§288d Enforcement of Senate Subpena or Order

Summary

When directed under section 288b(b), the Counsel must bring a civil lawsuit in a federal court (including under 28 U.S.C. 1365) to enforce, get a ruling on, or prevent a threatened refusal to obey a Senate subpoena or order issued by the Senate or one of its committees or subcommittees. If the suit is to be brought in the name of a committee or subcommittee, that directive counts as the committee’s authorization under any law giving federal courts jurisdiction. The Senate cannot take up a resolution directing such a suit in a committee’s name unless the committee or parent committee reports it by a majority vote with a majority present, and the report explains how the subpoena was issued, how much the person complied, any objections or claimed privileges, and compares bringing a civil suit, certifying criminal contempt, or pursuing Senate contempt. Those reporting rules are part of Senate rules and can be changed by the Senate. A report that follows these rules cannot be used in court, and nothing here limits the President pro tempore from certifying matters under section 194 or the Senate from holding someone in contempt.