II

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, and Mr. KOHL) introduced the

following bill; which was read twice and referred to the Committee on the

Judiciary

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’’.

6 SEC. 2. RESTORING FALSE STATEMENTS PROHIBITION.

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

8 amended to read as follows:
2

•S 1734 IS

1 ‘‘§ 1001. Statements or entries generally

2 ‘‘(a) PROHIBITED CONDUCT.—

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

4 under subsection (b) if, in any matter within the ju5 risdiction of the executive, legislative, or judicial

6 branch of the United States Government, or any de7 partment, agency, committee, subcommittee, or of8 fice thereof, that person knowingly and willfully—

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

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

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

12 or fraudulent statement or representation; or

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

14 document, knowing that the document contains

15 any materially false, fictitious, or fraudulent

16 statement or entry.

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

18 apply to statements, representations, writings, or

19 documents submitted to a court in connection with

20 the performance of an adjudicative function.

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

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

23 than 5 years, or both.’’.
3

•S 1734 IS

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 IS

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.

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