Pub.L. 104-293 To authorize appropriations for fiscal year 1997 for intelligence and ...

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[[Page 110 STAT. 3459]]

Public Law 104-292
104th Congress

                                 An Act


 
<<NOTE: Oct. 11, 1996 -  [H.R. 3166]>> To amend title 18, United States 
   Code, with respect to the crime of false statement in a Government 
                                 matter.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled, <<NOTE: False Statements 
Accountability Act of 1996.>> 

<<NOTE: 18 USC 1001 note.>> 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.''.

[[Page 110 STAT. 3460]]

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.

    Approved October 11, 1996.

LEGISLATIVE HISTORY--H.R. 3166 (S. 1734):
---------------------------------------------------------------------------

HOUSE REPORTS: No. 104-680 (Comm. on the Judiciary).
CONGRESSIONAL RECORD, Vol. 142 (1996):
            July 16, 17, considered and passed House.
            July 25, considered and passed Senate, amended.
            Sept. 26, House concurred in Senate amendments with an 
                amendment.
            Sept. 27, Senate concurred in House amendment.

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