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, 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. If the matter relates to an offense under chapter 109A, 109B, 110, or 117, or section 1591, then the term of imprisonment imposed under this section shall be not more than 8 years.
(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.
section 2 of this titleReference to persons causing or procuring was omitted as unnecessary in view of definition of “principal” in .
section 6 of this titleWords “or any corporation in which the United States of America is a stockholder” in said section 80 were omitted as unnecessary in view of definition of “agency” in .
section 287 of this titleIn addition to minor changes of phraseology, the maximum term of imprisonment was changed from 10 to 5 years to be consistent with comparable sections. (See reviser’s note under .)
Editorial Notes
Amendments
Pub. L. 109–2482006—Subsec. (a). inserted last sentence in concluding provisions.
Pub. L. 108–4582004—Subsec. (a). substituted “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” in concluding provisions.
Pub. L. 104–2921996— reenacted section catchline without change and amended text generally. Prior to amendment, text read as follows: “Whoever, in any matter within the jurisdiction of any department or agency of the United States knowingly and willfully falsifies, conceals or covers up by any trick, scheme, or device a material fact, or makes any false, fictitious or fraudulent statements or representations, or makes or uses any false writing or document knowing the same to contain any false, fictitious or fraudulent statement or entry, shall be fined under this title or imprisoned not more than five years, or both.”
Pub. L. 103–3221994— substituted “fined under this title” for “fined not more than $10,000”.
Statutory Notes and Related Subsidiaries
Change of Name
section 321 of Pub. L. 101–650section 631 of Title 28Reference to United States magistrate or to magistrate deemed to refer to United States magistrate judge pursuant to , set out as a note under , Judiciary and Judicial Procedure.
section 1028A of this titlesection 994 of Title 28“This Act [enacting , amending sections 641 and 1028 of this title, and enacting provisions listed in a table relating to sentencing guidelines set out as a note under , Judiciary and Judicial Procedure] may be cited as the ‘Identity Theft Penalty Enhancement Act’.”
section 1028 of this title“This section [amending ] may be cited as the ‘Secure Authentication Feature and Enhanced Identification Defense Act of 2003’ or ‘SAFE ID Act’.”
Pub. L. 95–521section 1028 of this titlesection 994 of Title 28“This Act [amending sections 982, 1028, and 2516 of this title and section 105 of the Ethics in Government Act of 1978, , set out in the Appendix to Title 5, Government Organization and Employees, and enacting provisions set out as notes under and , Judiciary and Judicial Procedure] may be cited as the ‘Identity Theft and Assumption Deterrence Act of 1998’.”
section 1029 of this titlesection 994 of Title 28“This Act [amending and enacting provisions set out as a note under , Judiciary and Judicial Procedure] may be cited as the ‘Wireless Telephone Protection Act’.”
section 1365 of Title 28“This Act [amending this section, sections 1515 and 6005 of this title, and , Judiciary and Judicial Procedure] may be cited as the ‘False Statements Accountability Act of 1996’.”
Pub. L. 98–473section 1030 of this titlesection 1030 of this title“This chapter [chapter XXI (§§ 2101–2103) of title II of , enacting and provisions set out as a note under ] may be cited as the ‘Counterfeit Access Device and Computer Fraud and Abuse Act of 1984’.”
section 3001 of Title 39“That this Act [enacting sections 1028 and 1738 of this title and amending , Postal Service] may be cited as the ‘False Identification Crime Control Act of 1982’.”