HR 47
112th CONGRESS
1st Session
H. R. 47
To provide a civil penalty for certain misrepresentations made to
Congress, and for other purposes.
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)
A BILL
To provide a civil penalty for certain misrepresentations made to
Congress, and for other purposes.
Be it enacted by the Senate and House of Representatives of the United
States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the `Classified Information Accountability Act of
2011' or `CIA Act'.
SEC. 2. CIVIL PENALTY FOR CERTAIN MISREPRESENTATION MADE TO CONGRESS.
(a) In General- Whoever, being a member of the intelligence community, knowingly
and willfully--
(1) falsifies, conceals, or covers up by any trick, scheme, or device a
material fact;
(2) makes any materially false, fictitious, or fraudulent statement or representation;
or
(3) makes or uses any false writing or document knowing the same to contain
any materially false, fictitious, or fraudulent statement or entry;
in any communication to a United States Senator or Representative that involves
classified material shall be liable for a civil penalty of not more than $10,000.
(b) 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.
(c) 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.
(d) In Camera Review of Classified Information- In a civil action under this
section, the court shall conduct any review of classified information in camera.
(e) Statute of Limitations Not Applicable- A civil action under this section
may be brought at any time without limitation.
(f) Definitions- In this section--
(1) the term `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
(2) the term `classified 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.
END
