U.S. Code » Title 5 » Part PART I— THE AGENCIES GENERALLY › Chapter CHAPTER 5— ADMINISTRATIVE PROCEDURE › Subchapter SUBCHAPTER I— GENERAL PROVISIONS

5 U.S.C. § 503

Witness fees and allowances

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(a) For the purpose of this section, “agency” has the meaning given it by section 5721 of this title.(b) A witness is entitled to the fees and allowances allowed by statute for witnesses in the courts of the United States when—(1) he is subpenaed under section 304(a) of this title; or(2) he is subpenaed to and appears at a hearing before an agency authorized by law to hold hearings and subpena witnesses to attend the hearings.(Pub. L. 89–554, Sept. 6, 1966, 80 Stat. 381.)

Historical and Revision Notes

Derivation

U.S. Code

Revised Statutes and

Statutes at Large

 

5 U.S.C. 95.

R.S. § 185.

 

5 U.S.C. 95a.

Aug. 2, 1946, ch. 744, § 10, 60 Stat. 809.

Former sections 95 and 95a are combined and restated for clarity and brevity. The words “or expenses in the case of Government officers and employees” are omitted as covered by section 1823 of title 28. The word “agency” is substituted for “department” and defined to conform to the definition of “department” in section 18 of the Act of Aug. 2, 1946, ch. 744, 60 Stat. 811.

This section was part of title IV of the Revised Statutes. 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 inconsistent with the provisions of this Act [National Security Act of 1947], the provisions of title IV of the Revised Statutes as now or hereafter amended shall be applicable to the Department of Defense” is omitted from this title but is not repealed.

Standard changes are made to conform with the definitions applicable and the style of this title as outlined in the preface to the report.

Notes of Decisions
Cited in 5 cases, 1968–1984 · leading case: United States v. Friedman, 532 F.2d 928 (3rd Cir. 1976).
Sort: Relevance Newest Treatment
United States v. Friedman, 532 F.2d 928 (3rd Cir. 1976). “25 The banks, however, respond to this argument by referring to 5 U.S.C. § 503 which provides that; (a) For the purpose of this section, “agency” has the meaning given it by section 5721 of this title.”
United States of Am. & L. J. Marberry, Revenue Agent v. Robert J. Awerkamp, 497 F.2d 832 (7th Cir. 1974). “5 Finally, respondent Awerkamp argues that the summons should not be enforced because he was not offered any mileage and witness fees as provided by 5 U.S.C. § 503 (b). See Roberts v. United States, 397 F.”
United States of Am., & Merlene McGalliard Revenue Rep., Internal Revenue Serv. v. William P. Money, 744 F.2d 779 (11th Cir. 1984). “§ 7602 , including the taxpayer whose liability was under investigation, were entitled to witness fees under 5 U.S.C. § 503 , which authorizes payment of witness fees to persons subpoenaed to appear at a hearing before an agency.”
United States v. Miller, 609 F.2d 336 (8th Cir. 1979). “§ 7602 , including the taxpayer whose liability was under investigation, were entitled to witness fees under 5 U.S.C. § 503 , which authorizes payment of witness fees to persons subpoenaed to appear at a hearing before an agency.”
Roberts v. United States, 397 F.2d 968 (5th Cir. 1968). “After hearing, the trial court ordered that respondent Greenman appear and obey the requirements of the summons and ordered that upon compliance with the terms of the summons he should be paid a witness’ fee pursuant to Title 5 U.S.C. § 503 (b). A similar order was made with…”
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