Legislación
US (United States) Code. Title 2. Chapter 6: Congressional and committee procedure; investigations
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2 USC CHAPTER 6 - CONGRESSIONAL AND COMMITTEE PROCEDURE;
INVESTIGATIONS 01/06/03
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TITLE 2 - THE CONGRESS
CHAPTER 6 - CONGRESSIONAL AND COMMITTEE PROCEDURE; INVESTIGATIONS
.
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CHAPTER 6 - CONGRESSIONAL AND COMMITTEE PROCEDURE; INVESTIGATIONS
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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 Repealed.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 Repealed.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(a) Repealed.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 Repealed.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
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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 Repealed.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
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Sec. 190a to 190a-2. Repealed. S. Res. 274, Sec. 2(a), Nov. 14,
1979
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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
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Sec. 190a-3. Repealed. S. Res. 9, Sec. 2, Nov. 5, 1975
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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
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Sec. 190b, 190c. Repealed. S. Res. 274, Sec. 2(a), Nov. 14, 1979
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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
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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
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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
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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
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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.
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2 USC Sec. 190h 01/06/03
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TITLE 2 - THE CONGRESS
CHAPTER 6 - CONGRESSIONAL AND COMMITTEE PROCEDURE; INVESTIGATIONS
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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.
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2 USC Sec. 190i to 190k 01/06/03
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TITLE 2 - THE CONGRESS
CHAPTER 6 - CONGRESSIONAL AND COMMITTEE PROCEDURE; INVESTIGATIONS
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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.
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2 USC Sec. 190l 01/06/03
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TITLE 2 - THE CONGRESS
CHAPTER 6 - CONGRESSIONAL AND COMMITTEE PROCEDURE; INVESTIGATIONS
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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.
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2 USC Sec. 190m 01/06/03
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TITLE 2 - THE CONGRESS
CHAPTER 6 - CONGRESSIONAL AND COMMITTEE PROCEDURE; INVESTIGATIONS
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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.
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2 USC Sec. 191 01/06/03
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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
-EXPCITE-
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.
-CITE-
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
-EXPCITE-
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
-EXPCITE-
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
-EXPCITE-
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
-EXPCITE-
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
-EXPCITE-
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
-EXPCITE-
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
-EXPCITE-
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
-EXPCITE-
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-
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Enviado por: | El remitente no desea revelar su nombre |
Idioma: | inglés |
País: | Estados Unidos |