US (United States) Code. Title 2. Chapter 6: Congressional and committee procedure; investigations

Codificación normativa de EEUU (Estados Unidos). Legislación federal estadounidense # The Congress

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-CITE-

2 USC CHAPTER 6 - CONGRESSIONAL AND COMMITTEE PROCEDURE;

INVESTIGATIONS 01/06/03

-EXPCITE-

TITLE 2 - THE CONGRESS

CHAPTER 6 - CONGRESSIONAL AND COMMITTEE PROCEDURE; INVESTIGATIONS

.

-HEAD-

CHAPTER 6 - CONGRESSIONAL AND COMMITTEE PROCEDURE; INVESTIGATIONS

-MISC1-

Sec.

190 to 190c. Repealed.

190d. Legislative review by standing committees of the Senate and

the House of Representatives.

(a) Scope of assistance.

(b) Reports to the Senate and the House of

Representatives.

(c) Exceptions.

190e. Repealed.

190f. General appropriation bills.

(a) Repealed.

(b) Standard appropriation classification schedule.

(c) Nonconsideration if a provision reappropriates

unexpended balances.

190g. Nonconsideration of certain private bills and resolutions.

190h to 190k. Repealed.

190l. Private claims pending before Congress; taking of testimony.

190m. Subpoena for taking testimony; compensation of officers and

witnesses; return of depositions.

191. Oaths to witnesses.

192. Refusal of witness to testify or produce papers.

193. Privilege of witnesses.

194. Certification of failure to testify or produce; grand jury

action.

194a. Request by Congressional committees to officers or employees

of Federal departments, agencies, etc., concerned with foreign

countries or multilateral organizations for expression of views

and opinions.

194b. Omitted.

195. Fees of witnesses in District of Columbia.

195a. Restriction on payment of witness fees or travel and

subsistence expenses to persons subpenaed by Congressional

committees.

195b. Fees for witnesses requested to appear before Majority Policy

Committee or Minority Policy Committee.

196. Senate resolutions for investigations; limit of cost.

197. Compensation of employees.

198. Adjournment.

199. Member of commission, board, etc., appointed by President pro

tempore of Senate; recommendation process; applicability.

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2 USC Sec. 190 01/06/03

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TITLE 2 - THE CONGRESS

CHAPTER 6 - CONGRESSIONAL AND COMMITTEE PROCEDURE; INVESTIGATIONS

-HEAD-

Sec. 190. Repealed. S. Res. 4, Sec. 301(b), Feb. 4, 1977

-MISC1-

Section, act Aug. 2, 1946, ch. 753, title I, Sec. 137, 60 Stat.

832, directed that controversies arising as to the jurisdiction of

any standing committee of the Senate with respect to any proposed

legislation be decided by the presiding officer of the Senate in

favor of the committee having jurisdiction over the subject matter

which predominated in the proposed legislation.

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2 USC Sec. 190a to 190a-2 01/06/03

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TITLE 2 - THE CONGRESS

CHAPTER 6 - CONGRESSIONAL AND COMMITTEE PROCEDURE; INVESTIGATIONS

-HEAD-

Sec. 190a to 190a-2. Repealed. S. Res. 274, Sec. 2(a), Nov. 14,

1979

-MISC1-

Section 190a, acts Aug. 2, 1946, ch. 753, title I, Sec. 133, 60

Stat. 381; Oct. 26, 1970, Pub. L. 91-510, title I, Sec. 102(a),

103(a), 104(a), 105(a), 106(a), 107(a), 108(a), 110(a), 84 Stat.

1143-1149; Dec. 16, 1970, Pub. L. 91-552, Sec. 1(2), 84 Stat. 1440;

Oct. 11, 1971, Pub. L. 92-136, Sec. 3(a), (b), 85 Stat. 377; S.

Res. 9, Sec. 2, Nov. 5, 1975, related to meetings of the standing

committees of the Senate. See the Standing Rules of the Senate.

Section 190a-1, act Aug. 2, 1946, ch. 753, title I, Sec. 133A, as

added Oct. 26, 1970, Pub. L. 91-510, title I, Sec. 111(a)(1),

112(a), 113(a), 114(a), 115(a), 116(a), 84 Stat. 1151-1153; S. Res.

9, Sec. 2, Nov. 5, 1975, related to Senate committee hearing

procedures. See Standing Rules of the Senate.

Section 190a-2, act Aug. 2, 1946, ch. 753, title I, Sec. 133B, as

added Oct. 26, 1970, Pub. L. 91-510, title I, Sec. 130(a), 84 Stat.

1163, related to Senate committee rules. See Standing Rules of the

Senate.

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2 USC Sec. 190a-3 01/06/03

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TITLE 2 - THE CONGRESS

CHAPTER 6 - CONGRESSIONAL AND COMMITTEE PROCEDURE; INVESTIGATIONS

-HEAD-

Sec. 190a-3. Repealed. S. Res. 9, Sec. 2, Nov. 5, 1975

-MISC1-

Section, Pub. L. 93-344, title I, Sec. 102(d), July 12, 1974, 88

Stat. 301, provided that meetings of Senate Committee on the Budget

or any subcommittee thereof be open to public except in certain

specified instances.

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2 USC Sec. 190b, 190c 01/06/03

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TITLE 2 - THE CONGRESS

CHAPTER 6 - CONGRESSIONAL AND COMMITTEE PROCEDURE; INVESTIGATIONS

-HEAD-

Sec. 190b, 190c. Repealed. S. Res. 274, Sec. 2(a), Nov. 14, 1979

-MISC1-

Section 190b, acts Aug. 2, 1946, ch. 753, title I, Sec. 134(a),

(c), 60 Stat. 831, 832; Oct. 26, 1970, Pub. L. 91-510, title I,

Sec. 117(a), 84 Stat. 1155; Dec. 16, 1970, Pub. L. 91-552, Sec.

1(6), 84 Stat. 1440; July 12, 1974, Pub. L. 93-344, title IX, Sec.

903(a), 88 Stat. 331; S. Res. 4, Sec. 402(c), Feb. 4, 1977, related

to authority of Senate standing committees and subcommittees. See

Standing Rules of the Senate.

Section 190c, acts Aug. 2, 1946, ch. 753, title I, Sec. 135, 60

Stat. 832; Oct. 26, 1970, Pub. L. 91-510, title I, Sec. 125(a)(2),

84 Stat. 1159, related to Senate conference reports. See Standing

Rules of the Senate.

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2 USC Sec. 190d 01/06/03

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TITLE 2 - THE CONGRESS

CHAPTER 6 - CONGRESSIONAL AND COMMITTEE PROCEDURE; INVESTIGATIONS

-HEAD-

Sec. 190d. Legislative review by standing committees of the Senate

and the House of Representatives

-STATUTE-

(a) Scope of assistance

In order to assist the Congress in -

(1) its analysis, appraisal, and evaluation of the application,

administration, and execution of the laws enacted by the

Congress, and

(2) its formulation, consideration, and enactment of such

modifications of or changes in those laws, and of such additional

legislation, as may be necessary or appropriate,

each standing committee of the Senate and the House of

Representatives shall review and study, on a continuing basis, the

application, administration, and execution of those laws, or parts

of laws, the subject matter of which is within the jurisdiction of

that committee. Such committees may carry out the required

analysis, appraisal, and evaluation themselves, or by contract, or

may require a Government agency to do so and furnish a report

thereon to the Congress. Such committees may rely on such

techniques as pilot testing, analysis of costs in comparison with

benefits, or provision for evaluation after a defined period of

time.

(b) Reports to the Senate and the House of Representatives

In each odd-numbered year beginning on or after January 1, 1973,

each standing committee of the Senate shall submit, not later than

March 31, to the Senate, and each standing committee of the House

shall submit, not later than January 2, to the House, a report on

the activities of that committee under this section during the

Congress ending at noon on January 3 of such year.

(c) Exceptions

The preceding provisions of this section do not apply to the

Committees on Appropriations and the Budget of the Senate and the

Committees on Appropriations, the Budget, House Oversight, Rules,

and Standards of Official Conduct of the House.

-SOURCE-

(Aug. 2, 1946, ch. 753, title I, Sec. 136, 60 Stat. 832; Pub. L.

91-510, title I, Sec. 118(a)(1), Oct. 26, 1970, 84 Stat. 1156; Pub.

L. 92-136, Sec. 1, Oct. 11, 1971, 85 Stat. 376; Pub. L. 93-344,

title VII, Sec. 701, title IX, Sec. 903(b), July 12, 1974, 88 Stat.

325, 331; Pub. L. 104-186, title II, Sec. 206(1), Aug. 20, 1996,

110 Stat. 1742.)

-STATAMEND-

PARTIAL REPEAL

Section 2(a), S. Res. 274, Ninety-sixth Congress, Nov. 14,

1979, provided in part that this section, insofar as it relates

to the Senate, is repealed. See Standing Rules of the Senate.

-MISC1-

AMENDMENTS

1996 - Subsec. (c). Pub. L. 104-186 substituted ''House

Oversight'' for ''House Administration''.

1974 - Subsec. (a). Pub. L. 93-344, Sec. 701, authorized the

committees to carry out the required analysis, appraisal, and

evaluation themselves, or by contract, or to require a Government

agency to do so and furnish a report thereon to the Congress, and

authorized the committees to rely on such techniques as pilot

testing, analysis of costs in comparison with benefits, or

provision for evaluation after a defined period of time.

Subsec. (c). Pub. L. 93-344, Sec. 903(b), substituted

''Committees on Appropriations and the Budget of the Senate and the

Committees on Appropriations, the Budget,'' for ''Committee on

Appropriations of the Senate and the Committee on

Appropriations,''.

1971 - Subsec. (a). Pub. L. 92-136 substituted ''Congress'' for

''Senate'' in provisions preceding cl. (1) and inserted reference

to the House of Representatives in provisions following cl. (2).

Subsec. (b). Pub. L. 92-136 substituted ''In each odd-numbered

year beginning on or after January 1, 1973, each'' for ''Each'' and

''March 31, to the Senate, and each standing committee of the House

shall submit, not later than January 2, to the House,'' for ''March

31 of each odd-numbered year beginning on and after January 1,

1973, to the Senate''.

Subsec. (c). Pub. L. 92-136 inserted reference to Committees on

Appropriations, House Administration, Rules, and Standards of

Official Conduct of the House.

1970 - Subsec. (a). Pub. L. 91-510 incorporated existing subject

matter in provisions designated as subsec. (a), restricted the text

to standing committees of Senate, revised phraseology to require

standing committees to review and study, on a continuing basis,

application, administration, and execution of laws and parts of

laws for prior provision for exercise of continuous watchfulness of

execution of laws by administrative agencies concerned, and in

providing for assistance to the Senate, rather than the Congress,

included analysis and evaluation of laws enacted by Congress and

substituted provision for formulation, consideration, and enactment

of modifications or changes in the laws and of additional

legislation as necessary or appropriate for prior provisions for

assistance in developing amendments or related legislation as may

be necessary.

Subsecs. (b), (c). Pub. L. 91-510 added subsecs. (b) and (c).

-CHANGE-

CHANGE OF NAME

Committee on House Oversight of House of Representatives changed

to Committee on House Administration of House of Representatives by

House Resolution No. 5, One Hundred Sixth Congress, Jan. 6, 1999.

-MISC4-

EFFECTIVE DATE OF 1971 AMENDMENT

Section 9(a) of Pub. L. 92-136 provided that: ''The amendments

made by the first section (amending this section) section 2, and

section 5 of this Act (amending section 72a of this title) shall

become effective as of noon on January 3, 1971.''

EFFECTIVE DATE OF 1970 AMENDMENT

Amendment by Pub. L. 91-510 effective immediately prior to noon

on Jan. 3, 1971, see section 601(1) of Pub. L. 91-510, set out as a

note under section 72a of this title.

EFFECTIVE DATE

Section effective Jan. 2, 1947, see section 142 of act Aug. 2,

1946.

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2 USC Sec. 190e 01/06/03

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TITLE 2 - THE CONGRESS

CHAPTER 6 - CONGRESSIONAL AND COMMITTEE PROCEDURE; INVESTIGATIONS

-HEAD-

Sec. 190e. Repealed. Pub. L. 91-510, title II, Sec. 242(b)(1), Oct.

26, 1970, 84 Stat. 1172

-MISC1-

Section, act Aug. 2, 1946, ch. 753, title I, Sec. 138, 60 Stat.

832, related to report of legislative budget by Committee on Ways

and Means and Committee on Appropriations of House and Committee on

Finance and Committee on Appropriations of Senate, its contents,

and concurrent resolution adopting the budget. See Rules of the

House of Representatives and Standing Rules of the Senate.

EFFECTIVE DATE OF REPEAL

Repeal effective immediately prior to noon on Jan. 3, 1971, see

section 601(1) of Pub. L. 91-510, set out as an Effective Date of

1970 Amendment note under section 72a of this title.

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2 USC Sec. 190f 01/06/03

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TITLE 2 - THE CONGRESS

CHAPTER 6 - CONGRESSIONAL AND COMMITTEE PROCEDURE; INVESTIGATIONS

-HEAD-

Sec. 190f. General appropriation bills

-STATUTE-

(a) Repealed. Pub. L. 91-510, title I, Sec. 108(d), Oct. 26, 1970,

84 Stat. 1149

(b) Standard appropriation classification schedule

The Committees on Appropriations of the two Houses are authorized

and directed, acting jointly, to develop a standard appropriation

classification schedule which will clearly define in concise and

uniform accounts the subtotals of appropriations asked for by

agencies in the executive branch of the Government. That part of

the printed hearings containing each such agency's request for

appropriations shall be preceded by such a schedule.

(c) Nonconsideration if a provision reappropriates unexpended

balances

No general appropriation bill or amendment thereto shall be

received or considered in either House if it contains a provision

reappropriating unexpended balances of appropriations; except that

this provision shall not apply to appropriations in continuation of

appropriations for public works on which work has commenced.

-SOURCE-

(Aug. 2, 1946, ch. 753, title I, Sec. 139(a), (b), (c), 60 Stat.

833; Pub. L. 91-510, title I, Sec. 108(d), Oct. 26, 1970, 84 Stat.

1149.)

-STATAMEND-

PARTIAL REPEAL

Section 2(a), S. Res. 274, Ninety-sixth Congress, Nov. 14,

1979, provided in part that this section, insofar as it relates

to the Senate, is repealed. See Standing Rules of the Senate.

-COD-

CODIFICATION

Section constitutes subsections (a) to (c) of section 139 of act

Aug. 2, 1946. Subsection (d) of section 139, which required the two

Houses of Congress to make a study of existing permanent

appropriations with a view to limiting the number thereof and to

recommending what permanent appropriations should be discontinued,

and of the disposition of funds resulting from the sale of

Government property or services by all departments and agencies in

the executive branch of the Government with a view to recommending

a uniform system of control with respect to those funds, was

omitted from the Code as being of a temporary character.

-MISC3-

AMENDMENTS

1970 - Subsec. (a). Pub. L. 91-510 repealed prohibition against

consideration of any general appropriation bill in either House

unless prior to such consideration printed committee hearings and

reports on the bill have been available for at least three calendar

days for the Members of the House considering the bill, which was

incorporated in section 190a(f) of this title.

EFFECTIVE DATE OF 1970 AMENDMENT

Amendment by Pub. L. 91-510 effective immediately prior to noon

on Jan. 3, 1971, see section 601(1) of Pub. L. 91-510, set out as a

note under section 72a of this title.

EFFECTIVE DATE

Section effective Jan. 2, 1947, see section 142 of act Aug. 2,

1946.

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2 USC Sec. 190g 01/06/03

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TITLE 2 - THE CONGRESS

CHAPTER 6 - CONGRESSIONAL AND COMMITTEE PROCEDURE; INVESTIGATIONS

-HEAD-

Sec. 190g. Nonconsideration of certain private bills and

resolutions

-STATUTE-

No private bill or resolution (including so-called omnibus claims

or pension bills), and no amendment to any bill or resolution,

authorizing or directing (1) the payment of money for property

damages, for personal injuries or death for which suit may be

instituted under the Federal Tort Claims Act, or for a pension

(other than to carry out a provision of law or treaty stipulation);

(2) the construction of a bridge across a navigable stream; or (3)

the correction of a military or naval record, shall be received or

considered in either the Senate or the House of Representatives.

-SOURCE-

(Aug. 2, 1946, ch. 753, title I, Sec. 131, 60 Stat. 831.)

-STATAMEND-

PARTIAL REPEAL

Section 2(a), S. Res. 274, Ninety-sixth Congress, Nov. 14,

1979, provided in part that this section, insofar as it relates

to the Senate, is repealed. See Standing Rules of the Senate.

-REFTEXT-

REFERENCES IN TEXT

The Federal Tort Claims Act, referred to in text, is classified

generally to section 1346(b) and chapter 171 (Sec. 2671 et seq.) of

Title 28, Judiciary and Judicial Procedure.

-MISC2-

EFFECTIVE DATE

Section effective Jan. 2, 1947, see section 142 of act Aug. 2,

1946.

-CITE-

2 USC Sec. 190h 01/06/03

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TITLE 2 - THE CONGRESS

CHAPTER 6 - CONGRESSIONAL AND COMMITTEE PROCEDURE; INVESTIGATIONS

-HEAD-

Sec. 190h. Repealed. S. Res. 9, Sec. 2, Nov. 5, 1975

-MISC1-

Section, Pub. L. 91-510, title II, Sec. 242(a), Oct. 26, 1970, 84

Stat. 1171, provided that each meeting conducted by Senate

Committee on Appropriations be open to the public except when

testimony to be taken might relate to a matter of national

security, tend to reflect adversely on character or reputation of

witness or other individual, or divulge matters deemed confidential

under other provisions of law or regulations.

-CITE-

2 USC Sec. 190i to 190k 01/06/03

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TITLE 2 - THE CONGRESS

CHAPTER 6 - CONGRESSIONAL AND COMMITTEE PROCEDURE; INVESTIGATIONS

-HEAD-

Sec. 190i to 190k. Repealed. S. Res. 274, Sec. 2(b), Nov. 14, 1979

-MISC1-

Section 190i, Pub. L. 91-510, title II, Sec. 243, Oct. 26, 1970,

84 Stat. 1173, related to actions and procedures of the Committee

on Appropriations of Senate. See Standing Rules of the Senate.

Section 190j, Pub. L. 91-510, title II, Sec. 252(a), Oct. 26,

1970, 84 Stat. 1173; Aug. 1, 1946, ch. 724, Sec. 302(d), as added

Aug. 30, 1954, ch. 1073, Sec. 1, as added Sept. 20, 1977, Pub. L.

95-110, Sec. 1, 91 Stat. 884, related to cost estimates in reports

of Senate committees accompanying certain legislative measures and

to other Senate committee operations. See Standing Rules of the

Senate.

Section 190k, Pub. L. 91-510, title II, Sec. 253(a), (b), Oct.

26, 1970, 84 Stat. 1174, related to appropriations on an annual

basis for continuing programs and activities and review by Senate

and joint committees. See Standing Rules of the Senate.

-CITE-

2 USC Sec. 190l 01/06/03

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TITLE 2 - THE CONGRESS

CHAPTER 6 - CONGRESSIONAL AND COMMITTEE PROCEDURE; INVESTIGATIONS

-HEAD-

Sec. 190l. Private claims pending before Congress; taking of

testimony

-STATUTE-

Any committee of either House of Congress before which any

private claim against the United States may at any time be pending,

being first thereto authorized by the House appointing them, may

order testimony to be taken, and books and papers to be examined,

and copies thereof proved, before any standing master in chancery

within the judicial district where such testimony or evidence is to

be taken. Such master in chancery, upon receiving a copy of the

order of such committee, signed by its chairman, setting forth the

time and place when and where such examination is to be had, the

questions to be investigated, and, so far as may be known to the

committee, the names of the witnesses to be examined on the part of

the United States, and the general nature of the books, papers, and

documents to be proved, if known, shall proceed to give to such

private parties reasonable notice of the time and place of such

examination, unless such notice shall have been or shall be given

by such committee or its chairman, or by the attorney or agent of

the United States, or waived by such private party. And such

master shall issue subpoenas for such witnesses as may have been

named in the order of such committee, and such others as the agent

or other representative of the United States hereinafter mentioned

shall request. And he shall also issue subpoenas at the request of

such private party, or parties, for such witnesses within such

judicial district as they may desire: Provided, That the United

States shall not be liable for the fees of any officer for serving

any subpoena for any private party, nor for the fees of any witness

on behalf of such party. Said committee may inform the United

States attorney for the district where the testimony is to be taken

of the time, place, and object of such examination, and request his

attendance in behalf of the Government in conducting such

examination, in which case it shall be his duty to attend in

person, or by an assistant employed by him, to conduct such

examination on the part of the United States, or such committee

may, at its option, appoint an agent or attorney, or one of its own

members, for that purpose, as they may deem best; and in that

event, if the committee shall not be unanimous, the minority of the

committee may also appoint such agent or attorney or member of such

committee to attend and take part in such examination.

-SOURCE-

(Feb. 3, 1879, ch. 40, Sec. 1, 20 Stat. 278; Mar. 3, 1911, ch. 231,

Sec. 291, 36 Stat. 1167; June 25, 1948, ch. 646, Sec. 1, 62 Stat.

909.)

-COD-

CODIFICATION

This section and section 190m of this title were an act entitled

''An act to provide for taking testimony, to be used before

Congress, in cases of private claims against the United States.''

The original text referred to ''any standing master in chancery

of the circuit of the United States within the judicial district

where such testimony or evidence is to be taken.'' The words ''of

the circuit of the United States'' were omitted as inappropriate

since the abolition of circuit courts by act Mar. 3, 1911.

Section was formerly classified to section 229 of Title 31 prior

to the general revision and enactment of Title 31, Money and

Finance, by Pub. L. 97-258, Sec. 1, Sept. 13, 1982, 96 Stat. 877.

-CHANGE-

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.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 190m of this title.

-CITE-

2 USC Sec. 190m 01/06/03

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TITLE 2 - THE CONGRESS

CHAPTER 6 - CONGRESSIONAL AND COMMITTEE PROCEDURE; INVESTIGATIONS

-HEAD-

Sec. 190m. Subpoena for taking testimony; compensation of officers

and witnesses; return of depositions

-STATUTE-

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.

-SOURCE-

(Feb. 3, 1879, ch. 40, Sec. 2, 20 Stat. 279; Mar. 3, 1911, ch. 231,

Sec. 291, 36 Stat. 1167; June 25, 1948, ch. 646, Sec. 1, 62 Stat.

909; Pub. L. 104-186, title II, Sec. 206(2), Aug. 20, 1996, 110

Stat. 1742.)

-COD-

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, Sec. 1, Sept. 13, 1982, 96 Stat. 877.

-MISC3-

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.''

-CHANGE-

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.

-CITE-

2 USC Sec. 191 01/06/03

-EXPCITE-

TITLE 2 - THE CONGRESS

CHAPTER 6 - CONGRESSIONAL AND COMMITTEE PROCEDURE; INVESTIGATIONS

-HEAD-

Sec. 191. Oaths to witnesses

-STATUTE-

The President of the Senate, the Speaker of the House of

Representatives, or a chairman of any joint committee established

by a joint or concurrent resolution of the two Houses of Congress,

or of a committee of the whole, or of any committee of either House

of Congress, is empowered to administer oaths to witnesses in any

case under their examination.

Any member of either House of Congress may administer oaths to

witnesses in any matter depending in either House of Congress of

which he is a Member, or any committee thereof.

-SOURCE-

(R.S. Sec. 101; June 26, 1884, ch. 123, 23 Stat. 60; June 22, 1938,

ch. 594, 52 Stat. 942, 943.)

-COD-

CODIFICATION

R.S. Sec. 101 derived from acts May 3, 1798, ch. 36, Sec. 1, 1

Stat. 554, and Feb. 8, 1817, ch. 10, 3 Stat. 345.

R.S. Sec. 101 constitutes first sentence, and act June 26, 1884,

constitutes second sentence.

-MISC3-

AMENDMENTS

1938 - Act June 22, 1938, reenacted section without change.

-CITE-

2 USC Sec. 192 01/06/03

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TITLE 2 - THE CONGRESS

CHAPTER 6 - CONGRESSIONAL AND COMMITTEE PROCEDURE; INVESTIGATIONS

-HEAD-

Sec. 192. Refusal of witness to testify or produce papers

-STATUTE-

Every person who having been summoned as a witness by the

authority of either House of Congress to give testimony or to

produce papers upon any matter 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 of

either House of Congress, willfully makes default, or who, having

appeared, refuses to answer any question pertinent to the question

under inquiry, shall be deemed guilty of a misdemeanor, punishable

by a fine of not more than $1,000 nor less than $100 and

imprisonment in a common jail for not less than one month nor more

than twelve months.

-SOURCE-

(R.S. Sec. 102; June 22, 1938, ch. 594, 52 Stat. 942.)

-COD-

CODIFICATION

R.S. Sec. 102 derived from act Jan. 24, 1857, ch. 19, Sec. 1, 11

Stat. 155.

-MISC3-

AMENDMENTS

1938 - Act June 22, 1938, reenacted section without change.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 194 of this title.

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2 USC Sec. 193 01/06/03

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TITLE 2 - THE CONGRESS

CHAPTER 6 - CONGRESSIONAL AND COMMITTEE PROCEDURE; INVESTIGATIONS

-HEAD-

Sec. 193. Privilege of witnesses

-STATUTE-

No witness is privileged to refuse to testify to any fact, or to

produce any paper, respecting which he shall be examined by either

House of Congress, or by any joint committee established by a joint

or concurrent resolution of the two Houses of Congress, or by any

committee of either House, upon the ground that his testimony to

such fact or his production of such paper may tend to disgrace him

or otherwise render him infamous.

-SOURCE-

(R.S. Sec. 103; June 22, 1938, ch. 594, 52 Stat. 942.)

-COD-

CODIFICATION

R.S. Sec. 103 derived from act Jan. 24, 1862, ch. 11, 12 Stat.

333.

-MISC3-

AMENDMENTS

1938 - Act June 22, 1938, reenacted section without change.

-CITE-

2 USC Sec. 194 01/06/03

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TITLE 2 - THE CONGRESS

CHAPTER 6 - CONGRESSIONAL AND COMMITTEE PROCEDURE; INVESTIGATIONS

-HEAD-

Sec. 194. Certification of failure to testify or produce; grand

jury action

-STATUTE-

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.

-SOURCE-

(R.S. Sec. 104; July 13, 1936, ch. 884, 49 Stat. 2041; June 22,

1938, ch. 594, 52 Stat. 942.)

-COD-

CODIFICATION

R.S. Sec. 104 derived from act Jan. 24, 1857, ch. 19, Sec. 3, 11

Stat. 156.

-MISC3-

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.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 288d, 288g of this title.

-CITE-

2 USC Sec. 194a 01/06/03

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TITLE 2 - THE CONGRESS

CHAPTER 6 - CONGRESSIONAL AND COMMITTEE PROCEDURE; INVESTIGATIONS

-HEAD-

Sec. 194a. Request by Congressional committees to officers or

employees of Federal departments, agencies, etc., concerned

with foreign countries or multilateral organizations for

expression of views and opinions

-STATUTE-

Upon the request of a committee of either House of Congress, a

joint committee of Congress, or a member of such committee, any

officer or employee of the Department of State, the Agency for

International Development, or any other department, agency, or

independent establishment of the United States Government primarily

concerned with matters relating to foreign countries or

multilateral organizations may express his views and opinions, and

make recommendations he considers appropriate, if the request of

the committee or member of the committee relates to a subject which

is within the jurisdiction of that committee.

-SOURCE-

(Pub. L. 92-352, title V, Sec. 502, July 13, 1972, 86 Stat. 496;

Pub. L. 93-126, Sec. 17, Oct. 18, 1973, 87 Stat. 455; Pub. L.

105-277, div. G, subdiv. A, title XII, Sec. 1225(g), title XIII,

Sec. 1335(n), Oct. 21, 1998, 112 Stat. 2681-775, 2681-789.)

-MISC1-

AMENDMENTS

1998 - Pub. L. 105-277, Sec. 1335(n), struck out ''the United

States Information Agency,'' after ''Department of State,''.

Pub. L. 105-277, Sec. 1225(g), struck out ''the United States

Arms Control and Disarmament Agency,'' after ''International

Development,''.

1973 - Pub. L. 93-126 substituted ''or employee of'' for

''appointed by the President, by and with the advice and consent of

the Senate, to a position in''.

EFFECTIVE DATE OF 1998 AMENDMENT

Amendment by section 1225(g) of Pub. L. 105-277 effective Apr. 1,

1999, see section 1201 of Pub. L. 105-277, set out as an Effective

Date note under section 6511 of Title 22, Foreign Relations and

Intercourse.

Amendment by section 1335(n) of Pub. L. 105-277 effective Oct. 1,

1999, see section 1301 of Pub. L. 105-277, set out as an Effective

Date note under section 6531 of Title 22, Foreign Relations and

Intercourse.

-CITE-

2 USC Sec. 194b 01/06/03

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TITLE 2 - THE CONGRESS

CHAPTER 6 - CONGRESSIONAL AND COMMITTEE PROCEDURE; INVESTIGATIONS

-HEAD-

Sec. 194b. Omitted

-COD-

CODIFICATION

Section, Pub. L. 100-418, title V, Sec. 5421, Aug. 23, 1988, 102

Stat. 1468, which directed President or head of appropriate

department or agency to include in every recommendation or report

made to Congress on legislation which might affect ability of

United States firms to compete in domestic and international

commerce a statement of impact of such legislation on international

trade and public interest and ability of United States firms

engaged in the manufacture, sale, distribution, or provision of

goods or services to compete in foreign or domestic markets, ceased

to be effective six years from Aug. 23, 1988, pursuant to subsec.

(c) of section.

-CITE-

2 USC Sec. 195 01/06/03

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TITLE 2 - THE CONGRESS

CHAPTER 6 - CONGRESSIONAL AND COMMITTEE PROCEDURE; INVESTIGATIONS

-HEAD-

Sec. 195. Fees of witnesses in District of Columbia

-STATUTE-

Witnesses residing in the District of Columbia and not in the

service of the government of said District or of the United States,

who shall be summoned to give testimony before any committee of the

House of Representatives, shall not be allowed exceeding $2 for

each day's attendance before said committee.

-SOURCE-

(May 1, 1876, ch. 88, 19 Stat. 41.)

-MISC1-

HOUSE RULE ON PAY OF WITNESSES

Rule XI, clause 5, Rules of the House of Representatives,

provides that: ''Witnesses appearing before the House or any of its

committees shall be paid the same per diem rate as established,

authorized, and regulated by the Committee on House Administration

for Members, Delegates, the Resident Commissioner, and employees of

the House, plus actual expenses of travel to or from the place of

examination. Such per diem may not be paid when a witness has been

summoned at the place of examination.''

-CITE-

2 USC Sec. 195a 01/06/03

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TITLE 2 - THE CONGRESS

CHAPTER 6 - CONGRESSIONAL AND COMMITTEE PROCEDURE; INVESTIGATIONS

-HEAD-

Sec. 195a. Restriction on payment of witness fees or travel and

subsistence expenses to persons subpenaed by Congressional

committees

-STATUTE-

No part of any appropriation disbursed by the Secretary of the

Senate shall be available on and after July 12, 1960, for the

payment to any person, at the time of the service upon him of a

subpena requiring his attendance at any inquiry or hearing

conducted by any committee of the Congress or of the Senate or any

subcommittee of any such committee, of any witness fee or any sum

of money as an advance payment of any travel or subsistence expense

which may be incurred by such person in responding to that subpena.

-SOURCE-

(Pub. L. 86-628, July 12, 1960, 74 Stat. 449.)

-CITE-

2 USC Sec. 195b 01/06/03

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TITLE 2 - THE CONGRESS

CHAPTER 6 - CONGRESSIONAL AND COMMITTEE PROCEDURE; INVESTIGATIONS

-HEAD-

Sec. 195b. Fees for witnesses requested to appear before Majority

Policy Committee or Minority Policy Committee

-STATUTE-

Any witness requested to appear before the Majority Policy

Committee or the Minority Policy Committee shall be entitled to a

witness fee for each full day spent in traveling to and from the

place at which he is to appear, and reimbursement of actual and

necessary transportation expenses incurred in traveling to and from

that place, at rates not to exceed those rates paid witnesses

appearing before committees of the Senate.

-SOURCE-

(Pub. L. 93-371, Sec. 7, Aug. 13, 1974, 88 Stat. 431.)

-CITE-

2 USC Sec. 196 01/06/03

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TITLE 2 - THE CONGRESS

CHAPTER 6 - CONGRESSIONAL AND COMMITTEE PROCEDURE; INVESTIGATIONS

-HEAD-

Sec. 196. Senate resolutions for investigations; limit of cost

-STATUTE-

Senate resolutions providing for inquiries and investigations

shall contain a limit of cost of such investigation, which limit

shall not be exceeded except by vote of the Senate authorizing

additional amounts.

-SOURCE-

(Mar. 3, 1926, ch. 44, Sec. 1, 44 Stat. 162.)

-CITE-

2 USC Sec. 197 01/06/03

-EXPCITE-

TITLE 2 - THE CONGRESS

CHAPTER 6 - CONGRESSIONAL AND COMMITTEE PROCEDURE; INVESTIGATIONS

-HEAD-

Sec. 197. Compensation of employees

-STATUTE-

The rate of compensation for any position under the

appropriations now available for, or hereafter made for, expenses

of inquiries and investigations of the Senate or expenses of

special and select committees of the House of Representatives shall

not exceed the rates fixed under chapter 51 and subchapter III of

chapter 53 of title 5, for positions with comparable duties; and

the salary limitations of $3,600 attached to appropriations

heretofore made for expenses of inquiries and investigations of the

Senate or for expenses of special and select committees of the

House of Representatives are repealed.

-SOURCE-

(Feb. 9, 1937, ch. 9, title I, Sec. 1, 50 Stat. 9; Oct. 28, 1949,

ch. 782, title XI, Sec. 1106(a), 63 Stat. 972.)

-COD-

CODIFICATION

''Chapter 51 and subchapter III of chapter 53 of title 5''

substituted in text for ''the Classification Act of 1949'' on

authority of section 7(b) of Pub. L. 89-554, Sept. 6, 1966, 80

Stat. 631, section 1 of which enacted Title 5, Government

Organization and Employees.

-MISC3-

AMENDMENTS

1949 - Act Oct. 28, 1949, substituted ''Classification Act of

1949'' for ''Classification Act of 1923''.

REPEALS

Act Oct. 28, 1949, ch. 782, cited as a credit to this section,

was repealed (subject to a savings clause) by Pub. L. 89-554, Sept.

6, 1966, Sec. 8, 80 Stat. 632, 655.

-CITE-

2 USC Sec. 198 01/06/03

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TITLE 2 - THE CONGRESS

CHAPTER 6 - CONGRESSIONAL AND COMMITTEE PROCEDURE; INVESTIGATIONS

-HEAD-

Sec. 198. Adjournment

-STATUTE-

(a) Unless otherwise provided by the Congress, the two Houses

shall -

(1) adjourn sine die not later than July 31 of each year; or

(2) in the case of an odd-numbered year, provide, not later

than July 31 of such year, by concurrent resolution adopted in

each House by roll-call vote, for the adjournment of the two

Houses from that Friday in August which occurs at least thirty

days before the first Monday in September (Labor Day) of such

year to the second day after Labor Day.

(b) This section shall not be applicable in any year if on July

31 of such year a state of war exists pursuant to a declaration of

war by the Congress.

-SOURCE-

(Aug. 2, 1946, ch. 753, title I, Sec. 132, 60 Stat. 831; Pub. L.

91-510, title IV, Sec. 461(b), Oct. 26, 1970, 84 Stat. 1193.)

-MISC1-

AMENDMENTS

1970 - Pub. L. 95-110, in amending section generally,

incorporated existing subject matter in subsec. (a)(1), substituted

therein an adjournment date not later than July 31 of each year for

prior provision for a date not later than last day (Sundays

excepted) in month of July in each year, added subsec. (a)(2),

added subsec. (b) which incorporated former exception to

adjournment in time of war, and deleted another exception to

adjournment during national emergency proclaimed by the President.

EFFECTIVE DATE OF 1970 AMENDMENT

Amendment by Pub. L. 91-510 effective immediately prior to noon

on Jan. 3, 1971, see section 601(1) of Pub. L. 91-510, set out as a

note under section 72a of this title.

EFFECTIVE DATE

Section effective Jan. 2, 1947, see section 142 of act Aug. 2,

1946.

-CITE-

2 USC Sec. 199 01/06/03

-EXPCITE-

TITLE 2 - THE CONGRESS

CHAPTER 6 - CONGRESSIONAL AND COMMITTEE PROCEDURE; INVESTIGATIONS

-HEAD-

Sec. 199. Member of commission, board, etc., appointed by President

pro tempore of Senate; recommendation process; applicability

-STATUTE-

(a) Any provision of law which provides that any member of a

commission, board, committee, advisory group, or similar body is to

be appointed by the President pro tempore of the Senate shall be

construed to require that the appointment be made -

(1) upon recommendation of the Majority Leader of the Senate,

if such provision of law specifies that the appointment is to be

made on the basis of the appointee's affiliation with the

majority political party,

(2) upon the recommendation of the Minority Leader of the

Senate, if such provision of law specifies that the appointment

is to be made on the basis of the appointee's affiliation with

the minority party, and

(3) upon the joint recommendation of the Majority Leader of the

Senate and the Minority Leader of the Senate, if such provision

of law does not specify that the appointment is to be made on the

appointee's affiliation with the majority or minority political

party.

(b) The provisions of subsection (a) of this section shall be

applicable in the case of appointments made after December 22,

1980, pursuant to provisions of law enacted on, before, and after,

December 22, 1980.

-SOURCE-

(Pub. L. 96-576, Sec. 3, Dec. 22, 1980, 94 Stat. 3355.)

-CITE-