In the Senate of the United States,

July 25, 1996.

Resolved, That the bill from the House of Representatives (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.’’, do pass with the following

AMENDMENTS:

Strike out all after the enacting clause and insert:

1 SECTION 1. SHORT TITLE.

2 This Act may be cited as the ‘‘False Statements Pen3 alty Restoration Act’’.

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) PROHIBITED CONDUCT.—

9 ‘‘(1) IN GENERAL.—A person shall be punished

10 under subsection (b) if, in any matter within the ju11 risdiction of the executive, legislative, or judicial
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1 branch of the Federal Government, or any depart2 ment, agency, committee, subcommittee, or office

3 thereof, that person knowingly and willfully—

4 ‘‘(A) falsifies, conceals, or covers up, by any

5 trick, scheme, or device, a material fact;

6 ‘‘(B) makes any materially false, fictitious,

7 or fraudulent statement or representation; or

8 ‘‘(C) makes or uses any false writing or doc9 ument, knowing that the document contains any

10 materially false, fictitious, or fraudulent state11 ment or entry.

12 ‘‘(2) APPLICABILITY.—This section shall not

13 apply to parties to a judicial proceeding or anyone

14 seeking to become a party to a judicial proceeding, or

15 their counsel, for statements, representations, or docu16 ments submitted by them to a judge in connection

17 with the performance of an adjudicative function.

18 ‘‘(b) PENALTIES.—A person who violates this section

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

20 5 years, or both.’’.

21 SEC. 3. CLARIFYING PROHIBITION ON OBSTRUCTING CON22 GRESS.

23 Section 1515 of title 18, United States Code, is amend24 ed—
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1 (1) by redesignating subsection (b) as subsection

2 (c); and

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

4 new subsection:

5 ‘‘(b) CORRUPTLY.—As used in section 1505, the term

6 ‘corruptly’ means acting with an improper purpose, person7 ally or by influencing another, including making a false

8 or misleading statement, or withholding, concealing, alter9 ing, or destroying a document or other information.’’.

10 SEC. 4. ENFORCING SENATE SUBPOENA.

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

12 amended in the second sentence, by striking ‘‘Federal Gov13 ernment acting within his official capacity’’ and inserting

14 ‘‘executive branch of the Federal Government acting within

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

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

17 a personal privilege or objection and is not based on a gov18 ernmental privilege or objection the assertion of which has

19 been authorized by the executive branch of the Federal Gov20 ernment’’.

21 SEC. 5. COMPELLING TRUTHFUL TESTIMONY FROM IMMU22 NIZED WITNESS.

23 Section 6005 of title 18, United States Code, is amend24 ed—
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1 (1) in subsection (a), by inserting ‘‘or ancillary

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

3 (2) in subsection (b)—

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

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

6 each place that term appears; and

7 (B) in paragraph (3), by adding a period

8 at the end.

Amend the title so as to read: ‘‘An Act to prohibit

false statements to Congress, to clarify congressional authority to obtain truthful testimony, and for other purposes.’’.

Attest:

Secretary.
104TH CONGRESS

2D SESSION H. R. 3166

AMENDMENTS