Chapter 648 2d Session S. 252 AN ACT All 68 Stat. 589. To permit all civil actions against the United States for recovery of taxes erroneously or illegally assessed or collected to be brought in the district courts with right of trial by jury. Be it enacted by the Senate and Ilouse of Representatives of the United States of America in Congress assembled, That paragraph District courts' (1) of section 1346 (a) of title 28 of the United States Code is amended Jurisdiction. to read as follows: (1) Any civil action against the United States for the recovery of any internal-revenue tax alleged to have been erroneously or illegally assessed or collected, or any penalty claimed to have been collected without authority or any sum alleged to have been excessive or in any manner wrongfully collected under the internal-revenue laws;". 62 Stat. 933; 63 Stat. 101. Tax recovery. SEC. 2. (a) Section 2402 of title 28 of the United States Code is 62 Stat. 971. amended to read as follows: "§ 2402. Jury trial in actions against United States. "Any action against the United States under section 1346 shall be tried by the court without a jury, except that any action against the United States under section 1346 (a) (1) shall, at the request of either party to such action, be tried by the court with a jury." (b) The second item in the analysis of chapter 161 of title 28 of the United States Code is amended to read as follows: "2402. Jury trial in actions against United States." Approved July 30, 1954. 83d Congress AN ACT All 68 Stat. 745. 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 Witnesses before States Code, section 3486, is amended to read as follows: Congress, "§ 3486. Compelled testimony tending to incriminate witnesses; 62 Stat. 833. 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 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, All 68 Stat. 746. 42 USC 1801 8 USC 1182(a), 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 50 USC 781 note. Security Act of 1950 (64 Stat. 987), violations of the Atomic Energy Act of 1946 (60 Stat. 755), as amended, violations of sections 212 (a) (27), (28), (29) or 241 (a) (6), (7) or 313 (a) of the Immigration and Nationality Act (66 Stat. 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 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. Perjury or contempt. "(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." 2d Session H. R. 7486 AN ACT All 68 Stat. 747. To amend section 1071 of title 18, United States Code, relating to the concealing of persons from arrest, so as to increase the penalties therein provided. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That section 1071 Harboring of of title 18, United States Code, is amended to read as follows: criminal. Penalty. "Whoever harbors or conceals any person for whose arrest a warrant 62 Stat. 755. 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." Approved August 20, 1954. (365) Chapter 772 2d Session H. R. 8658 AN ACT To amend title 18, United States Code, to provide for the punishment of persons who jump bail. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That chapter 207 of Bail Jumpers. title 18, United States Code, is amended by inserting, immediately Penalties. following section 3145 of such chapter, a new section to be designated 62 Stat. 821. as section 3146 and to read as follows: 83146. Jumping bail "Whoever, having been admitted to bail for appearance before any United States commissioner or court of the United States, incurs a forfeiture of the bail and willfully fails to surrender himself within thirty days following the date of such forfeiture, shall, if the bail was given in connection with a charge of felony or pending appeal or certiorari after conviction of any offense, be fined not more than $5,000 or imprisoned not more than five years, or both; or, if the bail was given in connection with a charge of committing a misdemeanor, or for appearance as a witness, be fined not more than $1,000 or imprisoned not more than one year, or both. "Nothing in this section shall interfere with or prevent the exercise by any court of the United States of its power to punish for contempt." SEC. 2. The analysis of chapter 207 of title 18, United States Code, immediately preceding section 3141' of such title, is amended by adding the following new item: 3146. Jumping bail." Approved August 20, 1954. 68 Stat. 747. 68 Stat. 748. |