[Congressional Bills 104th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3166 Engrossed Amendment Senate (EAS)]

  
  
  
  
  
  
  
  
  
  

                  In the Senate of the United States,

                                                         July 25, 1996.
      Resolved, That the bill from the House of Representatives (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 Penalty Restoration 
Act''.

SEC. 2. RESTORING FALSE STATEMENTS PROHIBITION.

    Section 1001 of title 18, United States Code, is amended to read as 
follows:
``Sec. 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 jurisdiction of the 
        executive, legislative, or judicial branch of the Federal 
        Government, or any department, 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 document, 
                knowing that the document contains any materially 
                false, fictitious, or fraudulent statement 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 documents 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 CONGRESS.

    Section 1515 of title 18, United States Code, is amended--
            (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, personally or by influencing 
another, including making a false or misleading statement, or 
withholding, concealing, altering, 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 Government 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 IMMUNIZED 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 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 authority to 
        obtain truthful testimony, and for other purposes.''.

            Attest:

                                                             Secretary.
104th CONGRESS

  2d Session

                               H. R. 3166

_______________________________________________________________________

                               AMENDMENTS