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



[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
  January 24, 2002 and December 19, 2002]
[CITE: 18USC1505]

 
                 TITLE 18--CRIMES AND CRIMINAL PROCEDURE
 
                             PART I--CRIMES
 
                   CHAPTER 73--OBSTRUCTION OF JUSTICE
 
Sec. 1505. Obstruction of proceedings before departments, 
        agencies, and committees
        
    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 
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
    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 any pending proceeding is being had before any 
department or agency of the United States, or the due and proper 
exercise of the power of inquiry under which any 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 under this title or imprisoned not more than five 
years, or both.

(June 25, 1948, ch. 645, 62 Stat. 770; Pub. L. 87-664, Sec. 6(a), Sept. 
19, 1962, 76 Stat. 551; Pub. L. 91-452, title IX, Sec. 903, Oct. 15, 
1970, 84 Stat. 947; Pub. L. 94-435, title I, Sec. 105, Sept. 30, 1976, 
90 Stat. 1389; Pub. L. 97-291, Sec. 4(d), Oct. 12, 1982, 96 Stat. 1253; 
Pub. L. 103-322, title XXXIII, Sec. 330016(1)(K), Sept. 13, 1994, 108 
Stat. 2147.)


                      Historical and Revision Notes

    Based on title 18, U.S.C., 1940 ed., Sec. 241a, (Mar. 4, 1909, ch. 
321, Sec. 135a, as added Jan. 13, 1940, ch. 1, 54 Stat. 13; June 8, 
1945, ch. 178, Sec. 2, 59 Stat. 234).
    Word ``agency'' was substituted for the words ``independent 
establishment, board, commission'' in two instances to eliminate any 
possible ambiguity as to scope of section. (See definitive section 6 of 
this title.)
    Minor changes were made in phraseology.

                       References in Text

    The Antitrust Civil Process Act, referred to in text, is Pub. L. 87-
664, Sept. 19, 1962, 76 Stat. 548, as amended, which is classified 
generally to chapter 34 (Sec. 1311 et seq.) of Title 15, Commerce and 
Trade. For complete classification of this Act to the Code, see Short 
Title note set out under section 1311 of Title 15 and Tables.


                               Amendments

    1994--Pub. L. 103-322 substituted ``fined under this title'' for 
``fined not more than $5,000'' in last par.
    1982--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''.
    1976--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''.
    1970--Pub. L. 91-452 inserted reference to section 1968 of this 
title.
    1962--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.


                    Effective Date of 1982 Amendment

    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.


                    Effective Date of 1976 Amendment

    Amendment by Pub. L. 94-435 effective Sept. 30, 1976, see section 
106 of Pub. L. 94-435, set out as a note under section 1311 of Title 15, 
Commerce and Trade.

                  Section Referred to in Other Sections

    This section is referred to in sections 201, 1515 of this title; 
title 29 section 1111.



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