H. R. 47
IN THE HOUSE OF REPRESENTATIVES
January 5, 2011
Mr. Issa introduced the following bill; which was referred to the Select Committee on Intelligence (Permanent Select)
To provide a civil penalty for certain misrepresentations made to Congress, and for other purposes.
This Act may be cited as the
Classified Information Accountability
Act of 2011 or
Civil penalty for certain misrepresentation made to Congress
Whoever, being a member of the intelligence community, knowingly and willfully—
falsifies, conceals, or covers up by any trick, scheme, or device a material fact;
makes any materially false, fictitious, or fraudulent statement or representation; or
makes or uses any false writing or document knowing the same to contain any materially false, fictitious, or fraudulent statement or entry;
Employee not To be indemnified
No United States agency or department may directly or indirectly indemnify a person for that person’s liability under this section.
Congressional standing To sue
A Senator or Representative who was a party to the communication with respect to which a violation of subsection (a) took place may in a civil action, recover the civil penalty provided by this section on behalf of the United States, to be deposited in the United States Treasury for public use.
In camera review of classified information
In a civil action under this section, the court shall conduct any review of classified information in camera.
Statute of limitations not applicable
A civil action under this section may be brought at any time without limitation.
In this section—
member of the intelligence community means a person employed by
the intelligence community (as defined in section 3(4) of the National Security
Act of 1947 (50 U.S.C. 404a(4)); and
information means any information or material that has been determined
by the United States Government pursuant to an Executive order, statute, or
regulation, to require protection against unauthorized disclosure for reasons
of national security.