§ 190m. — Subpoena for taking testimony; compensation of officers and witnesses; return of depositions.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 2USC190m]
TITLE 2--THE CONGRESS
CHAPTER 6--CONGRESSIONAL AND COMMITTEE PROCEDURE; INVESTIGATIONS
Sec. 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, Sec. 2, 20 Stat. 279; Mar. 3, 1911, ch. 231,
Sec. 291, 36 Stat. 1167; June 25, 1948, ch. 646, Sec. 1, 62 Stat. 909;
Pub. L. 104-186, title II, Sec. 206(2), Aug. 20, 1996, 110 Stat. 1742.)
Codification
Upon its incorporation into the Code, references in this section to
the circuit courts were omitted or changed to refer to the district
courts to conform to act Mar. 3, 1911, which abolished the circuit
courts.
Section was formerly classified to section 230 of Title 31 prior to
the general revision and enactment of Title 31, Money and Finance, by
Pub. L. 97-258, Sec. 1, Sept. 13, 1982, 96 Stat. 877.
Amendments
1996--Pub. L. 104-186 substituted ``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.'' for ``contingent fund of the branch of Congress
appointing such committee.''
Change of Name
Act June 25, 1948, eff. Sept. 1, 1948, substituted ``United States
attorney'' for ``district attorney of the United States''. See section
541 of Title 28, Judiciary and Judicial Procedure, and Historical and
Revision Notes thereunder.
