U.S. Code Title 2: The Congress
Chapter 6: Congressional and Committee Procedure; Investigations
- CHAPTER 6—CONGRESSIONAL AND COMMITTEE PROCEDURE; INVESTIGATIONS
- 2 USC § 190d. Legislative review by standing committees of the Senate and the House of Representatives
- 2 USC § 190f. General appropriation bills
- 2 USC § 190m. Subpoena for taking testimony; compensation of officers and witnesses; return of depositions
- 2 USC § 191. Oaths to witnesses
- 2 USC § 192. Refusal of witness to testify or produce papers
- 2 USC § 193. Privilege of witnesses
- 2 USC § 194. Certification of failure to testify or produce; grand jury action
- 2 USC § 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
- 2 USC § 195. Fees of witnesses in District of Columbia
- 2 USC § 195a. Restriction on payment of witness fees or travel and subsistence expenses to persons subpenaed by Congressional committees
- 2 USC § 195b. Fees for witnesses requested to appear before Majority Policy Committee or Minority Policy Committee
- 2 USC § 196. Senate resolutions for investigations; limit of cost
- 2 USC § 197. Compensation of employees
- 2 USC § 198. Adjournment
- 2 USC § 199. Member of commission, board, etc., appointed by President pro tempore of Senate; recommendation process; applicability
- 2 USC § 190d. Legislative review by standing committees of the Senate and the House of Representatives
2 USC § 190d. Legislative review by standing committees of the Senate and the House of Representatives
(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.
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.
(Aug. 2, 1946, ch. 753, title I, §136, 60 Stat. 832; Pub. L. 91–510, title I, §118(a)(1), Oct. 26, 1970, 84 Stat. 1156; Pub. L. 92–136, §1, Oct. 11, 1971, 85 Stat. 376; Pub. L. 93–344, title VII, §701, title IX, §903(b), July 12, 1974, 88 Stat. 325, 331; Pub. L. 104–186, title II, §206(1), Aug. 20, 1996, 110 Stat. 1742.)
(a) Repealed. Pub. L. 91–510, title I, §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.
(Aug. 2, 1946, ch. 753, title I, §139(a), (b), (c), 60 Stat. 833; Pub. L. 91–510, title I, §108(d), Oct. 26, 1970, 84 Stat. 1149.)
2 USC § 190m. Subpoena for taking testimony; compensation of officers and witnesses; return of depositions
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.
(Feb. 3, 1879, ch. 40, §2, 20 Stat. 279; Mar. 3, 1911, ch. 231, §291, 36 Stat. 1167; June 25, 1948, ch. 646, §1, 62 Stat. 909; Pub. L. 104–186, title II, §206(2), Aug. 20, 1996, 110 Stat. 1742.)
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.
(R.S. §101; June 26, 1884, ch. 123, 23 Stat. 60; June 22, 1938, ch. 594, 52 Stat. 942, 943.)
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.
(R.S. §102; June 22, 1938, ch. 594, 52 Stat. 942.)
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.
(R.S. §103; June 22, 1938, ch. 594, 52 Stat. 942.)
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. §104; July 13, 1936, ch. 884, 49 Stat. 2041; June 22, 1938, ch. 594, 52 Stat. 942.)
2 USC § 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
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.
(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.)
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.
(May 1, 1876, ch. 88, 19 Stat. 41.)
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.”
2 USC § 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 incurred by such person in responding to that subpena.
(Pub. L. 86–628, July 12, 1960, 74 Stat. 449.)
2 USC § 195b. Fees for witnesses requested to appear before Majority Policy Committee or Minority Policy Committee
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.
(Pub. L. 93–371, §7, Aug. 13, 1974, 88 Stat. 431.)
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.
(Mar. 3, 1926, ch. 44, §1, 44 Stat. 162.)
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.
(Feb. 9, 1937, ch. 9, title I, §1, 50 Stat. 9; Oct. 28, 1949, ch. 782, title XI, §1106(a), 63 Stat. 972.)
(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.
(Aug. 2, 1946, ch. 753, title I, §132, 60 Stat. 831; Pub. L. 91–510, title IV, §461(b), Oct. 26, 1970, 84 Stat. 1193.)
2 USC § 199. Member of commission, board, etc., appointed by President pro tempore of Senate; recommendation process; applicability
(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.
(Pub. L. 96–576, §3, Dec. 22, 1980, 94 Stat. 3355.)