§ 194. — Certification of failure to testify or produce; grand jury action.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 2USC194]
TITLE 2--THE CONGRESS
CHAPTER 6--CONGRESSIONAL AND COMMITTEE PROCEDURE; INVESTIGATIONS
Sec. 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 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.
(R.S. Sec. 104; July 13, 1936, ch. 884, 49 Stat. 2041; June 22, 1938,
ch. 594, 52 Stat. 942.)
Codification
R.S. Sec. 104 derived from act Jan. 24, 1857, ch. 19, Sec. 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 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.
Section Referred to in Other Sections
This section is referred to in sections 288d, 288g of this title.
