104TH CONGRESS

2ND SESSION H. R. 3166

HOUSE AMENDMENT

TO SENATE

AMENDMENTS
In the House of Representatives, U.S.,

September 26, 1996.

Resolved, That the House agree to the amendments of

the Senate to the bill (H.R. 3166) entitled ‘‘An Act to amend

title 18, United States Code, with respect to the crime of

false statement in a Government matter’’, with the following

HOUSE AMENDMENT TO

SENATE AMENDMENTS:

In lieu of the matter proposed to be inserted by the Senate amendment to the text of the bill, insert:
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1 SECTION 1. SHORT TITLE.

2 This Act may be cited as the ‘‘False Statements Ac3 countability Act of 1996’’.

4 SEC. 2. RESTORING FALSE STATEMENTS PROHIBITION.

5 Section 1001 of title 18, United States Code, is amend6 ed to read as follows:

7 ‘‘§ 1001. Statements or entries generally

8 ‘‘(a) Except as otherwise provided in this section, who9 ever, in any matter within the jurisdiction of the executive,

10 legislative, or judicial branch of the Government of the

11 United States, knowingly and willfully—

12 ‘‘(1) falsifies, conceals, or covers up by any trick,

13 scheme, or device a material fact;

14 ‘‘(2) makes any materially false, fictitious, or

15 fraudulent statement or representation; or

16 ‘‘(3) makes or uses any false writing or docu17 ment knowing the same to contain any materially

18 false, fictitious, or fraudulent statement or entry;

19 shall be fined under this title or imprisoned not more than

20 5 years, or both.

21 ‘‘(b) Subsection (a) does not apply to a party to a judi22 cial proceeding, or that party’s counsel, for statements, rep23 resentations, writings or documents submitted by such

24 party or counsel to a judge or magistrate in that proceed25 ing.
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1 ‘‘(c) With respect to any matter within the jurisdiction

2 of the legislative branch, subsection (a) shall apply only

3 to—

4 ‘‘(1) administrative matters, including a claim

5 for payment, a matter related to the procurement of

6 property or services, personnel or employment prac7 tices, or support services, or a document required by

8 law, rule, or regulation to be submitted to the Con9 gress or any office or officer within the legislative

10 branch; or

11 ‘‘(2) any investigation or review, conducted pur12 suant to the authority of any committee, subcommit13 tee, commission or office of the Congress, consistent

14 with applicable rules of the House or Senate.’’.

15 SEC. 3. CLARIFYING PROHIBITION ON OBSTRUCTING CON16 GRESS.

17 Section 1515 of title 18, United States Code, is amend18 ed—

19 (1) by redesignating subsection (b) as subsection

20 (c); and

21 (2) by inserting after subsection (a) the following

22 new subsection:

23 ‘‘(b) As used in section 1505, the term ‘corruptly’

24 means acting with an improper purpose, personally or by

25 influencing another, including making a false or misleading
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1 statement, or withholding, concealing, altering, or destroy2 ing a document or other information.’’.

3 SEC. 4. ENFORCING SENATE SUBPOENA.

4 Section 1365(a) of title 28, United States Code, is

5 amended in the second sentence, by striking ‘‘Federal Gov6 ernment acting within his official capacity’’ and inserting

7 ‘‘executive branch of the Federal Government acting within

8 his or her official capacity, except that this section shall

9 apply if the refusal to comply is based on the assertion of

10 a personal privilege or objection and is not based on a gov11 ernmental privilege or objection the assertion of which has

12 been authorized by the executive branch of the Federal Gov13 ernment’’.

14 SEC. 5. COMPELLING TRUTHFUL TESTIMONY FROM IMMU15 NIZED WITNESS.

16 Section 6005 of title 18, United States Code, is amend17 ed—

18 (1) in subsection (a), by inserting ‘‘or ancillary

19 to’’ after ‘‘any proceeding before’’; and

20 (2) in subsection (b)—

21 (A) in paragraphs (1) and (2), by inserting

22 ‘‘or ancillary to’’ after ‘‘a proceeding before’’

23 each place that term appears; and
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1 (B) in paragraph (3), by adding a period

2 at the end.

Attest:

Clerk.