Title 21 — Food and Drugs
Part E · Chapter 13 — Drug Abuse Prevention and Control
§ 884. Immunity and privilege
Statutory text
Refusal to testify
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.
Order of United States district court
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.
Request by United States attorney
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—
the testimony or other information from such individual may be necessary to the public interest; and
such individual has refused or is likely to refuse to testify or provide other information on the basis of his privilege against self-incrimination.
Legislative history
Reconstructed from this section’s Code source credit and amendment notes, resolved against the local Statutes at Large. Editorial notes are evidence, not the law that made the change.
Controlled Substances Act
Pub. L. 91–513 title II § 514 · 84 Stat. 1236
Enacted · 21 U.S.C. § 884
Pub. L. 91–513, title II, § 514, Oct. 27, 1970, 84 Stat. 1278
Source evidence
Code source credit
Pub. L. 91–513, title II, § 514, Oct. 27, 1970, 84 Stat. 1278Enacted provision · exact public law section
Sec. 514. immunity and privilege (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 title, 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 lie called to Order. 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, 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.Minor and Technical Criminal Law Amendments Act of 1988
Pub. L. 100–690 title VII § 7020(f) · 102 Stat. 4181
Inserted · 21 U.S.C. § 884(c)
Pub. L. 100–690 inserted reference to Associate Attorney General
Source evidence
Code amendment note
Subsec. (c). Pub. L. 100–690 inserted reference to Associate Attorney General.Enacted provision · exact public law section
(f) Requesting Judicial Grant of Immunity in Certain Drug Cases.— Section 514(c) of the Controlled Substances Act (21 U.S.C. 884(c)) is amended by inserting “, the Associate Attorney General” after “Deputy Attorney General”.
2 of 2 references resolved to an enrolled provision
Editorial Notes
Amendments
1988—Subsec. (c). Pub. L. 100–690 inserted reference to Associate Attorney General.
Credits
1970–1988 · 2 acts
- 1970Pub. L. 91–513, title II, § 514, , 84 Stat. 1278
- 1988Pub. L. 100–690, title VII, § 7020(f), , 102 Stat. 4396.
Show as published
(Pub. L. 91–513, title II, § 514, , 84 Stat. 1278; Pub. L. 100–690, title VII, § 7020(f), , 102 Stat. 4396.)