It really doesn't matter. Lying to Congress is a crime even when not under oath.
Under the United States Code, title 18, section 1001, a person who knowingly or willingly makes a material statement that is false, or fraudulent, to the feds, is guilty of a crime. What comes as a surprise to many is that unlike section 1621, section 1001 does not require that a person be under oath.
https://blogs.findlaw.com/blotter/2017/03/what-are-the-penalties-for-lying-to-congress.html