[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

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            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