992, effective Sept. 1, 1948, and is now covered by sections 1291, 1346, 1402 (b), 1504, 2110, 2401 (b), 2402, 2411 (b), 2412 and 2671 et seq., of Title 28, Judiciary and Judicial Procedure. EFFECTIVE DATE Section as taking effect on January 2, 1947, see note under section 190 of this title. § 191. Oaths to witnesses. 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.) DERIVATION Acts May 3, 1798, ch. 36, § 1, 1 Stat. 554, and Feb. 8, 1817, ch. 10, 3 Stat. 345. CODIFICATION R. S. 101 constitutes first sentence, and act June 26, 1884, constitutes second sentence. § 192. Refusal of witness to testify or produce papers. 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. § 102; June 22, 1938, ch. 594, 52 Stat. 942.) DERIVATION (R. S. Act Jan. 24, 1857, ch. 19, § 1, 11 Stat. 155. SUBPOENA RIGHTS OF HOUSE COMMITTEE ON UN-AMERICAN ACTIVITIES The Chairman of the Committee on Un-American Activities of the House of Representatives is empowered to sign subpoenas issued by the committee to require attendance at any hearing by the provisions of section 121 (q) of the Legislative Reorganization Act of 1946, act Aug. 2, 1946, ch. 753, title I, part 2, § 121 (q), 60 Stat. 828. CROSS REFERENCES Joint Committee on Immigration and Nationality Policy, applicability of section, see section 1106 (g) of Title 8, Aliens and Nationality. Study of postal rates, charges, and expenditures by Joint Committee on Postal Service, applicability of this section, see section 794g (c) (1) of Title 39, The Postal Service. § 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 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.) DERIVATION Act Jan. 24, 1862, ch. 11, 12 Stat. 333. Study of postal rates, charges, and expenditures by Joint Committee on Postal Service, applicability of this section, see section 794g (c) (1) of Title 39, The Postal Service. § 194. Certification of failure to testify; 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. § 104; July 13, 1936, ch. 884, 49 Stat. 2041; June 22, 1938, ch. 594, 52 Stat. 942.) DERIVATION Act Jan. 24, 1857, ch. 19, § 3, 11 Stat. 156. CROSS REFERENCES Joint Committee on Immigration and Nationality Policy, applicability of section, see section 1106 (g) of Title 8, Aliens and Nationality. Study of postal rates, charges, and expenditures by Joint Committee on Postal Service, applicability of this section, see section 794g (c) (1) of Title 39, The Postal Service. § 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 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 XXXV, Rules of the House of Representatives, provides that: "The rule for paying witnesses subpenaed to appear before the House or either of its committees shall be as follows: For each day a witness shall attend, the sum of nine dollars; for each mile he shall travel in coming to or going from the place of examination, the sum of seven cents each way; but nothing shall be paid for traveling when the witness has been summoned at the place of trial." § 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 exceeded 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 investigations of the Senate or expenses of special and select committees of the House of Representatives shall not exceed the rates fixed under the Classification Act of 1949, 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.) the result of such election shall have been determined by the officer or board of canvassers authorized by law to determine the same, give notice, in writing, to the Member whose seat he designs to contest, of his intention to contest the same, and. in such notice, shall specify particularly the grounds upon which he relies in the contest. (R. S. § 105.) DERIVATION Act Feb. 19, 1851, ch. 11, § 1, 9 Stat. 568. § 202. Time for answer. Any member upon whom the notice mentioned in section 201 of this title may be served shall, within thirty days after the service thereof, answer such notice, admitting or denying the facts alleged therein, and stating specifically any other grounds upon which he rests the validity of his election; and shall serve a copy of his answer upon the contestant. (R. S. § 106.) DERIVATION Act Feb. 19, 1851, ch. 11, § 2, 9 Stat. 568. § 203. Time for taking testimony. In all contested-election cases the time allowed for taking testimony shall be ninety days, and the testimony shall be taken in the following order: The contestant shall take testimony during the first forty days, the returned Member during the succeeding forty days, and the contestant may take testimony in rebuttal only during the remaining ten days of said period. This section shall be construed as requiring all testimony in cases of contested election to be taken within ninety days from the day on which the answer of the returned Member is served upon the contestant. (R. S. 107; Mar. 2, 1875, ch. 119. § 2, 18 Stat. 338.) DERIVATION R. S. § 107 from act Jan. 10, 1873, ch. 24, § 1, 17 Stat. 408 CODIFICATION Section except last sentence was from R. S. § 107; last sentence was from act Mar. 2, 1875. § 204. Notice of depositions; service. The party desiring to take a deposition under the provisions of this chapter shall give the opposite party notice, in writing, of the time and place, when and where the same will be taken, of the name of the witnesses to be examined and their places of residence, and of the name of an officer before whom the same will be taken. The notice shall be personally served upon the opposite party, or upon any agent or attorney authorized by him to take testimony or cross-examine witnesses in the matter of such contest, if, by the use of reasonable diligence, such personal service can be made; but if, by the use of such diligence, personal service cannot be made, the service may be made by leaving a duplicate of the notice at the usual place of abode of the opposite party. The notice shall be served so as to allow the opposite party sufficient time by the usual route of travel to attend, and one day for preparation, exclusive of Sundays and the day of service. Testimony in rebuttal may be taken on five days' notice. (R. S. § 108.) DERIVATION Acts Jan. 10, 1873, ch. 24, §§ 1, 3, 17 Stat. 408; Feb. 19, 1851, ch. 11, § 6, 9 Stat. 569. § 205. Testimony taken at several places at same time. Testimony in contested-election cases may be taken at two or more places at the same time. (R. S. § 109.) DERIVATION Act Jan. 10, 1873, ch. 24, § 1, 17 Stat. 408. § 206. Who may issue subpœnas. When any contestant or returned Member is desirous of obtaining testimony respecting a contested election, he may apply for a subpoena to either of the following officers who may reside within the congressional district in which the election to be contested was held: First. Any judge of any court of the United States. Second. Any chancellor, judge, or justice of a court of record of any State. Third. Any mayor, recorder, or intendent of any town or city. Fourth. Any notary public. (R. S. § 110; June 7, 1878, ch. 160, 20 Stat. 99.) DERIVATION Acts Feb. 19, 1851, ch. 11, § 3, 9 Stat. 568, and Jan. 23. 1869, ch. 15, 15 Stat. 267. ABOLITION OF OFFICES Act June 7, 1878, abolished registers in bankruptcy who were originally authorized to issue subpoenas under this section. § 207. Contents of subpœna. The officer to whom the application authorized by section 206 of this title is made shall thereupon issue his writ of subpoena, directed to all such witnesses as shall be named to him, requiring their attendance before him, at some time and place named in the subpoena, in order to be examined respecting the contested election. (R. S. § 111.) DERIVATION Act Feb. 19, 1851, ch. 11, § 3, 9 Stat. 568. § 208. When justices of the peace may act. In case none of the officers mentioned in section 206 of this title are residing in the congressional district from which the election is proposed to be contested, the application thereby authorized may be made to any two justices of the peace residing within the district; and they may receive such application, and jointly proceed upon it. (R. S. § 112.) DERIVATION Act Feb. 19, 1851, ch. 11, § 10, 9 Stat. 570. § 209. Depositions by consent. It shall be competent for the parties, their agents or attorneys authorized to act in the premises, by consent in writing, to take depositions without notice; also, by such written consent, to take depositions (whether upon or without notice) before any officer or officers authorized to take depositions in common law, or civil actions, or in chancery, by either the laws of the United States or of the State in which the same may be taken, and to waive proof of the official character of such officer or officers. Any written consent given as aforesaid shall be returned with the depositions. (R. S. § 113.) DERIVATION Acɩ Jan. 10, 1873, ch. 24, § 3, 17 Stat. 408. § 210. Service of subpœna. Each witness shall be duly served with a subpœna, by a copy thereof delivered to him or left at his usual place of abode, at least five days before the day on which the attendance of the witness is required. (R. S. § 114.) DERIVATION Act Feb. 19, 1851, ch. 11, § 4, 9 Stat. 569. § 211. Witnesses need not attend out of county. No witness shall be required to attend an examination out of the county in which he may reside or be served with a subpœna. (R. S. § 115.) DERIVATION Act Feb. 19, 1851, ch. 11, § 4, 9 Stat. 569. § 212. Penalty for failure to attend or testify. Any person who, having been summoned in the manner above directed, refuses or neglects to attend and testify, unless prevented by sickness or unavoidable necessity, shall forfeit the sum of $20, to be recovered, with costs of suit, by the party at whose instance the subpœna was issued, and for his use, by an action of debt, to any court of the United States, and shall also be liable to an indictment for a misdemeanor, and punishment by fine and imprisonment. (R. S. § 116.) DERIVATION Act Feb. 19, 1851, ch. 11. § 5, 9 Stat. 569. § 213. Witnesses outside of district. Depositions of witnesses residing outside of the district and beyond the reach of a subpœna may be taken before any officer authorized by law to take testimony in contested-election cases in the district in which the witness to be examined may reside. (R. S. § 117.) DERIVATION Act Jan. 10, 1873, ch. 24, § 2, 17 Stat. 408. § 214. Party notified may select officer. The party notified as aforesaid, his agent or attorney, may, if he see fit, select an officer (having authority to take depositions in such cases) to officiate, with the officer named in the notice, in the taking of the depositions; and if both such officers attend, the depositions shall be taken before them both, sitting together, and be certified by them both. But if only one of such officers attend, the depositions may be taken before and certified by him alone. (R. S. § 118.) DERIVATION Act Jan. 10, 1873, ch. 24, § 3, 17 Stat. 408. § 215. Depositions taken by party or agent. At the taking of any deposition under this chapter, either party may appear and act in person, or by agent or attorney. (R. S. § 119.) DERIVATION Act Jan. 10, 1873, ch. 24, § 3, 17 Stat. 408. § 216. Examination of witnesses. All witnesses who attend in obedience to a subpoena, or who attend voluntarily at the time and place appointed, of whose examination notice has been given, as provided by this chapter, shall then and there be examined on oath by the officer who issued the subpoena, or, in case of his absence, by any other § 219. Production of papers. The officer shall have power to require the production of papers; and on the refusal or neglect of any person to produce and deliver up any paper or papers in his possession pertaining to the election, or to produce and deliver up certified or sworn copies of the same in case they may be official papers, such person shall be liable to all the penalties prescribed in section 212 of this title. All papers thus produced, and all certified or sworn copies of official papers, shall be transmitted by the officer, with the testimony of the witnesses, to the Clerk of the House of Representatives. (R. S. § 123.) DERIVATION Act Feb. 19, 1851, ch. 11. § 8, 9 Stat. 569. § 220. Adjournments. The taking of the testimony may, if so stated in the notice, be adjourned from day to day. (R. S § 124.) DERIVATION Act Jan. 10, 1873, ch. 24. § 3, 17 Stat. 408. § 221. Notice attached to depositiors. The notice to take depositions, with the proof or acknowledgment of the service thereof, and a copy of the subpoena, where any has been served, shall be attached to the depositions when completed. (R. S. § 125.) DERIVATION Acts Feb. 19, 1851, ch. 11, § 7, 9 Stat. 569, and Jan. 10, 1873, ch. 24, § 3, 17 Stat. 408. § 222. Copy of notice and answer to accompany testimony. A copy of the notice of contest, and of the answer of the returned Member, shall be prefixed to the depositions taken, and transmitted with them to the Clerk of the House of Representatives. (R. S. $126.) DERIVATION Act Feb. 19, 1851, ch. 11, § 9, 9 Stat. 569. § 223. Testimony sent to Clerk of House of Representatives; printing testimony; briefs. All officers taking testimony to be used in a contested-election case, whether by deposition or otherwise, shall, when the taking of the same is completed, and without unnecessary delay, certify and carefully seal and immediately forward the same, by mail or by express, addressed to the Clerk of the House of Representatives of the United States, Washington, District of Columbia; and shall also indorse upon the envelope containing such deposition or testimony the name of the case in which it is taken, together with the name of the party in whose behalf it is taken, and shall subscribe such indorsement. The Clerk of the House of Representatives, upon the receipt of such deposition or testimony, shall notify the contestant and the contestee, by registered letter through the mails, to appear before him at the Capitol, in person or by attorney, at a reasonable time to be named, not exceeding twenty days from the mailing of such letter, for the purpose of being present at the opening of the sealed packages of testimony and of agreeing upon the parts thereof to be printed. Upon the day appointed for such meeting the said Clerk shall proceed to open all the packages of testimony in the case, in the presence of the parties or their attorneys, and such portions of the testimony as the parties may agree to have printed shall be printed by the Public Printer, under the direction of the said Clerk; and in case of disagreement between the parties as to the printing of any portion of the testimony, the said Clerk shall determine whether such portion of the testimony shall be printed; and the said Clerk shall prepare a suitable index to be printed with the record. And the notice of contest and the answer of the sitting Member shall also be printed with the record. If either party, after having been duly notified, should fail to attend, by himself or by an attorney, the Clerk shall proceed to open the packages, and shall cause such portions of the testimony to be printed, as he shall determine. He shall carefully seal up and preserve the portions of the testimony not printed, as well as the other portions when returned from the Public Printer, and lay the same before the Committee on House Administration at the earliest opportunity. As soon as the testimony in any case is printed the Clerk shall forward by mail, if desired, two copies thereof to the contestant and the same number to the contestee; and shall notify the contestant to file with the Clerk, within thirty days, a brief of the facts and the authorities relied on to establish his case. The Clerk shall forward by mail two copies of the contestant's brief to the contestee, with like notice. Upon receipt of the contestee's brief the Clerk shall forward two copies thereof to the contestant, who may, if he desires, reply to new matter in the contestee's brief within like time. All briefs shall be printed at the expense of the parties respectively, and shall be of like folio as the printed record; and sixty copies thereof shall be filed with the Clerk for the use of the Committee on House Administration. (R. S. § 127; Mar. 2, 1875, ch. 119, § 1, 18 Stat. 338; Mar. 2, 1887, ch. 318, 24 Stat. 445; Aug. 2, 1946, ch. 753, § 121, 60 Stat. 822.) DERIVATION Act Jan. 10, 1873, ch. 24, § 4, 17 Stat. 409. AMENDMENTS 1946-Act Aug. 2, 1946, amended section, substituting "Committee on House Administration" for "Committee on Elections". § 224. Fees of witnesses. Every witness attending by virtue of any subpœna herein directed to be issued shall be entitled to receive the sum of 75 cents for each day's attendance, and the further sum of 5 cents for every mile necessarily traveled in going and returning. Such allowance shall be ascertained and certified by the officer taking the examination, and shall be paid by the party at whose instance such witness was summoned. (R. S. § 128.) DERIVATION Act Feb. 19, 1851, ch. 11, 9 Stat. 570. § 225. Fees of officers. Each judge, justice, chancellor, chief executive officer of a town or city, notary public, and justice of the peace, who shall be necessarily employed pursuant to the provisions of this chapter, and all sheriffs, constables, or other officers who may be employed to serve any subpœna or notice herein authorized, shall be entitled to receive from the party at whose instance the service shall have been performed such fees as are allowed for similar services in the State wherein such service may be rendered. (R. S. § 129; June 7, 1878, ch. 160, 20 Stat. 99.) DERIVATION Act Feb. 19, 1851, ch. 11, 9 Stat. 570. ABOLITION OF OFFICES Act June 7, 1878, abolished registers in bankruptcy. They were originally entitled to compensation under this section in the same manner as the officers now enumerated. § 226. Limitation of expenses of contest for seat in House. No contestee or contestant for a seat in the House of Representatives shall be paid exceeding $2,000 for expenses in election contests; and before any sum whatever shall be paid to a contestant or contestee for expenses of election contest, he shall file with the clerk of the Committee on House Administration a full and detailed account of his expenses, accompanied by the vouchers and receipts for each item, which account and vouchers shall be sworn to by the party presenting the same, and no charges for witness fees shall be allowed in said accounts unless made in strict conformity to section 224 of this title. (Mar. 3, 1879, ch. 182, § 1, 20 Stat. 400; Aug. 2, 1946, ch. 753, § 121, 60 Stat. 822.) PRIOR LAW Subject matter was formerly covered in R. S. § 130, which was from act Mar. 3, 1873, ch. 226, § 1, 17 Stat. 490, and which was repealed by act Mar. 3, 1933, ch. 202, § 1, 47 Stat. 1428. AMENDMENTS 1946-Act Aug. 2, 1946, amended section, substituting "Committee on House Administration" for "Committee on Elections". Hatch Political Activity Act to restrain pernicious political activities, see sections 594, 595, 598, 600, 601, 604, 605, 608, 610, and 611 of Title 18, Crimes and Criminal Procedure, and sections 1181, and 118k-118n of Title 5, Executive Departments and Government Officers and Employees. Lobbying, regulation of, see chapter 8A of this title. § 241. Definitions. When used in this chapter and section 208 of Title 18 (a) The term "election" includes a general or special election, but does not include a primary election or convention of a political party; (b) The term "candidate" means an individual whose name is presented at an election for election as Senator or Representative in, or Delegate or Resident Commissioner to, the Congress of the United States, whether or not such individual is elected; (c) The term "political committee" includes any committee, association, or organization which accepts contributions or makes expenditures for the purpose of influencing or attempting to influence the election of candidates or presidential and vice presidential electors (1) in two or more States, or (2) whether or not in more than one State if such committee, association, or organization (other than a duly organized State or local committee of a political party) is a branch or subsidiary of a national committee, association, or organization; (d) The term "contribution" includes a gift, subscription, loan, advance, or deposit, of money, or anything of value, and includes a contract, promise, or agreement, whether or not legally enforceable to make a contribution; (e) The term "expenditure" includes a payment, distribution, loan, advance, deposit, or gift, of money, or any thing of value, and includes a contract, promise, or agreement, whether or not legally enforceable, to make an expenditure; (f) The term "person" includes an individual, partnership, committee, association, corporation, and any other organization or group of persons; (g) The term "Clerk" means the Clerk of the House of Representatives of the United States; (h) The term "Secretary" means the Secretary of the Senate of the United States; |