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2 U.S.C. § 288dEnforcement of Senate subpena or order

submitted 48 years ago by Pub. L. 95-521 to r/title-2-THE-CONGRESS · 500 words · no verdicts yet

in plain englishAI-generated · not legal advice

This section lets the Senate Legal Counsel go to court to enforce a Senate subpoena or order, but only when directed to by a resolution about a specific committee or subcommittee. Before the Senate can pass a resolution directing a lawsuit for a particular committee, that committee must first vote to recommend it and must file a report explaining how the subpoena was issued, whether the other side complied, and why a lawsuit is the best option compared to other tools like a contempt charge. These procedures count as Senate rules, but the Senate can always change its own rules later. Nothing in this section changes who can certify contempt or hold someone in contempt of the Senate.

(a) Bringing a lawsuit. When directed under section 288b(b) of this title, the Counsel must bring a civil lawsuit — using any law that gives a federal court jurisdiction, including section 1365 of title 28 — to enforce, to get a court ruling on the validity of, or to stop a threatened failure to obey, any subpoena or order issued by the Senate or by a Senate committee or subcommittee that is authorized to issue one. (b) Authorization for committees. If the Counsel is directed to bring a lawsuit under subsection (a) in the name of a Senate committee or subcommittee, that direction itself counts as that committee's or subcommittee's authorization to sue, for purposes of any law giving a federal court jurisdiction. (c) Requirements before considering such a resolution. The Senate cannot properly take up a resolution directing the Counsel to sue in the name of a committee or subcommittee under subsection (a) unless: (1) a majority of that committee (or of the full committee that the subcommittee belongs to) votes, with a majority present, to report the resolution; and (2) the committee's report includes a statement covering (A) how the subpoena was issued, (B) how much the subpoenaed party has complied with it, (C) any objections or privileges the subpoenaed party raised, and (D) how a lawsuit under this section compares, in effectiveness, to certifying a criminal contempt-of-Congress charge or starting a contempt proceeding before the Senate itself. (d) These are Senate rules. Subsection (c)'s requirements are adopted as an exercise of the Senate's own rulemaking power and count as part of the Senate's rules, overriding any other Senate rule only to the extent they conflict. The Senate keeps its full constitutional right to change these rules at any time, in the same way it changes any other Senate rule. (e) Committee reports not usable in court. A report filed under subsection (c)(2) cannot be used as evidence in any court of law, as long as it follows that subsection's requirements. (f) Omitted. (g) Contempt is unaffected. Nothing in this section limits the President pro tempore of the Senate's power to certify a failure to testify to the U.S. Attorney for the District of Columbia under section 194 of this title, or the Senate's power to hold any person or entity in contempt of the Senate.
the actual law source: uscode.house.gov ↗public domain
(a) Institution of civil actions

When directed to do so pursuant to section 288b(b) of this title, the Counsel shall bring a civil action under any statute conferring jurisdiction on any court of the United States (including section 1365 of title 28), to enforce, to secure a declaratory judgment concerning the validity of, or to prevent a threatened failure or refusal to comply with, any subpena or order issued by the Senate or a committee or a subcommittee of the Senate authorized to issue a subpena or order.

(b) Actions in name of committees and subcommittees

Any directive to the Counsel to bring a civil action pursuant to subsection (a) in the name of a committee or subcommittee of the Senate shall, for such committee or subcommittee, constitute authorization to bring such action within the meaning of any statute conferring jurisdiction on any court of the United States.

(c) Consideration of resolutions authorizing actions

It shall not be in order in the Senate to consider a resolution to direct the Counsel to bring a civil action pursuant to subsection (a) in the name of a committee or subcommittee unless—

(1)

such resolution is reported by a majority of the members voting, a majority being present, of such committee or committee of which such subcommittee is a subcommittee, and

(2)

the report filed by such committee or committee of which such subcommittee is a subcommittee contains a statement of—

(A)

the procedure followed in issuing such subpena;

(B)

the extent to which the party sub­penaed has complied with such subpena;

(C)

any objections or privileges raised by the subpenaed party; and

(D)

the comparative effectiveness of bringing a civil action under this section, certification of a criminal action for contempt of Congress, and initiating a contempt proceeding before the Senate.

(d) Rules of Senate

The provisions of subsection (c) are enacted—

(1)

as an exercise of the rulemaking power of the Senate, and, as such, they shall be considered as part of the rules of the Senate, and such rules shall supersede any other rule of the Senate only to the extent that rule is inconsistent therewith; and

(2)

with full recognition of the constitutional right of the Senate to change such rules (so far as relating to the procedure in the Senate) at any time, in the same manner, and to the same extent as in the case of any other rule of the Senate.

(e) Committee reports

A report filed pursuant to subsection (c)(2) shall not be receivable in any court of law to the extent such report is in compliance with such subsection.

(f) Omitted

(g) Certification of failure to testify; contempt

Nothing in this section shall limit the discretion of—

(1)

the President pro tempore of the Senate in certifying to the United States Attorney for the District of Columbia any matter pursuant to section 194 of this title; or

(2)

the Senate to hold any individual or entity in contempt of the Senate.

Source credit: (Pub. L. 95–521, title VII, § 705, Oct. 26, 1978, 92 Stat. 1878; Pub. L. 99–336, § 6(a)(2), June 19, 1986, 100 Stat. 639.)

history & why it existsrecord from the source credit
  • 1978Enacted · Pub. L. 95-521 · 92 Stat. 1878
  • 1986Amended · Pub. L. 99-336 · 100 Stat. 639

A history note hasn’t been published yet. The record shows enactment by Pub. L. 95-521 on 1978-10-26.

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