28 U.S.C. § 1365 — Senate actions

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 District Court for the District of Columbia shall have original juris- diction, without regard to the amount in con- troversy, over any civil action brought by the Senate or any authorized committee or sub- committee 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 docu- ments or other materials of any kind or the an- swering of any deposition or interrogatory or to secure testimony or any combination thereof. This section shall not apply to an action to en- force, to secure a declaratory judgment con- cerning the validity of, or to prevent a threat- ened refusal to comply with, any subpena or order issued to an officer or employee of the ex- ecutive branch of the Federal Government act- ing 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 gov- ernmental 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 au- thorized committee or subcommittee of the Sen- ate, 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 com- mittee 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 com- menced by an order to show cause before the court why the entity or person refusing or fail- ing 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 pro- ceeding 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 re- quired 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 com- mittee or subcommittee of the Senate or to re- view, modify, suspend, terminate, or set aside any such subpena or order. An action, contempt proceeding, or sanction brought or imposed pur- suant to this section shall not abate upon ad- journment 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 docu- ments, answers, or testimony during such ad- journment. [(c) Repealed. Pub. L. 98–620, title IV, § 402(29)(D), Nov. 8, 1984, 98 Stat. 3359.] (d) The Senate or any committee or sub- committee of the Senate commencing and pros- ecuting a civil action or contempt proceeding under this section may be represented in such action by such attorneys as the Senate may des- ignate. (e) A civil action commenced or prosecuted under this section, may not be authorized pursu- ant to the Standing Order of the Senate ‘‘au- thorizing suits by Senate Committees’’ (S. Jour. 572, May 28, 1928). (f) For the purposes of this section the term ‘‘committee’’ includes standing, select, or spe- cial committees of the Senate established by law or resolution. (Added Pub. L. 95–521, title VII, § 705(f)(1), Oct. 26, 1978, 92 Stat. 1879, § 1364; amended Pub. L. 98–620, title IV, § 402(29)(D), Nov. 8, 1984, 98 Stat. 3359; renumbered § 1365, Pub. L. 99–336, § 6(a)(1)(B), June 19, 1986, 100 Stat. 638; Pub. L. 104–292, § 4, Oct. 11, 1996, 110 Stat. 3460.) Page 383 TITLE 28—JUDICIARY AND JUDICIAL PROCEDURE § 1368 Editorial Notes AMENDMENTS 1996—Subsec. (a). Pub. L. 104–292 substituted ‘‘execu- tive 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 as- sertion of a personal privilege or objection and is not based on a governmental privilege or objection the as- sertion of which has been authorized by the executive branch of the Federal Government’’ for ‘‘Federal Gov- ernment acting within his official capacity’’. 1984—Subsec. (c). Pub. L. 98–620 struck out subsec. (c) which provided that in any civil action or contempt proceeding brought pursuant to this section, the court had to assign the action or proceeding for hearing at the earliest practicable date and cause the action or proceeding in every way to be expedited, and that any appeal or petition for review from any order or judg- ment in such action or proceeding had to be expedited in the same manner. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 1984 AMENDMENT Amendment by Pub. L. 98–620 not applicable to cases pending on Nov. 8, 1984, see section 403 of Pub. L. 98–620, set out as an Effective Date note under section 1657 of this title. EFFECTIVE DATE Section effective Jan. 3, 1979, see section 717 of Pub. L. 95–521, set out as a note under section 288 of Title 2, The Congress. § 1366. Construction of references to laws of the United States or Acts of Congress For the purposes of this chapter, references to laws of the United States or Acts of Congress do not include laws applicable exclusively to the District of Columbia. (Added Pub. L. 91–358, title I, § 172(c)(1), July 29, 1970, 84 Stat. 590, § 1363; renumbered § 1364, Pub. L. 95–572, § 6(b)(1), Nov. 2, 1978, 92 Stat. 2456; re- numbered § 1366, Pub. L. 99–336, § 6(a)(1)(C), June 19, 1986, 100 Stat. 639.) § 1367. Supplemental jurisdiction (a) Except as provided in subsections (b) and (c) or as expressly provided otherwise by Federal statute, in any civil action of which the district courts have original jurisdiction, the district courts shall have supplemental jurisdiction over all other claims that are so related to claims in the action within such original jurisdiction that they form part of the same case or controversy under Article III of the United States Constitu- tion. Such supplemental jurisdiction shall in- clude claims that involve the joinder or inter- vention of additional parties. (b) In any civil action of which the district courts have original jurisdiction founded solely on section 1332 of this title, the district courts shall not have supplemental jurisdiction under subsection (a) over claims by plaintiffs against persons made parties under Rule 14, 19, 20, or 24 of the Federal Rules of Civil Procedure, or over claims by persons proposed to be joined as plain- tiffs under Rule 19 of such rules, or seeking to intervene as plaintiffs under Rule 24 of such rules, when exercising supplemental jurisdiction over such claims would be inconsistent with the jurisdictional requirements of section 1332. (c) The district courts may decline to exercise supplemental jurisdiction over a claim under subsection (a) if— (1) the claim raises a novel or complex issue of State law, (2) the claim substantially predominates over the claim or claims over which the dis- trict court has original jurisdiction, (3) the district court has dismissed all claims over which it has original jurisdiction, or (4) in exceptional circumstances, there are other compelling reasons for declining juris- diction. (d) The period of limitations for any claim as- serted under subsection (a), and for any other claim in the same action that is voluntarily dis- missed at the same time as or after the dis- missal of the claim under subsection (a), shall be tolled while the claim is pending and for a pe- riod of 30 days after it is dismissed unless State law provides for a longer tolling period. (e) As used in this section, the term ‘‘State’’ includes the District of Columbia, the Common- wealth of Puerto Rico, and any territory or pos- session of the United States. (Added Pub. L. 101–650, title III, § 310(a), Dec. 1, 1990, 104 Stat. 5113.) Editorial Notes REFERENCES IN TEXT The Federal Rules of Civil Procedure, referred to in subsec. (b), are set out in the Appendix to this title. Statutory Notes and Related Subsidiaries EFFECTIVE DATE Pub. L. 101–650, title III, § 310(c), Dec. 1, 1990, 104 Stat. 5114, provided that: ‘‘The amendments made by this section [enacting this section] shall apply to civil ac- tions commenced on or after the date of the enactment of this Act [Dec. 1, 1990].’’ § 1368. Counterclaims in unfair practices in international trade. The district courts shall have original juris- diction of any civil action based on a counter- claim raised pursuant to section 337(c) of the Tariff Act of 1930, to the extent that it arises out of the transaction or occurrence that is the subject matter of the opposing party’s claim in the proceeding under section 337(a) of that Act. (Added Pub. L. 103–465, title III, § 321(b)(3)(A), Dec. 8, 1994, 108 Stat. 4946.) Editorial Notes REFERENCES IN TEXT Section 337 of the Tariff Act of 1930, referred to in text, is classified to section 1337 of Title 19, Customs Duties. Statutory Notes and Related Subsidiaries EFFECTIVE DATE Section applicable with respect to complaints filed under section 1337 of Title 19, Customs Duties, on or after the date on which the World Trade Organization Agreement enters into force with respect to the United States [Jan. 1, 1995], or in cases under section 1337 of