Key Laws & OLC Opinions

U.S. Code, Title 2, The Congress, especially Chapter 6, Congressional and Committee Procedure; Investigations, and Chapter 9D, Office of Senate Legal Counsel

No false statements to Congress

18 U.S.C. § 1001 states that anyone who “knowingly and willfully … falsifies, conceals, or covers up … a material fact” or “makes any materially false, fictitious, or fraudulent statement,” or makes or uses “any false writing” in a matter within the jurisdiction of Congress can be fined, imprisoned for up to five years (eight for terrorism), or both. In general, a person who makes a false statement to a senator, representative, or congressional staffer during an authorized “investigation or review,” including in a deposition, interview, telephone call, letter, or email, risks prosecution. 

Perjury

18 U.S.C. § 1621 makes a misstatement of a “material matter” under oath punishable with a fine, imprisonment of not more than five years, or both.

Congressional obstruction statute

18 U.S.C. § 1505 makes it a crime for anyone to “corruptly” or through the use of “any threatening letter or communication” to “influence, obstruct, or impede” a congressional inquiry or investigation. Violating the statute is punishable with a fine, imprisonment of not more than five years, or both.

Congressional criminal contempt statute

2 U.S.C. § 192 authorizes Congress to find that a person who was summoned as a “witness” before a house of Congress, and who refused to appear, answer questions, or produce requested “papers,” is guilty of a criminal misdemeanor, and subject to a monetary fine or imprisonment of not more than one year. 

Senate civil contempt statutes

2 U.S.C. §§ 288b(b) and 288d, and 28 U.S.C. § 1365 authorize the filing of a civil suit in the U.S. District Court for the District of Columbia against anyone resisting a Senate subpoena other than an executive branch officer or employee (who enjoy a statutory exemption).

Congressional access to tax returns

26 USC § 6103(f) states that the Treasury Secretary, upon receiving a written request from the chair of the House Ways and Means Committee, Senate Finance Committee, or Joint Committee on Taxation, “shall furnish” any specified tax return or tax return information.