§6005 — Title 18 Crimes and Criminal Procedure | U.S. Code

Summary

A U.S. district court must order a person to testify or give information at a congressional hearing if an authorized representative of the House or a committee asks for that order and the person is refusing to speak because of the right against self-incrimination. The order will take effect under other rules in the law. Before the court issues the order it must find that the request was approved by a majority of members present if it was made by a whole House, or by two‑thirds of the full committee if it was made by a committee or subcommittee, and that the Attorney General was given notice at least ten days before the request. If the Attorney General asks, the court must delay the order for up to twenty days from the date of the request.

Title 18, §6005

Crimes and Criminal Procedure — Source: USLM XML via OLRC

(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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Editorial Notes

Amendments

1996—Subsec. (a). Pub. L. 104–292, § 5(1), inserted “or ancillary to” after “any proceeding before”. Subsec. (b)(1), (2). Pub. L. 104–292, § 5(2)(A), inserted “or ancillary to” after “a proceeding before”. Subsec. (b)(3). Pub. L. 104–292, § 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.

§6005 Congressional Proceedings

Summary

Title 18, §6005

Notes & Related Subsidiaries

Editorial Notes

Amendments

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