§190m — Title 2 The Congress | U.S. Code

Summary

The U.S. marshal in the district must serve subpoenas (orders to appear or bring papers) for federal committees when testimony is taken there, just like if they came from the district court. If private parties ask for subpoenas, the marshal will serve them if paid first. The marshal can have someone else serve papers. A court officer called the master can swear in witnesses, force people to attend or bring documents, and use the same powers a district court would. The master must report witnesses who refuse to obey to the House that appointed the committee. The master, marshals, and witnesses get paid the same rates as in federal court. The U.S. pays those costs from the Senate’s contingent fund for Senate committees or from House accounts for House committees. After the interview, the master must bundle the depositions and exhibits, add a certificate listing how they were taken, who was subpoenaed, who attended, attendance time, mileage and fees for U.S. witnesses (which may be shown by affidavit), and his and the marshals’ fees. He must seal the package, label it briefly, mail it to the committee chair in Washington with postage paid, and it may only be opened before the committee. The committee chair must send a copy of the order to the Attorney General at least 10 days before the hearing and within two days after the order is made so the Attorney General can instruct the U.S. attorney, who may, and if the Attorney General requires must, appear and act as directed.

Title 2, §190m

The Congress — Source: USLM XML via OLRC

It shall be the duty of the marshal of the United States for the district in which the testimony is to be taken to serve, or cause to be served, all subpoenas issued in behalf of the United States under this section and section 190l of this title, in the same manner as if issued by the district court for his district; and he shall, upon being first paid his fees therefor, serve any subpoenas that may be issued at the instance of such private party or parties. And the said master may, in his discretion, appoint any other person to serve any subpoena. Such master shall have full power to administer oaths to witnesses, and the same power to issue attachments to compel the attendance of witnesses and the production of books, papers, and documents, as the district court of his district would have in a case pending before it; and it shall be his duty to report the conduct of contumacious witnesses before him to the House of Congress appointing such committee. The compensation of such master in chancery, and the fees of marshals and deputy marshals, and of any person appointed to serve papers, shall be the same as for like services in equity cases in the district court of the United States; and the compensation of witnesses shall be the same as for like attendance and travel of witnesses before such district courts; and all such fees and compensation of officers and witnesses on behalf of the United States, and other expenses of all investigations which may be had under the provisions of this section and section 190l of this title on the part of the United States, shall be paid out of the contingent fund of the Senate, in the case of a committee of the Senate, or the applicable accounts of the House of Representatives, in the case of a committee of the House of Representatives. Said master, when the examination is concluded, shall attach together all the depositions and exhibits, and attach thereto his certificate setting forth or referring to the authority by which they were taken, any notices he may have given, the names of the witnesses for whom subpoenas or attachments were issued, the names of witnesses who attended, with the time of attendance and mileage and fees of each witness on behalf of the United States, which he may require to be shown by affidavit, his own fees, the fees of the marshal, his deputies or other persons serving papers, giving the items, and such other facts in relation to the circumstances connected with the taking of the depositions as he may deem material. He shall then seal up such depositions and papers securely, direct them to the chairman of such committee at Washington, stating briefly on the outside the nature of the contents, and place the same in the post office, paying the postage thereon; and said package shall be opened only in the presence of such committee. The chairman of any committee ordering testimony to be taken under this section and section 190l of this title shall, at least ten days before the time fixed for such examination, and within two days after the adoption of such order, cause a copy thereof to be directed and delivered to the Attorney General of the United States, or sent to him by mail at the Department of Justice, to enable him to give such instructions as he may deem best to the United States attorney of the district where such testimony is to be taken, who may, and, if required by the Attorney General, shall, though not requested by the committee, appear for the United States in person or by assistant, and take such part in such examination as the Attorney General shall direct.

Notes & Related Subsidiaries

Editorial Notes

Codification Upon its incorporation into the Code, references in this section to the circuit courts were omitted or changed to refer to the district courts to conform to act Mar. 3, 1911, which abolished the circuit courts. Section was formerly classified to section 230 of Title 31 prior to the general revision and enactment of Title 31, Money and Finance, by Pub. L. 97–258, § 1, Sept. 13, 1982, 96 Stat. 877.

Amendments

1996—Pub. L. 104–186 substituted “contingent fund of the Senate, in the case of a committee of the Senate, or the applicable accounts of the House of Representatives, in the case of a committee of the House of Representatives.” for “contingent fund of the branch of Congress appointing such committee.”

Statutory Notes and Related Subsidiaries

Change of Name

Act June 25, 1948, eff. Sept. 1, 1948, substituted “United States attorney” for “district attorney of the United States”. See section 541 of Title 28, Judiciary and Judicial Procedure, and

Historical and Revision Notes

thereunder.

§190m Subpoena for Taking Testimony; Compensation of Officers and Witnesses; Return of Depositions