In the Senate of the United States,
July 25, 1996.
Resolved, That the bill from the House of Representa-
tives (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:
SECTION 1. SHORT TITLE.
This Act may be cited as the ‘‘False Statements Pen-
alty Restoration Act’’.
SEC. 2. RESTORING FALSE STATEMENTS PROHIBITION.
Section 1001 of title 18, United States Code, is amend-
ed to read as follows:
‘‘§ 1001. Statements or entries generally
‘‘(a) PROHIBITED CONDUCT.—
‘‘(1) IN GENERAL.—A person shall be punished
under subsection (b) if, in any matter within the ju-
risdiction of the executive, legislative, or judicial
HR 3166 EAS
branch of the Federal Government, or any depart-
ment, agency, committee, subcommittee, or office
thereof, that person knowingly and willfully—
‘‘(A) falsifies, conceals, or covers up, by any
trick, scheme, or device, a material fact;
‘‘(B) makes any materially false, fictitious,
or fraudulent statement or representation; or
‘‘(C) makes or uses any false writing or doc-
ument, knowing that the document contains any
materially false, fictitious, or fraudulent state-
ment or entry.
‘‘(2) APPLICABILITY.—This section shall not
apply to parties to a judicial proceeding or anyone
seeking to become a party to a judicial proceeding, or
their counsel, for statements, representations, or docu-
ments submitted by them to a judge in connection
with the performance of an adjudicative function.
‘‘(b) PENALTIES.—A person who violates this section
shall be fined under this title, imprisoned not more than
5 years, or both.’’.
SEC. 3. CLARIFYING PROHIBITION ON OBSTRUCTING CON-
GRESS.
Section 1515 of title 18, United States Code, is amend-
ed—
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(1) by redesignating subsection (b) as subsection
(c); and
(2) by inserting after subsection (a) the following
new subsection:
‘‘(b) CORRUPTLY.—As used in section 1505, the term
‘corruptly’ means acting with an improper purpose, person-
ally or by influencing another, including making a false
or misleading statement, or withholding, concealing, alter-
ing, or destroying 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 gov-
ernmental privilege or objection the assertion of which has
been authorized by the executive branch of the Federal Gov-
ernment’’.
SEC. 5. COMPELLING TRUTHFUL TESTIMONY FROM IMMU-
NIZED WITNESS.
Section 6005 of title 18, United States Code, is amend-
ed—
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(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 inserting
‘‘or ancillary to’’ after ‘‘a proceeding before’’
each place that term appears; and
(B) in paragraph (3), by adding a period
at the end.
Amend the title so as to read: ‘‘An Act to prohibit
false statements to Congress, to clarify congressional au-
thority to obtain truthful testimony, and for other pur-
poses.’’.
Attest:
Secretary.