IV
104TH CONGRESS
2D SESSION
H. RES. 535
Providing for the concurrence of the House, with an amendment, in the
amendments of the Senate to the bill H.R. 3166.
IN THE HOUSE OF REPRESENTATIVES
SEPTEMBER 26, 1996
Mr. MCCOLLUM submitted the following resolution; which was considered and
agreed to, rules suspended
RESOLUTION
Providing for the concurrence of the House, with an amend-
ment, in the amendments of the Senate to the bill H.R.
3166.
Resolved, That upon adoption of this resolution, the
bill H.R. 3166, to amend title 18, United States Code,
with respect to the crime of false statement in a Govern-
ment matter, with the Senate amendments thereto, shall
be considered to have been taken from the Speaker’s table
and the same are agreed to with an amendment as follows:
In lieu of the matter proposed to be inserted by the Senate
amendment to the text of the bill, insert the following:
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‘‘SECTION 1. SHORT TITLE.
‘‘This Act may be cited as the ‘False Statements Ac-
countability Act of 1996’.
‘‘SEC. 2. RESTORING FALSE STATEMENTS PROHIBITION.
‘‘Section 1001 of title 18, United States Code, is
amended to read as follows:
‘‘ ‘§ 1001. Statements or entries generally
‘‘ ‘(a) Except as otherwise provided in this section,
whoever, in any matter within the jurisdiction of the exec-
utive, legislative, or judicial branch of the Government of
the United States, knowingly and willfully—
‘‘ ‘(1) falsifies, conceals, or covers up by any
trick, scheme, or device a material fact;
‘‘ ‘(2) makes any materially false, fictitious, or
fraudulent statement or representation; or
‘‘ ‘(3) makes or uses any false writing or docu-
ment knowing the same to contain any materially
false, fictitious, or fraudulent statement or entry;
shall be fined under this title or imprisoned not more than
5 years, or both.
‘‘ ‘(b) Subsection (a) does not apply to a party to a
judicial proceeding, or that party’s counsel, for state-
ments, representations, writings or documents submitted
by such party or counsel to a judge or magistrate in that
proceeding.
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‘‘ ‘(c) With respect to any matter within the jurisdic-
tion of the legislative branch, subsection (a) shall apply
only to—
‘‘ ‘(1) administrative matters, including a claim
for payment, a matter related to the procurement of
property or services, personnel or employment prac-
tices, or support services, or a document required by
law, rule, or regulation to be submitted to the Con-
gress or any office or officer within the legislative
branch; or
‘‘ ‘(2) any investigation or review, conducted
pursuant to the authority of any committee, sub-
committee, commission or office of the Congress,
consistent with applicable rules of the House or Sen-
ate.’.
‘‘SEC. 3. CLARIFYING PROHIBITION ON OBSTRUCTING CON-
GRESS.
‘‘Section 1515 of title 18, United States Code, is
amended—
‘‘(1) by redesignating subsection (b) as sub-
section (c); and
‘‘(2) by inserting after subsection (a) the follow-
ing new subsection:
‘‘ ‘(b) As used in section 1505, the term ‘‘corruptly’’
means acting with an improper purpose, personally or by
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influencing another, including making a false or mislead-
ing statement, or withholding, concealing, altering, or de-
stroying a document or other information.’.
‘‘SEC. 4. ENFORCING SENATE SUBPOENA.
‘‘Section 1365(a) of title 28, United States Code, is
amended in the second sentence, by striking ‘Federal Gov-
ernment acting within his official capacity’ and inserting
‘executive branch of the Federal Government acting within
his or her official capacity, except that this section shall
apply if the refusal to comply is based on the assertion
of a personal privilege or objection and is not based on
a governmental privilege or objection the assertion of
which has been authorized by the executive branch of the
Federal Government’.
‘‘SEC. 5. COMPELLING TRUTHFUL TESTIMONY FROM IMMU-
NIZED WITNESS.
‘‘Section 6005 of title 18, United States Code, is
amended—
‘‘(1) in subsection (a), by inserting ‘or ancillary
to’ after ‘any proceeding before’; and
‘‘(2) in subsection (b)—
‘‘(A) in paragraphs (1) and (2), by insert-
ing ‘or ancillary to’ after ‘a proceeding before’
each place that term appears; and
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‘‘(B) in paragraph (3), by adding a period
at the end.’’.
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