H. R. 3228
IN THE HOUSE OF REPRESENTATIVES
October 14, 2011
Mr. Lynch introduced the following bill; which was referred to the Committee on the Judiciary
To require Federal law enforcement agencies to report to Congress serious crimes, authorized as well as unauthorized, committed by their confidential informants, to amend title 28, United States Code, with respect to certain tort claims arising out of the criminal misconduct of confidential informants, and for other purposes.
This Act may be cited as the
Confidential Informant Accountability
Act of 2011.
Not later than March 1 and September 1 of each year, the head of each department that contains a law enforcement agency shall, with respect to each law enforcement agency within that Department, fully report to the House Committee on Oversight and Government Reform, the House Committee on the Judiciary, the Senate Committee on Homeland Security and Governmental Affairs, and the Senate Committee on the Judiciary all serious crimes, authorized and unauthorized, committed by informants maintained by the law enforcement agency.
Each report due on March 1 of a year shall cover serious crimes that took place during the 6 month period beginning July 1 and ending December 31 of the preceding year. Each report due on September 1 of a year shall cover serious crimes that took place beginning January 1 and ending June 30 of that year.
Each report under subsection (a) shall include a description of the total number of each type and category of crime; the amount of drugs involved if the crime is a drug crime; the amount of money involved if the crime is a theft or bribery crime; whether the crime was authorized or unauthorized; and the state in which each crime took place.
The report shall not contain individual informant names, informant control numbers, or other personal identification information that could reveal the identity of an individual informant.
Arrest or charge of informant not To affect duty To report
The duty to report crimes under this section exists regardless of whether the informant has or has not been arrested or charged with the reportable crime in any jurisdiction.
Nothing in this section limits the authority and responsibility of the appropriate committees of each House of Congress to obtain such information as they may need to carry out their respective functions and duties.
In this section—
department that contains a law enforcement agency means the
Department of Justice, the Department of Homeland Security, and the Department
of the Treasury;
agency means Federal Bureau of Investigation, the Drug Enforcement
Administration, the United States Secret Service, United States Immigration and
Customs Enforcement, and the Bureau of Alcohol, Tobacco, Firearms and
informant means any individual who is believed to be providing
useful and credible information to the law enforcement agency for any
authorized information collection activity, and from whom the law enforcement
agency expects or intends to obtain additional useful and credible information
in the future, and whose identity, information, or relationship with the law
enforcement agency warrants confidential handling; and
serious crime means—
any serious violent felony as that term is defined in section 3559(c)(2)(F) of title 18, United States Code;
any serious drug offense as that term is defined in section 3559(c)(2)(H) of title 18, United States Code; or
an offense consisting of racketeering, bribery, child pornography, obstruction of justice, or perjury;
Tort claims arising out of the criminal misconduct of a confidential informant
Section 2401(b) of title 28, United States Code, is amended—
A tort claim and inserting
(1) Except as provided in
paragraph (2); and
by adding at the end the following:
In the case of a claim arising out of the
conduct of an employee of the Government with respect to the criminal
misconduct of a Government informant, paragraph (1) shall be applied by
The amendments made by this section shall apply with respect to any claim that—
accrued on or after May 1, 1982; and
is presented not later than one year after the date of enactment of this Act.