Melvin Watt: “Mr. Speaker, this bill overturns the 1995 Supreme Court case of United States versus Hubbard in which the Supreme Court…”

“Mr. Speaker, this bill overturns the 1995 Supreme Court case of United States versus Hubbard in which the Supreme Court overturned 40 years of case law to hold that section 1001 of title 18 of the United States Code does not allow prosecution for false statements made to the judiciary or to Congress. In essence, the Court's holding allows individuals to make false statements to Congress with impunity. When this bill was originally marked up in subcommittee, I was concerned that legislative advocacy not be criminalized. At full committee, however, an amendment providing an exception for legislative advocacy was passed unanimously. In a conference with the Senate, this exception has been further refined. As a result, statements made to Congress for the purpose of legislative advocacy will not be prosecutable. Not only Members of Congress but lobbyists and members of the public will be protected by this provision. I believe that a legislative advocacy exception is necessary, because in the heat of intense arguments over legislation, positions may be exaggerated or overemphasized. Such statements should not be subject to potential prosecution. This amendment will ensure that Members of Congress and members of the public will continue to engage in full uncensored debate over legislation. At the same time, this bill does not protect those who make false statements to Congress in other contexts.”