I 

111TH CONGRESS 

1ST SESSION H. R. 743 

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. 

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 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Executive Account5 ability Act of 2009’’. 

6 SEC. 2. FINDINGS. 

7 The Congress finds the following: 


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1 (1) In 1770, John Adams wrote in ‘‘Argument 

2 in Defense of Soldier in the Boston Massacre 

3 Trials’’: ‘‘Facts are stubborn things; and whatever 

4 may be our wishes, our inclinations, or the dictates 

5 of our passion, they cannot alter the state of facts 

6 and evidence.’’. 

7 (2) In 1787, John Jay wrote in ‘‘The Federalist 

8 No. 4’’: ‘‘There are pretended as well as just causes 

9 of war.’’. 

10 (3) In 1865, Abraham Lincoln said: ‘‘I have 

11 faith in the people . . . the danger is, they are mis12 led. Let them know the truth and the country is 

13 safe.’’. 

14 SEC. 3. PROHIBITION AGAINST EXECUTIVE BRANCH MIS15 REPRESENTATIONS MADE FOR THE PURPOSE 

16 OF GAINING SUPPORT FOR THE USE OF THE 

17 ARMED FORCES OF THE UNITED STATES. 

18 (a) IN GENERAL.—Chapter 47 of title 18, United 

19 States Code, is amended by adding at the end the fol20 lowing: 

21 ‘‘§ 1041. Executive branch misrepresentations for the 

22 purpose of gaining support for the use of 

23 the Armed Forces of the United States 

24 ‘‘(a) Whoever, being a covered official, for the pur25 pose of influencing a member of the Congress to authorize 


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1 the use of the Armed Forces of the United States, know2 ingly and willfully— 

3 ‘‘(1) falsifies, conceals, or covers up by any 

4 trick, scheme, or device a material fact; 

5 ‘‘(2) makes any materially false, fictitious, or 

6 fraudulent statement or representation; or 

7 ‘‘(3) makes or uses any false writing or docu8 ment knowing the same to contain any materially 

9 false, fictitious, or fraudulent statement or entry, 

10 shall be fined under this title, imprisoned not more than 

11 10 years, or both. 

12 ‘‘(b) In subsection (a), the term ‘covered official’ 

13 means the President or an officer or employee of the exec14 utive branch of the Government.’’. 

15 (b) SUSPENSION OF LIMITATIONS DURING PRESI16 DENTIAL TERM.—Chapter 213 of such title is amended 

17 by adding at the end the following: 

18 ‘‘§ 3301. Suspension of limitations during Presidential 

19 term 

20 ‘‘The running of any statute of limitations applicable 

21 to an offense under section 1041 shall be suspended until 

22 the end of the term of the President in office at the time 

23 the offense is committed.’’. 

24 (c) CLERICAL AMENDMENTS.— 


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1 (1) The table of sections for chapter 47 of such 

2 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.’’. 

3 (2) The table of sections for chapter 213 of 

4 such title is amended by adding at the end the fol5 lowing: 

‘‘3301. Suspension of limitations during Presidential term.’’. 

6 SEC. 4. REFERRAL OF VIOLATIONS FOR PROSECUTION. 

7 (a) REFERRAL FOR PROSECUTION.—If a House of 

8 Congress passes a resolution or concurrent resolution in 

9 which the House of Congress finds that a violation of sec10 tion 1041 of title 18, United States Code, has occurred, 

11 the referring party of the House of Congress shall trans12 mit a copy of the resolution to the Attorney General. 

13 (b) REFERRING PARTY DEFINED.—In this section, 

14 the term ‘‘referring party’’ means— 

15 (1) in the case of the House of Representatives, 

16 the Clerk of the House of Representatives; or 

17 (2) in the case of the Senate, the Secretary of 

18 the Senate. 

Æ 


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