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2 U.S.C. § 194 — Certification of failure to testify or produce; grand jury action

Federal law — U.S. Code and appendices · legal_authorities

2 U.S.C. § 194 — Certification of failure to testify or produce; grand jury action

Whenever a witness summoned as mentioned in [section 192 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title2-section192&num=0&edition=prelim) 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.

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Source file: Laws/federal/codes/united-states-code/title-2/section-194-certification-of-failure-to-testify-or-produce-grand-jury-action--744ba5cdcd.md
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Source location: Title 2, Chapter 6, § 194; chapter-006-congressional-and-committee-procedure-investigations.md

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Federal law — U.S. Code and appendices · legal_authorities

2 U.S.C. § 192 — Refusal of witness to testify or produce papers

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.

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Federal law — U.S. Code and appendices · legal_authorities

2 U.S.C. § 288d — Enforcement of Senate subpena or order

**(a) Institution of civil actions** When directed to do so pursuant to [section 288b(b) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title2-section288b/b&num=0&edition=prelim), the Counsel shall bring a civil action under any statute conferring jurisdiction on any court of the United States (including [section 1365 of title 28](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title28-section1365&num=0&edition=prelim)), to enforce, to secure a declaratory judgment concerning the validity of, or to prevent a threatened failure or refusal to comply with, any subpena or order issued by the Senate or a committee or a subcommittee of the Senate authorized to issue a subpena or order. **(b) Actions in name of committees and subcommittees** Any directive to the Counsel to bring a civil action pursuant to subsection (a) in the name of a committee or subcommittee of the Senate shall, for such committee or subcommittee, constitute authorization to bring such action within the meaning of any statute conferring jurisdiction on any court of the United States. **(c) Consideration of resolutions authorizing actions** It shall not be in order in the Senate to consider a resolution to direct the Counsel to bring a civil action pursuant to subsection (a) in the name of a committee or subcommittee unless— (1) such resolution is reported by a majority of the members voting, a majority being present, of such committee or committee of which such subcommittee is a subcommittee, and (2) the report filed by such committee or committee of which such subcommittee is a subcommittee contains a statement of— (A) the procedure followed in issuing such subpena; (B) the extent to which the party subpenaed has complied with such subpena; (C) any o

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Federal law — U.S. Code and appendices · legal_authorities

2 U.S.C. § 288g — Advisory and other functions

**(a) Cooperation with persons, committees, subcommittees, and offices** The Counsel shall advise, consult, and cooperate with— (1) the United States Attorney for the District of Columbia with respect to any criminal proceeding for contempt of Congress certified by the President pro tempore of the Senate pursuant to [section 194 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title2-section194&num=0&edition=prelim); (2) the committee of the Senate with the responsibility to identify any court proceeding or action which is of vital interest to the Senate; (3) the Comptroller General, the Government Accountability Office, the Office of Legislative Counsel of the Senate, and the Congressional Research Service, except that none of the responsibilities and authority assigned by this chapter to the Counsel shall be construed to affect or infringe upon any functions, powers, or duties of the aforementioned; (4) any Member, officer, or employee of the Senate not represented under [section 288c of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title2-section288c&num=0&edition=prelim) with regard to obtaining private legal counsel for such Member, officer, or employee; (5) the President pro tempore of the Senate, the Secretary of 11 So in original. Probably should be “of the”. Senate, the Sergeant-at-Arms of the Senate, and the Parliamentarian of the Senate, regarding any subpena, order, or request for withdrawal of papers presented to the Senate which raises a question of the privileges of the Senate; and (6) any committee or subcommittee of the Senate in promulgating and revising their rules and procedures for the use of congressional investigative powers and with respect to questions which may arise in the course of a

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Federal law — U.S. Code and appendices · legal_authorities

2 U.S.C. § 194 — Untitled legal text

Page 111 TITLE 2—THE CONGRESS § 194a (R.S. § 101; June 26, 1884, ch. 123, 23 Stat. 60; June 22, 1938, ch. 594, 52 Stat. 942, 943.) Editorial Notes CODIFICATION R.S. § 101 derived from acts May 3, 1798, ch. 36, § 1, 1 Stat. 554, and Feb. 8, 1817, ch. 10, 3 Stat. 345. R.S. § 101 constitutes first sentence, and act June 26, 1884, constitutes second sentence. AMENDMENTS 1938—Act June 22, 1938, reenacted section without change. § 192. Refusal of witness to testify or produce pa- pers Every person who having been summoned as a witness by the authority of either House of Con- gress 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, hav- ing 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. (R.S. § 102; June 22, 1938, ch. 594, 52 Stat. 942.) Editorial Notes CODIFICATION R.S. § 102 derived from act Jan. 24, 1857, ch. 19, § 1, 11 Stat. 155. AMENDMENTS 1938—Act June 22, 1938, reenacted section without change. § 193. Privilege of witnesses 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 ei- ther House, upon the ground that his testimony to such fact or his production of such pap

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