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28 U.S.C. § 1365 — Senate actions
Federal law — U.S. Code and appendices · legal_authorities
**(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 t
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Source file: Laws/federal/codes/united-states-code/title-28/section-1365-senate-actions--a9a2b6cd67.md
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Source location: Title 28, Chapter 85, § 1365; chapter-085-district-courts-jurisdiction.md
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**(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, § 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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Federal law — U.S. Code and appendices · legal_authorities
**(a)** Notwithstanding any other provision of law, each court of the United States shall determine the order in which civil actions are heard and determined, except that the court shall expedite the consideration of any action brought under chapter 153 or [section 1826 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title28-section1826&num=0&edition=prelim), any action for temporary or preliminary injunctive relief, or any other action if good cause therefor is shown. For purposes of this subsection, “good cause” is shown if a right under the Constitution of the United States or a Federal Statute (including rights under [section 552 of title 5](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section552&num=0&edition=prelim)) would be maintained in a factual context that indicates that a request for expedited consideration has merit.
**(b)** The Judicial Conference of the United States may modify the rules adopted by the courts to determine the order in which civil actions are heard and determined, in order to establish consistency among the judicial circuits.
Source: Supplied U.S. Code snapshot — release unconfirmed · 28 U.S.C. § 1657
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Establishment; appointment of Counsel and Deputy Counsel; Senate approval; reappointment; compensation**
(1) There is established, as an office of the Senate, the Office of Senate Legal Counsel (hereinafter referred to as the “Office”), which shall be headed by a Senate Legal Counsel (hereinafter referred to as the “Counsel”); and there shall be a Deputy Senate Legal Counsel (hereinafter referred to as the “Deputy Counsel”) who shall perform such duties as may be assigned to him by the Counsel and who, during any absence, disability, or vacancy in the position of the Counsel, shall serve as Acting Senate Legal Counsel.
(2) The Counsel and the Deputy Counsel each shall be appointed by the President pro tempore of the Senate from among recommendations submitted by the majority and minority leaders of the Senate. Any appointment made under this paragraph shall be made without regard to political affiliation and solely on the basis of fitness to perform the duties of the position. Any person appointed as Counsel or Deputy Counsel shall be learned in the law, a member of the bar of a State or the District of Columbia, and shall not engage in any other business, vocation, or employment during the term of such appointment.
(3)
(A) Any appointment made under paragraph (2) shall become effective upon approval by resolution of the Senate. The Counsel and the Deputy Counsel shall each be appointed for a term of service which shall expire at the end of the Congress following the Congress during which the Counsel or Deputy Counsel, respectively, is appointed except that the Senate may, by resolution, remove either the Counsel or the Deputy Counsel prior to the termination of any term of service. The Counsel and the Deputy Counsel may be reappointed at the termination of
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Federal law — U.S. Code and appendices · legal_authorities
**(a)** Except as otherwise provided in this section, whoever, in any matter within the jurisdiction of the executive, legislative, or judicial branch of the Government of the United States, knowingly and willfully—
(1) falsifies, conceals, or covers up by any trick, scheme, or device a material fact;
(2) makes any materially false, fictitious, or fraudulent statement or representation; or
(3) makes or uses any false writing or document knowing the same to contain any materially false, fictitious, or fraudulent statement or entry;
shall be fined under this title, imprisoned not more than 5 years or, if the offense involves international or domestic terrorism (as defined in section 2331), imprisoned not more than 8 years, or both. If the matter relates to an offense under chapter 109A, 109B, 110, or 117, or section 1591, then the term of imprisonment imposed under this section shall be not more than 8 years.
**(b)** Subsection (a) does not apply to a party to a judicial proceeding, or that party’s counsel, for statements, representations, writings or documents submitted by such party or counsel to a judge or magistrate in that proceeding.
**(c)** With respect to any matter within the jurisdiction of the legislative branch, subsection (a) shall apply only to—
(1) administrative matters, including a claim for payment, a matter related to the procurement of property or services, personnel or employment practices, or support services, or a document required by law, rule, or regulation to be submitted to the Congress or any office or officer within the legislative branch; or
(2) any investigation or review, conducted pursuant to the authority of any committee, subcommittee, commission or office of the Congress, consistent with applicable rules of the House or Senate.
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Institution of civil actions** When directed to do so pursuant to [section 288b(b) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title2-section288b/b&num=0&edition=prelim), 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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title28-section1365&num=0&edition=prelim)), 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 o
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Federal law — U.S. Code and appendices · legal_authorities
Page 382
TITLE 28—JUDICIARY AND JUDICIAL PROCEDURE
§ 1365
that the insured is immune from suit, that the
insured is an indispensable party, or in the ab-
sence of fraud or collusion, that the insured has
violated a term of the contract, unless the con-
tract was cancelled before the claim arose.
(Added Pub. L. 95–393, § 7(a), Sept. 30, 1978, 92
Stat. 809; amended Pub. L. 97–241, title II,
§ 203(b)(4), Aug. 24, 1982, 96 Stat. 291; Pub. L.
100–204, title I, § 138(a), Dec. 22, 1987, 101 Stat.
1347.)
Editorial Notes
CODIFICATION
Two other sections 1364 were renumbered sections
1365 and 1366 of this title.
AMENDMENTS
1987—Subsec. (a). Pub. L. 100–204 inserted ‘‘, or was at
the time of the tortious act or omission,’’ after ‘‘who
is’’.
1982—Subsec. (a). Pub. L. 97–241 substituted ‘‘within
the meaning of section 2(3) of the Diplomatic Relations
Act (22 U.S.C. 254a(3))’’ for ‘‘as defined in the Vienna
Convention on Diplomatic Relations’’.
Statutory Notes and Related Subsidiaries
EFFECTIVE DATE OF 1987 AMENDMENT
Pub. L. 100–204, title I, § 138(b), Dec. 22, 1987, 101 Stat.
1347, provided that: ‘‘The amendment made by sub-
section (a) [amending this section] shall apply to the
first tortious act or omission occurring after the date
of enactment of this Act [Dec. 22, 1987].’’
EFFECTIVE DATE OF 1982 AMENDMENT
Amendment by Pub. L. 97–241 effective Oct. 1, 1982,
see section 204 of Pub. L. 97–241, set out as an Effective
Date note under section 4301 of Title 22, Foreign Rela-
tions and Intercourse.
EFFECTIVE DATE
Section effective at end of ninety-day period begin-
ning on Sept. 30, 1978, see section 9 of Pub. L. 95–393, set
out as a note under section 254a of Title 22, Foreign Re-
lations and Intercourse.
§ 1365. Senate actions
(a) The United States Distr
Source: Supplied 2024 U.S. Code historical extraction · 28 U.S.C. § 1365
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