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18 USC CHAPTER 601 - IMMUNITY OF WITNESSES 01/06/03

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TITLE 18 - CRIMES AND CRIMINAL PROCEDURE

PART V - IMMUNITY OF WITNESSES

CHAPTER 601 - IMMUNITY OF WITNESSES

.

-HEAD-

CHAPTER 601 - IMMUNITY OF WITNESSES

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Sec.

6001. Definitions.

6002. Immunity generally.

6003. Court and grand jury proceedings.

6004. Certain administrative proceedings.

6005. Congressional proceedings.

AMENDMENTS

1994 - Pub. L. 103-322, title XXXIII, Sec. 330013(1), Sept. 13,

1994, 108 Stat. 2146, added heading for chapter 601.

1970 - Pub. L. 91-452, title II, Sec. 201(a), Oct. 15, 1970, 84

Stat. 926, added part V and items 6001 to 6005.

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18 USC Sec. 6001 01/06/03

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TITLE 18 - CRIMES AND CRIMINAL PROCEDURE

PART V - IMMUNITY OF WITNESSES

CHAPTER 601 - IMMUNITY OF WITNESSES

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Sec. 6001. Definitions

-STATUTE-

As used in this chapter -

(1) ''agency of the United States'' means any executive

department as defined in section 101 of title 5, United States

Code, a military department as defined in section 102 of title 5,

United States Code, the Nuclear Regulatory Commission, the Board

of Governors of the Federal Reserve System, the China Trade Act

registrar appointed under 53 Stat. 1432 (15 U.S.C. sec. 143), the

Commodity Futures Trading Commission, the Federal Communications

Commission, the Federal Deposit Insurance Corporation, the

Federal Maritime Commission, the Federal Power Commission, the

Federal Trade Commission, the Surface Transportation Board, the

National Labor Relations Board, the National Transportation

Safety Board, the Railroad Retirement Board, an arbitration board

established under 48 Stat. 1193 (45 U.S.C. sec. 157), the

Securities and Exchange Commission, or a board established under

49 Stat. 31 (15 U.S.C. sec. 715d);

(2) ''other information'' includes any book, paper, document,

record, recording, or other material;

(3) ''proceeding before an agency of the United States'' means

any proceeding before such an agency with respect to which it is

authorized to issue subpenas and to take testimony or receive

other information from witnesses under oath; and

(4) ''court of the United States'' means any of the following

courts: the Supreme Court of the United States, a United States

court of appeals, a United States district court established

under chapter 5, title 28, United States Code, a United States

bankruptcy court established under chapter 6, title 28, United

States Code, the District of Columbia Court of Appeals, the

Superior Court of the District of Columbia, the District Court of

Guam, the District Court of the Virgin Islands, the United States

Court of Federal Claims, the Tax Court of the United States, the

Court of International Trade, and the Court of Appeals for the

Armed Forces.

-SOURCE-

(Added Pub. L. 91-452, title II, Sec. 201(a), Oct. 15, 1970, 84

Stat. 926; amended Pub. L. 95-405, Sec. 25, Sept. 30, 1978, 92

Stat. 877; Pub. L. 95-598, title III, Sec. 314(l), Nov. 6, 1978, 92

Stat. 2678; Pub. L. 96-417, title VI, Sec. 601(1), Oct. 10, 1980,

94 Stat. 1744; Pub. L. 97-164, title I, Sec. 164(1), Apr. 2, 1982,

96 Stat. 50; Pub. L. 102-550, title XV, Sec. 1543, Oct. 28, 1992,

106 Stat. 4069; Pub. L. 102-572, title IX, Sec. 902(b)(1), Oct. 29,

1992, 106 Stat. 4516; Pub. L. 103-272, Sec. 4(d), July 5, 1994, 108

Stat. 1361; Pub. L. 103-322, title XXXIII, Sec. 330013(2), (3),

Sept. 13, 1994, 108 Stat. 2146; Pub. L. 103-337, div. A, title IX,

Sec. 924(d)(1)(B), Oct. 5, 1994, 108 Stat. 2832; Pub. L. 104-88,

title III, Sec. 303(2), Dec. 29, 1995, 109 Stat. 943.)

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AMENDMENTS

1995 - Par. (1). Pub. L. 104-88 substituted ''Surface

Transportation Board'' for ''Interstate Commerce Commission''.

1994 - Pub. L. 103-322, Sec. 330013(3), substituted ''chapter''

for ''part'' in introductory provisions.

Par. (1). Pub. L. 103-322, Sec. 330013(2), substituted ''Nuclear

Regulatory Commission'' for ''Atomic Energy Commission'' and struck

out ''the Subversive Activities Control Board,'' after ''Securities

and Exchange Commission,''.

Pub. L. 103-272 struck out ''the Civil Aeronautics Board,''

before ''the Commodity Futures''.

Par. (4). Pub. L. 103-337 substituted ''Court of Appeals for the

Armed Forces'' for ''Court of Military Appeals''.

1992 - Par. (1). Pub. L. 102-550 inserted ''the Board of

Governors of the Federal Reserve System,'' after ''the Atomic

Energy Commission,''.

Par. (4). Pub. L. 102-572 substituted ''United States Court of

Federal Claims'' for ''United States Claims Court''.

1982 - Par. (4). Pub. L. 97-164 substituted ''the United States

Claims Court'' for ''the United States Court of Claims, the United

States Court of Customs and Patent Appeals''.

1980 - Par. (4). Pub. L. 96-417 redesignated the Customs Court as

the Court of International Trade.

1978 - Par. (1). Pub. L. 95-405 inserted ''the Commodity Futures

Trading Commission,'' after ''Civil Aeronautics Board,''.

Par. (4). Pub. L. 95-598 inserted ''a United States bankruptcy

court established under chapter 6, title 28, United States Code,''

after ''title 28, United States Code,''.

EFFECTIVE DATE OF 1995 AMENDMENT

Amendment by Pub. L. 104-88 effective Jan. 1, 1996, see section 2

of Pub. L. 104-88, set out as an Effective Date note under section

701 of Title 49, Transportation.

EFFECTIVE DATE OF 1992 AMENDMENT

Amendment by Pub. L. 102-572 effective Oct. 29, 1992, see section

911 of Pub. L. 102-572, set out as a note under section 171 of

Title 28, Judiciary and Judicial Procedure.

EFFECTIVE DATE OF 1982 AMENDMENT

Amendment by Pub. L. 97-164 effective Oct. 1, 1982, see section

402 of Pub. L. 97-164, set out as a note under section 171 of Title

28, Judiciary and Judicial Procedure.

EFFECTIVE DATE OF 1980 AMENDMENT

Amendment by Pub. L. 96-417 effective Nov. 1, 1980, and

applicable with respect to civil actions pending on or commenced on

or after such date, see section 701(a) of Pub. L. 96-417, set out

as a note under section 251 of Title 28, Judiciary and Judicial

Procedure.

EFFECTIVE DATE OF 1978 AMENDMENTS

Amendment by Pub. L. 95-598 effective Oct. 1, 1979, see section

402(a) of Pub. L. 95-598, set out as an Effective Date note

preceding section 101 of Title 11, Bankruptcy.

Amendment by Pub. L. 95-405 effective Oct. 1, 1978, see section

28 of Pub. L. 95-405, set out as a note under section 2 of Title 7,

Agriculture.

EFFECTIVE DATE; SAVINGS PROVISION

Section 260 of Pub. L. 91-452 provided that: ''The provisions of

part V of title 18, United States Code, added by title II of this

Act (this part), and the amendments and repeals made by title II of

this Act (sections 835, 895, 1406, 1954, 2424, 2514 and 3486 of

this title, sections 15, 87f(f), 135c, 499m(f), and 2115 of Title

7, Agriculture, section 25 of former Title 11, Bankruptcy, section

1820 of Title 12, Banks and Banking, sections 32, 33, 49, 77v,

78u(d), 79r(e), 80a-41, 80b-9, 155, 717m, 1271, and 1714 of Title

15, Commerce and Trade, section 825f of Title 16, Conservation,

section 1333 of Title 19, Customs Duties, section 373 of Title 21,

Food and Drugs, sections 4874 and 7493 of Title 26, Internal

Revenue Code, section 161(3) of Title 29, Labor, section 506 of

Title 33, Navigation and Navigable waters, sections 405(f) and 2201

of Title 42, The Public Health and Welfare, sections 157 and 362 of

Title 45, Railroads, sections 827 and 1124 of former Title 46,

Shipping, section 409(l) of Title 47, Telegraphs, Telephones, and

Radiotelegraphs, sections 9, 43, 46, 47, 48, 916, 1017, and 1484 of

former Title 49, Transportation, section 792 of Title 50, War and

National Defense, and sections 643a, 1152, 2026, and 2155(b) of

Title 50, Appendix), shall take effect on the sixtieth day

following the date of the enactment of this Act (Oct. 15, 1970). No

amendment to or repeal of any provision of law under title II of

this Act shall affect any immunity to which any individual is

entitled under such provision by reason of any testimony or other

information given before such day.''

SAVINGS PROVISION

Amendment by section 314 of Pub. L. 95-598 not to affect the

application of chapter 9 (Sec. 151 et seq.), chapter 96 (Sec. 1961

et seq.), or section 2516, 3057, or 3284 of this title to any act

of any person (1) committed before Oct. 1, 1979, or (2) committed

after Oct. 1, 1979, in connection with a case commenced before such

date, see section 403(d) of Pub. L. 95-598, set out as a note

preceding section 101 of Title 11, Bankruptcy.

AMENDMENT OR REPEAL OF INCONSISTENT PROVISIONS

Section 259 of Pub. L. 91-452 provided that: ''In addition to the

provisions of law specifically amended or specifically repealed by

this title (see Effective Date note above), any other provision of

law inconsistent with the provisions of part V of title 18, United

States Code (adding by title II of this Act) (this part), is to

that extent amended or repealed.''

-TRANS-

TERMINATION OF FEDERAL POWER COMMISSION

The Federal Power Commission, referred to in par. (1) was

terminated and the functions, personnel, property, funds, etc.,

thereof were transferred to the Secretary of Energy (except for

certain functions which were transferred to the Federal Energy

Regulatory Commission) by sections 7151(b), 7171(a), 7172(a), 7291,

and 7293 of Title 42, The Public Health and Welfare.

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18 USC Sec. 6002 01/06/03

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TITLE 18 - CRIMES AND CRIMINAL PROCEDURE

PART V - IMMUNITY OF WITNESSES

CHAPTER 601 - IMMUNITY OF WITNESSES

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Sec. 6002. Immunity generally

-STATUTE-

Whenever a witness refuses, on the basis of his privilege against

self-incrimination, to testify or provide other information in a

proceeding before or ancillary to -

(1) a court or grand jury of the United States,

(2) an agency of the United States, or

(3) either House of Congress, a joint committee of the two

Houses, or a committee or a subcommittee of either House,

and the person presiding over the proceeding communicates to the

witness an order issued under this title, the witness may not

refuse to comply with the order on the basis of his privilege

against self-incrimination; but no testimony or other information

compelled under the order (or any information directly or

indirectly derived from such testimony or other information) may be

used against the witness in any criminal case, except a prosecution

for perjury, giving a false statement, or otherwise failing to

comply with the order.

-SOURCE-

(Added Pub. L. 91-452, title II, Sec. 201(a), Oct. 15, 1970, 84

Stat. 927; amended Pub. L. 103-322, title XXXIII, Sec. 330013(4),

Sept. 13, 1994, 108 Stat. 2146.)

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AMENDMENTS

1994 - Pub. L. 103-322 substituted ''under this title'' for

''under this part'' in concluding provisions.

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SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 6003, 6004, 6005 of this

title; title 50 App. section 2411.

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18 USC Sec. 6003 01/06/03

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TITLE 18 - CRIMES AND CRIMINAL PROCEDURE

PART V - IMMUNITY OF WITNESSES

CHAPTER 601 - IMMUNITY OF WITNESSES

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Sec. 6003. Court and grand jury proceedings

-STATUTE-

(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 a court of the United States or a grand jury of the

United States, the United States district court for the judicial

district in which the proceeding is or may be held shall issue, in

accordance with subsection (b) of this section, upon the request of

the United States attorney for such district, 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) A United States attorney may, with the approval of the

Attorney General, the Deputy Attorney General, the Associate

Attorney General, or any designated Assistant Attorney General or

Deputy Assistant Attorney General, request an order under

subsection (a) of this section when in his judgment -

(1) the testimony or other information from such individual may

be necessary to the public interest; and

(2) such individual has refused or is likely to refuse to

testify or provide other information on the basis of his

privilege against self-incrimination.

-SOURCE-

(Added Pub. L. 91-452, title II, Sec. 201(a), Oct. 15, 1970, 84

Stat. 927; amended Pub. L. 100-690, title VII, Sec. 7020(e), Nov.

18, 1988, 102 Stat. 4396; Pub. L. 103-322, title XXXIII, Sec.

330013(4), Sept. 13, 1994, 108 Stat. 2146.)

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AMENDMENTS

1994 - Subsec. (a). Pub. L. 103-322 substituted ''title'' for

''part'' before period at end.

1988 - Subsec. (b). Pub. L. 100-690 inserted '', the Associate

Attorney General'' after ''Deputy Attorney General'', and ''or

Deputy Assistant Attorney General'' after ''Assistant Attorney

General''.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in title 28 section 594.

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18 USC Sec. 6004 01/06/03

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TITLE 18 - CRIMES AND CRIMINAL PROCEDURE

PART V - IMMUNITY OF WITNESSES

CHAPTER 601 - IMMUNITY OF WITNESSES

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Sec. 6004. Certain administrative proceedings

-STATUTE-

(a) In the case of any individual who has been or who may be

called to testify or provide other information at any proceeding

before an agency of the United States, the agency may, with the

approval of the Attorney General, issue, in accordance with

subsection (b) of this section, an order requiring the 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) An agency of the United States may issue an order under

subsection (a) of this section only if in its judgment -

(1) the testimony or other information from such individual may

be necessary to the public interest; and

(2) such individual has refused or is likely to refuse to

testify or provide other information on the basis of his

privilege against self-incrimination.

-SOURCE-

(Added Pub. L. 91-452, title II, Sec. 201(a), Oct. 15, 1970, 84

Stat. 927; amended Pub. L. 103-322, title XXXIII, Sec. 330013(4),

Sept. 13, 1994, 108 Stat. 2146.)

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AMENDMENTS

1994 - Subsec. (a). Pub. L. 103-322 substituted ''title'' for

''part'' before period at end.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in title 15 section 57b-1; title 28

section 594.

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18 USC Sec. 6005 01/06/03

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TITLE 18 - CRIMES AND CRIMINAL PROCEDURE

PART V - IMMUNITY OF WITNESSES

CHAPTER 601 - IMMUNITY OF WITNESSES

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Sec. 6005. Congressional proceedings

-STATUTE-

(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.

-SOURCE-

(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.)

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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.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

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

section 594.

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