[Congressional Bills 104th Congress]
[From the U.S. Government Publishing Office]
[S. 1734 Introduced in Senate (IS)]

  2d Session
                                S. 1734

  To prohibit false statements to Congress, to clarify congressional 
    authority to obtain truthful testimony, and for other purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                              May 8, 1996

Mr. Specter (for himself, Mr. Levin, Mr. Stevens, Mr. Nunn, Mr. Cohen, 
   Mr. Inouye, Mr. Jeffords, Mr. Leahy, and Mr. Kohl) introduced the 
 following bill; which was read twice and referred to the Committee on 
                             the Judiciary

_______________________________________________________________________

                                 A BILL


 
  To prohibit false statements to Congress, to clarify congressional 
    authority to obtain truthful testimony, and for other purposes.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

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 United States 
        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 
        statements, representations, writings, or documents submitted 
        to a court in connection with the performance of an 
        adjudicative function.
    ``(b) Penalties.--A person who violates this section shall be fined 
under this title, imprisoned for 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) As used in section 1505, the term `corruptly' means acting 
with an improper purpose, personally or by influencing another, 
including, but not limited to, 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, if the head of 
the department or agency employing the officer or employee has directed 
the officer or employee not to comply with the subpoena or order and 
identified the Executive Branch privilege or objection underlying such 
direction''.

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 
                it appears; and
                    (B) in paragraph (3), by inserting a period at the 
                end.
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