Congress has two distinct contempt powers to enforce its investigative authority. Statutory contempt (2 U.S.C. ยง 192) was created in 1857 and makes it a federal misdemeanor to willfully refuse to appear or produce documents in response to a congressional subpoena. A conviction carries up to one year in prison and a $100,000 fine per count. Statutory contempt requires a criminal referral to the Department of Justice, which means the executive branch โ controlled by the president โ decides whether to prosecute. Inherent contempt is older and does not require DOJ cooperation: Congress can use its own sergeant-at-arms to detain, try, and fine a witness directly. Inherent contempt has not been used since 1934. The choice between these two mechanisms determines whether congressional oversight can operate independently of presidential control.