§194 — Title 2 The Congress | U.S. Code

Summary

When a witness called to testify before either House of Congress, a joint committee, or any committee or subcommittee does not show up, does not bring required books or papers, or refuses to answer a relevant question, and Congress is told about that failure while it is in or out of session, a written report of the facts is filed with the President of the Senate or the Speaker of the House. The President of the Senate or the Speaker must certify that report with the Senate’s or House’s seal and send it to the appropriate United States attorney. The U.S. attorney must then take the matter to a grand jury.

Title 2, §194

The Congress — Source: USLM XML via OLRC

Whenever a witness summoned as mentioned in section 192 of this title fails to appear to testify or fails to produce any books, papers, records, or documents, as required, or whenever any witness so summoned refuses to answer any question pertinent to the subject under inquiry before either House, or any joint committee established by a joint or concurrent resolution of the two Houses of Congress, or any committee or subcommittee of either House of Congress, and the fact of such failure or failures is reported to either House while Congress is in session or when Congress is not in session, a statement of fact constituting such failure is reported to and filed with the President of the Senate or the Speaker of the House, it shall be the duty of the said President of the Senate or Speaker of the House, as the case may be, to certify, and he shall so certify, the statement of facts aforesaid under the seal of the Senate or House, as the case may be, to the appropriate United States attorney, whose duty it shall be to bring the matter before the grand jury for its action.

Notes & Related Subsidiaries

Editorial Notes

Codification R.S. § 104 derived from act Jan. 24, 1857, ch. 19, § 3, 11 Stat. 156.

Amendments

1938—Act

June 22, 1938, substituted “section 102” for “section 102 of the Revised Statutes” and inserted “or any joint committee established by a joint or concurrent resolution of the two Houses of Congress”. 1936—Act

July 13, 1936, substituted “section 102 of the Revised Statutes” for “section 102”, inserted provisions as to failure to produce and refusal to answer, required a statement of facts constituting the failure to be reported to and filed with the President of the Senate or the Speaker of the House, and directed that said President or Speaker certify the facts to the appropriate United States attorney in lieu of prior certification to the district attorney for the District of Columbia.

§194 Certification of failure to testify or produce; grand jury action

Summary

Title 2, §194

Notes & Related Subsidiaries

Editorial Notes

Amendments

Citations & Metadata