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

submitted 90 years ago by Congress to r/title-2-THE-CONGRESS · 194 words · no verdicts yet

in plain englishAI-generated · not legal advice

If a witness summoned by Congress won't testify, produce records, or answer, this gets reported. The President of the Senate or Speaker of the House then certifies the facts. That certification goes to a U.S. attorney, who must bring it to a grand jury.

Suppose a witness summoned under section 192 fails to show up and testify, fails to produce required books, papers, records, or documents, or refuses to answer a question relevant to the matter being investigated — before either House of Congress, a joint committee set up by resolution of both Houses, or any committee or subcommittee of either House. If this failure is reported to either House while Congress is in session — or, when Congress isn't in session, a written statement of the facts is filed with the President of the Senate or the Speaker of the House — then that President of the Senate or Speaker must certify the facts under the Senate's or House's official seal. They send this certification to the appropriate United States attorney, who must then bring the matter before a grand jury for action.
the actual law source: uscode.house.gov ↗public domain

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.

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

history & why it existsrecord from the source credit
  • 1936Enacted · Act of July 13, 1936, ch. 884 · 49 Stat. 2041
  • 1938Amended · Act of June 22, 1938, ch. 594 · 52 Stat. 942

A history note hasn’t been published yet.

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