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2 U.S.C. § 288d — Enforcement of Senate subpena or order

Federal law — U.S. Code and appendices · legal_authorities

2 U.S.C. § 288d — Enforcement of Senate subpena or order

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Stable record: federal_law:legal_authorities:record_usc_e5a076002c6a4e17fa9f0870
Source file: Laws/federal/codes/united-states-code/title-2/section-288d-enforcement-of-senate-subpena-or-order--251f3e9262.md
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Source location: Title 2, Chapter 9D, § 288d; chapter-9d-office-of-senate-legal-counsel.md

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**(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 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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title2-section194&num=0&edition=prelim); or (2) the Senate to hold any individual or entity in contempt of the Senate.

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Federal law — U.S. Code and appendices · legal_authorities

28 U.S.C. § 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 t

Source: Supplied U.S. Code snapshot — release unconfirmed · 28 U.S.C. § 1365

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Federal law — U.S. Code and appendices · legal_authorities

2 U.S.C. § 194 — Certification of failure to testify or produce; grand jury action

Whenever a witness summoned as mentioned in [section 192 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title2-section192&num=0&edition=prelim) fails to appear to testify or fails to produce any books, papers, records, or documents, as required, or whenever any witness so summoned refuses to answer any question pertinent to the subject under inquiry before either House, or any joint committee established by a joint or concurrent resolution of the two Houses of Congress, or any committee or subcommittee of either House of Congress, and the fact of such failure or failures is reported to either House while Congress is in session or when Congress is not in session, a statement of fact constituting such failure is reported to and filed with the President of the Senate or the Speaker of the House, it shall be the duty of the said President of the Senate or Speaker of the House, as the case may be, to certify, and he shall so certify, the statement of facts aforesaid under the seal of the Senate or House, as the case may be, to the appropriate United States attorney, whose duty it shall be to bring the matter before the grand jury for its action.

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Federal law — U.S. Code and appendices · legal_authorities

2 U.S.C. § 288 — Office of Senate Legal Counsel

**(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

Source: Supplied U.S. Code snapshot — release unconfirmed · 2 U.S.C. § 288

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Federal law — U.S. Code and appendices · legal_authorities

28 U.S.C. § 1364 — Direct actions against insurers of members of diplomatic missions and their families

**(a)** The district courts shall have original and exclusive jurisdiction, without regard to the amount in controversy, of any civil action commenced by any person against an insurer who by contract has insured an individual, who is, or was at the time of the tortious act or omission, a member of a mission (within the meaning of section 2(3) of the Diplomatic Relations Act ([22 U.S.C. 254a(3)](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title22-section254a/3&num=0&edition=prelim))) or a member of the family of such a member of a mission, or an individual described in section 19 of the Convention on Privileges and Immunities of the United Nations of February 13, 1946, against liability for personal injury, death, or damage to property. **(b)** Any direct action brought against an insurer under subsection (a) shall be tried without a jury, but shall not be subject to the defense that the insured is immune from suit, that the insured is an indispensable party, or in the absence of fraud or collusion, that the insured has violated a term of the contract, unless the contract was cancelled before the claim arose.

Source: Supplied U.S. Code snapshot — release unconfirmed · 28 U.S.C. § 1364

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Federal law — U.S. Code and appendices · legal_authorities

2 U.S.C. § 288b — Requirements for authorizing representation activity

**(a) Direction of Joint Leadership Group or Senate resolution** The Counsel shall defend the Senate or a committee, subcommittee, Member, officer, or employee of the Senate under [section 288c of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title2-section288c&num=0&edition=prelim) only when directed to do so by two-thirds of the Members of the Joint Leadership Group or by the adoption of a resolution by the Senate. **(b) Civil action to enforce subpena** The Counsel shall bring a civil action to enforce a subpena of the Senate or a committee or subcommittee of the Senate under [section 288d of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title2-section288d&num=0&edition=prelim) only when directed to do so by the adoption of a resolution by the Senate. **(c) Intervention or appearance** The Counsel shall intervene or appear as amicus curiae under [section 288e of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title2-section288e&num=0&edition=prelim) only when directed to do so by a resolution adopted by the Senate when such intervention or appearance is to be made in the name of the Senate or in the name of an officer, committee, subcommittee, or chairman of a committee or subcommittee of the Senate. **(d) Immunity proceedings** The Counsel shall serve as the duly authorized representative in obtaining an order granting immunity under [section 288f of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title2-section288f&num=0&edition=prelim) of— (1) the Senate when directed to do so by an affirmative vote of a majority of the Members present of the Senate; or (2) a committee or subcommittee of the Senate when directed to do so by an affirmative vote of two-thirds

Source: Supplied U.S. Code snapshot — release unconfirmed · 2 U.S.C. § 288b

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Federal law — U.S. Code and appendices · legal_authorities

28 U.S.C. § 1 — Number of justices; quorum

The Supreme Court of the United States shall consist of a Chief Justice of the United States and eight associate justices, any six of whom shall constitute a quorum.

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Federal law — U.S. Code and appendices · legal_authorities

28 U.S.C. § 620 — Federal Judicial Center

**(a)** There is established within the judicial branch of the Government a Federal Judicial Center, whose purpose it shall be to further the development and adoption of improved judicial administration in the courts of the United States. **(b)** The Center shall have the following functions: (1) to conduct research and study of the operation of the courts of the United States, and to stimulate and coordinate such research and study on the part of other public and private persons and agencies; (2) to develop and present for consideration by the Judicial Conference of the United States recommendations for improvement of the administration and management of the courts of the United States; (3) to stimulate, create, develop, and conduct programs of continuing education and training for personnel of the judicial branch of the Government and other persons whose participation in such programs would improve the operation of the judicial branch, including, but not limited to, judges, United States magistrate judges, clerks of court, probation officers, and persons serving as mediators and arbitrators; (4) insofar as may be consistent with the performance of the other functions set forth in this section, to provide staff, research, and planning assistance to the Judicial Conference of the United States and its committees; (5) Insofar 11 So in original. Probably should not be capitalized. as may be consistent with the performance of the other functions set forth in this section, to cooperate with the State Justice Institute in the establishment and coordination of research and programs concerning the administration of justice; and (6) insofar as may be consistent with the performance of the other functions set forth in this section, to cooperate with and assist agencies of

Source: Supplied U.S. Code snapshot — release unconfirmed · 28 U.S.C. § 620

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Federal law — U.S. Code and appendices · legal_authorities

2 U.S.C. § 288d — Enforcement of Senate subpena or order

Page 126 TITLE 2—THE CONGRESS § 288c ance is to be made in the name of the Senate or in the name of an officer, committee, sub- committee, or chairman of a committee or sub- committee of the Senate. (d) Immunity proceedings The Counsel shall serve as the duly authorized representative in obtaining an order granting immunity under section 288f of this title of— (1) the Senate when directed to do so by an affirmative vote of a majority of the Members present of the Senate; or (2) a committee or subcommittee of the Sen- ate when directed to do so by an affirmative vote of two-thirds of the members of the full committee. (e) Resolution recommendations The Office shall make no recommendation with respect to the consideration of a resolution under this section. (Pub. L. 95–521, title VII, § 703, Oct. 26, 1978, 92 Stat. 1877.) Statutory Notes and Related Subsidiaries EFFECTIVE DATE Section effective Jan. 3, 1979, see section 717 of Pub. L. 95–521, set out as a note under section 288 of this title. § 288c. Defending the Senate, committee, sub- committee, member, officer, or employee of Senate (a) Except as otherwise provided in subsection (b), when directed to do so pursuant to section 288b(a) of this title, the Counsel shall— (1) defend the Senate, a committee, sub- committee, Member, officer, or employee of the Senate in any civil action pending in any court of the United States or of a State or po- litical subdivision thereof, in which the Sen- ate, such committee, subcommittee, Member, officer, or employee is made a party defendant and in which there is placed in issue the valid- ity of any proceeding of, or action, including issuance of any subpena or order, taken by the Senate, or such committee, subcommittee, Member, officer, or employee

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