    [United States Senate Manual, 112th Congress]
    [S. Doc. 112-1]
    [USCODETITLE]
    [Pages 1020-1026]
    [From the U.S. Government Publishing Office, www.gpo.gov]

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                         TITLE 28.--JUDICIARY AND JUDICIAL PROCEDURE

                              Chapter 31.--THE ATTORNEY GENERAL

          1425  Sec. 530D. Report on enforcement of laws.
                (a) Report.--
                                (1) In general.--The Attorney General shall
                            submit to the Congress a report of any instance
                            in which the Attorney General or any officer of
                            the Department of Justice--

                                    (A) establishes or implements a formal
                                or informal policy to refrain--

                                            (i) from enforcing, applying, or
                                        administering any provision of any
                                        Federal statute, rule, regulation,
                                        program, policy, or other law whose
                                        enforcement, application, or
                                        administration is within the
                                        responsibility of the Attorney
                                        General or such officer on the
                                        grounds that such provision is
                                        unconstitutional; or

                                            (ii) within any judicial
                                        jurisdiction of or within the United
                                        States, from adhering to, enforcing,
                                        applying, or complying with, any
                                        standing rule of decision (binding
                                        upon courts of, or inferior to those
                                        of, that jurisdiction) established
                                        by a final decision of any court of,
                                        or superior to those of, that
                                        jurisdiction, respecting the
                                        interpretation, construction, or
                                        application of the Constitution, any
                                        statute, rule, regulation, program,
                                        policy, or other law whose
                                        enforcement, application, or
                                        administration is within the
                                        responsibility of the Attorney
                                        General or such officer;

                                    (B) determines--

                                            (i) to contest affirmatively, in
                                        any judicial, administrative, or
                                        other proceeding, the
                                        constitutionality of any provision
                                        of any Federal statute, rule,
                                        regulation, program, policy, or
                                        other law; or

                                            (ii) to refrain (on the grounds
                                        that the provision is
                                        unconstitutional) from defending or
                                        asserting, in any judicial,
                                        administrative, or other proceeding,
                                        the constitutionality of any
                                        provision of any Federal statute,
                                        rule, regulation, program, policy,
                                        or other law, or not to appeal or
                                        request review of any judicial,
                                        administrative, or other
                                        determination adversely affecting
                                        the constitutionality of any such
                                        provision; or

                                    (C) approves (other than in
                                circumstances in which a report is submitted
                                to the Joint Committee on Taxation, pursuant
                                to section 6405 of the Internal Revenue Code
                                of 1986) the settlement or compromise (other
                                than in bankruptcy) of any claim, suit, or
                                other action--

                                            (i) against the United States
                                        (including any agency or
                                        instrumentality thereof) for a sum
                                        that exceeds, or is likely to
                                        exceed, $2,000,000, excluding
                                        prejudgment interest; or

    [[Page 1021]]

                                            (ii) by the United States
                                        (including any agency or
                                        instrumentality thereof) pursuant to
                                        an agreement, consent decree, or
                                        order (or pursuant to any
                                        modification of an agreement,
                                        consent decree, or order) that
                                        provides injunctive or other
                                        nonmonetary relief that exceeds, or
                                        is likely to exceed, 3 years in
                                        duration: Provided, That for
                                        purposes of this clause, the term
                                        ``injunctive or other nonmonetary
                                        relief'' shall not be understood to
                                        include the following, where the
                                        same are a matter of public record--

                    (I) debarments, suspensions, or other exclusions from
                Government contracts or grants;
                    (II) mere reporting requirements or agreements
                (including sanctions for failure to report);
                    (III) requirements or agreements merely to comply with
                statutes or regulations;
                    (IV) requirements or agreements to surrender
                professional licenses or to cease the practice of
                professions, occupations, or industries;
                    (V) any criminal sentence or any requirements or
                agreements to perform community service, to serve probation,
                or to participate in supervised release from detention,
                confinement, or prison; or
                    (VI) agreements to cooperate with the government in
                investigations or prosecutions (whether or not the agreement
                is a matter of public record).
                                (2) Submission of report to the Congress.--
                            For the purposes of paragraph (1), a report
                            shall be considered to be submitted to the
                            Congress if the report is submitted to--

                                    (A) the majority leader and minority
                                leader of the Senate;

                                    (B) the Speaker, majority leader, and
                                minority leader of the House of
                                Representatives;

                                    (C) the chairman and ranking minority
                                member of the Committee on the Judiciary of
                                the House of Representatives and the
                                chairman and ranking minority member of the
                                Committee on the Judiciary of the Senate;
                                and

                                    (D) the Senate Legal Counsel and the
                                General Counsel of the House of
                                Representatives.

                (b) Deadline.--A report shall be submitted--
                                (1) under subsection (a)(1)(A), not later
                            than 30 days after the establishment or
                            implementation of each policy;
                                (2) under subsection (a)(1)(B), within such
                            time as will reasonably enable the House of
                            Representatives and the Senate to take action,
                            separately or jointly, to intervene in timely
                            fashion in the proceeding, but in no event later
                            than 30 days after the making of each
                            determination; and
                                (3) under subsection (a)(1)(C), not later
                            than 30 days after the conclusion of each
                            fiscal-year quarter, with respect to all
                            approvals occurring in such quarter.
                (c) Contents.--A report required by subsection (a) shall--
                                (1) specify the date of the establishment or
                            implementation of the policy described in
                            subsection (a)(1)(A), of the making of the
                            determination described in subsection (a)(1)(B),
                            or of each approval described in subsection
                            (a)(1)(C);

    [[Page 1022]]

                                (2) include a complete and detailed
                            statement of the relevant issues and background
                            (including a complete and detailed statement of
                            the reasons for the policy or determination, and
                            the identity of the officer responsible for
                            establishing or implementing such policy, making
                            such determination, or approving such settlement
                            or compromise), except that--

                                    (A) such details may be omitted as may
                                be absolutely necessary to prevent improper
                                disclosure of national-security- or
                                classified information, of any information
                                subject to the deliberative-process-,
                                executive-, attorney- work-product-, or
                                attorney-client privileges, or of any
                                information the disclosure of which is
                                prohibited by section 6103 of the Internal
                                Revenue Code of 1986, or other law or any
                                court order if the fact of each such
                                omission (and the precise ground or grounds
                                therefor) is clearly noted in the statement:
                                Provided, That this subparagraph shall not
                                be construed to deny to the Congress
                                (including any House, Committee, or agency
                                thereof) any such omitted details (or
                                related information) that it lawfully may
                                seek, subsequent to the submission of the
                                report; and--

                                    (B) the requirements of this paragraph
                                shall be deemed satisfied--

                                            (i) in the case of an approval
                                        described in subsection
                                        (a)(1)(C)(i), if an unredacted copy
                                        of the entire settlement agreement
                                        and consent decree or order (if any)
                                        is provided, along with a statement
                                        indicating the legal and factual
                                        basis or bases for the settlement or
                                        compromise (if not apparent on the
                                        face of documents provided); and

                                            (ii) in the case of an approval
                                        described in subsection
                                        (a)(1)(C)(ii), if an unredacted copy
                                        of the entire settlement agreement
                                        and consent decree or order (if any)
                                        is provided, along with a statement
                                        indicating the injunctive or other
                                        nonmonetary relief (if not apparent
                                        on the face of documents provided);
                                        and

                                (3) in the case of a determination described
                            in subsection (a)(1)(B) or an approval described
                            in subsection (a)(1)(C), indicate the nature,
                            tribunal, identifying information, and status of
                            the proceeding, suit, or action.

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                (d) Declaration.--In the case of a determination described
                    in subsection (a)(1)(B), the representative of the
                    United States participating in the proceeding shall make
                    a clear declaration in the proceeding that any position
                    expressed as to the constitutionality of the provision
                    involved is the position of the executive branch of the
                    Federal Government (or, as applicable, of the President
                    or of any executive agency or military department).
                (e) Applicability to the President and to executive agencies
                    and military departments.--The reporting, declaration,
                    and other provisions of this section relating to the
                    Attorney General and other officers of the Department of
                    Justice shall apply to the President (but only with
                    respect to the promulgation of any unclassified
                    Executive order or similar memorandum or order), to the
                    head of each executive agency or military department (as
                    defined, respectively, in sections 105 and 102 of title
                    5, United States Code) that establishes or implements a
                    policy described in subsection (a)(1)(A) or is
                    authorized to conduct litigation, and to the officers of
                    such executive agency. (Added Pub.L. 107-273, Div. A,
                    Title II, Sec.  202(a), Nov. 2, 2002, 116 Stat. 1771.)

                         Chapter 85.--DISTRICT COURTS, JURISDICTION

          1426  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 subpoena 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 subpoena 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 subpoena 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

    [[Page 1024]]

                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 subpoenas 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 subpoena or order of the Senate or
                any committee or subcommittee of the Senate or to review,
                modify, suspend, terminate, or set aside any such subpoena
                or order. An action, contempt proceeding, or sanction
                brought or imposed pursuant to this section shall not abate
                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 subpoena 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

          1427  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

          1428  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

    [[Page 1025]]

                with the same effect as the originals would have. (June 25,
                1948, ch. 646, Sec. 1, 62 Stat. 947.)

                                Chapter 131.--RULES OF COURTS

          1429  Sec. 2076. Repealed (Pub.L. 100-702, Sec. 401(c), 102 Stat.
                    4650).

                    Chapter 165.--UNITED STATES COURT OF FEDERAL CLAIMS
                                         PROCEDURE

          1430  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 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 subpoena 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

    [[Page 1026]]

                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