In General .—
Aug. 10, 1956, ch. 104170A Stat. 53Pub. L. 104–106, div. A, title XI, § 1111110 Stat. 461Pub. L. 109–163, div. A, title X, § 1057(a)(5)119 Stat. 3440Pub. L. 112–81, div. A, title V, § 542(a)125 Stat. 1411Pub. L. 113–66, div. A, title XVII, § 1702(c)(3)(D)127 Stat. 958Pub. L. 114–328, div. E, title LVII, § 5229130 Stat. 2913(. ; , , ; , , ; , (b), , ; , , ; , , .)
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Historical and Revision Notes |
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Revised section | Source (U.S. Code) | Source (Statutes at Large) |
847(a) 847(b) | 50:622(a). 50:622(b). | May 5, 1950, ch. 169, § 1 (Art. 47), 64 Stat. 123. |
847(c) | 50:622(c). | |
847(d) | 50:622(d). | |
In subsection (a), the word “Any” is substituted for the word “Every”. The word “is” is substituted for the words “shall be deemed”.
In subsection (b), the words “named in subsection (a)” are substituted for the words “denounced by this article”. The words “Territories, Commonwealths, or” are substituted for the word “Territorial”. The words “not more than” are substituted for the words “a period not exceeding”.
section 501 of title 28In subsection (c), the words “It shall be the duty of * * * to” are omitted as surplusage. The words “United States Attorney” are substituted for the words “United States district attorney”, to conform to the terminology of . The word “shall” is inserted after the word “jurisdiction”.
Editorial Notes
Amendments
Pub. L. 114–328, § 5229(b)2016—, amended section catchline generally, substituting “Refusal of person not subject to chapter to appear, testify, or produce evidence” for “Refusal to appear or testify”.
Pub. L. 114–328, § 5229(a)Subsec. (a). , amended subsec. (a) generally. Prior to amendment, subsec. (a) read as follows: “Any person not subject to this chapter who—
section 832 of this title“(1) has been duly subpoenaed to appear as a witness before a court-martial, military commission, court of inquiry, or any other military court or board, or before any military or civil officer designated to take a deposition to be read in evidence before such a court, commission, or board, or has been duly issued a subpoena duces tecum for a preliminary hearing pursuant to (article 32);
“(2) has been provided a means for reimbursement from the Government for fees and mileage at the rates allowed to witnesses attending the courts of the United States or, in the case of extraordinary hardship, is advanced such fees and mileage; and
“(3) willfully neglects or refuses to appear, or refuses to qualify as a witness or to testify or to produce any evidence which that person may have been legally subpoenaed to produce;
is guilty of an offense against the United States.”
Pub. L. 113–66section 832 of this titlesection 832(b) of this title2013—Subsec. (a)(1). substituted “a preliminary hearing pursuant to (article 32)” for “an investigation pursuant to (article 32(b))”.
Pub. L. 112–81, § 542(b)2011—Subsec. (a). , substituted “subpoenaed” for “subpenaed” in two places.
Pub. L. 112–81, § 542(a)(1)(A)section 832(b) of this titleSubsec. (a)(1). , substituted “board, or has been duly issued a subpoena duces tecum for an investigation pursuant to (article 32(b));” for “board;”.
Pub. L. 112–81, § 542(a)(1)(B)Subsec. (a)(2). , substituted “provided a means for reimbursement from the Government for fees and mileage” for “duly paid or tendered the fees and mileage of a witness” and inserted “or, in the case of extraordinary hardship, is advanced such fees and mileage” before semicolon.
Pub. L. 112–81, § 542(a)(2)Subsec. (c). , substituted “board, or convening authority” for “or board”.
Pub. L. 109–1632006—Subsec. (b). substituted “Commonwealths or possessions” for “Territories, Commonwealths, or possessions”.
Pub. L. 104–1061996—Subsec. (b). inserted “indictment or” after “shall be tried on” and substituted “shall be fined or imprisoned, or both, at the court’s discretion” for “shall be punished by a fine of not more than $500, or imprisonment for not more than six months, or both”.
Statutory Notes and Related Subsidiaries
Effective Date of 2016 Amendment
Pub. L. 114–328section 5542 of Pub. L. 114–328section 801 of this titleAmendment by effective on , as designated by the President, with implementing regulations and provisions relating to applicability to various situations, see and Ex. Ord. No. 13825, set out as notes under .
Effective Date of 2013 Amendment
Pub. L. 113–66section 1702(d)(1) of Pub. L. 113–66section 802 of this titleAmendment by effective on the later of , or the date of the enactment of the Carl Levin and Howard P. “Buck” McKeon National Defense Authorization Act for Fiscal Year 2015 () and applicable with respect to preliminary hearings conducted on or after that effective date, see , set out as a note under .
Effective Date of 2011 Amendment
Pub. L. 112–81, div. A, title V, § 542(c)125 Stat. 1411