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Title 28 — Judiciary and Judicial ProcedureRelease 119-73not60

§1365 Senate Actions

Title 28 › Part IV— JURISDICTION AND VENUE › Chapter 85— DISTRICT COURTS; JURISDICTION › § 1365

Last updated Apr 5, 2026|Official source

Summary

The U.S. District Court for the District of Columbia must hear civil cases the Senate, or a Senate committee or subcommittee it authorizes, brings to make someone obey a Senate subpoena or order, to get a court ruling on one, or to stop a threatened refusal to comply. This applies when the subpoena or order seeks documents, answers to written questions, depositions, testimony, or any mix of those, and when it is directed to a person or to an entity acting under state law. It does not apply to subpoenas to federal executive officers or employees acting in their official roles, except when the refusal is based on a personal privilege or objection and not on a government privilege approved by the executive branch. If the Senate asks, the court must order the person or entity to comply immediately. Ignoring that court order can lead to a contempt hearing that the court will decide quickly to force compliance. Court papers can be served where the person lives, does business, or can be found, and witness subpoenas can reach other districts. The court cannot block or change a Senate subpoena or order. A case or contempt action does not end when the Senate adjourns sine die if the Senate or its committee certifies it still wants the material. The Senate may pick lawyers to represent it. “Committee” means standing, select, or special committees set up by law or resolution. Actions under this rule cannot be started under the Senate Standing Order (S. Jour. 572, May 28, 1928).

Full Legal Text

Title 28, §1365

Judiciary and Judicial Procedure — Source: USLM XML via OLRC

(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 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, § 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.

Legislative History

Notes & Related Subsidiaries

Editorial Notes

Amendments

1996—Subsec. (a). Pub. L. 104–292 substituted “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” for “Federal Government acting within his official capacity”. 1984—Subsec. (c). Pub. L. 98–620 struck out subsec. (c) which provided that in any civil action or contempt proceeding brought pursuant to this section, the court had to assign the action or proceeding for hearing at the earliest practicable date and cause the action or proceeding in every way to be expedited, and that any appeal or petition for review from any order or judgment in such action or proceeding had to be expedited in the same manner.

Statutory Notes and Related Subsidiaries

Effective Date

of 1984 AmendmentAmendment by Pub. L. 98–620 not applicable to cases pending on Nov. 8, 1984, see section 403 of Pub. L. 98–620, set out as an

Effective Date

note under section 1657 of this title.

Effective Date

Section effective Jan. 3, 1979, see section 717 of Pub. L. 95–521, set out as a note under section 288 of Title 2, The Congress.

Reference

Citations & Metadata

Citation

28 U.S.C. § 1365

Title 28 — Judiciary and Judicial Procedure

Last Updated

Apr 5, 2026

Release point: 119-73not60