NEW LEGISLATION (IN CHRONOLOGICAL ORDER) Act of August 20, 1954 (68 STAT. 745) Amends sec. 3486, Title 18, United States Code, not included in 1953 Ed. Witnesses before Congress. Immunity. 62 Stat. 833. Witnesses Before Congress 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: "Sec. 3486. Compelled testimony tending to incriminate witnesses; immunity "(a) In 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 two-thirds 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 1 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, the national security or defense of the United States by treason, sabotage, espionage, sedition, seditious conspiracy, violations of chapter 115 of title 18 of the United States Code, violations of the Internal Security Act of 1950 (64 Stat. 987), violations of the 50 USC 781 Atomic Energy Act of 1946 (60 Stat. 755), as amended, viola- 2 USC 1801 tions of sections 212 (a) (27), (28), (29) or 241 (a) (6), (7) USC 1182 or 313 (a) of the Immigration and Nationality Act (66 Stat. 1251(a), 182-186; 204-206; 240-241), and conspiracies involving any of the foregoing, is necessary to the public interest, he, upon the approval of the Attorney General, shall make application to the court that the witness shall be instructed to testify or produce evidence subject to the provisions of this section, and note. 42 note. 1424 (a). Perjury or contempt. upon order of the court such witness shall not be excused from testifying or from producing books, papers, or other evidence on the ground that the testimony or evidence required of him may tend to incriminate him or subject him to a penalty or forfeiture. 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 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 prosecution described in subsection (d) hereof) against him in any court. "(d) No witness shall be exempt under the provision of this section from prosecution for perjury or contempt committed while giving testimony or producing evidence under compulsion as provided in this section." Sec. 2. The analysis of chapter 223 of title 18, United States Code, is amended by striking out "3486. Testimony before Congress; immunity." and inserting in lieu thereof the following: "3486. Compelled testimony tending to incriminate witness; immunity." Act of August 20, 1954 (68 STAT. 747) Amends sec. 1071, Title 18, United States Code, not included in 1953 Ed. Harboring of criminal. 62 Stat. 755. Penalty. Harboring of Criminal Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That section 1071 of title 18, United States Code, is amended to read as follows: "Whoever harbors or conceals any person for whose arrest a warrant or process has been issued under the provisions of any law of the United States, so as to prevent his discovery and arrest, after notice or knowledge of the fact that a warrant or process has been issued for the apprehension of such person, shall be fined not more than $1,000 or imprisoned not more than one year, or both; except that if the warrant or process issued on a charge of felony, or after conviction of such person of any offense, the punishment shall be a fine of not more than $5,000, or imprisonment for not more than five years, or both." Act of September 1, 1954 (68 STAT. 1052) Amends sec. 202, Act of August 14, 1935, as amended (49 Stat. 623; 64 Stat. 482), not printed in 1953 Ed. as the Act did not previously apply to immigration matters. Social Security Amendments of 1954 Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That this Act may be cited as the "Social Security Amendments of 1954". TERMINATION OF BENEFITS UPON DEPORTATION Sec. 107. Section 202 of the Social Security Act is amended by adding after subsection (m) thereof (added by section 102 (i) of this Act) the following new subsection: "TERMINATION OF BENEFITS UPON DEPORTATION OF PRIMARY BENEFICIARY Social Security Amendments of 1954. 8 USC 1251. "(n) (1) If any individual is (after the date of enactment of this subsection) deported under paragraph (1), (2), (4), (5), (6), (7), (10), (11), (12), (14), (15), (16), (17), or (18) of section 241 (a) of the Immigration and Nationality Act, 66 Stat. 204. then, notwithstanding any other provisions of this title"(A) no monthly benefit under this section shall be paid to such individual, on the basis of his wages and selfemployment income, for any month occurring (i) after the month in which the Secretary is notified by the Attorney General that such individual has been so deported, and (ii) before the month in which such individual is thereafter lawfully admitted to the United States for permanent residence, "(B) if no benefit could be paid to such individual (or if no benefit could be paid to him if he were alive) for any month by reason of subparagraph (A), no monthly benefit under this section shall be paid, on the basis of his wages and self-employment income, for such month to any other person who is not a citizen of the United States and is outside the United States for any part of such month, and "(C) no lump-sum death payment shall be made on the basis of such individual's wages and self-employment income if he dies (i) in or after the month in which such notice is received, and (ii) before the month in Ante, pp. 1073, 1078. which he is thereafter lawfully admitted to the United States for permanent residence. Section 203 (b) and (c) of this Act shall not apply with respect to any such individual for any month for which no monthly benefit may be paid to him by reason of this paragraph. "(2) As soon as practicable after the deportation of any individual under any of the paragraphs of section 241 (a) of the Immigration and Nationality Act enumerated in paragraph (1) in this subsection, the Attorney General shall notify the Secretary of such deportation." Act of September 1, 1954 (68 STAT. 1145) Amends sec. 3282, Title 18, United States Code, see p. 1331 and SII-41. Sec. 10. (a) Section 3282 of title 18 of the United States Code is amended by striking out 'three' and inserting in lieu thereof 'five'. (b) The amendment made by subsection (a) shall be effective with respect to offenses (1) committed on or after the date of enactment of this Act, or (2) committed prior to such date, if on such date prosecution therefor is not barred by provisions of law in effect prior to such date. |