12 1 be prosecuted or subject to any penalty or forfeiture for or 2 on account of any transaction, matter, or thing concerning 3 which he is compelled under the order to testify or 4 produce evidence, except that he shall not be exempt from 5 prosecution and punishment for perjury committed in so G testifying, for giving a false statement, er for otherwise fail7 ing to comply with the order. No order issued under this 8 part shall require any witness to testify or provide other 9 information at any time prior to the day one week after the 10 day on which such order was communicated to the witness. 11 Upon communication to the witness of any order issued 12 under this part, the person presiding over the inquiry shall 13 give the witness reasonable and adequate notice of the 14 nature and scope of the immunity from criminal prosecu15 tien provided by this section." 16 (b) Subsection (b) of section 6003 of such title (relat17 ing to court and grand jury proceedings) is amended to read 18 as follows: 19 "(b) A United States district court may, with the 20 approval of the Attorney General, the Deputy Attorney 21 General, or any designated Assistant Attorney General, issue an order under subsection (a) of this section when the 23 United States attorney establishes to the satisfaction of the 24 court that 22 1 2 3 4 5 6 7 བ 8 9 10 13 "(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. No approval shall be required under this subsection in the case of a request for an order made by a special attorney appointed under section 3330.". (c) Subsection (c) of section 6005 of such title is 11 hereby repealed. = 12 (d) The amendments made by subsections (a), (b), 13 and (c) of this section shall take effect on the sixtieth day 14 following the date of the enactment of this Act. No amend15 ment or repeal of any provision of law made by this section 16 shall affect any immunity, or the scope of any immunity, to 17 which any individual is entitled under such provision by reason of any testimony or other information given before 19 such day. 18 94ти CONGRESS 2D SESSION H. R. 11660 IN THE HOUSE OF REPRESENTATIVES FEBRUARY 3, 1976 Mr. CONYERS introduced the following bill; which was referred to the Committee on the Judiciary A BILL To establish certain rules with respect to the appearance of witnesses before grand juries in order better to protect the constitutional rights and liberties of such witnesses under the fourth, fifth, and sixth amendments to the Constitution, to provide for independent inquiries by grand juries, and for other purposes. 1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 3 That this Act may be cited as the "Grand Jury Reform Act 4 of 1976". 5 SEC. 2. Section 1826 of title 28, United States Code, is 6 amended to read as follows: 7 "§ 1826. Recalcitrant witnesses. I 2 1 "(a) (1) Whenever a witness in any proceeding before 2 any grand jury of the United States refuses without just 3 10 cause shown to comply with an order of the court of the 4 United States to testify or provide other information, includ5 ing any book, paper, document, record, recording, or other 6 material, the attorney for the Government may, only upon 7 an affirmative vote of twelve or more members of the grand 8 jury that such refusal was without just cause, submit an 9 application to the court for an order directing the witness to show why the witness should not be held in contempt. 11 After submission of such application and a hearing at which 12 the witness may be represented by counsel, the court may, 13 if the court finds that such refusal was without just cause, 14 hold the witness in criminal contempt and order the witness 15 to be confined. Such confinement shall be at a suitable Fed16 eral correctional institution, unless the witness waives this 17 right. Such confinement shall continue until such time as 18 the witness is willing to give such testimony or provide such 19 information. No period of such confinement shall exceed the 20 term of the grand jury, including extensions, before which 21 such refusal to comply with the court order occurred, but in no event shall such confinement exceed six months. 22 23 "(2) Whenever a witness in any criminal proceeding 24 before or ancillary to any district court of the United States. 25 refuses without just cause shown to comply with an order 3 1 of the court to testify or provide other information, includ2 ing any book, paper, document, record, recording, or other 3 material, the court, upon such refusal and after a hearing at 4 which the witness may be represented by counsel, may, if 5 the court finds that such refusal was without just cause, hold 6 the witness in criminal contempt and order the witness to 7 be confined. Such confinement shall be at a suitable Federal 8 correctional institution, unless the witness waives this right. Such confinement shall continue until such time as the wit 9 10 ness is willing to give such testimony or provide such infor11 mation. No period of such confinement shall exceed the life 12 of the court proceeding before which such refusal to comply 13 with the court order occurred, but in no event shall such 14 confinement exceed six months. 15 "(3) No hearing shall be held under this subsection 16 unless ten days notice is given to the witness who has refused 17 to comply with the court order under this subsection, except 18 that a witness subpenaed for a trial may be given a shorter 19 notice of not less than five days if the court, upon a showing 20 of special need, so orders. 21 "(b) No person who has been confined under this sec22 tion for refusal to testify or provide other information con23 cerning any transaction, set of transactions, event, or events 24 may be again confined under this section or under section 25 401 of title 18, United States Code, for a subsequent refusal |