I 111th CONGRESS 1st Session H. R. 2545 IN THE HOUSE OF REPRESENTATIVES May 21, 2009 Mr. Issa (for himself, Mr. Smith of Texas, Mr. King of Iowa, Mr. Campbell, and Mr. Gohmert) 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.

1.

Short title

This Act may be cited as the Classified Information Accountability Act of 2009 or CIA Act.

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.