§884 — Title 21 Food and Drugs | U.S. Code

Summary

If someone refuses to testify in a federal court or grand jury because they say it could incriminate them, a judge can order them to testify and they must obey. Anything they are forced to say, and anything found by using that forced testimony, cannot be used against them in a criminal case (including state trials), except if they are later prosecuted for perjury, making a false statement, or for failing to follow the judge’s order. The U.S. district court where the proceeding is or may be held must issue that order if the U.S. attorney for that district asks for it. A U.S. attorney can only ask after getting approval from the Attorney General, the Deputy Attorney General, the Associate Attorney General, or an Assistant Attorney General the Attorney General names, and only when the attorney believes the testimony is needed for the public interest and the person has refused or is likely to refuse.

Title 21, §884

Food and Drugs — Source: USLM XML via OLRC

(a)Whenever a witness refuses, on the basis of his privilege against self-incrimination, to testify or provide other information in a proceeding before a court or grand jury of the United States, involving a violation of this subchapter, and the person presiding over the proceeding communicates to the witness an order issued under this section, 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 issued under subsection (b) of this section or any information obtained by the exploitation of such testimony or other information, may be used against the witness in any criminal case, including any criminal case brought in a court of a State, except a prosecution for perjury, giving a false statement, or otherwise failing to comply with the order.

(b)In the case of any individual who has been or may be called to testify or provide other information at any proceeding before a court or 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, upon the request of the United States attorney for such district, an order requiring such individual to give any testimony or provide any other information which he refuses to give or provide on the basis of his privilege against self-incrimination.

(c)A United States attorney may, with the approval of the Attorney General or the Deputy Attorney General, the Associate Attorney General, or any Assistant Attorney General designated by the Attorney General, request an order under subsection (b) 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.

Editorial Notes

Amendments

1988—Subsec. (c). Pub. L. 100–690 inserted reference to Associate Attorney General.

§884 Immunity and Privilege

Summary

Title 21, §884

Notes & Related Subsidiaries

Editorial Notes

Amendments

Citations & Metadata