[Congressional Bills 104th Congress]
[From the U.S. Government Publishing Office]
[H. Res. 535 Agreed to House (ATH)]







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 amendment, 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 Government 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:

``SECTION 1. SHORT TITLE.

    ``This Act may be cited as the `False Statements Accountability Act 
of 1996'.

``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) Except as otherwise provided in this section, whoever, in 
any matter within the jurisdiction of the executive, 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 document 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 statements, representations, 
writings or documents submitted by such party or counsel to a judge or 
magistrate in that proceeding.
    ```(c) With respect to any matter within the jurisdiction 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 practices, or support 
        services, or a document required by law, rule, or regulation to 
        be submitted to the Congress or any office or officer within 
        the legislative branch; or
            ```(2) any investigation or review, conducted pursuant to 
        the authority of any committee, subcommittee, commission or 
        office of the Congress, consistent with applicable rules of the 
        House or Senate.'.

``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) 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.''.
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