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Title 2 — The Congress

Chapter 6 — Congressional and Committee Procedure; Investigations

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

Statutory text

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.

Legislative history

Reconstructed from this section’s Code source credit and amendment notes, resolved against the local Statutes at Large. Editorial notes are evidence, not the law that made the change.

  1. R.S. § 104

    Enacted · 2 U.S.C. § 194

    R.S. § 104

    Unresolved: No Public Law or Statutes at Large citation in the Code source.

    Source evidence

    Code source credit
    R.S. § 104

0 of 1 references resolved to an enrolled provision · 1 unresolved

Editorial Notes

Codification

R.S. § 104 derived from act Jan. 24, 1857, ch. 19, § 3, 11 Stat. 156.

Amendments1936–1938 · 2 rounds

1938

Act , 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 , 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.

Credits

1936–1938 · 3 acts
  1. R.S. § 104
  2. 1936July 13, 1936, ch. 884, 49 Stat. 2041
  3. 1938June 22, 1938, ch. 594, 52 Stat. 942.
Show as published

(R.S. § 104; July 13, 1936, ch. 884, 49 Stat. 2041; June 22, 1938, ch. 594, 52 Stat. 942.)

Parsed from the official OLRC USLM XML in data/usc_all/usc02.xml · release point 119-108 · OLRC build 2026-04-17

USLM identifier /us/usc/t2/s194