II

Calendar No. 507

104TH CONGRESS

2D SESSION S. 1734

To prohibit false statements to Congress, to clarify congressional authority

to obtain truthful testimony, and for other purposes.

IN THE SENATE OF THE UNITED STATES

MAY 8, 1996

Mr. SPECTER (for himself, Mr. LEVIN, Mr. STEVENS, Mr. NUNN, Mr. COHEN,

Mr. INOUYE, Mr. JEFFORDS, Mr. LEAHY, Mr. KOHL, and Mr. ROTH) introduced the following bill; which was read twice and referred to the Committee on the Judiciary

JULY 22, 1996

Reported by Mr. HATCH, with an amendment

[Strike out all after the enacting clause and insert the part printed in italic]

A BILL

To prohibit false statements to Congress, to clarify congressional authority to obtain truthful testimony, and for

other purposes.

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled,

3 SECTION 1. SHORT TITLE.

4 This Act may be cited as the ‘‘False Statements Pen5 alty Restoration Act’’.
2

S 1734 RS

1 SEC. 2. RESTORING FALSE STATEMENTS PROHIBITION.

2 Section 1001 of title 18, United States Code, is

3 amended to read as follows:

4 ‘‘§ 1001. Statements or entries generally

5 ‘‘(a) PROHIBITED CONDUCT.—

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

7 under subsection (b) if, in any matter within the ju8 risdiction of the executive, legislative, or judicial

9 branch of the United States Government, or any de10 partment, agency, committee, subcommittee, or of11 fice thereof, that person knowingly and willfully—

12 ‘‘(A) falsifies, conceals, or covers up, by

13 any trick, scheme, or device, a material fact;

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

15 or fraudulent statement or representation; or

16 ‘‘(C) makes or uses any false writing or

17 document, knowing that the document contains

18 any materially false, fictitious, or fraudulent

19 statement or entry.

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

21 apply to statements, representations, writings, or

22 documents submitted to a court in connection with

23 the performance of an adjudicative function.

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

25 shall be fined under this title, imprisoned for not more

26 than 5 years, or both.’’.
3

S 1734 RS

1 SEC. 3. CLARIFYING PROHIBITION ON OBSTRUCTING

2 CONGRESS.

3 Section 1515 of title 18, United States Code, is

4 amended—

5 (1) by redesignating subsection (b) as sub6 section (c); and

7 (2) by inserting after subsection (a) the follow8 ing new subsection:

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

10 means acting with an improper purpose, personally or by

11 influencing another, including, but not limited to, making

12 a false or misleading statement, or withholding, conceal13 ing, altering, or destroying a document or other informa14 tion.’’.

15 SEC. 4. ENFORCING SENATE SUBPOENA.

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

17 amended in the second sentence, by striking ‘‘Federal

18 Government acting within his official capacity’’ and insert19 ing ‘‘Executive Branch of the Federal Government acting

20 within his or her official capacity, if the head of the de21 partment or agency employing the officer or employee has

22 directed the officer or employee not to comply with the

23 subpoena or order and identified the Executive Branch

24 privilege or objection underlying such direction’’.
4

S 1734 RS

1 SEC. 5. COMPELLING TRUTHFUL TESTIMONY FROM IMMU2 NIZED WITNESS.

3 Section 6005 of title 18, United States Code, is

4 amended—

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

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

7 (2) in subsection (b)—

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

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

10 each place it appears; and

11 (B) in paragraph (3), by inserting a period

12 at the end.

13 SECTION 1. SHORT TITLE.

14 This Act may be cited as the ‘‘False Statements Pen15 alty Restoration Act’’.

16 SEC. 2. RESTORING FALSE STATEMENTS PROHIBITION.

17 Section 1001 of title 18, United States Code, is amend18 ed to read as follows:

19 ‘‘§ 1001. Statements or entries generally

20 ‘‘(a) PROHIBITED CONDUCT.—

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

22 under subsection (b) if, in any matter within the ju23 risdiction of the executive, legislative, or judicial

24 branch of the Federal Government, or any depart25 ment, agency, committee, subcommittee, or office

26 thereof, that person knowingly and willfully—
5

S 1734 RS

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

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

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

4 or fraudulent statement or representation; or

5 ‘‘(C) makes or uses any false writing or doc6 ument, knowing that the document contains any

7 materially false, fictitious, or fraudulent state8 ment or entry.

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

10 apply to parties to a judicial proceeding or anyone

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

12 their counsel, for statements, representations, or docu13 ments submitted by them to a judge in connection

14 with the performance of an adjudicative function.

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

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

17 5 years, or both.’’.

18 SEC. 3. CLARIFYING PROHIBITION ON OBSTRUCTING CON19 GRESS.

20 Section 1515 of title 18, United States Code, is amend21 ed—

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

23 (c); and

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

25 new subsection:
6

S 1734 RS

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

2 ‘corruptly’ means acting with an improper purpose, person3 ally or by influencing another, including making a false

4 or misleading statement, or withholding, concealing, alter5 ing, or destroying a document or other information.’’.

6 SEC. 4. ENFORCING SENATE SUBPOENA.

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

8 amended in the second sentence, by striking ‘‘Federal Gov9 ernment acting within his official capacity’’ and inserting

10 ‘‘executive branch of the Federal Government acting within

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

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

13 a personal privilege or objection and is not based on a gov14 ernmental privilege or objection the assertion of which has

15 been authorized by the executive branch of the Federal Gov16 ernment’’.

17 SEC. 5. COMPELLING TRUTHFUL TESTIMONY FROM IMMU18 NIZED WITNESS.

19 Section 6005 of title 18, United States Code, is amend20 ed—

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

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

23 (2) in subsection (b)—
7

S 1734 RS

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

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

3 each place that term appears; and

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

5 at the end.

Calendar No. 507

104TH CONGRESS

2D SESSION S. 1734

A BILL

To prohibit false statements to Congress, to clarify

mony, and for other purposes.congressional authority to obtain truthful testiJULY 22, 1996

Reported with an amendment