U.S. Code » Title 18 » Part PART V— IMMUNITY OF WITNESSES › Chapter CHAPTER 601— IMMUNITY OF WITNESSES

18 U.S.C. § 6004

Certain administrative proceedings

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(a) In the case of any individual who has been or who may be called to testify or provide other information at any proceeding before an agency of the United States, the agency may, with the approval of the Attorney General, issue, in accordance with subsection (b) of this section, an order requiring the 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) An agency of the United States may issue an order under subsection (a) of this section only if in its 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.(Added Pub. L. 91–452, title II, § 201(a), Oct. 15, 1970, 84 Stat. 927; amended Pub. L. 103–322, title XXXIII, § 330013(4), Sept. 13, 1994, 108 Stat. 2146.)Editorial NotesAmendments

1994—Subsec. (a). Pub. L. 103–322 substituted “title” for “part” before period at end.

Notes of Decisions
Cited in 13 cases (2 in the last 5 years), 1973–2024 · leading case: High Desert Relief, Inc. v. United States, 917 F.3d 1170 (10th Cir. 2019).
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High Desert Relief, Inc. v. United States, 917 F.3d 1170 (10th Cir. 2019). · cites it 3× “HDR further argues that the IRS could have given it "use immunity" 9 pursuant to 18 U.S.C. § 6004 , 10 and so the IRS's protestation that it did not have the authority to accept HDR's proposed conditions was legally erroneous.”
Garner v. United States, 424 U.S. 648 (1976). · cites it 2× “" [6] Title 18 U. S. C. § 6004 would appear to authorize the Service, as an alternative to an enforcement suit, to order a summoned taxpayer to make disclosures in exchange for immunity.”
In Re Application of the President's Comm'n on Organized Crime. Subpoena of Lorenzo Scaduto, 763 F.2d 1191 (11th Cir. 1985). “Seaduto argues that this delegation was improper because 18 U.S.C.A. § 6004 (a) (proceedings before administrative bodies), provides only for the approval of applications for immunity by the Attorney General.”
United States v. Ivey, 55 M.J. 251 (C.A.A.F. 2001). “A general court-martial convening authority may grant immunity to civilians not subject to the UCMJ “only when specifically authorized to do so by the Attorney General of the United States or other authority designated under 18 USC § 6004 .” RCM 704(c)(2). The Manual for…”
United States v. Villines, 13 M.J. 46 (1982). “Furthermore, under 18 U.S.C. § 6004 (a), a grant of testimonial immunity in a court-martial would then require “the approval of the Attorney General”; and obtaining such approval has not heretofore been the prevailing practice.”
In Re Stephen Tse, 748 F.2d 722 (1st Cir. 1984). · cites it 2× “On October 19, 1984, he was granted immunity pursuant to 18 U.S.C. § 6004 , but he still refused to answer, whereupon an ex parte order was obtained that day from a district court ordering appellant to testify.”
Fed. Trade Comm'n v. Foucha, 356 F. Supp. 21 (N.D. Ala. 1973). · cites it 3× “§ 49 for an order compelling four recalcitrant witnesses to obey an order issued under 18 U.S.C.A. § 6004 . In the initial sparring, the Commission took the position that this proceeding was but a summary procedure, dispensing with the Federal Rules of Civil Procedure.”
In Re Sealed Case, 776 F.2d 335 (D.C. Cir. 1985). · cites it 2× “And 18 U.S.C. § 6004 (1982) provides: (a) In the case of any individual who has been or who may be called to testify or provide other information at any proceeding before an agency of the United States, the agency may, with the approval of the Attorney General, issue, in…”
Sergio Luna v. Dep't of Homeland Sec., 2024 MSPB 2 (MSPB 2024). “18 U.S.C. § 6004 . Thus, a formal grant of immunity under this section cannot be given without “approval of the Attorney General.”
United States v. Slough, 36 F. Supp. 3d 37 (D.D.C. 2014). “See 18 U.S.C. § 6004 (a) (allowing agencies to grant immunity upon approval from the Attorney General).”
United States v. Burnett (A.F.C.C.A. 2022). “The second paragraph explained that the convening authority, acting pursuant to authority conferred by Rule for Courts-Martial 704 and 18 U.S.C. § 6004 , ordered SB to answer questions by investigators and counsel and to testify in any UCMJ proceeding regarding the matters…”
Proposed Legislation to Grant Additional Power to the President's Comm'n on Organized Crime (OLC 1983). “Given the current trend towards complicated, multi-year undercover opera­ tions, the Attorney General’s statutory veto power, 18 U.S.C. § 6004 (b), does not solve the problem.”
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