I
106TH CONGRESS
1ST SESSION
H. R. 2876
To amend the Federal Rules of Evidence regarding testimonial privileges
of parents, children, and members of the Secret Service; to amend title
18 of the United States Code to restrict prosecutorial conduct with
respect to sexual activity not unlawful under Federal law, and for other
purposes.
IN THE HOUSE OF REPRESENTATIVES
SEPTEMBER 15, 1999
Ms. LOFGREN introduced the following bill; which was referred to the
Committee on the Judiciary
A BILL
To amend the Federal Rules of Evidence regarding testi-
monial privileges of parents, children, and members of
the Secret Service; to amend title 18 of the United
States Code to restrict prosecutorial conduct with respect
to sexual activity not unlawful under Federal law, and
for other purposes.
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ‘‘Kenneth Starr Correc-
tions Act of 1999’’.
SEC. 2. TESTIMONIAL PRIVILEGES IN FEDERAL, CIVIL AND
CRIMINAL PROCEEDINGS.
Rule 501 of the Federal Rules of Evidence (28 U.S.C.
App.) is amended—
(1) in the 1st sentence by inserting ‘‘(a)’’ before
‘‘Except’’,
(2) in the 2d sentence by striking ‘‘However,
in’’ and inserting the following:
‘‘(d) Notwithstanding any other provision of this sec-
tion, in’’, and
(3) by inserting after the first sentence the fol-
lowing:
‘‘(b)(1) A witness may not be compelled to testify
against a child or parent of the witness.
‘‘(2) A witness may not be compelled to disclose the
content of a confidential communication with a child or
parent of the witness.
‘‘(3) For purposes of this subdivision, ‘child’ means,
with respect to an individual, a birth, adoptive, or step-
child of the individual, and any person (such as a foster
child or a relative of whom the individual has long-term
custody) with respect to whom the court recognizes the
individual as having a right to act as a parent.
‘‘(4) The privileges provided in this subdivision shall
be governed by principles of the common law, as they may
be interpreted by the courts of the United States in the
light of reason and experience, that are similar to the prin-
ciples that apply to the similar privileges of a witness with
respect to a spouse of the witness.
‘‘(c) A member of the United States Secret Service
may not be compelled to testify with respect to any con-
versation of the President heard by such member while
such member is on duty.’’.
SEC. 3. RESTRICTIONS ON PROSECUTORIAL CONDUCT.
(a) AMENDMENT.—Part II of title 18, United States
Code, is amended by adding at the end the following:
‘‘CHAPTER 237—RESTRICTIONS
‘‘Sec.
‘‘3761. Restrictions on prosecutorial conduct.
‘‘§ 3761. Restrictions on prosecutorial conduct
‘‘(a) PERJURY PROSECUTIONS BASED
ON GRAND
JURY TESTIMONY.—A criminal proceeding for perjury or
false statement may not be brought against a witness
based on a statement made by the witness to the grand
jury if—
‘‘(1) such statement is made in response to a
question that—
‘‘(A) is asked by the prosecutor or a mem-
ber of the grand jury; and
‘‘(B) arises from or has any basis in phys-
ical nontestimonial evidence available, and then
known, to the prosecutor; and
‘‘(2) the prosecutor fails—
‘‘(A) to provide such evidence to the wit-
ness before the conclusion of the testimony of
the witness; or
‘‘(B) to allow the witness, after receiving
such evidence, to explain or modify any testi-
mony given by the witness to the grand jury.
‘‘(b) PERJURY PROSECUTIONS BASED ON CERTAIN
AFFIDAVITS IN CIVIL CASES.—A criminal proceeding may
not be commenced by an officer or employee of the United
States against an individual for making a false statement
that relates to adultery or to sexual activity that is not
unlawful under Federal law, in an affidavit filed in a non-
criminal proceeding.
‘‘(c) LIMITATION ON POWER TO AUTHORIZE CER-
TAIN RECORDINGS.—An officer or employee of an agency
of the United States may not authorize any person to
make an audio or video record of a private communication
that such officer, such employee, or such person reason-
ably expects will relate to adultery or to sexual activity
that is not unlawful under Federal law.’’.
(b) CONFORMING AMENDMENTS.—The table of chap-
ters of part II of title 18, United States Code, is amended
by inserting after the item relating to chapter 235 the fol-
lowing:
‘‘237. Restrictions ............................................................................... 3761’’.
SEC. 4. LIMITATIONS APPLICABLE TO PROCEEDINGS BE-
FORE THE GRAND JURY.
Rule 6 of the Federal Rules of Criminal Procedure
(18 U.S.C. App.) is amended by adding at the end the
following:
‘‘(h) PHOTOGRAPHIC
RECORDS.—A photographic
record may not be made of a witness who testifies before
a grand jury for the purpose of recording the testimony
such witness gives before the grand jury.’’.
SEC. 5. IMMUNITY FOR CERTAIN GRAND JURY WITNESSES.
Section 6003 of title 18, United States Code, is
amended by adding at the end the following:
‘‘(c) An individual who is a target of an investigation
of a violation of a law of the United States may not be
compelled to appear before a grand jury except under the
terms of an order that is effective as provided in section
6002 of this title.’’.
SEC. 6. EFFECTIVE DATE; APPLICATION OF AMENDMENTS.
(a) EFFECTIVE DATE.—Except as provided in sub-
section (b), this Act and the amendments made by this
Act shall take effect on the date of the enactment of this
Act.
(b) APPLICATION OF AMENDMENTS.—The amend-
ments made by this Act shall apply only with respect to