I 

115TH CONGRESS 

1ST SESSION H. R. 1857 

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 

APRIL 3, 2017 

Mr. LYNCH (for himself and Mr. CUMMINGS) 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 2017’’. 

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 


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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— 

7 (1) all serious crimes, authorized and unauthor8 ized, committed by informants maintained by the 

9 law enforcement agency; 

10 (2) the amounts expended by the law enforce11 ment agency on payments to such informants; and 

12 (3) the amounts received by the law enforce13 ment agency through the information from or co14 operation by the informant. 

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

16 1 of a year shall cover serious crimes that took place dur17 ing the 6-month period beginning July 1 and ending De18 cember 31 of the preceding year. Each report due on Sep19 tember 1 of a year shall cover serious crimes that took 

20 place beginning January 1 and ending June 30 of that 

21 year. 

22 (c) CONTENTS.— 

23 (1) REQUIRED.—Each report under subsection 

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

25 each type and category of crime; the amount of 


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

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

3 bribery crime; whether the crime was authorized or 

4 unauthorized; the State in which each crime took 

5 place; and any amounts expended from sources other 

6 than appropriated amounts, including from assets 

7 seized and forfeited by offenders and any tangible 

8 benefits, including relocation costs, rent, travel ex9 penses, or other transfers in kind. 

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

11 individual informant names, informant control num12 bers, or other personal identification information 

13 that could reveal the identity of an individual in14 formant. 

15 (d) ARREST OR CHARGE OF INFORMANT NOT TO AF16 FECT DUTY TO REPORT.—The duty to report crimes 

17 under this section exists regardless of whether the inform18 ant has or has not been arrested or charged with the re19 portable crime in any jurisdiction. 

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

21 authority and responsibility of the appropriate committees 

22 of each House of Congress to obtain such information as 

23 they may need to carry out their respective functions and 

24 duties. 

25 (f) DEFINITIONS.—In this section— 


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

2 enforcement agency’’ means the Department of Jus3 tice, the Department of Homeland Security, and the 

4 Department of the Treasury; 

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

6 the Federal Bureau of Investigation, the Drug En7 forcement Administration, the United States Secret 

8 Service, United States Immigration and Customs 

9 Enforcement, and the Bureau of Alcohol, Tobacco, 

10 Firearms and Explosives; 

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

12 who is believed to be providing useful and credible 

13 information to the law enforcement agency for any 

14 authorized information collection activity, and from 

15 whom the law enforcement agency expects or intends 

16 to obtain additional useful and credible information 

17 in the future, and whose identity, information, or re18 lationship with the law enforcement agency warrants 

19 confidential handling; and 

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

21 (A) any serious violent felony as that term 

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

23 United States Code; 


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1 (B) any serious drug offense as that term 

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

3 United States Code; 

4 (C) an offense involving the theft of 

5 $500,000 or greater; or 

6 (D) an offense consisting of racketeering, 

7 bribery, child pornography, obstruction of jus8 tice, or perjury, 

9 that an agent or employee of the relevant law en10 forcement agency has reasonable grounds to believe 

11 that an informant has committed. 

Æ 


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