US LAWS, STATUTES & CODES ON-LINE

US Supreme Court Decisions On-Line | US Laws



§ 6005. —  Congressional proceedings.



[Laws in effect as of January 7, 2003]
[Document not affected by Public Laws enacted between
  January 7, 2003 and December 19, 2003]
[CITE: 18USC6005]

 
                 TITLE 18--CRIMES AND CRIMINAL PROCEDURE
 
                      PART V--IMMUNITY OF WITNESSES
 
                   CHAPTER 601--IMMUNITY OF WITNESSES
 
Sec. 6005. Congressional proceedings

    (a) In the case of any individual who has been or may be called to 
testify or provide other information at any proceeding before or 
ancillary to either House of Congress, or any committee, or any 
subcommittee of either House, or any joint committee of the two Houses, 
a United States district court shall issue, in accordance with 
subsection (b) of this section, upon the request of a duly authorized 
representative of the House of Congress or the committee concerned, an 
order requiring such individual to give testimony or provide other 
information which he refuses to give or provide on the basis of his 
privilege against self-incrimination, such order to become effective as 
provided in section 6002 of this title.
    (b) Before issuing an order under subsection (a) of this section, a 
United States district court shall find that--
        (1) in the case of a proceeding before or ancillary to either 
    House of Congress, the request for such an order has been approved 
    by an affirmative vote of a majority of the Members present of that 
    House;
        (2) in the case of a proceeding before or ancillary to a 
    committee or a subcommittee of either House of Congress or a joint 
    committee of both Houses, the request for such an order has been 
    approved by an affirmative vote of two-thirds of the members of the 
    full committee; and
        (3) ten days or more prior to the day on which the request for 
    such an order was made, the Attorney General was served with notice 
    of an intention to request the order.

    (c) Upon application of the Attorney General, the United States 
district court shall defer the issuance of any order under subsection 
(a) of this section for such period, not longer than twenty days from 
the date of the request for such order, as the Attorney General may 
specify.

(Added Pub. L. 91-452, title II, Sec. 201(a), Oct. 15, 1970, 84 Stat. 
928; amended Pub. L. 103-322, title XXXIII, Sec. 330013(4), Sept. 13, 
1994, 108 Stat. 2146; Pub. L. 104-292, Sec. 5, Oct. 11, 1996, 110 Stat. 
3460; Pub. L. 104-294, title VI, Sec. 605(o), Oct. 11, 1996, 110 Stat. 
3510.)


                               Amendments

    1996--Subsec. (a). Pub. L. 104-292, Sec. 5(1), inserted ``or 
ancillary to'' after ``any proceeding before''.
    Subsec. (b)(1), (2). Pub. L. 104-292, Sec. 5(2)(A), inserted ``or 
ancillary to'' after ``a proceeding before''.
    Subsec. (b)(3). Pub. L. 104-292, Sec. 5(2)(B), and Pub. L. 104-294, 
amended par. (3) identically, inserting period at end.
    1994--Subsec. (a). Pub. L. 103-322 substituted ``title'' for 
``part'' before period at end.

                  Section Referred to in Other Sections

    This section is referred to in title 2 section 288f; title 28 
section 594.


chanrobles.com.Com


ChanRobles Legal Resources:

ChanRobles On-Line Bar Review

ChanRobles Internet Bar Review : www.chanroblesbar.com

ChanRobles MCLE On-line

ChanRobles Lawnet Inc. - ChanRobles MCLE On-line : www.chanroblesmcleonline.com