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






                                                       Calendar No. 507
104th CONGRESS
  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, Mr. Kohl, and Mr. Roth) introduced 
the following bill; which was read twice and referred to the Committee 
                            on the Judiciary

                             July 22, 1996

                Reported by Mr. Hatch, with an amendment
 [Strike out all after the enacting clause and insert the part printed 
                               in italic]

_______________________________________________________________________

                                 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,

<DELETED>SECTION 1. SHORT TITLE.</DELETED>

<DELETED>    This Act may be cited as the ``False Statements Penalty 
Restoration Act''.</DELETED>

<DELETED>SEC. 2. RESTORING FALSE STATEMENTS PROHIBITION.</DELETED>

<DELETED>    Section 1001 of title 18, United States Code, is amended 
to read as follows:</DELETED>
<DELETED>``Sec. 1001. Statements or entries generally</DELETED>
<DELETED>    ``(a) Prohibited Conduct.--</DELETED>
        <DELETED>    ``(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--</DELETED>
                <DELETED>    ``(A) falsifies, conceals, or covers up, 
                by any trick, scheme, or device, a material 
                fact;</DELETED>
                <DELETED>    ``(B) makes any materially false, 
                fictitious, or fraudulent statement or representation; 
                or</DELETED>
                <DELETED>    ``(C) makes or uses any false writing or 
                document, knowing that the document contains any 
                materially false, fictitious, or fraudulent statement 
                or entry.</DELETED>
        <DELETED>    ``(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.</DELETED>
<DELETED>    ``(b) Penalties.--A person who violates this section shall 
be fined under this title, imprisoned for not more than 5 years, or 
both.''.</DELETED>

<DELETED>SEC. 3. CLARIFYING PROHIBITION ON OBSTRUCTING 
              CONGRESS.</DELETED>

<DELETED>    Section 1515 of title 18, United States Code, is amended--
</DELETED>
        <DELETED>    (1) by redesignating subsection (b) as subsection 
        (c); and</DELETED>
        <DELETED>    (2) by inserting after subsection (a) the 
        following new subsection:</DELETED>
<DELETED>    ``(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.''.</DELETED>

<DELETED>SEC. 4. ENFORCING SENATE SUBPOENA.</DELETED>

<DELETED>    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''.</DELETED>

<DELETED>SEC. 5. COMPELLING TRUTHFUL TESTIMONY FROM IMMUNIZED 
              WITNESS.</DELETED>

<DELETED>    Section 6005 of title 18, United States Code, is amended--
</DELETED>
        <DELETED>    (1) in subsection (a), by inserting ``or ancillary 
        to'' after ``any proceeding before''; and</DELETED>
        <DELETED>    (2) in subsection (b)--</DELETED>
                <DELETED>    (A) in paragraphs (1) and (2), by 
                inserting ``or ancillary to'' after ``a proceeding 
                before'' each place it appears; and</DELETED>
                <DELETED>    (B) in paragraph (3), by inserting a 
                period at the end.</DELETED>

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.
                                     





                                                       Calendar No. 507

104th CONGRESS

  2d Session

                                S. 1734

_______________________________________________________________________

                                 A BILL

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

_______________________________________________________________________

                             July 22, 1996

                       Reported with an amendment