§1365 Senate actions

Summary

Lets the U.S. District Court for the District of Columbia hear civil cases the Senate brings to make someone obey a Senate subpoena or order, to ask the court to say a subpoena is valid, or to stop a threatened refusal to comply. The court can hear these cases no matter how much money is at issue. The rule covers subpoenas to state officials, state-backed entities, or private people to get documents, depositions, answers to written questions, testimony, or any mix of those. It does not apply to federal executive branch officers or employees acting in their official roles, unless the person refuses for a personal privilege and not for a government privilege approved by the executive branch. If the Senate or one of its committees asks, the court must order the person or entity to comply right away. If they still disobey, the court can hold a summary contempt hearing to force obedience. Papers can be served where the person lives, works, or is found, and witness subpoenas can run into other districts. The court cannot cancel or change a Senate subpoena or order. A case or contempt action stays alive after a final adjournment of Congress if the Senate or issuing committee certifies it still wants the materials. The Senate may pick its own lawyers to bring such cases. A civil action under this rule may not be started under the Senate’s Standing Order “authorizing suits by Senate Committees” (S. Jour. 572, May 28, 1928). A “committee” here means standing, select, or special Senate committees set up by law or resolution.