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18 U.S.C. § 6005 — Congressional proceedings

submitted 56 years ago by Pub. L. 91-452 to r/title-18-CRIMES-AND-CRIMINAL-PROCEDURE · 310 words · no verdicts yet

in plain englishAI-generated · not legal advice

A federal district court must issue an order requiring testimony or information in certain congressional proceedings when authorized congressional representatives request it. The request must meet voting and notice requirements, and the Attorney General may obtain a delay of up to 20 days.

(a) If a person has been called, or may be called, to testify or provide other information in a proceeding before or related to either House of Congress, a committee or subcommittee of either House, or a joint committee, a United States district court must issue an order when a duly authorized representative of the relevant House or committee requests one. The order must require the person to give testimony or information the person refused because of the privilege against self-incrimination, and it takes effect as section 6002 provides. (b) Before issuing the order, the court must find that: (1) for a House proceeding, the House approved the request by an affirmative vote of a majority of Members present; (2) for a committee, subcommittee, or joint-committee proceeding, the full committee approved the request by an affirmative vote of two-thirds of its members; and (3) the Attorney General received notice of the intention to request the order at least 10 days before the request was made. (c) If the Attorney General applies, the court must delay issuing the order for the period the Attorney General specifies, but no longer than 20 days from the request date. This section does not define the quoted term.

the actual law source: uscode.house.gov ↗public domain
(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 credit: (Added Pub. L. 91–452, title II, § 201(a), Oct. 15, 1970, 84 Stat. 928; amended Pub. L. 103–322, title XXXIII, § 330013(4), Sept. 13, 1994, 108 Stat. 2146; Pub. L. 104–292, § 5, Oct. 11, 1996, 110 Stat. 3460; Pub. L. 104–294, title VI, § 605(o), Oct. 11, 1996, 110 Stat. 3510.)

history & why it existsrecord from the source credit
  • 1970Enacted · Pub. L. 91-452 · 84 Stat. 928
  • 1994Amended · Pub. L. 103-322 · 108 Stat. 2146
  • 1996Amended · Pub. L. 104-292 · 110 Stat. 3460
  • 1996Amended · Pub. L. 104-294 · 110 Stat. 3510

A history note hasn’t been published yet. The record shows enactment by Pub. L. 91-452 on 1970-10-15.

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