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Criminal Law: US Code, Part IV
Nota: Rule significa "Federal Rules for Criminal Procedure".
Estas varian de acuerdo a cada Estado.
CHAPTER 211 - JURISDICTION AND VENUE
Section 3231. District Courts
Section 3232. District Of Offense - (Rule)
Section 3233. Transfer Within District - (Rule)
Section 3234. Change Of Venue To Another District - (Rule)
Section 3235. Venue In Capital Cases
Section 3236. Murder Or Manslaughter
Section 3237. Offenses Begun In One District And Completed In Another
Section 3238. Offenses Not Committed In Any District
Section 3239. Optional Venue For Espionage And Related Offenses
Section 3240. Creation Of New District Or Division
Section 3241. Jurisdiction Of Offenses Under Certain Sections
Section 3242. Indians Committing Certain Offenses; Acts On Reservations
Section 3243. Jurisdiction Of State Of Kansas Over Offenses Committed
By Or Against Indians On Indian Reservations
Section 3244. Jurisdiction Of Proceedings Relating To Transferred Offenders
Section 3231. District courts
The district courts of the United States shall have original jurisdiction,
exclusive of the courts of the States, of all offenses against the laws
of the United States. Nothing in this title shall be held to take away
or impair the jurisdiction of the courts of the several States under the
laws
thereof.
Section 3235. Venue in capital cases
The trial of offenses punishable with death shall be had in the county
where the offense was committed, where that can be done without great
inconvenience.
Section 3236. Murder or manslaughter
In all cases of murder or manslaughter, the offense shall be deemed
to have been committed at the place where the injury was inflicted, or
the poison administered or other means employed which caused the death,
without regard to the place where the death occurs.
Section 3237. Offenses begun in one district
and completed in another
(a) Except as otherwise expressly provided by enactment of Congress,
any offense against the United States begun in one district and completed
in another, or committed in more than one district, may be inquired of
and prosecuted in any district in which such offense was begun, continued,
or completed. Any offense involving the use of the mails, transportation
in
interstate or foreign commerce, or the importation of an object or person
into the United States is a continuing offense and, except as otherwise
expressly provided by enactment of Congress, may be inquired of and prosecuted
in any district from, through, or into which such commerce, mail matter,
or imported object or person moves.
(b) Notwithstanding subsection (a), where an offense is described in section
7203 of the Internal Revenue Code of 1986, or where venue for prosecution
of an offense described in section 7201 or 7206(1), (2), or (5) of such
Code (whether or not the offense is also described in another provision
of law) is based solely on a mailing to the Internal Revenue Service,
and prosecution is begun in a judicial district other than the judicial
district in which the defendant resides, he may upon motion filed in the
district in which the prosecution is begun, elect to be tried in the district
in which he was residing at the time the alleged offense was committed:
Provided, That the motion is filed within twenty days after arraignment
of the defendant upon indictment or information
CHAPTER 215 - GRAND JURY
Section 3321. Number Of Grand Jurors; Summoning
Additional Jurors
Section 3322. Disclosure Of Certain Matters Occurring Before Grand Jury
Section 3323 to 3328. Repealed. Pub. L. 101-73, Title Ix, Sec. 964(A),
Aug. 9, 1989, 103 Stat. 505
Section 3321. Number of grand jurors; summoning
additional jurors
Every grand jury impaneled before any district court shall consist of
not less than sixteen nor more than twenty-three persons. If less than
sixteen of the persons summoned attend, they shall be placed on the grand
jury, and the court shall order the marshal to summon, either immediately
or for a day fixed, from the body of the district, and not from the bystanders,
a sufficient number of persons to complete the grand jury. Whenever a
challenge to a grand juror is allowed, and there are not in attendance
other jurors sufficient to complete the grand jury, the court shall make
a like order to the marshal to summon a sufficient number of persons for
that purpose.
Section 3322. Disclosure of certain matters occurring
before grand jury
(a) A person who is privy to grand jury information -
(1) received in the course of duty as an attorney for the government;
or
(2) disclosed under rule 6(e)(3)(A)(ii) of the Federal Rules of Criminal
Procedure;
may disclose that information to an attorney for the government for use
in enforcing section 951 of the Financial Institutions Reform, Recovery
and Enforcement Act of 1989 or for use in connection with any civil forfeiture
provision of Federal law.
(b)(1) Upon motion of an attorney for the government, a court may direct
disclosure of matters occurring before a grand jury during an investigation
of a banking law violation to identified personnel of a Federal or State
financial institution regulatory agency -
(A) for use in relation to any matter within the jurisdiction of such
regulatory agency; or
(B) to assist an attorney for the government to whom matters have been
disclosed under subsection (a).
(2) A court may issue an order under paragraph (1) at any time during
or after the completion of the investigation of the grand jury, upon a
finding of a substantial need.
(c) A person to whom matter has been disclosed under this section shall
not use such matter other than for the purpose for which such disclosure
was authorized.
(d) As used in this section -
(1) the term ''banking law violation'' means a violation of, or a conspiracy
to violate -
(A) section 215, 656, 657, 1005, 1006, 1007, 1014, or 1344; or
(B) section 1341 or 1343 affecting a financial institution;
(2) the term ''attorney for the government'' has the meaning given such
term in the Federal Rules of Criminal Procedure; and
(3) the term ''grand jury information'' means matters occurring before
a grand jury other than the deliberations of the grand jury or the vote
of any grand juror.
CHAPTER 216 - SPECIAL GRAND JURY
Section 3331. Summoning And Term
Section 3332. Powers And Duties
Section 3333. Reports
Section 3334. General Provisions
Section 3331. Summoning and term
(a) In addition to such other grand juries as shall be called from time
to time, each district court which is located in a judicial district containing
more than four million inhabitants or in which the Attorney General, the
Deputy Attorney General, the Associate Attorney General, or any designated
Assistant Attorney General, certifies in writing to the chief judge of
the district that in his judgment a special grand jury is necessary because
of
criminal activity in the district shall order a special grand jury to
be summoned at least once in each period of eighteen months unless another
special grand jury is then serving. The grand jury shall serve for a term
of eighteen months unless an order for its discharge is entered earlier
by the court upon a determination of the grand jury by majority vote that
its business has been completed. If, at the end of such term or any extension
thereof the district court determines the business of the grand jury has
not been completed, the court may enter an order extending such term for
an additional period of six months. No special grand jury term so extended
shall exceed thirty-six months, except as provided in subsection (e) of
section 3333 of this chapter.
(b) If a district court within any judicial circuit fails to extend the
term of a special grand jury or enters an order for the discharge of such
grand jury before such grand jury determines that it has completed its
business, the grand jury, upon the affirmative vote of a majority of its
members, may apply to the chief judge of the circuit for an order for
the continuance of the term of the grand jury. Upon the making of such
an application by the grand jury, the term thereof shall continue until
the entry upon such
application by the chief judge of the circuit o an appropriate order.
No special grand jury term so extended shall exceed thirty-six months,
except as provided in subsection (e) of section 3333 of this chapter.
Section 3332. Powers and duties
(a) It shall be the duty of each such grand jury impaneled within any
judicial district to inquire into offenses against the criminal laws of
the United States alleged to have been committed within that district.
Such alleged offenses may be brought to the attention of the grand jury
by the court or by any attorney appearing on behalf of the United States
for the presentation of evidence. Any such attorney receiving information
concerning such an alleged offense from any other person shall, if requested
by such other person, inform the grand jury of such alleged offense, the
identity of such other person, and such attorney's action or
recommendation.
(b) Whenever the district court determines that the volume of business
of the special grand jury exceeds the capacity of the grand jury to discharge
its obligations, the district court may order an additional special grand
jury for that district to be impaneled.
Section 3333. Reports
(a) A special grand jury impaneled by any district court, with the concurrence
of a majority of its members, may, upon completion of its original term,
or each extension thereof, submit to the court a report -
(1) concerning noncriminal misconduct, malfeasance, or misfeasance in
office involving organized criminal activity by an appointed public officer
or employee as the basis for a recommendation of removal or disciplinary
action; or
(2) regarding organized crime conditions in the district.
(b) The court to which such report is submitted shall examine it and the
minutes of the special grand jury and, except as otherwise provided in
subsections (c) and (d) of this section, shall make an order accepting
and filing such report as a public record only if the court is satisfied
that it complies with the provisions of subsection (a) of this section
and that -
(1) the report is based upon facts revealed in the course of an investigation
authorized by subsection (a) of section 3332 and is
supported by the preponderance of the evidence; and
(2) when the report is submitted pursuant to paragraph (1) of subsection
(a) of this section, each person named therein and any reasonable number
of witnesses in his behalf as designated by him to the foreman of the
grand jury were afforded an opportunity to testify before the grand jury
prior to the filing of such report, and when the report is submitted pursuant
to paragraph (2) of subsection (a) of this section, it is not critical
of an
identified person.
(c)(1) An order accepting a report pursuant to paragraph (1) of subsection
(a) of this section and the report shall be sealed by the court and shall
not be filed as a public record or be subject to subpena or otherwise
made public (i) until at least thirty-one days after a copy of the order
and report are served upon each public officer or employee named therein
and an answer has been filed or the time for filing an answer has expired,
or (ii) if an appeal is taken, until all rights of review of the public
officer or employee named therein have expired or terminated in an order
accepting the report. No order accepting a report pursuant to paragraph
(1) of subsection (a) of this section shall be entered until thirty days
after the delivery of such report to the public officer or body pursuant
to paragraph (3) of subsection (c) of this section. The court may issue
such orders as it shall deem appropriate to prevent unauthorized publication
of a report. Unauthorized publication may be punished as contempt of the
court.
(2) Such public officer or employee may file with the clerk a verified
answer to such a report not later than twenty days after service of the
order and report upon him. Upon a showing of good cause, the court may
grant such public officer or employee an extension of time within which
to file such answer and may authorize such limited publication of the
report as may be
necessary to prepare such answer. Such an answer shall plainly and concisely
state the facts and law constituting the defense of the public officer
or employee to the charges in said report, and, except for those parts
thereof which the court determines to have been inserted scandalously,
prejudiciously, or unnecessarily, such answer shall become an appendix
to the report.
(3) Upon the expiration of the time set forth in paragraph (1) of subsection
(c) of this section, the United States attorney shall deliver a true copy
of such report, and the appendix, if any, for appropriate action to each
public officer or body having jurisdiction, responsibility, or authority
over each public officer or employee named in the report.
(d) Upon the submission of a report pursuant to subsection (a) of this
section, if the court finds that the filing of such report as a public
record may prejudice fair consideration of a pending criminal matter,
it shall order such report sealed and such report shall not be subject
to subpena or public inspection during the pendency of such criminal matter,
except upon order of the court.
(e) Whenever the court to which a report is submitted pursuant to paragraph
(1) of subsection (a) of this section is not satisfied that the report
complies with the provisions of subsection (b) of this section, it may
direct that additional testimony be taken before the same grand jury,
or it shall make an order sealing such report, and it shall not be filed
as a public record or be subject to subpena or otherwise made public until
the provisions of subsection (b) of this section are met. A special grand
jury term may be extended by the district court beyond thirty-six months
in
order that such additional testimony may be taken or the provisions
of subsection (b) of this section may be met.
(f) As used in this section, ''public officer or employee'' means any
officer or employee of the United States, any State, the District of Columbia,
the Commonwealth of Puerto Rico, any territory or possession of the United
States, or any political subdivision, or any department, agency, or instrumentality
thereof.
Section 3334. General provisions
The provisions of chapter 215, title 18, United States Code, and the
Federal Rules of Criminal Procedure applicable to regular grand juries
shall apply to special grand juries to the extent not inconsistent with
sections 3331, 3332, or 3333 of this chapter
CHAPTER 219 - TRIAL BY UNITED STATES MAGISTRATE
JUDGES
Section 3401. Misdemeanors; Application Of Probation
Laws
Section 3402. Rules Of Procedure, Practice And Appeal
Section 3401. Misdemeanors; application of probation
laws
(a) When specially designated to exercise such jurisdiction by the district
court or courts he serves, any United States magistrate judge shall have
jurisdiction to try persons accused of, and sentence persons convicted
of, misdemeanors committed within that judicial district.
(b) Any person charged with a misdemeanor, other than a petty offense
may elect, however, to be tried before a district judge for the district
in which the offense was committed. The magistrate judge shall carefully
explain to the defendant that he has a right to trial, judgment, and sentencing
by a district judge and that he may have a right to trial by jury before
a district judge or magistrate judge. The magistrate judge may not proceed
to try the case unless the defendant, after such explanation, expressly
consents to be tried before the magistrate judge and expressly and specifically
waives trial, judgment, and sentencing by a district
judge. Any such consent and waiver shall be made in writing or orally
on the record.
(c) A magistrate judge who exercises trial jurisdiction under this section,
and before whom a person is convicted or pleads either guilty or nolo
contendere, may, with the approval of a judge of the district court, direct
the probation service of the court to conduct a presentence investigation
on that person and render a report to the magistrate judge prior to the
imposition of sentence.
(d) The probation laws shall be applicable to persons tried by a magistrate
judge under this section, and such officer shall have power to grant probation
and to revoke, modify, or reinstate the probation of any person granted
probation by a magistrate judge.
(e) Proceedings before United States magistrate judges under this section
shall be taken down by a court reporter or recorded by suitable sound
recording equipment. For purposes of appeal a copy of the record of such
proceedings shall be made available at the expense of the United States
to a person who makes affidavit that he is unable to pay or give security
therefor, and the expense of such copy shall be paid by the Director of
the Administrative Office of the United States Courts.
(f) The district court may order that proceedings in any misdemeanor case
be conducted before a district judge rather than a United States magistrate
judge upon the court's own motion or, for good cause shown, upon petition
by the attorney for the Government. Such petition should note the novelty,
importance, or complexity of the case, or other pertinent factors, and
be filed in accordance with regulations promulgated by the Attorney General.
(g) The magistrate judge may, in a petty offense case involving a juvenile,
exercise all powers granted to the district court under chapter 403 of
this title. The magistrate judge may, in the case of any misdemeanor,
other than a petty offense, involving a juvenile in which consent to trial
before a magistrate judge has been filed under subsection (b), exercise
all powers granted to the district court under chapter 403 of this title.
For purposes of
this subsection proceedings under chapter 403 of this title may be
instituted against a juvenile by a violation notice or complaint, except
that no such case may proceed unless the certification referred to in
section 5032 of this title has been filed in open court at the arraignment.
(h) The magistrate judge shall have power to modify, revoke, or terminate
supervised release of any person sentenced to a term of supervised release
by a magistrate judge.
(i) A district judge may designate a magistrate judge to conduct hearings
to modify, revoke, or terminate supervised release, including evidentiary
hearings, and to submit to the judge proposed findings of fact and recommendations
for such modification, revocation, or termination by the judge, including,
in the case of revocation, a recommended disposition under section 3583(e)
of this title. The magistrate judge shall file his or her proposed findings
and recommendations.
CHAPTER 225 - VERDICT
Section 3531. Return; Several Defendants; Conviction Of Less Offense;
Poll Of Jury - (Rule)
Section 3532. Setting Aside Verdict Of Guilty; Judgment Notwithstanding
Verdict - (Rule)
CHAPTER 227 - SENTENCES
Subchapter A. General Provisions
Subchapter B. Probation
Subchapter C. Fines
Subchapter D. Imprisonment
CHAPTER 233 - CONTEMPTS
Section 3691. Jury Trial Of Criminal Contempts
Section 3692. Jury Trial For Contempt In Labor Dispute
Cases
Section 3693. Summary Disposition Or Jury Trial; Notice - (Rule)
Section 3691. Jury trial of criminal contempts
Whenever a contempt charged shall consist in willful disobedience of
any lawful writ, process, order, rule, decree, or command of any district
court of the United States by doing or omitting any act or thing in violation
thereof, and the act or thing done or omitted also constitutes a criminal
offense under any Act of Congress, or under the laws of any state in which
it was done or omitted, the accused, upon demand therefor, shall be entitled
to trial by a jury, which shall conform as near as may be to the practice
in other criminal cases.
This section shall not apply to contempts committed in the presence of
the court, or so near thereto as to obstruct the administration of justice,
nor to contempts committed in disobedience of any lawful writ, process,
order, rule, decree, or command entered in any suit or action brought
or prosecuted in the name of, or on behalf of, the United States.
Section 3692. Jury trial for contempt in labor
dispute cases
In all cases of contempt arising under the laws of the United States
governing the issuance of injunctions or restraining orders in any case
involving or growing out of a labor dispute, the accused shall enjoy the
right to a speedy and public trial by an impartial jury of the State and
district wherein the contempt shall have been committed.
This section shall not apply to contempts committed in the presence of
the court or so near thereto as to interfere directly with the administration
of justice nor to the misbehavior, misconduct, or disobedience of any
officer of the court in respect to the writs, orders or process of the
court.
CHAPTER 235 - APPEAL
Section 3731. Appeal By United States
Section 3732. Taking Of Appeal; Notice; Time - (Rule)
Section 3733. Assignment Of Errors - (Rule)
Section 3734. Bill Of Exceptions Abolished - (Rule)
Section 3735. Bail On Appeal Or Certiorari - (Rule)
Section 3736. Certiorari - (Rule)
Section 3737. Record - (Rule)
Section 3738. Docketing Appeal And Record - (Rule)
Section 3739. Supervision - (Rule)
Section 3740. Argument - (Rule)
Section 3741. Harmless Error And Plain Error - (Rule)
Section 3742. Review Of A Sentence
Section 3731. Appeal by United States
In a criminal case an appeal by the United States shall lie to a court
of appeals from a decision, judgment, or order of a district court dismissing
an indictment or information or granting a new trial after verdict or
judgment, as to any one or more counts, except that no appeal shall lie
where the double jeopardy clause of the United States Constitution prohibits
further prosecution. An appeal by the United States shall lie to a court
of appeals
from a decision or order of a district court suppressing or excluding
evidence or requiring the return of seized property in a criminal proceeding,
not made after the defendant has been put in jeopardy and before the verdict
or finding on an indictment or information, if the United States attorney
certifies to the district court that the appeal is not taken for purpose
of delay and that the evidence is a substantial proof of a fact material
in the proceeding. An appeal by the United States shall lie to a court
of appeals from a decision or order, entered by a district court of the
United States, granting the release of a person charged with or convicted
of an offense, or denying a motion for revocation of, or modification
of the conditions of, a decision or order granting release.
The appeal in all such cases shall be taken within thirty days after the
decision, judgment or order has been rendered and shall be diligently
prosecuted.
The provisions of this section shall be liberally construed to effectuate
its purposes.
Section 3742. Review of a sentence
(a) Appeal by a Defendant. - A defendant may file a notice of appeal
in the district court for review of an otherwise final sentence if the
sentence -
(1) was imposed in violation of law;
(2) was imposed as a result of an incorrect application of the sentencing
guidelines; or
(3) is greater than the sentence specified in the applicable guideline
range to the extent that the sentence includes a greater fine or term
of imprisonment, probation, or supervised release than the maximum established
in the guideline range, or includes a more limiting condition of probation
or supervised release under section 3563(b)(6) or (b)(11) (FOOTNOTE 1)
than the maximum established in the guideline range; or
(FOOTNOTE 1) See References in Text note below.
(4) was imposed for an offense for which there is no sentencing guideline
and is plainly unreasonable.
(b) Appeal by the Government. - The Government may file a notice of appeal
in the district court for review of an otherwise final sentence if the
sentence -
(1) was imposed in violation of law;
(2) was imposed as a result of an incorrect application of the sentencing
guidelines;
(3) is less than the sentence specified in the applicable guideline range
to the extent that the sentence includes a lesser fine or term of imprisonment,
probation, or supervised release than the minimum established in the guideline
range, or includes a less limiting condition of probation or supervised
release under section 3563(b)(6) or (b)(11) (FOOTNOTE 1) than the minimum
established in the guideline range; or
(4) was imposed for an offense for which there is no sentencing guideline
and is plainly unreasonable.
The Government may not further prosecute such appeal without the personal
approval of the Attorney General, the Solicitor General, or a deputy solicitor
general designated by the Solicitor General.
(c) Plea Agreements. - In the case of a plea agreement that includes
a specific sentence under rule 11(e)(1)(C) of the Federal Rules of Criminal
Procedure
(1) a defendant may not file a notice of appeal under paragraph (3) or
(4) of subsection (a) unless the sentence imposed is greater than the
sentence set forth in such agreement; and
(2) the Government may not file a notice of appeal under paragraph (3)
or (4) of subsection (b) unless the sentence imposed is less than the
sentence set forth in such agreement.
(d) Record on Review. - If a notice of appeal is filed in the district
court pursuant to subsection (a) or (b), the clerk shall certify to the
court of appeals -
(1) that portion of the record in the case that is designated as pertinent
by either of the parties;
(2) the presentence report; and
(3) the information submitted during the sentencing proceeding.
(e) Consideration. - Upon review of the record, the court of appeals shall
determine whether the sentence -
(1) was imposed in violation of law;
(2) was imposed as a result of an incorrect application of the sentencing
guidelines;
(3) is outside the applicable guideline range, and is unreasonable, having
regard for -
(A) the factors to be considered in imposing a sentence, as set forth
in chapter 227 of this title; and
(B) the reasons for the imposition of the particular sentence, as stated
by the district court pursuant to the provisions of section 3553(c); or
(4) was imposed for an offense for which there is no applicable sentencing
guideline and is plainly unreasonable.
The court of appeals shall give due regard to the opportunity of the district
court to judge the credibility of the witnesses, and shall accept the
findings of fact of the district court unless they are clearly erroneous
and shall give due deference to the district court's application of the
guidelines to the facts.
(f) Decision and Disposition. - If the court of appeals determines that
the sentence -
(1) was imposed in violation of law or imposed as a result of an incorrect
application of the sentencing guidelines, the court shall remand the case
for further sentencing proceedings with such instructions as the court
considers appropriate;
(2) is outside the applicable guideline range and is unreasonable or was
imposed for an offense for which there is no applicable sentencing guideline
and is plainly unreasonable, it shall state specific reasons for its conclusions
and -
(A) if it determines that the sentence is too high and the appeal has
been filed under subsection (a), it shall set aside the sentence and remand
the case for further sentencing proceedings with such instructions as
the court considers appropriate;
(B) if it determines that the sentence is too low and the appeal has
been filed under subsection (b), it shall set aside the sentence and remand
the case for further sentencing proceedings with such instructions as
the court considers appropriate;
(3) is not described in paragraph (1) or (2), it shall affirm the sentence.
(g) Application to a Sentence by a Magistrate Judge. - An appeal of an
otherwise final sentence imposed by a United States magistrate judge may
be taken to a judge of the district court, and this section shall apply
(except for the requirement of approval by the Attorney General or the
Solicitor General in the case of a Government appeal) as though the appeal
were to a court of appeals from a sentence imposed by a district court.
(h) Guideline Not Expressed as a Range. - For the purpose of this
section, the term ''guideline range'' includes a guideline range
having the same upper and lower limits.
PART V - IMMUNITY OF WITNESSES
Chapter 601. Immunity Of Witnesses
CHAPTER 601 - IMMUNITY OF WITNESSES
Section 6001. Definitions
Section 6002. Immunity Generally
Section 6003. Court And Grand Jury Proceedings
Section 6004. Certain Administrative Proceedings
Section 6005. Congressional Proceedings
Appendix 18. Appendix
Section 6002. Immunity generally
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.
Section 6003. Court and grand jury 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
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.
Section 6004. Certain administrative proceedings
(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.
Section 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.
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