republic-os/legal/us/code/title-02/chapter-9d/section-288d.md

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LegalText	2 U.S.C. § 288d	Enforcement of Senate subpena or order	us	united_states_code	code_section	2	THE CONGRESS	9D	OFFICE OF SENATE LEGAL COUNSEL	288d	2 U.S.C. § 288d	current	119-100	2026-06-26	official	https://uscode.house.gov/download/releasepoints/us/pl/119/100/xml_usc02@119-100.zip	/us/usc/t2/s288d	data/legal/raw/us/code/title-02/usc02.xml	3d374e101c02ed8dcb0b7a44e7c1a7b5955b344142a63ca149d69ece204d8d0a	ec6910a011de0a97d11b263bbcd649766188311e429ae6bdb5fc2cf5e6ebbb9e	bb5d12be714d840719716a1cfb6bf7b0c96caa99b2f91280de645201c2a05dc4	2026-07-04	official	legal us-code

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

Text

(a) Institution of civil actions When directed to do so pursuant to section 288b(b) of this title, 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), 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; 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.)

Notes

Editorial Notes

Codification Subsec. (f) of this section amended title 28 by adding section 1364 and by adding item 1364 to the chapter analysis.

Amendments1986—Subsec. (a). Pub. L. 99–336 substituted “section 1365 of title 28” for “section 1364 of title 28”.

Statutory Notes and Related Subsidiaries

Effective DateSection effective Jan. 3, 1979, see section 717 of Pub. L. 95–521, set out as a note under section 288 of this title.