Page:United States Statutes at Large Volume 81.djvu/803

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[81 STAT. 769]
PUBLIC LAW 90-000—MMMM. DD, 1968
[81 STAT. 769]

81 STAT.]

PUBLIC LAW 90^237-JAN. 2, 1968

769

the Board in obedience to a subpena of the Board issued on request of the Attorney General when the Attorney General represents that such testimony or evidence is necessary to accomplish the purposes of this title; but no natural person shall be prosecuted or subjected to any penalty or forfeiture for or on account of any transaction, matter, or thing concerning which he, under compulsion as provided in this subsection, may testify, or produce evidence, documentary or otherwise, before the Board in obedience to a subpena issued by i t: Provided, That no natural person so testifying shall be exempt from prosecution and punishment for perjury committed in so testifying." (d) Subsection (d) of section 13 of such Act is amended by strik- p^rtlesTo appear ing out paragraph (2) and inserting in lieu thereof the following: at hearing. "(2) Where an organization or individual declines or fails to ap- i^^^^/J".""^""""" °^ pear at a hearing accorded to such organization or individual by the 64 Stat. cigg. Board in proceedings initiated pursuant to subsection (a) of this ^o use 792. section, the Board shall, nevertheless, proceed to receive evidence, make a determination of the issues, and enter such order as shall be just and appropriate. Upon failure of an organization or individual to appear at a hearing accorded to such organization or individual in proceedings under subsection (b) of this section the Board may forthwith and without further proceedings enter an order dismissing the petition of such organization or individual. "(3) Any person who, in the course of any hearing before the fol^^e'ol'fdl'pen-^ Board or any member thereof or any examiner designated thereby, aity. shall misbehave in their presence or so near thereto as to obstruct the hearing or the administration of the provisions of this title, shall be guilty of an offense and upon conviction thereof by a court of competent jurisdiction shall be punished by a fine of not less than $500 nor more than $5,000, or by imprisonment for not more than one year, or by both such fine and imprisonment. Whenever a statement of fact constituting such misbehavior is reported by the Board to the appropriate United States attorney, it shall be his duty to bring the matter before the grand jury for its action. Jurisdiction of "(4) The authority, function, practice, or process of the Attorney court. General or Board in conducting any proceeding pursuant to the provisions of this title shall not be questioned in any court of the United States, nor shall any such court, or judge or justice thereof, have jurisdiction of any action, suit, petition, or proceeding, whether for declaratory judgment, injunction, or otherwise, to question such authority, function, practice, or process, except on review in the court or courts having jurisdiction of the actions and orders of the Board pursuant to the provisions of section 14, or when such authority, function, practice, or process, is appropriately called into question by the accused or respondent, as the case may be, in the court or courts having jurisdiction of his prosecution or other proceeding (or the review thereof) for any contempt or any offense charged against him pursuant to the provisions of this title." (e) Paragraph (1) of subsection (f) of section 13 of such Act is amended to read as follows: "(1) the extent to which persons who are active in its management, direction, or supervision, whether or not holding office therein, are active in the management, direction, or supervision of, or as representatives or members of, any Communist-action organization, Communist foreign government, or the world Communist movement referred to in section 2; ana". (f) Subsections (g), (h), (i), (j), and (k) of section 13 of such Act are amended to read as follows: " (g) If, after hearing upon a petition filed under subsection (a) of this section the Board determines—