[United States Senate Manual, 107th Congress]
[S. Doc. 107-1]
[USCODETITLE]
[Pages 842-844]
[From the U.S. Government Publishing 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