Sec. 1365. Senate actions
- (a) The United States District Court for the District of
Columbia shall have original jurisdiction, without regard to the amount in
controversy, over any civil action brought by the Senate or any authorized
committee or subcommittee of the Senate to enforce, to secure a declaratory
judgment concerning the validity of, or to prevent a threatened refusal or
failure to comply with, any subpena or order issued by the Senate or committee
or subcommittee of the Senate to any entity acting or purporting to act under
color or authority of State law or to any natural person to secure the
production of documents or other materials of any kind or the answering of any
deposition or interrogatory or to secure testimony or any combination thereof.
This section shall not apply to an action to enforce, to secure a declaratory
judgment concerning the validity of, or to prevent a threatened refusal to
comply with, any subpena or order issued to an officer or employee of the
executive branch of the Federal Government acting within his or her official
capacity, except that this section shall apply if the refusal to comply is
based on the assertion of a personal privilege or objection and is not based
on a governmental privilege or objection the assertion of which has been
authorized by the executive branch of the Federal Government.
- (b) Upon application by the Senate or any authorized
committee or subcommittee of the Senate, the district court shall issue an
order to an entity or person refusing, or failing to comply with, or
threatening to refuse or not to comply with, a subpena or order of the Senate
or committee or subcommittee of the Senate requiring such entity or person to
comply forthwith. Any refusal or failure to obey a lawful order of the
district court issued pursuant to this section may be held by such court to be
a contempt thereof. A contempt proceeding shall be commenced by an order to
show cause before the court why the entity or person refusing or failing to
obey the court order should not be held in contempt of court. Such contempt
proceeding shall be tried by the court and shall be summary in manner. The
purpose of sanctions imposed as a result of such contempt proceeding shall be
to compel obedience to the order of the court. Process in any such action or
contempt proceeding may be served in any judicial district wherein the entity
or party refusing, or failing to comply, or threatening to refuse or not to
comply, resides, transacts business, or may be found, and subpenas for
witnesses who are required to attend such proceeding may run into any other
district. Nothing in this section shall confer upon such court jurisdiction to
affect by injunction or otherwise the issuance or effect of any subpena or
order of the Senate or any committee or subcommittee of the Senate or to
review, modify, suspend, terminate, or set aside any such subpena or order. An
action, contempt proceeding, or sanction brought or imposed pursuant to this
section shall not abate upon adjournment sine die by the Senate at the end of
a Congress if the Senate or the committee or subcommittee of the Senate which
issued the subpena or order certifies to the court that it maintains its
interest in securing the documents, answers, or testimony during such
adjournment.
- (c) Repealed. Pub. L. 98-620, title IV, Sec. 402(29)(D),
Nov. 8, 1984, 98 Stat. 3359.)
- (d) The Senate or any committee or subcommittee of the
Senate commencing and prosecuting a civil action or contempt proceeding
under this section may be represented in such action by such attorneys as
the Senate may designate.
- (e) A civil action commenced or prosecuted under this
section, may not be authorized pursuant to the Standing Order of the Senate
''authorizing suits by Senate Committees'' (S. Jour. 572, May 28, 1928).
- (f) For the purposes of this section the term
''committee'' includes standing, select, or special committees of the Senate
established by law or resolution.
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