Sec. 1505. Obstruction Of Proceedings Before Departments, Agencies,

[allan]

-CITE-

18 USC Sec. 1505 01/19/04

-EXPCITE-

TITLE 18 - CRIMES AND CRIMINAL PROCEDURE

PART I - CRIMES

CHAPTER 73 - OBSTRUCTION OF JUSTICE

-HEAD-

Sec. 1505. Obstruction of proceedings before departments, agencies,

and committees

-STATUTE-

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.

-SOURCE-

(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.)

-MISC1-

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.

-REFTEXT-

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.

-MISC2-

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.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

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

title 29 section 1111.

-End-

[Chuck75]

While this certainly applies to such things as the VA claim's process, it should be noted that one of the major facets of a bureaucratic process is that it is intended to reduce or eliminate personal liability and accountability on the part of a bureaucrat. It does this by obscuring who did what, and making a process "faceless". When an action or non action is accomplished via the process, the idea is that the process is at fault, not the individuals involved.

-CITE-

18 USC Sec. 1505 01/19/04

-EXPCITE-

TITLE 18 - CRIMES AND CRIMINAL PROCEDURE

PART I - CRIMES

CHAPTER 73 - OBSTRUCTION OF JUSTICE

-HEAD-

Sec. 1505. Obstruction of proceedings before departments, agencies,

and committees

-STATUTE-

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.

-SOURCE-

(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.)

-MISC1-

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.

-REFTEXT-

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.

-MISC2-

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.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

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

title 29 section 1111.

-End-