[Congressional Record Volume 142, Number 111 (Thursday, July 25, 1996)]
[Senate]
[Pages S8923-S8924]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




               THE GOVERNMENT ACCOUNTABILITY ACT OF 1996

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                SPECTER (AND OTHERS) AMENDMENT NO. 5091

  Mr. MURKOWSKI (for Mr. Specter, for himself, Mr. Levin, Mr. Roth, Mr. 
Nunn, Mr. Stevens, Mr. Inouye, Mr. Grassley, Mr. Leahy, Mr. Cohen, Mr. 
Kohl, and Mr. Jeffords) proposed an amendment to the bill (H.R. 3166) 
to amend title 18, United States Code, with respect to the crime of 
false statement in a Government matter; as follows:

       Strike all after the enacting clause and insert the 
     following:

     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;

[[Page S8924]]

       ``(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.

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