2 USC 288d - Enforcement of Senate subpena or order

U.S Code last checked for updates: Nov 22, 2024

§ 288d.

Enforcement of Senate subpena or order

(a)

Institution of civil actions

(b)

Actions in name of committees and subcommittees

(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

(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; or

(2)

the Senate to hold any individual or entity in contempt of the Senate.

(Pub. L. 95–521, title VII, § 705, Oct. 26, 1978, 92 Stat. 1878; Pub. L. 99–336, § 6(a)(2), June 19, 1986, 100 Stat. 639.)

cite as: 2 USC 288d