                          TITLE 2--THE CONGRESS
 
               CHAPTER 9D--OFFICE OF SENATE LEGAL COUNSEL
 
Sec. 288d. Enforcement of Senate subpena or order


(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) of this section 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) of 
this section 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) of this section 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) of this section 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, Sec. 705, Oct. 26, 1978, 92 Stat. 1878; Pub. 
L. 99-336, Sec. 6(a)(2), June 19, 1986, 100 Stat. 639.)

                          Codification

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


                               Amendments

    1986--Subsec. (a). Pub. L. 99-336 substituted ``section 1365 of 
title 28'' for ``section 1364 of title 28''.

                  Section Referred to in Other Sections

    This section is referred to in sections 288b, 288j of this title.
