A US Senate committee has voted to hold former top health official Anthony Fauci in contempt of Congress after he refused to answer questions during a hearing focused on his handling of the COVID-19 pandemic.

The vote - which fell along party lines - means that the committee will refer the case to the justice department for potential prosecution for failing to comply with a congressional subpoena.

It is unclear if the department will do so.

Fauci invoked his constitutional right against self-incrimination more than 100 times during his testimony last week, drawing the ire of Republican lawmakers.

Former President Joe Biden gave Fauci a pre-emptive pardon on his last day in office in 2025, protecting him from federal prosecution for his actions between 2014 and 2025.

Fauci could, however, still face charges for anything after that date, including contempt of Congress.

Additionally, he could still be subject to state or local charges that are not covered by the pardon.

"The chair directed Anthony Fauci to answer. He refused," Kentucky Republican Rand Paul said ahead of the vote. "That is what we are voting on today — not his opinions, not his policies, not anything he said from the podium six years ago. "

"We are voting on whether a witness who has received the benefit of a federal pardon can be ordered by this committee to answer questions and then defy that order without consequence," he added.