§ 1505. Obstruction of proceedings before departments, agencies, and committees

Legislative history

Reconstructed from this section’s Code source credit and amendment notes, resolved against the local Statutes at Large. Editorial notes are evidence, not the law that made the change.

1. 1948

   Pub. L. 80–645 · 62 Stat. 683

   Enacted · 18 U.S.C. § 1505

   June 25, 1948, ch. 645, 62 Stat. 770

   Source evidence

   Code source credit
   June 25, 1948, ch. 645, 62 Stat. 770

2. 1962

   Antitrust Civil Process Act

   Pub. L. 87–664 § 6(a) · 76 Stat. 548

   Substituted · 18 U.S.C. § 1505

   Pub. L. 87–664 substituted section catchline “Obstruction of proceedings before departments, agencies, and committees” for “Influencing or injuring witness before agencies and committees” and punished the willful removal, concealment, destruction, mutilation, alteration or falsification of documents which were the subject of a demand under the Antitrust Civil Process Act if done with the intent to prevent compliance with a civil investigative demand

   Source evidence

   Code amendment note
   Pub. L. 87–664 substituted section catchline “Obstruction of proceedings before departments, agencies, and committees” for “Influencing or injuring witness before agencies and committees” and punished the willful removal, concealment, destruction, mutilation, alteration or falsification of documents which were the subject of a demand under the Antitrust Civil Process Act if done with the intent to prevent compliance with a civil investigative demand.

   Enacted provision · exact public law section
   (a) Section 1505, title 18, United States Code, is amended 62 Stat. 770. to read as follows: “§ 1505. Obstruction of proceedings before departments, agencies, and committees “Whoever corruptly, or by threats or force, or by any threatening letter or communication, endeavors to influence, intimidate, or impede any witness in any proceeding pending before any department or agency of the United States, or in connection with any inquiry or investigation being had by either House, or any committee of either House, or any joint committee of the Congress; or “Whoever injures any party or witness in his person or property on account of his attending or having attended such proceeding, inquiry, or investigation, or on account of his testifying or having testified to any matter pending therein; or “Whoever, with intent to avoid, evade, prevent, or obstruct compliance in whole or in part with any civil investigative demand duly and properly made under the Antitrust Civil Process Act willfully removes from any place, conceals, destroys, mutilates, alters, or by other means falsifies any documentary material which is the subject of such demand; or “Whoever corruptly, or by threats or force, or by any threatening letter or communication influences, obstructs, or impedes or endeavors to influence, obstruct, or impede the due and proper administration of the law under which such proceeding is being had before such department or agency of the United States, or the due and proper exercise of the power of inquiry under which such inquiry or investigation is being had by either House, or any committee of either House or any joint committee of the Congress— “Shall be fined not more than $5,000 or imprisoned not more than five years, or both.”

3. 1970

   Organized Time Control Act of 1970

   Pub. L. 91–452 title IX § 903 · 84 Stat. 922

   Inserted · 18 U.S.C. § 1505

   Pub. L. 91–452 inserted reference to section 1968 of this title

   Source evidence

   Code amendment note
   Pub. L. 91–452 inserted reference to section 1968 of this title.

   Enacted provision · exact public law section
   Sec. 903. The third paragraph, section 1505, title 18, United States Code, is amended by inserting “or section 1968 of this title” after 76 Stat. 551. “Act” and before “willfully”.

4. 1976

   Hart-Scott-Rodino Antitrust Improvements Act of 1976

   Pub. L. 94–435 title I § 105 · 90 Stat. 1383

   1. Struck · 18 U.S.C. § 1505

      Pub. L. 94–435 struck out “section 1968 of this title” after “Antitrust Civil Process Act”

   2. Inserted · 18 U.S.C. § 1505

      Pub. L. 94–435 inserted “withholds, misrepresents” after “willfully”, “covers up” after “conceals”, “answers to written interrogatories, or oral testimony”, after “any documentary material”, and “or attempts to do so or solicits another to do so;” after “such demand”

   Source evidence

   Code amendment note
   Pub. L. 94–435 struck out “section 1968 of this title” after “Antitrust Civil Process Act”, inserted “withholds, misrepresents” after “willfully”, “covers up” after “conceals”, “answers to written interrogatories, or oral testimony”, after “any documentary material”, and “or attempts to do so or solicits another to do so;” after “such demand”.

   Enacted provision · exact public law section
   Sec. 105. criminal penalty The third paragraph of section 1505 of title 18, United States Code, is amended to read as follows: “Whoever, with intent to avoid, evade, prevent, or obstruct compliance, in whole or in part, with any civil investigative demand duly and properly made under the Antitrust Civil Process Act, willfully 15 USC 1311 note. withholds, misrepresents, removes from any place, conceals, covers up, destroys, mutilates, alters, or by other means falsifies any documentary material, answers to written interrogatories, or oral testimony, which is the subject of such demand; or attempts to do so or solicits another to do so; or”.

5. 1982

   Victim and Witness Protection Act of 1982

   Pub. L. 97–291 § 4(d) · 96 Stat. 1248

   1. Substituted · 18 U.S.C. § 1505

      Pub. L. 97–291 struck out first two paragraphs which provided, respectively, that whoever corruptly, or by threats or force, or by any threatening letter or communication, endeavored to influence, intimidate, or impede any witness in any proceeding pending before any department or agency of the United States, or in connection with any inquiry or investigation being had by either House, or any committee of either House, or any joint committee of the Congress, and whoever injured any party or witness in his person or property on account of his attending or having attended such proceeding, inquiry, or investigation, or on account of his testifying or having testified to any matter pending therein, would be subject to the penalty set forth in the last paragraph, and in the fourth paragraph substituted “any pending” for “such” after “law under which”

   2. Substituted · 18 U.S.C. § 1505

      Pub. L. 97–291 substituted “any” for “such” before “department” and before “inquiry”

   Source evidence

   Code amendment note
   Pub. L. 97–291 struck out first two paragraphs which provided, respectively, that whoever corruptly, or by threats or force, or by any threatening letter or communication, endeavored to influence, intimidate, or impede any witness in any proceeding pending before any department or agency of the United States, or in connection with any inquiry or investigation being had by either House, or any committee of either House, or any joint committee of the Congress, and whoever injured any party or witness in his person or property on account of his attending or having attended such proceeding, inquiry, or investigation, or on account of his testifying or having testified to any matter pending therein, would be subject to the penalty set forth in the last paragraph, and in the fourth paragraph substituted “any pending” for “such” after “law under which”, and substituted “any” for “such” before “department” and before “inquiry”.

   Enacted provision · exact public law section
   (d) section 1505 of title 18 of the United States Code is amended by— (1) striking out paragraphs (1) and (2); (2) striking out “such” the first place it appears in the fourth paragraph and inserting in lieu thereof “any pending”; (3) striking out “such” the second place it appears in the fourth paragraph and inserting in lieu thereof “any”; and (4) striking out “such inquiry” in the fourth paragraph and inserting in lieu thereof “any inquiry”.

   Effective date note
   Amendment by Pub. L. 97–291 effective Oct. 12, 1982, see section 9(a) of Pub. L. 97–291, set out as an Effective Date note under section 1512 of this title.

6. 1994

   Violent Crime Control and Law Enforcement Act of 1994

   Pub. L. 103–322 title XXXIII § 330016(1)(K) · 108 Stat. 1796

   Substituted · 18 U.S.C. § 1505

   Pub. L. 103–322 substituted “fined under this title” for “fined not more than $5,000” in last par

   Source evidence

   Code amendment note
   Pub. L. 103–322 substituted “fined under this title” for “fined not more than $5,000” in last par.

   Enacted provision · exact public law section
   (K) in sections 35, 81, 112, 152, 153, 155, 212, 213, 214, 285, 334, 351, 435, 436, 438, 471, 472, 473, 476, 477, 478, 481, 485, 487, 488, 497, 498, 505, 506, 508, 509, 541, 542, 543, 544, 546, 547, 548, 549, 550, 551, 552, 592, 593, 602, 603, 606, 607, 642, 655, 658, 659, 660, 661, 663, 751, 799, 844, 872, 874, 875, 876, 877, 878, 914, 915, 924, 953, 954, 956, 1004, 1010, 1011, 1015, 1017, 1025, 1028, 1071, 1073, 1074, 1163, 1169, 1231, 1265, 1363, 1421, 1422, 1423, 1424, 1425, 1426, 1427, 1428, 1429, 1461, 1462, 1463, 1465, 1503, 1505, 1506, 1507, 1510, 1581, 1582, 1583, 1584, 1585, 1588, 1658, 1659, 1717, 1732, 1735, 1737, 1751, 1906, 1907, 1908, 1909, 1915, 1991, 2072, 2073, 2113, 2217, 2152, 2197, 2231, 2244, 2314, 2316, 2317, 2344, and 2701 by striking “not more than $5,000” each place it appears and inserting “under this title”;

7. 2004

   Stop Terrorist and Military Hoaxes Act of 2004

   Pub. L. 108–458 title VI § 6703(a) · 118 Stat. 3638

   Substituted · 18 U.S.C. § 1505

   Pub. L. 108–458, which directed amendment of the third undesignated paragraph of this section by substituting “be fined under this title, imprisoned not more than 5 years or, if the offense involves international or domestic terrorism (as defined in section 2331), imprisoned not more than 8 years, or both” for “be fined under this title or imprisoned not more than 5 years, or both”, was executed by making the substitution for “be fined under this title or imprisoned not more than five years, or both”, to reflect the probable intent of Congress

   Source evidence

   Code amendment note
   Pub. L. 108–458, which directed amendment of the third undesignated paragraph of this section by substituting “be fined under this title, imprisoned not more than 5 years or, if the offense involves international or domestic terrorism (as defined in section 2331), imprisoned not more than 8 years, or both” for “be fined under this title or imprisoned not more than 5 years, or both”, was executed by making the substitution for “be fined under this title or imprisoned not more than five years, or both”, to reflect the probable intent of Congress.

   Enacted provision · exact public law section
   (a) Enhanced Penalty.— Section 1001(a) and the third undesignated paragraph of section 1505 of title 18, United States Code, are amended by striking “be fined under this title or imprisoned not more than 5 years, or both” and inserting “be fined under this title, imprisoned not more than 5 years or, if the offense involves international or domestic terrorism (as defined in section 2331), imprisoned not more than 8 years, or both”.

8 of 9 references resolved to an enrolled provision · 1 partial