5 U.S.C. § 304 — Subpenas

Page 24 TITLE 5—GOVERNMENT ORGANIZATION AND EMPLOYEES § 304 HISTORICAL AND REVISION NOTES Derivation U.S. Code Revised Statutes and Statutes at Large .................. 5 U.S.C. 93. R.S. § 183. Mar. 2, 1901, ch. 809, § 3, 31 Stat. 951. Feb. 13, 1911, ch. 43, 36 Stat. 898. The word ‘‘employee’’ is substituted for ‘‘officer or clerk’’ in view of the definition in section 2105. The words ‘‘Executive department’’ are substituted for ‘‘de- partments’’ as the definition of ‘‘department’’ applica- ble to this section is coextensive with the definition of ‘‘Executive department’’ in section 101. So much as re- lated to the Armed Forces is omitted as superseded by section 636 of title 14 and section 936(b) of title 10. This section was part of title IV of the Revised Stat- utes. The Act of July 26, 1947, ch. 343, § 201(d), as added Aug. 10, 1949, ch. 412, § 4, 63 Stat. 579 (formerly 5 U.S.C. 171–1), which provides ‘‘Except to the extent incon- sistent with the provisions of this Act [National Secu- rity Act of 1947], the provisions of title IV of the Re- vised Statutes as now or hereafter amended shall be ap- plicable to the Department of Defense’’ is omitted from this title but is not repealed. Standard changes are made to conform with the defi- nitions applicable and the style of this title as outlined in the preface to the report. Editorial Notes AMENDMENTS 1976—Pub. L. 94–213 designated existing provisions as subsec. (a) and added subsec. (b). § 304. Subpenas (a) The head of an Executive department or military department or bureau thereof in which a claim against the United States is pending may apply to a judge or clerk of a court of the United States to issue a subpena for a witness within the jurisdiction of the court to appear at a time and place stated in the subpena before an individual authorized to take depositions to be used in the courts of the United States, to give full and true answers to such written interrog- atories and cross-interrogatories as may be sub- mitted with the application, or to be orally ex- amined and cross-examined on the subject of the claim. (b) If a witness, after being served with a sub- pena, neglects or refuses to appear, or, appear- ing, refuses to testify, the judge of the district in which the subpena issued may proceed, on proper process, to enforce obedience to the sub- pena, or to punish for disobedience, in the same manner as a court of the United States may in case of process of subpena ad testificandum issued by the court. (Pub. L. 89–554, Sept. 6, 1966, 80 Stat. 379.) HISTORICAL AND REVISION NOTES Derivation U.S. Code Revised Statutes and Statutes at Large (a) ............. 5 U.S.C. 94. R.S. § 184. (b) ............. 5 U.S.C. 96. R.S. § 186. In subsection (a), the words ‘‘Executive department’’ are substituted for ‘‘department’’ as the definition of ‘‘department’’ applicable to this section is coextensive with the definition of ‘‘Executive department’’ in sec- tion 101. The word ‘‘thereof’’ is added to reflect the proper relationship between ‘‘department’’ and ‘‘bu- reau’’ as reflected in title IV of the Revised Statutes of 1878. The words ‘‘in any State, District, or Territory’’ are omitted as unnecessary. The word ‘‘individual’’ is substituted for ‘‘officer’’ as the definition of ‘‘officer’’ in section 2104 is narrower than the word ‘‘officer’’ in R.S. § 184 which word includes ‘‘officers’’ as defined in section 2104 as well as notaries public who are not ‘‘offi- cers’’ under section 2104, but are ‘‘officers’’ as that word is used in R.S. § 184. In subsection (a), the words ‘‘or military depart- ment’’ are inserted to preserve the application of the source law. Before enactment of the National Security Act Amendments of 1949 (63 Stat. 578), the Department of the Army, the Department of the Navy, and the De- partment of the Air Force were Executive departments. The National Security Act Amendments of 1949 estab- lished the Department of Defense as an Executive De- partment including the Department of the Army, the Department of the Navy, and the Department of the Air Force as military departments, not as Executive departments. However, the source law for this section, which was in effect in 1949, remained applicable to the Secretaries of the military departments by virtue of section 12(g) of the National Security Act Amendments of 1949 (63 Stat. 591), which is set out in the reviser’s note for section 301. This section was part of title IV of the Revised Stat- utes. The Act of July 26, 1947, ch. 343, § 201(d), as added Aug. 10, 1949, ch. 412, § 4, 63 Stat. 579 (former 5 U.S.C. 171–1), which provides ‘‘Except to the extent incon- sistent with the provisions of this Act [National Secu- rity Act of 1947], the provisions of title IV of the Re- vised Statutes as now or hereafter amended shall be ap- plicable to the Department of Defense’’ is omitted from this title but is not repealed. Standard changes are made to conform with the defi- nitions applicable and the style of this title as outlined in the preface to the report. § 305. Systematic agency review of operations (a) For the purpose of this section, ‘‘agency’’ means an Executive agency, but does not in- clude— (1) a Government controlled corporation; (2) the Tennessee Valley Authority; (3) the Virgin Islands Corporation; (4) the Atomic Energy Commission; (5) the Central Intelligence Agency; (6) the Panama Canal Commission; or (7) the National Security Agency, Depart- ment of Defense. (b) Under regulations prescribed and adminis- tered by the President, each agency shall review systematically the operations of each of its ac- tivities, functions, or organization units, on a continuing basis. (c) The purpose of the reviews includes— (1) determining the degree of efficiency and economy in the operation of the agency’s ac- tivities, functions, or organization units; (2) identifying the units that are out- standing in those respects; and (3) identifying the employees whose personal efforts have caused their units to be out- standing in efficiency and economy of oper- ations. (Pub. L. 89–554, Sept. 6, 1966, 80 Stat. 380; Pub. L. 96–54, § 2(a)(2), Aug. 14, 1979, 93 Stat. 381; Pub. L. 96–70, title III, § 3302(e)(1), Sept. 27, 1979, 93 Stat. 498; Pub. L. 97–468, title VI, § 615(b)(1)(A), Jan. 14, 1983, 96 Stat. 2578.)