Page:United States Statutes at Large Volume 68 Part 1.djvu/777

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68 S T A T. ]

Public Law 600

745

PUBLIC LAW 600-AUG. 20, 1954 C H A P T E R 769

AN ACT To permit the compelling of testimony under certain conditions and to grant immunity from prosecution in connection therewith.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled. That title 18, United States Code, section 3486, is amended to read as follows: "§ 3486. Compelled testimony tending to incriminate witnesses; immunity "(a) I n the course of any investigation relating to any interference with or endangering of, or any plans or attempts to interfere with or endanger the national security or defense of the United States by treason, sabotage, espionage, sedition, seditious conspiracy or the overthrow of its Government by force or violence, no witness shall be excused from testifying or from producing books, papers, or other evidence before either House, or before any committee of either House, or before any joint committee of the two Houses of Congress on the ground that the testimony or evidence required of him may tend to incriminate him or subject him to a penalty or forfeiture,, when the record shows that— "(1) in the case of proceedings before one of the Houses of Congress, that a majority of the members present of that House; or "(2) in the case of proceedings before a committee, that twothirds of the members of the full committee shall by affirmative vote have authorized such witness to be granted immunity under this section with respect to the transactions, matters, or things concerning which he is compelled, after having claimed his privilege against self-incrimination to testify or produce evidence by direction of the presiding officer and that an order of the United States district court for the district wherein the inquiry is being carried on has been entered into the record requiring said person to testify or produce evidence. Such an order may be issued by a United States district court judge upon application by a duly authorized representative of the Congress or of the committee concerned. But no such witness shall be prosecuted or subjected to any penalty or forfeiture for or on account of any transaction, matter, or thing concerning which he is so compelled, after having claimed his privilege against self-incrimination, to testify or produce evidence, nor shall testimony so compelled be used as evidence in any criminal proceeding (except prosecutions described in subsection (d) hereof) against him in any court. "(b) Neither House nor any committee thereof nor any joint committee of the two Houses of Congress shall grant immunity to any witness without first having notified the Attorney General of the United States of such action and thereafter having secured the approval of the United States district court for the district wherein such inquiry is being held. The Attorney General of the United States shall be notified of the time of each proposed application to the United States district court and shall be given the opportunity to be heard with respect thereto prior to the entrance into the record of the order of the district court. "(c) Whenever in the judgment of a United States attorney the testimony of any witness, or the production of books, papers, or other evidence by any witness, in any case or proceeding before any grand jury or court of the United States involving any interference with or endangering of, or any plans or attempts to interfere with or endanger,

August 20, 1954 [S. 16]

Witnesses b efore Congress. Immunity. 62 Stat. 833.