[United States Senate Manual, 107th Congress]
[S. Doc. 107-1]
[USCODETITLE]
[Pages 842-844]
[From the U.S. Government Printing Office, www.gpo.gov]
[[Page 842]]
TITLE 28.--JUDICIARY AND JUDICIAL PROCEDURE
Chapter 85.--DISTRICT COURTS; JURISDICTION
1061 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
[[Page 843]]
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.
(Added Pub. L. 95-521, Title VII, Sec. 705(f)(1), Oct. 26,
1978, 92 Stat. 1879, Sec. 1364, and amended Pub. L. 98-620,
Title IV, Sec. 402(29)(D), Nov. 8, 1984, 98 Stat. 3359;
renumbered Sec. 1365, Pub. L. 99-336, Sec. 6(a)(1)(B), June
19, 1986, 100 Stat. 638; Pub. L. 104-292, Sec. 4, Oct. 11,
1996, 110 Stat. 3460.)
Chapter 91.--UNITED STATES COURT OF FEDERAL CLAIMS
1062 Sec. 1492. Congressional reference cases.
Any bill, except a bill for a pension, may be referred
by either House of Congress to the chief judge of the United
States Court of Federal Claims for a report in conformity
with section 2509 of this title. (June 25, 1948, ch. 646, 62
Stat. 941; Oct. 15, 1966, Pub. L. 89-681, Sec. 1, 80 Stat.
958. April 2, 1982, Pub. L. 97-164, Title I, 133(b), 96
Stat. 40; Oct. 29, 1992, Pub. L. 102-572, Title IX,
Sec. 902(a)(1), 106 Stat. 4516.)
Chapter 115.--EVIDENCE; DOCUMENTARY
1063 Sec. 1736. Congressional Journals.
Extracts from the Journals of the Senate and the House
of Representatives, and from the Executive Journal of the
Senate when the injunction of secrecy is removed, certified
by the Secretary of the Senate or the Clerk of the House of
Representatives shall be received in evidence with the same
effect as the originals would have. (June 25, 1948, ch. 646,
Sec. 1, 62 Stat. 947.)
Chapter 131.--RULES OF COURTS
1064 Sec. 2076. [Repealed] (Pub. L. 100-702, Sec. 401(c), 102
Stat. 4650).
Chapter 165.--UNITED STATES COURT OF FEDERAL CLAIMS
PROCEDURE
1065 Sec. 2509. Congressional reference cases.
(a) Whenever a bill, except a bill for a pension, is
referred by either House of Congress to the chief judge of
the United States Court of
[[Page 844]]
Federal Claims pursuant to section 1492 of this title, the
chief judge shall designate a judge as hearing officer for
the case and a panel of three judges of the court to serve
as a reviewing body. One member of the review panel shall be
designated as presiding officer of the panel.
(b) Proceedings in a congressional reference case shall
be under rules and regulations prescribed for the purpose by
the chief judge who is hereby authorized and directed to
require the application of the pertinent rules of practice
of the Court of Federal Claims insofar as feasible. Each
hearing officer and each review panel shall have authority
to do and perform any acts which may be necessary or proper
for the efficient performance of their duties, including the
power of subpena and the power to administer oaths and
affirmations. None of the rules, rulings, findings, or
conclusions authorized by this section shall be subject to
judicial review.
(c) The hearing officer to whom a congressional
reference case is assigned by the chief judge shall proceed
in accordance with the applicable rules to determine the
facts, including facts relating to delay or laches, facts
bearing upon the question whether the bar of any statute of
limitation should be removed, or facts claimed to excuse the
claimant for not having resorted to any established legal
remedy. He shall append to his findings of fact conclusions
sufficient to inform Congress whether the demand is a legal
or equitable claim or a gratuity, and the amount, if any,
legally or equitably due from the United States to the
claimant.
(d) The findings and conclusions of the hearing officer
shall be submitted by him, together with the record in the
case, to the review panel for review by it pursuant to such
rules as may be provided for the purpose, which shall
include provision for submitting the report of the hearing
officer to the parties for consideration, exception, and
argument before the panel. The panel, by majority vote,
shall adopt or modify the findings or the conclusions of the
hearing officer.
(e) The panel shall submit its report to the chief judge
for transmission to the appropriate House of Congress.
(f) Any act or failure to act or other conduct by a
party, a witness, or an attorney which would call for the
imposition of sanctions under the rules of practice of the
Court of Federal Claims shall be noted by the panel or the
hearing officer at the time of occurrence thereof and upon
failure of the delinquent or offending party, witness, or
attorney to make prompt compliance with the order of the
panel or the hearing officer a full statement of the
circumstances shall be incorporated in the report of the
panel.
(g) The Court of Federal Claims is hereby authorized and
directed, under such regulations as it may prescribe, to
provide the facilities and services of the office of the
clerk of the court for the filing, processing, hearing, and
dispatch of congressional reference cases and to include
within its annual appropriations the costs thereof and other
costs of administration, including (but without limitation
to the items herein listed) the salaries and traveling
expenses of the judges serving as hearing officers and panel
members, mailing and service of process, necessary physical
facilities, equipment, and supplies, and personnel
(including secretaries and law clerks). (Oct. 15, 1966, Pub.
L. 89-681, Sec. 2, 80 Stat. 958; April 2, 1982, Pub. L. 97-
164, Title I, Sec. 139(h), 96 Stat. 42; Oct. 29, 1992, Pub.
L. 102-572, Title IX, Sec. 902(a), 106 Stat. 4516.)
31 u.s.c.--money and finance
general and permanent laws relating to the senate