I 111th CONGRESS 1st Session H. R. 743 IN THE HOUSE OF REPRESENTATIVES January 28, 2009 Mr. Jones (for himself and Mr. Abercrombie) introduced the following bill; which was referred to the Committee on the Judiciary A BILL To prohibit the President or any other executive branch official from knowingly and willfully misleading the Congress or the people of the United States, for the purpose of gaining support for the use of the Armed Forces of the United States.

1.

Short title

This Act may be cited as the Executive Accountability Act of 2009.

2.

Findings

The Congress finds the following: (1)In 1770, John Adams wrote in Argument in Defense of Soldier in the Boston Massacre Trials: Facts are stubborn things; and whatever may be our wishes, our inclinations, or the dictates of our passion, they cannot alter the state of facts and evidence.. (2)In 1787, John Jay wrote in The Federalist No. 4: There are pretended as well as just causes of war.. (3)In 1865, Abraham Lincoln said: I have faith in the people … the danger is, they are misled. Let them know the truth and the country is safe..

3.

Prohibition against executive branch misrepresentations made for the purpose of gaining support for the use of the Armed Forces of the United States

(a)

In general

Chapter 47 of title 18, United States Code, is amended by adding at the end the following:

1041.

Executive branch misrepresentations for the purpose of gaining support for the use of the Armed Forces of the United States

(a)Whoever, being a covered official, for the purpose of influencing a member of the Congress to authorize the use of the Armed Forces of the United States, 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, shall be fined under this title, imprisoned not more than 10 years, or both.(b)In subsection (a), the term covered official means the President or an officer or employee of the executive branch of the Government.

. (b)

Suspension of limitations during Presidential term

Chapter 213 of such title is amended by adding at the end the following:

3301.

Suspension of limitations during Presidential term

The running of any statute of limitations applicable to an offense under section 1041 shall be suspended until the end of the term of the President in office at the time the offense is committed.

. (c)

Clerical amendments

(1)The table of sections for chapter 47 of such title is amended by adding at the end the following: 1041. Executive branch misrepresentations for the purpose of gaining support for the use of the Armed Forces of the United States. . (2)The table of sections for chapter 213 of such title is amended by adding at the end the following: 3301. Suspension of limitations during Presidential term. .

4.

Referral of violations for prosecution

(a)

Referral for prosecution

If a House of Congress passes a resolution or concurrent resolution in which the House of Congress finds that a violation of section 1041 of title 18, United States Code, has occurred, the referring party of the House of Congress shall transmit a copy of the resolution to the Attorney General. (b)

Referring party defined

In this section, the term referring party means— (1)in the case of the House of Representatives, the Clerk of the House of Representatives; or (2)in the case of the Senate, the Secretary of the Senate.