I 

112TH CONGRESS 

1ST SESSION H. R. 3228 

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. 

IN THE HOUSE OF REPRESENTATIVES 

OCTOBER 14, 2011 

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, 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. 

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 2011’’. 


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1 SEC. 2. REPORT. 

2 (a) IN GENERAL.—Not later than March 1 and Sep3 tember 1 of each year, the head of each department that 

4 contains a law enforcement agency shall, with respect to 

5 each law enforcement agency within that Department, 

6 fully report to the House Committee on Oversight and 

7 Government Reform, the House Committee on the Judici8 ary, the Senate Committee on Homeland Security and 

9 Governmental Affairs, and the Senate Committee on the 

10 Judiciary all serious crimes, authorized and unauthorized, 

11 committed by informants maintained by the law enforce12 ment agency. 

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

14 1 of a year shall cover serious crimes that took place dur15 ing the 6 month period beginning July 1 and ending De16 cember 31 of the preceding year. Each report due on Sep17 tember 1 of a year shall cover serious crimes that took 

18 place beginning January 1 and ending June 30 of that 

19 year. 

20 (c) CONTENTS.— 

21 (1) REQUIRED.—Each report under subsection 

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

23 each type and category of crime; the amount of 

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

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

26 bribery crime; whether the crime was authorized or 


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1 unauthorized; and the state in which each crime 

2 took place. 

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

4 individual informant names, informant control num5 bers, or other personal identification information 

6 that could reveal the identity of an individual in7 formant. 

8 (d) ARREST OR CHARGE OF INFORMANT NOT TO AF9 FECT DUTY TO REPORT.—The duty to report crimes 

10 under this section exists regardless of whether the inform11 ant has or has not been arrested or charged with the re12 portable crime in any jurisdiction. 

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

14 authority and responsibility of the appropriate committees 

15 of each House of Congress to obtain such information as 

16 they may need to carry out their respective functions and 

17 duties. 

18 (f) DEFINITIONS.—In this section— 

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

20 enforcement agency’’ means the Department of Jus21 tice, the Department of Homeland Security, and the 

22 Department of the Treasury; 

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

24 Federal Bureau of Investigation, the Drug Enforce25 ment Administration, the United States Secret ServVerDate Mar 15 2010 03:47 Oct 15, 2011 Jkt 019200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\H3228.IH H3228

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1 ice, United States Immigration and Customs En2 forcement, and the Bureau of Alcohol, Tobacco, 

3 Firearms and Explosives; 

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

5 who is believed to be providing useful and credible 

6 information to the law enforcement agency for any 

7 authorized information collection activity, and from 

8 whom the law enforcement agency expects or intends 

9 to obtain additional useful and credible information 

10 in the future, and whose identity, information, or re11 lationship with the law enforcement agency warrants 

12 confidential handling; and 

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

14 (A) any serious violent felony as that term 

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

16 United States Code; 

17 (B) any serious drug offense as that term 

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

19 United States Code; or 

20 (C) an offense consisting of racketeering, 

21 bribery, child pornography, obstruction of jus22 tice, or perjury; 

23 that an agent or employee of the relevant law en24 forcement agency has reasonable grounds to believe 

25 that an informant has committed. 


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1 SEC. 3. TORT CLAIMS ARISING OUT OF THE CRIMINAL MIS2 CONDUCT OF A CONFIDENTIAL INFORMANT. 

3 (a) IN GENERAL.—Section 2401(b) of title 28, 

4 United States Code, is amended— 

5 (1) by striking ‘‘A tort claim’’ and inserting 

6 ‘‘(1) Except as provided in paragraph (2)’’; and 

7 (2) by adding at the end the following: 

8 ‘‘(2) In the case of a claim arising out of the 

9 conduct of an employee of the Government with re10 spect to the criminal misconduct of a Government 

11 informant, paragraph (1) shall be applied by sub12 stituting ‘three’ for ‘two.’ ’’. 

13 (b) RETROACTIVE EFFECT.—The amendments made 

14 by this section shall apply with respect to any claim that— 

15 (1) accrued on or after May 1, 1982; and 

16 (2) is presented not later than one year after 

17 the date of enactment of this Act. 

Æ 


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