I 

113TH CONGRESS 

1ST SESSION H. R. 265 

To require Federal law enforcement agencies to report to Congress serious 

crimes, authorized as well as unauthorized, committed by their confidential informants. 

IN THE HOUSE OF REPRESENTATIVES 

JANUARY 15, 2013 

Mr. LYNCH introduced the following bill; which was referred to the Committee 

on the Judiciary 

A BILL 

To require Federal law enforcement agencies to report to 

Congress serious crimes, authorized as well as unauthorized, committed by their confidential informants. 

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 ‘‘Confidential Informant 

5 Accountability Act of 2013’’. 

6 SEC. 2. REPORT. 

7 (a) IN GENERAL.—Not later than March 1 and Sep8 tember 1 of each year, the head of each department that 

9 contains a law enforcement agency shall, with respect to 


tjames on DSK6SPTVN1PROD with 
2 

•HR 265 IH

1 each law enforcement agency within that Department, 

2 fully report to the House Committee on Oversight and 

3 Government Reform, the House Committee on the Judici4 ary, the Senate Committee on Homeland Security and 

5 Governmental Affairs, and the Senate Committee on the 

6 Judiciary all serious crimes, authorized and unauthorized, 

7 committed by informants maintained by the law enforce8 ment agency. 

9 (b) PERIOD COVERED.—Each report due on March 

10 1 of a year shall cover serious crimes that took place dur11 ing the 6 month period beginning July 1 and ending De12 cember 31 of the preceding year. Each report due on Sep13 tember 1 of a year shall cover serious crimes that took 

14 place beginning January 1 and ending June 30 of that 

15 year. 

16 (c) CONTENTS.— 

17 (1) REQUIRED.—Each report under subsection 

18 (a) shall include a description of the total number of 

19 each type and category of crime; the amount of 

20 drugs involved if the crime is a drug crime; the 

21 amount of money involved if the crime is a theft or 

22 bribery crime; whether the crime was authorized or 

23 unauthorized; and the State in which each crime 

24 took place. 


tjames on DSK6SPTVN1PROD with 
3 

•HR 265 IH

1 (2) PROHIBITED.—The report shall not contain 

2 individual informant names, informant control num3 bers, or other personal identification information 

4 that could reveal the identity of an individual in5 formant. 

6 (d) ARREST OR CHARGE OF INFORMANT NOT TO AF7 FECT DUTY TO REPORT.—The duty to report crimes 

8 under this section exists regardless of whether the inform9 ant has or has not been arrested or charged with the re10 portable crime in any jurisdiction. 

11 (e) DISCLAIMER.—Nothing in this section limits the 

12 authority and responsibility of the appropriate committees 

13 of each House of Congress to obtain such information as 

14 they may need to carry out their respective functions and 

15 duties. 

16 (f) DEFINITIONS.—In this section— 

17 (1) the term ‘‘department that contains a law 

18 enforcement agency’’ means the Department of Jus19 tice, the Department of Homeland Security, and the 

20 Department of the Treasury; 

21 (2) the term ‘‘law enforcement agency’’ means 

22 Federal Bureau of Investigation, the Drug Enforce23 ment Administration, the United States Secret Serv24 ice, United States Immigration and Customs EnVerDate Mar 15 2010 04:49 Jan 16, 2013 Jkt 029200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\H265.IH H265

tjames on DSK6SPTVN1PROD with 
4 

•HR 265 IH

1 forcement, and the Bureau of Alcohol, Tobacco, 

2 Firearms and Explosives; 

3 (3) the term ‘‘informant’’ means any individual 

4 who is believed to be providing useful and credible 

5 information to the law enforcement agency for any 

6 authorized information collection activity, and from 

7 whom the law enforcement agency expects or intends 

8 to obtain additional useful and credible information 

9 in the future, and whose identity, information, or re10 lationship with the law enforcement agency warrants 

11 confidential handling; and 

12 (4) the term ‘‘serious crime’’ means— 

13 (A) any serious violent felony as that term 

14 is defined in section 3559(c)(2)(F) of title 18, 

15 United States Code; 

16 (B) any serious drug offense as that term 

17 is defined in section 3559(c)(2)(H) of title 18, 

18 United States Code; or 

19 (C) an offense consisting of racketeering, 

20 bribery, child pornography, obstruction of jus21 tice, or perjury; 

22 that an agent or employee of the relevant law en23 forcement agency has reasonable grounds to believe 

24 that an informant has committed. 

Æ 


tjames on DSK6SPTVN1PROD with