[Congressional Bills 106th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2876 Introduced in House (IH)]







106th CONGRESS
  1st Session
                                H. R. 2876

To amend the Federal Rules of Evidence regarding testimonial privileges 
of parents, children, and members of the Secret Service; to amend title 
  18 of the United States Code to restrict prosecutorial conduct with 
  respect to sexual activity not unlawful under Federal law, and for 
                            other purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                           September 15, 1999

 Ms. Lofgren introduced the following bill; which was referred to the 
                       Committee on the Judiciary

_______________________________________________________________________

                                 A BILL


 
To amend the Federal Rules of Evidence regarding testimonial privileges 
of parents, children, and members of the Secret Service; to amend title 
  18 of the United States Code to restrict prosecutorial conduct with 
  respect to sexual activity not unlawful under Federal law, 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 ``Kenneth Starr Corrections Act of 
1999''.

SEC. 2. TESTIMONIAL PRIVILEGES IN FEDERAL, CIVIL AND CRIMINAL 
              PROCEEDINGS.

    Rule 501 of the Federal Rules of Evidence (28 U.S.C. App.) is 
amended--
            (1) in the 1st sentence by inserting ``(a)'' before 
        ``Except'',
            (2) in the 2d sentence by striking ``However, in'' and 
        inserting the following:
    ``(d) Notwithstanding any other provision of this section, in'', 
and
            (3) by inserting after the first sentence the following:
    ``(b)(1) A witness may not be compelled to testify against a child 
or parent of the witness.
    ``(2) A witness may not be compelled to disclose the content of a 
confidential communication with a child or parent of the witness.
    ``(3) For purposes of this subdivision, `child' means, with respect 
to an individual, a birth, adoptive, or step-child of the individual, 
and any person (such as a foster child or a relative of whom the 
individual has long-term custody) with respect to whom the court 
recognizes the individual as having a right to act as a parent.
    ``(4) The privileges provided in this subdivision shall be governed 
by principles of the common law, as they may be interpreted by the 
courts of the United States in the light of reason and experience, that 
are similar to the principles that apply to the similar privileges of a 
witness with respect to a spouse of the witness.
    ``(c) A member of the United States Secret Service may not be 
compelled to testify with respect to any conversation of the President 
heard by such member while such member is on duty.''.

SEC. 3. RESTRICTIONS ON PROSECUTORIAL CONDUCT.

    (a) Amendment.--Part II of title 18, United States Code, is amended 
by adding at the end the following:

                      ``CHAPTER 237--RESTRICTIONS

``Sec.
``3761. Restrictions on prosecutorial conduct.

``Sec. 3761. Restrictions on prosecutorial conduct
    ``(a) Perjury Prosecutions Based on Grand Jury Testimony.--A 
criminal proceeding for perjury or false statement may not be brought 
against a witness based on a statement made by the witness to the grand 
jury if--
            ``(1) such statement is made in response to a question 
        that--
                    ``(A) is asked by the prosecutor or a member of the 
                grand jury; and
                    ``(B) arises from or has any basis in physical 
                nontestimonial evidence available, and then known, to 
                the prosecutor; and
            ``(2) the prosecutor fails--
                    ``(A) to provide such evidence to the witness 
                before the conclusion of the testimony of the witness; 
                or
                    ``(B) to allow the witness, after receiving such 
                evidence, to explain or modify any testimony given by 
                the witness to the grand jury.
    ``(b) Perjury Prosecutions Based on Certain Affidavits in Civil 
Cases.--A criminal proceeding may not be commenced by an officer or 
employee of the United States against an individual for making a false 
statement that relates to adultery or to sexual activity that is not 
unlawful under Federal law, in an affidavit filed in a noncriminal 
proceeding.
    ``(c) Limitation on Power To Authorize Certain Recordings.--An 
officer or employee of an agency of the United States may not authorize 
any person to make an audio or video record of a private communication 
that such officer, such employee, or such person reasonably expects 
will relate to adultery or to sexual activity that is not unlawful 
under Federal law.''.
    (b) Conforming Amendments.--The table of chapters of part II of 
title 18, United States Code, is amended by inserting after the item 
relating to chapter 235 the following:

``237. Restrictions.........................................    3761''.

SEC. 4. LIMITATIONS APPLICABLE TO PROCEEDINGS BEFORE THE GRAND JURY.

    Rule 6 of the Federal Rules of Criminal Procedure (18 U.S.C. App.) 
is amended by adding at the end the following:
    ``(h) Photographic Records.--A photographic record may not be made 
of a witness who testifies before a grand jury for the purpose of 
recording the testimony such witness gives before the grand jury.''.

SEC. 5. IMMUNITY FOR CERTAIN GRAND JURY WITNESSES.

    Section 6003 of title 18, United States Code, is amended by adding 
at the end the following:
    ``(c) An individual who is a target of an investigation of a 
violation of a law of the United States may not be compelled to appear 
before a grand jury except under the terms of an order that is 
effective as provided in section 6002 of this title.''.

SEC. 6. EFFECTIVE DATE; APPLICATION OF AMENDMENTS.

    (a) Effective Date.--Except as provided in subsection (b), this Act 
and the amendments made by this Act shall take effect on the date of 
the enactment of this Act.
    (b) Application of Amendments.--The amendments made by this Act 
shall apply only with respect to conduct occurring after the date of 
the enactment of this Act.
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