2 U.S.C. § 194a — Request by Congressional committees to

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 paper may tend to disgrace him or otherwise render him in- famous. (R.S. § 103; June 22, 1938, ch. 594, 52 Stat. 942.) Editorial Notes CODIFICATION R.S. § 103 derived from act Jan. 24, 1862, ch. 11, 12 Stat. 333. AMENDMENTS 1938—Act June 22, 1938, reenacted section without change. § 194. Certification of failure to testify or produce; grand jury action Whenever a witness summoned as mentioned in section 192 of this title fails to appear to tes- tify or fails to produce any books, papers, rec- ords, 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 es- tablished 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 re- ported to either House while Congress is in ses- sion or when Congress is not in session, a state- ment of fact constituting such failure is re- ported 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. (R.S. § 104; July 13, 1936, ch. 884, 49 Stat. 2041; June 22, 1938, ch. 594, 52 Stat. 942.) Editorial Notes CODIFICATION R.S. § 104 derived from act Jan. 24, 1857, ch. 19, § 3, 11 Stat. 156. AMENDMENTS 1938—Act June 22, 1938, substituted ‘‘section 102’’ for ‘‘section 102 of the Revised Statutes’’ and inserted ‘‘or any joint committee established by a joint or concur- rent 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 re- ported to and filed with the President of the Senate or the Speaker of the House, and directed that said Presi- dent 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. § 194a. Request by Congressional committees to officers or employees of Federal depart- ments, agencies, etc., concerned with foreign countries or multilateral organizations for expression of views and opinions Upon the request of a committee of either House of Congress, a joint committee of Con- gress, or a member of such committee, any offi- cer or employee of the Department of State, the Agency for International Development, or any other department, agency, or independent estab- lishment of the United States Government pri- marily concerned with matters relating to for- eign 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. (Pub. L. 92–352, title V, § 502, July 13, 1972, 86 Stat. 496; Pub. L. 93–126, § 17, Oct. 18, 1973, 87 Stat. 455; Pub. L. 105–277, div. G, subdiv. A, title XII, § 1225(g), title XIII, § 1335(n), Oct. 21, 1998, 112 Stat. 2681–775, 2681–789.) Page 112 TITLE 2—THE CONGRESS § 194b Editorial Notes AMENDMENTS 1998—Pub. L. 105–277, § 1335(n), struck out ‘‘the United States Information Agency,’’ after ‘‘Department of State,’’. Pub. L. 105–277, § 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’’. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 1998 AMENDMENT Amendment by section 1225(g) of Pub. L. 105–277 effec- tive 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 effec- tive 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. § 194b. Omitted Editorial Notes CODIFICATION Section, Pub. L. 100–418, title V, § 5421, Aug. 23, 1988, 102 Stat. 1468, which directed President or head of ap- propriate department or agency to include in every rec- ommendation 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 inter- national trade and public interest and ability of United States firms engaged in the manufacture, sale, dis- tribution, 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. § 195. Fees of witnesses in District of Columbia 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 com- mittee of the House of Representatives, shall not be allowed exceeding $2 for each day’s at- tendance before said committee. (May 1, 1876, ch. 88, 19 Stat. 41.) Statutory Notes and Related Subsidiaries HOUSE RULE ON PAY OF WITNESSES Rule XI, clause 5, Rules of the House of Representa- tives, 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 Mem- bers, Delegates, the Resident Commissioner, and em- ployees 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.’’ § 195a. Restriction on payment of witness fees or travel and subsistence expenses to persons subpenaed by Congressional committees 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 in- curred by such person in responding to that sub- pena. (Pub. L. 86–628, July 12, 1960, 74 Stat. 449.) § 195b. Fees for witnesses requested to appear before Majority Policy Committee or Minor- ity Policy Committee Any witness requested to appear before the Majority Policy Committee or the Minority Pol- icy 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 reim- bursement of actual and necessary transpor- tation expenses incurred in traveling to and from that place, at rates not to exceed those rates paid witnesses appearing before commit- tees of the Senate. (Pub. L. 93–371, § 7, Aug. 13, 1974, 88 Stat. 431.) § 196. Senate resolutions for investigations; limit of cost Senate resolutions providing for inquiries and investigations shall contain a limit of cost of such investigation, which limit shall not be ex- ceeded except by vote of the Senate authorizing additional amounts. (Mar. 3, 1926, ch. 44, § 1, 44 Stat. 162.) § 197. Compensation of employees The rate of compensation for any position under the appropriations now available for, or hereafter made for, expenses of inquiries and in- vestigations of the Senate or expenses of special and select committees of the House of Rep- resentatives 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. (Feb. 9, 1937, ch. 9, title I, § 1, 50 Stat. 9; Oct. 28, 1949, ch. 782, title XI, § 1106(a), 63 Stat. 972.) Editorial Notes 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. AMENDMENTS 1949—Act Oct. 28, 1949, substituted ‘‘Classification Act of 1949’’ for ‘‘Classification Act of 1923’’. Statutory Notes and Related Subsidiaries REPEALS Act Oct. 28, 1949, ch. 782, cited as a credit to this sec- tion, was repealed (subject to a savings clause) by Pub. L. 89–554, Sept. 6, 1966, § 8, 80 Stat. 632, 655.