[Congressional Bills 107th Congress]
[From the U.S. Government Publishing Office]
[S. 1974 Reported in Senate (RS)]
Calendar No. 351
107th CONGRESS
2d Session
S. 1974
To make needed reforms in the Federal Bureau of Investigation, and for
other purposes.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
February 28, 2002
Mr. Leahy (for himself and Mr. Grassley) introduced the following bill;
which was read twice and referred to the Committee on the Judiciary
April 25, 2002
Reported by Mr. Leahy, with an amendment
[Strike out all after the enacting clause and insert the part printed
in italic]
_______________________________________________________________________
A BILL
To make needed reforms in the Federal Bureau of Investigation, and for
other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
<DELETED>SECTION 1. SHORT TITLE.</DELETED>
<DELETED> This Act may be cited as the ``Federal Bureau of
Investigation Reform Act of 2002''.</DELETED>
<DELETED>TITLE I--IMPROVING FBI OVERSIGHT</DELETED>
<DELETED>SEC. 101. AUTHORITY OF THE DEPARTMENT OF JUSTICE INSPECTOR
GENERAL.</DELETED>
<DELETED> Section 8E of the Inspector General Act of 1978 (5 U.S.C.
App.) is amended--</DELETED>
<DELETED> (1) in subsection (b), by striking paragraphs (2)
and (3) and inserting the following:</DELETED>
<DELETED> ``(2) except as specified in subsection (a) and
paragraph (3), may investigate allegations of criminal
wrongdoing or administrative misconduct by an employee of the
Department of Justice, or may, in the discretion of the
Inspector General, refer such allegations to the Office of
Professional Responsibility or the internal affairs office of
the appropriate component of the Department of Justice;
and</DELETED>
<DELETED> ``(3) shall refer to the Counsel, Office of
Professional Responsibility of the Department of Justice,
allegations of misconduct involving Department attorneys,
investigators, or law enforcement personnel, where the
allegations relate to the exercise of the authority of an
attorney to investigate, litigate, or provide legal advice,
except that no such referral shall be made if the attorney is
employed in the Office of Professional Responsibility.'';
and</DELETED>
<DELETED> (2) by adding at the end the following:</DELETED>
<DELETED> ``(d) The Attorney General shall ensure by regulation that
any component of the Department of Justice receiving a nonfrivolous
allegation of criminal wrongdoing or administrative misconduct by an
employee of the Department of Justice shall report that information to
the Inspector General.''.</DELETED>
<DELETED>SEC. 102. REVIEW OF THE DEPARTMENT OF JUSTICE.</DELETED>
<DELETED> (a) Appointment of Oversight Official Within the Office of
Inspector General.--</DELETED>
<DELETED> (1) In general.--The Inspector General of the
Department of Justice shall direct that 1 official from the
office of the Inspector General be responsible for supervising
and coordinating independent oversight of programs and
operations of the Federal Bureau of Investigation until
September 30, 2003.</DELETED>
<DELETED> (2) Continuation of oversight.--The Inspector
General may continue individual oversight in accordance with
paragraph (1) after September 30, 2003, at the discretion of
the Inspector General.</DELETED>
<DELETED> (b) Inspector General Oversight Plan for the Federal
Bureau of Investigation.--Not later than 30 days after the date of the
enactment of this Act, the Inspector General of the Department of
Justice shall submit to the Chairman and ranking member of the
Committees on the Judiciary of the Senate and the House of
Representatives, a plan for oversight of the Federal Bureau of
Investigation, which plan may include--</DELETED>
<DELETED> (1) an audit of the financial systems, information
technology systems, and computer security systems of the
Federal Bureau of Investigation;</DELETED>
<DELETED> (2) an audit and evaluation of programs and
processes of the Federal Bureau of Investigation to identify
systemic weaknesses or implementation failures and to recommend
corrective action;</DELETED>
<DELETED> (3) a review of the activities of internal affairs
offices of the Federal Bureau of Investigation, including the
Inspections Division and the Office of Professional
Responsibility;</DELETED>
<DELETED> (4) an investigation of allegations of serious
misconduct by personnel of the Federal Bureau of
Investigation;</DELETED>
<DELETED> (5) a review of matters relating to any other
program or operation of the Federal Bureau of Investigation
that the Inspector General determines requires review;
and</DELETED>
<DELETED> (6) an identification of resources needed by the
Inspector General to implement a plan for oversight of the
Federal Bureau of Investigation.</DELETED>
<DELETED> (c) Report on Inspector General for Federal Bureau of
Investigation.--Not later than 90 days after the date of enactment of
this Act, the Attorney General shall submit a report and recommendation
to the Chairman and ranking member of the Committees on the Judiciary
of the Senate and the House of Representatives concerning whether there
should be established, within the Department of Justice, a separate
office of the Inspector General for the Federal Bureau of Investigation
that shall be responsible for supervising independent oversight of
programs and operations of the Federal Bureau of
Investigation.</DELETED>
<DELETED>TITLE II--WHISTLEBLOWER PROTECTION</DELETED>
<DELETED>SEC. 201. INCREASING PROTECTIONS FOR FBI
WHISTLEBLOWERS.</DELETED>
<DELETED> Section 2303 of title 5, United States Code, is amended to
read as follows:</DELETED>
<DELETED>``Sec. 2303. Prohibited personnel practices in the Federal
Bureau of Investigation</DELETED>
<DELETED> ``(a) Definition.--In this section, the term `personnel
action' means any action described in clauses (i) through (x) of
section 2302(a)(2)(A).</DELETED>
<DELETED> ``(b) Prohibited Practices.--Any employee of the Federal
Bureau of Investigation who has the authority to take, direct others to
take, recommend, or approve any personnel action, shall not, with
respect to such authority, take or fail to take a personnel action with
respect to any employee of the Bureau or because of--</DELETED>
<DELETED> ``(1) any disclosure of information by the
employee to the Attorney General (or an employee designated by
the Attorney General for such purpose), a supervisor of the
employee, the Inspector General for the Department of Justice,
or a Member of Congress that the employee reasonably believes
evidences--</DELETED>
<DELETED> ``(A) a violation of any law, rule, or
regulation; or</DELETED>
<DELETED> ``(B) mismanagement, a gross waste of
funds, an abuse of authority, or a substantial and
specific danger to public health or safety;
or</DELETED>
<DELETED> ``(2) any disclosure of information by the
employee to the Special Counsel of information that the
employee reasonably believes evidences--</DELETED>
<DELETED> ``(A) a violation of any law, rule, or
regulation; or</DELETED>
<DELETED> ``(B) mismanagement, a gross waste of
funds, an abuse of authority, or a substantial and
specific danger to public health or safety,</DELETED>
<DELETED>if such disclosure is not specifically prohibited by
law and if such information is not specifically required by
Executive order to be kept secret in the interest of national
defense or the conduct of foreign affairs.</DELETED>
<DELETED> ``(c) Individual Right of Action.--Chapter 12 of this
title shall apply to an employee of the Federal Bureau of Investigation
who claims that a personnel action has been taken under this section
against the employee as a reprisal for any disclosure of information
described in subsection (b)(2).</DELETED>
<DELETED> ``(d) Regulations.--The Attorney General shall prescribe
regulations to ensure that a personnel action under this section shall
not be taken against an employee of the Federal Bureau of Investigation
as a reprisal for any disclosure of information described in subsection
(b)(1), and shall provide for the enforcement of such regulations in a
manner consistent with applicable provisions of sections 1214 and 1221,
and in accordance with the procedures set forth in sections 554 through
557 and 701 through 706.''.</DELETED>
<DELETED>TITLE III--FBI SECURITY CAREER PROGRAM</DELETED>
<DELETED>SEC. 301. SECURITY MANAGEMENT POLICIES.</DELETED>
<DELETED> The Attorney General shall establish policies and
procedures for the effective management (including accession,
education, training, and career development) of persons serving in
security positions in the Federal Bureau of Investigation.</DELETED>
<DELETED>SEC. 302. DIRECTOR OF THE FEDERAL BUREAU OF
INVESTIGATION.</DELETED>
<DELETED> (a) In General.--Subject to the authority, direction, and
control of the Attorney General, the Director of the Federal Bureau of
Investigation (referred to in this title as the ``Director'') shall
carry out all powers, functions, and duties of the Attorney General
with respect to the security workforce in the Federal Bureau of
Investigation.</DELETED>
<DELETED> (b) Policy Implementation.--The Director shall ensure that
the policies of the Attorney General established in accordance with
this Act are implemented throughout the Federal Bureau of
Investigation.</DELETED>
<DELETED>SEC. 303. DIRECTOR OF SECURITY.</DELETED>
<DELETED> The Director shall appoint a Director of Security, or such
other title as the Director may determine, to assist the Director in
the performance of the duties of the Director under this Act.</DELETED>
<DELETED>SEC. 304. SECURITY CAREER PROGRAM BOARDS.</DELETED>
<DELETED> (a) Establishment.--The Director acting through the
Director of Security shall establish a security career program board to
advise the Director in managing the hiring, training, education, and
career development of personnel in the security workforce of the
Federal Bureau of Investigation.</DELETED>
<DELETED> (b) Composition of Board.--The security career program
board shall include--</DELETED>
<DELETED> (1) the Director of Security (or a representative
of the Director of Security);</DELETED>
<DELETED> (2) the senior officials, as designated by the
Director, with responsibility for personnel
management;</DELETED>
<DELETED> (3) the senior officials, as designated by the
Director, with responsibility for information
management;</DELETED>
<DELETED> (4) the senior officials, as designated by the
Director, with responsibility for training and career
development in the various security disciplines; and</DELETED>
<DELETED> (5) such other senior officials for the
intelligence community as the Director may designate.</DELETED>
<DELETED> (c) Chairperson.--The Director of Security (or a
representative of the Director of Security) shall be the chairperson of
the board.</DELETED>
<DELETED> (d) Subordinate Boards.--The Director of Security may
establish a subordinate board structure to which functions of the
security career program board may be delegated.</DELETED>
<DELETED>SEC. 305. DESIGNATION OF SECURITY POSITIONS.</DELETED>
<DELETED> (a) Designation.--The Director shall designate, by
regulation, those positions in the Federal Bureau of Investigation that
are security positions for purposes of this Act.</DELETED>
<DELETED> (b) Required Positions.--In designating security positions
under subsection (a), the Director shall include, at a minimum, all
security-related positions in the areas of--</DELETED>
<DELETED> (1) personnel security and access
control;</DELETED>
<DELETED> (2) information systems security and information
assurance;</DELETED>
<DELETED> (3) physical security and technical surveillance
countermeasures;</DELETED>
<DELETED> (4) operational, program, and industrial security;
and</DELETED>
<DELETED> (5) information security and classification
management.</DELETED>
<DELETED>SEC. 306. CAREER DEVELOPMENT.</DELETED>
<DELETED> (a) Career Paths.--The Director shall ensure that
appropriate career paths for personnel who wish to pursue careers in
security are identified in terms of the education, training,
experience, and assignments necessary for career progression to the
most senior security positions and shall make available published
information on those career paths.</DELETED>
<DELETED> (b) Limitation on Preference for Special Agents.--
</DELETED>
<DELETED> (1) In general.--Except as provided in the policy
established under paragraph (2), the Attorney General shall
ensure that no requirement or preference for a Special Agent of
the Federal Bureau of Investigation (referred to in this title
as a ``Special Agent'') is used in the consideration of persons
for security positions.</DELETED>
<DELETED> (2) Policy.--The Attorney General shall establish
a policy that permits a particular security position to be
specified as available only to Special Agents, if a
determination is made, under criteria specified in the policy,
that a Special Agent--</DELETED>
<DELETED> (A) is required for that position by
law;</DELETED>
<DELETED> (B) is essential for performance of the
duties of the position; or</DELETED>
<DELETED> (C) is necessary for another compelling
reason.</DELETED>
<DELETED> (3) Report.--Not later than December 15 of each
year, the Director shall submit to the Attorney General a
report that lists--</DELETED>
<DELETED> (A) each security position that is
restricted to Special Agents under the policy
established under paragraph (2); and</DELETED>
<DELETED> (B) the recommendation of the Director as
to whether each restricted security position should
remain restricted.</DELETED>
<DELETED> (c) Opportunities To Qualify.--The Attorney General shall
ensure that all personnel, including Special Agents, are provided the
opportunity to acquire the education, training, and experience
necessary to qualify for senior security positions.</DELETED>
<DELETED> (d) Best Qualified.--The Attorney General shall ensure
that the policies established under this Act are designed to provide
for the selection of the best qualified individual for a position,
consistent with other applicable law.</DELETED>
<DELETED> (e) Assignments Policy.--The Attorney General shall
establish a policy for assigning Special Agents to security positions
that provides for a balance between--</DELETED>
<DELETED> (1) the need for personnel to serve in career
enhancing positions; and</DELETED>
<DELETED> (2) the need for requiring service in each such
position for sufficient time to provide the stability necessary
to carry out effectively the duties of the position and to
allow for the establishment of responsibility and
accountability for actions taken in the position.</DELETED>
<DELETED> (f) Length of Assignment.--In implementing the policy
established under subsection (b)(2), the Director shall provide, as
appropriate, for longer lengths of assignments to security positions
than assignments to other positions.</DELETED>
<DELETED> (g) Performance Appraisals.--The Director shall provide an
opportunity for review and inclusion of any comments on any appraisal
of the performance of a person serving in a security position by a
person serving in a security position in the same security career
field.</DELETED>
<DELETED> (h) Balanced Workforce Policy.--In the development of
security workforce policies under this Act with respect to any
employees or applicants for employment, the Attorney General shall,
consistent with the merit system principles set out in paragraphs (1)
and (2) of section 2301(b) of title 5, take into consideration the need
to maintain a balanced workforce in which women and members of racial
and ethnic minority groups are appropriately represented in Government
service.</DELETED>
<DELETED>SEC. 307. GENERAL EDUCATION, TRAINING, AND EXPERIENCE
REQUIREMENTS.</DELETED>
<DELETED> (a) In General.--The Director shall establish education,
training, and experience requirements for each security position, based
on the level of complexity of duties carried out in the
position.</DELETED>
<DELETED> (b) Qualification Requirements.--Before being assigned to
a position as a program manager or deputy program manager of a
significant security program, a person--</DELETED>
<DELETED> (1) must have completed a security program
management course that is accredited by the Intelligence
Community-Department of Defense Joint Security Training
Consortium or is determined to be comparable by the Director;
and</DELETED>
<DELETED> (2) must have not less than 6 years experience in
security, of which not less than 2 years were performed in a
similar program office or organization.</DELETED>
<DELETED>SEC. 308. EDUCATION AND TRAINING PROGRAMS.</DELETED>
<DELETED> (a) In General.--The Director, in consultation with the
Director of Central Intelligence and the Secretary of Defense, shall
establish and implement education and training programs for persons
serving in security positions in the Federal Bureau of
Investigation.</DELETED>
<DELETED> (b) Other Programs.--The Director shall ensure that
programs established under subsection (a) are established and
implemented, to the maximum extent practicable, uniformly with the
programs of the Intelligence Community and the Department of
Defense.</DELETED>
<DELETED>SEC. 309. OFFICE OF PERSONNEL MANAGEMENT APPROVAL.</DELETED>
<DELETED> (a) In General.--The Attorney General shall submit any
requirement that is established under section 307 to the Director of
the Office of Personnel Management for approval.</DELETED>
<DELETED> (b) Final Approval.--If the Director does not disapprove
the requirements established under section 307 within 30 days after the
date on which the Director receives the requirement, the requirement is
deemed to be approved by the Director of the Office of Personnel
Management.</DELETED>
<DELETED>TITLE IV--FBI COUNTERINTELLIGENCE POLYGRAPH PROGRAM</DELETED>
<DELETED>SEC. 401. DEFINITIONS.</DELETED>
<DELETED> In this title:</DELETED>
<DELETED> (1) Polygraph program.--The term ``polygraph
program'' means the counterintelligence screening polygraph
program established under section 402.</DELETED>
<DELETED> (2) Polygraph review.--The term ``Polygraph
Review'' means the review of the scientific validity of the
polygraph for counterintelligence screening purposes conducted
by the Committee to Review the Scientific Evidence on the
Polygraph of the National Academy of Sciences.</DELETED>
<DELETED>SEC. 402. ESTABLISHMENT OF PROGRAM.</DELETED>
<DELETED> Not later than 6 months after publication of the results
of the Polygraph Review, the Attorney General, in consultation with the
Director of the Federal Bureau of Investigation and the Director of
Security of the Federal Bureau of Investigation, shall establish a
counterintelligence screening polygraph program for the Federal Bureau
of Investigation that consists of periodic polygraph examinations of
employees, or contractor employees of the Federal Bureau of
Investigation who are in positions specified by the Director of the
Federal Bureau of Investigation as exceptionally sensitive in order to
minimize the potential for unauthorized release or disclosure of
exceptionally sensitive information.<plus-minus></DELETED>
<DELETED>SEC. 403. REGULATIONS.</DELETED>
<DELETED> (a) In General.--The Attorney General shall prescribe
regulations for the polygraph program in accordance with subchapter II
of chapter 5 of title 5, United States Code (commonly referred to as
the Administrative Procedures Act).</DELETED>
<DELETED> (b) Considerations.--In prescribing regulations under
subsection (a), the Attorney General shall--</DELETED>
<DELETED> (1) take into account the results of the Polygraph
Review; and</DELETED>
<DELETED> (2) include procedures for--</DELETED>
<DELETED> (A) identifying and addressing false
positive results of polygraph examinations;</DELETED>
<DELETED> (B) ensuring that adverse personnel
actions are not taken against an individual solely by
reason of the physiological reaction of the individual
to a question in a polygraph examination, unless--
</DELETED>
<DELETED> (i) reasonable efforts are first
made independently to determine through
alternative means, the veracity of the response
of the individual to the question;
and</DELETED>
<DELETED> (ii) the Director of the Federal
Bureau of Investigation determines personally
that the personnel action is
justified;</DELETED>
<DELETED> (C) ensuring quality assurance and quality
control in accordance with any guidance provided by the
Department of Defense Polygraph Institute and the
Director of Central Intelligence; and</DELETED>
<DELETED> (D) allowing any employee or contractor
who is the subject of a counterintelligence screening
polygraph examination under the polygraph program, upon
written request, to have prompt access to any
unclassified reports regarding an examination that
relates to any adverse personnel action taken with
respect to the individual.</DELETED>
<DELETED>SEC. 404. REPORT ON FURTHER ENHANCEMENT OF FBI PERSONNEL
SECURITY PROGRAM.</DELETED>
<DELETED> (a) In General.--Not later than 9 months after the date of
enactment of this Act, the Director of the Federal Bureau of
Investigation shall submit to Congress a report setting forth
recommendations for any legislative action that the Director considers
appropriate in order to enhance the personnel security program of the
Federal Bureau of Investigation.</DELETED>
<DELETED> (b) Polygraph Review Results.--Any recommendation under
subsection (a) regarding the use of polygraphs shall take into account
the results of the Polygraph Review.</DELETED>
<DELETED>TITLE V--FBI POLICE</DELETED>
<DELETED>SEC. 501. DEFINITIONS.</DELETED>
<DELETED> In this title:</DELETED>
<DELETED> (1) Director.--The term ``Director'' means the
Director of the Federal Bureau of Investigation.</DELETED>
<DELETED> (2) FBI buildings and grounds.--</DELETED>
<DELETED> (A) In general.--The term ``FBI buildings
and grounds'' means--</DELETED>
<DELETED> (i) the whole or any part of any
building or structure which is occupied under a
lease or otherwise by the Federal Bureau of
Investigation and is subject to supervision and
control by the Federal Bureau of
Investigation;</DELETED>
<DELETED> (ii) the land upon which there is
situated any building or structure which is
occupied wholly by the Federal Bureau of
Investigation; and</DELETED>
<DELETED> (iii) any enclosed passageway
connecting 2 or more buildings or structures
occupied in whole or in part by the Federal
Bureau of Investigation.</DELETED>
<DELETED> (B) Inclusion.--The term ``FBI buildings
and grounds'' includes adjacent streets and sidewalks
not to exceed 500 feet from such property.</DELETED>
<DELETED> (3) FBI police.--The term ``FBI police'' means the
permanent police force established under section 502.</DELETED>
<DELETED>SEC. 502. ESTABLISHMENT OF FBI POLICE; DUTIES.</DELETED>
<DELETED> (a) In General.--Subject to the supervision of the
Attorney General, the Director may establish a permanent police force,
to be known as the FBI police.</DELETED>
<DELETED> (b) Duties.--The FBI police shall perform such duties as
the Director may prescribe in connection with the protection of persons
and property within FBI buildings and grounds.</DELETED>
<DELETED> (c) Uniformed Representative.--The Director, or designated
representative duly authorized by the Attorney General, may appoint
uniformed representatives of the Federal Bureau of Investigation as FBI
police for duty in connection with the policing of all FBI buildings
and grounds.</DELETED>
<DELETED> (d) Authority.--</DELETED>
<DELETED> (1) In general.--In accordance with regulations
prescribed by the Director and approved by the Attorney
General, the FBI police may--</DELETED>
<DELETED> (A) police the FBI buildings and grounds
for the purpose of protecting persons and
property;</DELETED>
<DELETED> (B) in the performance of duties necessary
for carrying out subparagraph (A), make arrests and
otherwise enforce the laws of the United States,
including the laws of the District of
Columbia;</DELETED>
<DELETED> (C) carry firearms as may be required for
the performance of duties;</DELETED>
<DELETED> (D) prevent breaches of the peace and
suppress affrays and unlawful assemblies; and</DELETED>
<DELETED> (E) hold the same powers as sheriffs and
constables when policing FBI buildings and
grounds.</DELETED>
<DELETED> (2) Exception.--The authority and policing powers
of FBI police under this subsection shall not include the
service of civil process.</DELETED>
<DELETED> (e) Pay and Benefits.--</DELETED>
<DELETED> (1) In general.--The rates of basic pay, salary
schedule, pay provisions, and benefits for members of the FBI
police shall be equivalent to the rates of basic pay, salary
schedule, pay provisions, and benefits applicable to members of
the United States Secret Service Uniformed Division.</DELETED>
<DELETED> (2) Application.--Pay and benefits for the FBI
police under paragraph (1)--</DELETED>
<DELETED> (A) shall be established by
regulation;</DELETED>
<DELETED> (B) shall apply with respect to pay
periods beginning after January 1, 2003; and</DELETED>
<DELETED> (C) shall not result in any decrease in
the rates of pay or benefits of any
individual.</DELETED>
<DELETED>SEC. 503. AUTHORITY OF METROPOLITAN POLICE FORCE.</DELETED>
<DELETED> This title does not affect the authority of the
Metropolitan Police Force of the District of Columbia with respect to
FBI buildings and grounds.</DELETED>
<DELETED>TITLE VI--REPORTS</DELETED>
<DELETED>SEC. 601. REPORT ON LEGAL AUTHORITY FOR FBI PROGRAMS AND
ACTIVITIES.</DELETED>
<DELETED> (a) In General.--Not later than December 31, 2002, the
Attorney General shall submit to Congress a report describing the
statutory and other legal authority for all programs and activities of
the Federal Bureau of Investigation.</DELETED>
<DELETED> (b) Contents.--The report submitted under subsection (a)
shall describe--</DELETED>
<DELETED> (1) the titles within the United States Code and
the statutes for which the Federal Bureau of Investigation
exercises investigative responsibility;</DELETED>
<DELETED> (2) each program or activity of the Federal Bureau
of Investigation that has express statutory authority and the
statute which provides that authority; and</DELETED>
<DELETED> (3) each program or activity of the Federal Bureau
of Investigation that does not have express statutory
authority, and the source of the legal authority for that
program or activity.</DELETED>
<DELETED> (c) Recommendations.--The report submitted under
subsection (a) shall recommend whether--</DELETED>
<DELETED> (1) the Federal Bureau of Investigation should
continue to have investigative responsibility for each statute
for which the Federal Bureau of Investigation currently has
investigative responsibility;</DELETED>
<DELETED> (2) the legal authority for any program or
activity of the Federal Bureau of Investigation should be
modified or repealed;</DELETED>
<DELETED> (3) the Federal Bureau of Investigation should
have express statutory authority for any program or activity of
the Federal Bureau of Investigation for which the Federal
Bureau of Investigation does not currently have express
statutory authority; and</DELETED>
<DELETED> (4) the Federal Bureau of Investigation should--
</DELETED>
<DELETED> (A) have authority for any new program or
activity; and</DELETED>
<DELETED> (B) express statutory authority with
respect to any new programs or activities.</DELETED>
<DELETED>SEC. 602. REPORT ON FBI INFORMATION MANAGEMENT AND
TECHNOLOGY.</DELETED>
<DELETED> (a) In General.--Not later than December 31, 2002, the
Attorney General shall submit to Congress a report on the information
management and technology programs of the Federal Bureau of
Investigation including recommendations for any legislation that may be
necessary to enhance the effectiveness of those programs.</DELETED>
<DELETED> (b) Contents of Report.--The report submitted under
subsection (a) shall provide--</DELETED>
<DELETED> (1) an analysis and evaluation of whether
authority for waiver of any provision of procurement law
(including any regulation implementing such a law) is necessary
to expeditiously and cost-effectively acquire information
technology to meet the unique need of the Federal Bureau of
Investigation to improve its investigative operations in order
to respond better to national law enforcement, intelligence,
and counterintelligence requirements;</DELETED>
<DELETED> (2) the results of the studies and audits
conducted by the Strategic Management Council and the Inspector
General of the Department of Justice to evaluate the
information management and technology programs of the Federal
Bureau of Investigation, including systems, policies,
procedures, practices, and operations; and</DELETED>
<DELETED> (3) a plan for improving the information
management and technology programs of the Federal Bureau of
Investigation.</DELETED>
<DELETED> (c) Results.--The results provided under subsection (b)(2)
shall include an evaluation of--</DELETED>
<DELETED> (1) information technology procedures and
practices regarding procurement, training, and systems
maintenance;</DELETED>
<DELETED> (2) record keeping policies, procedures, and
practices of the Federal Bureau of Investigation, focusing
particularly on how information is inputted, stored, managed,
utilized, and shared within the Federal Bureau of
Investigation;</DELETED>
<DELETED> (3) how information in a given database is related
or compared to, or integrated with, information in other
technology databases within the Federal Bureau of
Investigation;</DELETED>
<DELETED> (4) the effectiveness of the existing information
technology infrastructure of the Federal Bureau of
Investigation in supporting and accomplishing the overall
mission of the Federal Bureau of Investigation;</DELETED>
<DELETED> (5) the management of information technology
projects of the Federal Bureau of Investigation, focusing on
how the Federal Bureau of Investigation--</DELETED>
<DELETED> (A) selects its information technology
projects;</DELETED>
<DELETED> (B) ensures that projects under
development deliver benefits; and</DELETED>
<DELETED> (C) ensures that completed projects
deliver the expected results; and</DELETED>
<DELETED> (6) the security and access control techniques for
classified and sensitive but unclassified information systems
in the Federal Bureau of Investigation.</DELETED>
<DELETED> (d) Contents of Plan.--The plan provided under subsection
(b)(3) shall ensure that--</DELETED>
<DELETED> (1) appropriate key technology management
positions in the Federal Bureau of Investigation are filled by
personnel with experience in the commercial sector;</DELETED>
<DELETED> (2) access to the most sensitive information is
audited in such a manner that suspicious activity is subject to
near contemporaneous security review;</DELETED>
<DELETED> (3) critical information systems employ a public
key infrastructure to validate both users and recipients of
messages or records;</DELETED>
<DELETED> (4) security features are tested by the National
Security Agency to meet national information systems security
standards;</DELETED>
<DELETED> (5) all employees in the Federal Bureau of
Investigation receive annual instruction in records and
information management policies and procedures relevant to
their positions;</DELETED>
<DELETED> (6) a reserve is established for research and
development to guide strategic information management and
technology investment decisions;</DELETED>
<DELETED> (7) unnecessary administrative requirements for
software purchases under $2,000,000 are eliminated;</DELETED>
<DELETED> (8) full consideration is given to contacting with
an expert technology partner to provide technical support for
the information technology procurement for the Federal Bureau
of Investigation;</DELETED>
<DELETED> (9) procedures are instituted to procure products
and services through contracts of other agencies, as necessary;
and</DELETED>
<DELETED> (10) a systems integration and test center, with
the participation of field personnel, tests each series of
information systems upgrades or application changes before
their operational deployment to confirm that they meet proper
requirements.</DELETED>
<DELETED>SEC. 603. GAO REPORT ON CRIME STATISTICS REPORTING.</DELETED>
<DELETED> (a) In General.--Not later than 9 months after the date of
enactment of this Act, the Comptroller General of the United States
shall submit to the Committees on the Judiciary of the Senate and the
House of Representatives a report on the issue of how statistics are
reported and used by Federal law enforcement agencies.</DELETED>
<DELETED> (b) Contents.--The report submitted under subsection (a)
shall--</DELETED>
<DELETED> (1) identify the current regulations, procedures,
internal policies, or other conditions that allow the
investigation or arrest of an individual to be claimed or
reported by more than 1 Federal or State agency charged with
law enforcement responsibility;</DELETED>
<DELETED> (2) identify and examine the conditions that allow
the investigation or arrest of an individual to be claimed or
reported by the Offices of Inspectors General and any other
Federal agency charged with law enforcement
responsibility;</DELETED>
<DELETED> (3) examine the statistics reported by Federal law
enforcement agencies, and document those instances in which
more than 1 agency, bureau, or office claimed or reported the
same investigation or arrest during the years 1998 through
2001;</DELETED>
<DELETED> (4) examine the issue of Federal agencies
simultaneously claiming arrest credit for in-custody situations
that have already occurred pursuant to a State or local agency
arrest situation during the years 1998 through 2001;</DELETED>
<DELETED> (5) examine the issue of how such statistics are
used for administrative and management purposes;</DELETED>
<DELETED> (6) set forth a comprehensive definition of the
terms ``investigation'' and ``arrest'' as those terms apply to
Federal agencies charged with law enforcement responsibilities;
and</DELETED>
<DELETED> (7) include recommendations, that when
implemented, would eliminate unwarranted and duplicative
reporting of investigation and arrest statistics by all Federal
agencies charged with law enforcement
responsibilities.</DELETED>
<DELETED> (c) Federal Agency Compliance.--Federal law enforcement
agencies shall comply with requests made by the General Accounting
Office for information that is necessary to assist in preparing the
report required by this section.</DELETED>
<DELETED>TITLE VII--MISCELLANEOUS PROVISIONS</DELETED>
<DELETED>SEC. 701. ALLOWING DISCIPLINARY SUSPENSIONS OF MEMBERS OF THE
SENIOR EXECUTIVE SERVICE FOR 14 DAYS OR LESS.</DELETED>
<DELETED> Section 7542 of title 5, United States Code, is amended by
striking ``for more than 14 days''.</DELETED>
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Federal Bureau of Investigation
Reform Act of 2002''.
TITLE I--IMPROVING FBI OVERSIGHT
SEC. 101. AUTHORITY OF THE DEPARTMENT OF JUSTICE INSPECTOR GENERAL.
Section 8E of the Inspector General Act of 1978 (5 U.S.C. App.) is
amended--
(1) in subsection (b), by striking paragraphs (2) and (3)
and inserting the following:
``(2) except as specified in subsection (a) and paragraph
(3), may investigate allegations of criminal wrongdoing or
administrative misconduct by an employee of the Department of
Justice, or may, in the discretion of the Inspector General,
refer such allegations to the Office of Professional
Responsibility or the internal affairs office of the
appropriate component of the Department of Justice;
``(3) shall refer to the Counsel, Office of Professional
Responsibility of the Department of Justice, allegations of
misconduct involving Department attorneys, investigators, or
law enforcement personnel, where the allegations relate to the
exercise of the authority of an attorney to investigate,
litigate, or provide legal advice, except that no such referral
shall be made if the attorney is employed in the Office of
Professional Responsibility;
``(4) may investigate allegations of criminal wrongdoing or
administrative misconduct, including a failure to properly
discipline employees, by a person who is the head of any agency
or component of the Department of Justice; and
``(5) shall forward the results of any investigation
conducted under paragraph (4), along with any appropriate
recommendation for disciplinary action, to the Attorney
General, who is authorized to take appropriate disciplinary
action.''; and
(2) by adding at the end the following:
``(d) If the Attorney General does not follow any recommendation of
the Inspector General made under subsection (b)(5), the Attorney
General shall submit a report to the chairperson and ranking member of
the Committees on the Judiciary of the Senate and the House of
Representatives that sets forth the recommendation of the Inspector
General and the reasons of the Attorney General for not following that
recommendation.
``(e) The Attorney General shall ensure by regulation that any
component of the Department of Justice receiving a nonfrivolous
allegation of criminal wrongdoing or administrative misconduct by an
employee of the Department of Justice shall report that information to
the Inspector General.''.
SEC. 102. REVIEW OF THE DEPARTMENT OF JUSTICE.
(a) Appointment of Oversight Official Within the Office of
Inspector General.--
(1) In general.--The Inspector General of the Department of
Justice shall direct that 1 official from the office of the
Inspector General be responsible for supervising and
coordinating independent oversight of programs and operations
of the Federal Bureau of Investigation until September 30,
2003.
(2) Continuation of oversight.--The Inspector General may
continue individual oversight in accordance with paragraph (1)
after September 30, 2003, at the discretion of the Inspector
General.
(b) Inspector General Oversight Plan for the Federal Bureau of
Investigation.--Not later than 30 days after the date of the enactment
of this Act, the Inspector General of the Department of Justice shall
submit to the Chairperson and ranking member of the Committees on the
Judiciary of the Senate and the House of Representatives, a plan for
oversight of the Federal Bureau of Investigation, which plan may
include--
(1) an audit of the financial systems, information
technology systems, and computer security systems of the
Federal Bureau of Investigation;
(2) an audit and evaluation of programs and processes of
the Federal Bureau of Investigation to identify systemic
weaknesses or implementation failures and to recommend
corrective action;
(3) a review of the activities of internal affairs offices
of the Federal Bureau of Investigation, including the
Inspections Division and the Office of Professional
Responsibility;
(4) an investigation of allegations of serious misconduct
by personnel of the Federal Bureau of Investigation;
(5) a review of matters relating to any other program or
operation of the Federal Bureau of Investigation that the
Inspector General determines requires review; and
(6) an identification of resources needed by the Inspector
General to implement a plan for oversight of the Federal Bureau
of Investigation.
(c) Report on Inspector General for Federal Bureau of
Investigation.--Not later than 90 days after the date of enactment of
this Act, the Attorney General shall submit a report and recommendation
to the Chairperson and ranking member of the Committees on the
Judiciary of the Senate and the House of Representatives concerning--
(1) whether there should be established, within the
Department of Justice, a separate office of the Inspector
General for the Federal Bureau of Investigation that shall be
responsible for supervising independent oversight of programs and
operations of the Federal Bureau of Investigation;
(2) what changes have been or should be made to the rules,
regulations, policies, or practices governing the Federal
Bureau of Investigation in order to assist the Office of the
Inspector General in effectively exercising its authority to
investigate the conduct of employees of the Federal Bureau of
Investigation;
(3) what differences exist between the methods and
practices used by different Department of Justice components in
the investigation and adjudication of alleged misconduct by
Department of Justice personnel;
(4) what steps should be or are being taken to make the
methods and practices described in paragraph (3) uniform
throughout the Department of Justice; and
(5) whether a set of recommended guidelines relating to the
discipline of Department of Justice personnel for misconduct
should be developed, and what factors, such as the nature and
seriousness of the misconduct, the prior history of the
employee, and the rank and seniority of the employee at the
time of the misconduct, should be taken into account in
establishing such recommended disciplinary guidelines.
TITLE II--WHISTLEBLOWER PROTECTION
SEC. 201. INCREASING PROTECTIONS FOR FBI WHISTLEBLOWERS.
Section 2303 of title 5, United States Code, is amended to read as
follows:
``Sec. 2303. Prohibited personnel practices in the Federal Bureau of
Investigation
``(a) Definition.--In this section, the term `personnel action'
means any action described in clauses (i) through (x) of section
2302(a)(2)(A).
``(b) Prohibited Practices.--Any employee of the Federal Bureau of
Investigation who has the authority to take, direct others to take,
recommend, or approve any personnel action, shall not, with respect to
such authority, take or fail to take a personnel action with respect to
any employee of the Bureau or because of--
``(1) any disclosure of information by the employee to the
Attorney General (or an employee designated by the Attorney
General for such purpose), a supervisor of the employee, the
Inspector General for the Department of Justice, or a Member of
Congress that the employee reasonably believes evidences--
``(A) a violation of any law, rule, or regulation;
or
``(B) mismanagement, a gross waste of funds, an
abuse of authority, or a substantial and specific
danger to public health or safety; or
``(2) any disclosure of information by the employee to the
Special Counsel of information that the employee reasonably
believes evidences--
``(A) a violation of any law, rule, or regulation;
or
``(B) mismanagement, a gross waste of funds, an
abuse of authority, or a substantial and specific
danger to public health or safety,
if such disclosure is not specifically prohibited by law and if
such information is not specifically required by Executive
order to be kept secret in the interest of national defense or
the conduct of foreign affairs.
``(c) Individual Right of Action.--Chapter 12 of this title shall
apply to an employee of the Federal Bureau of Investigation who claims
that a personnel action has been taken under this section against the
employee as a reprisal for any disclosure of information described in
subsection (b)(2).
``(d) Regulations.--The Attorney General shall prescribe
regulations to ensure that a personnel action under this section shall
not be taken against an employee of the Federal Bureau of Investigation
as a reprisal for any disclosure of information described in subsection
(b)(1), and shall provide for the enforcement of such regulations in a
manner consistent with applicable provisions of sections 1214 and 1221,
and in accordance with the procedures set forth in sections 554 through
557 and 701 through 706.''.
TITLE III--FBI SECURITY CAREER PROGRAM
SEC. 301. SECURITY MANAGEMENT POLICIES.
The Attorney General shall establish policies and procedures for
the effective management (including accession, education, training, and
career development) of persons serving in security positions in the
Federal Bureau of Investigation.
SEC. 302. DIRECTOR OF THE FEDERAL BUREAU OF INVESTIGATION.
(a) In General.--Subject to the authority, direction, and control
of the Attorney General, the Director of the Federal Bureau of
Investigation (referred to in this title as the ``Director'') shall
carry out all powers, functions, and duties of the Attorney General
with respect to the security workforce in the Federal Bureau of
Investigation.
(b) Policy Implementation.--The Director shall ensure that the
policies of the Attorney General established in accordance with this
Act are implemented throughout the Federal Bureau of Investigation at
both the headquarters and field office levels.
SEC. 303. DIRECTOR OF SECURITY.
The Director shall appoint a Director of Security, or such other
title as the Director may determine, to assist the Director in the
performance of the duties of the Director under this Act.
SEC. 304. SECURITY CAREER PROGRAM BOARDS.
(a) Establishment.--The Director acting through the Director of
Security shall establish a security career program board to advise the
Director in managing the hiring, training, education, and career
development of personnel in the security workforce of the Federal
Bureau of Investigation.
(b) Composition of Board.--The security career program board shall
include--
(1) the Director of Security (or a representative of the
Director of Security);
(2) the senior officials, as designated by the Director,
with responsibility for personnel management;
(3) the senior officials, as designated by the Director,
with responsibility for information management;
(4) the senior officials, as designated by the Director,
with responsibility for training and career development in the
various security disciplines; and
(5) such other senior officials for the intelligence
community as the Director may designate.
(c) Chairperson.--The Director of Security (or a representative of
the Director of Security) shall be the chairperson of the board.
(d) Subordinate Boards.--The Director of Security may establish a
subordinate board structure to which functions of the security career
program board may be delegated.
SEC. 305. DESIGNATION OF SECURITY POSITIONS.
(a) Designation.--The Director shall designate, by regulation,
those positions in the Federal Bureau of Investigation that are
security positions for purposes of this Act.
(b) Required Positions.--In designating security positions under
subsection (a), the Director shall include, at a minimum, all security-
related positions in the areas of--
(1) personnel security and access control;
(2) information systems security and information assurance;
(3) physical security and technical surveillance
countermeasures;
(4) operational, program, and industrial security; and
(5) information security and classification management.
SEC. 306. CAREER DEVELOPMENT.
(a) Career Paths.--The Director shall ensure that appropriate
career paths for personnel who wish to pursue careers in security are
identified in terms of the education, training, experience, and
assignments necessary for career progression to the most senior
security positions and shall make available published information on
those career paths.
(b) Limitation on Preference for Special Agents.--
(1) In general.--Except as provided in the policy
established under paragraph (2), the Attorney General shall
ensure that no requirement or preference for a Special Agent of
the Federal Bureau of Investigation (referred to in this title
as a ``Special Agent'') is used in the consideration of persons
for security positions.
(2) Policy.--The Attorney General shall establish a policy
that permits a particular security position to be specified as
available only to Special Agents, if a determination is made,
under criteria specified in the policy, that a Special Agent--
(A) is required for that position by law;
(B) is essential for performance of the duties of
the position; or
(C) is necessary for another compelling reason.
(3) Report.--Not later than December 15 of each year, the
Director shall submit to the Attorney General a report that
lists--
(A) each security position that is restricted to
Special Agents under the policy established under
paragraph (2); and
(B) the recommendation of the Director as to
whether each restricted security position should remain
restricted.
(c) Opportunities To Qualify.--The Attorney General shall ensure
that all personnel, including Special Agents, are provided the
opportunity to acquire the education, training, and experience
necessary to qualify for senior security positions.
(d) Best Qualified.--The Attorney General shall ensure that the
policies established under this Act are designed to provide for the
selection of the best qualified individual for a position, consistent
with other applicable law.
(e) Assignments Policy.--The Attorney General shall establish a
policy for assigning Special Agents to security positions that provides
for a balance between--
(1) the need for personnel to serve in career enhancing
positions; and
(2) the need for requiring service in each such position
for sufficient time to provide the stability necessary to carry
out effectively the duties of the position and to allow for the
establishment of responsibility and accountability for actions
taken in the position.
(f) Length of Assignment.--In implementing the policy established
under subsection (b)(2), the Director shall provide, as appropriate,
for longer lengths of assignments to security positions than
assignments to other positions.
(g) Performance Appraisals.--The Director shall provide an
opportunity for review and inclusion of any comments on any appraisal
of the performance of a person serving in a security position by a
person serving in a security position in the same security career
field.
(h) Balanced Workforce Policy.--In the development of security
workforce policies under this Act with respect to any employees or
applicants for employment, the Attorney General shall, consistent with
the merit system principles set out in paragraphs (1) and (2) of
section 2301(b) of title 5, take into consideration the need to
maintain a balanced workforce in which women and members of racial and
ethnic minority groups are appropriately represented in Government
service.
SEC. 307. GENERAL EDUCATION, TRAINING, AND EXPERIENCE REQUIREMENTS.
(a) In General.--The Director shall establish education, training,
and experience requirements for each security position, based on the
level of complexity of duties carried out in the position.
(b) Qualification Requirements.--Before being assigned to a
position as a program manager or deputy program manager of a
significant security program, a person--
(1) must have completed a security program management
course that is accredited by the Intelligence Community-
Department of Defense Joint Security Training Consortium or is
determined to be comparable by the Director; and
(2) must have not less than 6 years experience in security,
of which not less than 2 years were performed in a similar
program office or organization.
SEC. 308. EDUCATION AND TRAINING PROGRAMS.
(a) In General.--The Director, in consultation with the Director of
Central Intelligence and the Secretary of Defense, shall establish and
implement education and training programs for persons serving in
security positions in the Federal Bureau of Investigation.
(b) Other Programs.--The Director shall ensure that programs
established under subsection (a) are established and implemented, to
the maximum extent practicable, uniformly with the programs of the
Intelligence Community and the Department of Defense.
SEC. 309. OFFICE OF PERSONNEL MANAGEMENT APPROVAL.
(a) In General.--The Attorney General shall submit any requirement
that is established under section 307 to the Director of the Office of
Personnel Management for approval.
(b) Final Approval.--If the Director does not disapprove the
requirements established under section 307 within 30 days after the
date on which the Director receives the requirement, the requirement is
deemed to be approved by the Director of the Office of Personnel
Management.
TITLE IV--FBI COUNTERINTELLIGENCE POLYGRAPH PROGRAM
SEC. 401. DEFINITIONS.
In this title:
(1) Polygraph program.--The term ``polygraph program''
means the counterintelligence screening polygraph program
established under section 402.
(2) Polygraph review.--The term ``Polygraph Review'' means
the review of the scientific validity of the polygraph for
counterintelligence screening purposes conducted by the
Committee to Review the Scientific Evidence on the Polygraph of
the National Academy of Sciences.
SEC. 402. ESTABLISHMENT OF PROGRAM.
Not later than 6 months after publication of the results of the
Polygraph Review, the Attorney General, in consultation with the
Director of the Federal Bureau of Investigation and the Director of
Security of the Federal Bureau of Investigation, shall establish a
counterintelligence screening polygraph program for the Federal Bureau
of Investigation that consists of periodic polygraph examinations of
employees, or contractor employees of the Federal Bureau of
Investigation who are in positions specified by the Director of the
Federal Bureau of Investigation as exceptionally sensitive in order to
minimize the potential for unauthorized release or disclosure of
exceptionally sensitive information.
SEC. 403. REGULATIONS.
(a) In General.--The Attorney General shall prescribe regulations
for the polygraph program in accordance with subchapter II of chapter 5
of title 5, United States Code (commonly referred to as the
Administrative Procedures Act).
(b) Considerations.--In prescribing regulations under subsection
(a), the Attorney General shall--
(1) take into account the results of the Polygraph Review;
and
(2) include procedures for--
(A) identifying and addressing false positive
results of polygraph examinations;
(B) ensuring that adverse personnel actions are not
taken against an individual solely by reason of the
physiological reaction of the individual to a question
in a polygraph examination, unless--
(i) reasonable efforts are first made
independently to determine through alternative
means, the veracity of the response of the
individual to the question; and
(ii) the Director of the Federal Bureau of
Investigation determines personally that the
personnel action is justified;
(C) ensuring quality assurance and quality control
in accordance with any guidance provided by the
Department of Defense Polygraph Institute and the
Director of Central Intelligence; and
(D) allowing any employee or contractor who is the
subject of a counterintelligence screening polygraph
examination under the polygraph program, upon written
request, to have prompt access to any unclassified
reports regarding an examination that relates to any
adverse personnel action taken with respect to the
individual.
SEC. 404. REPORT ON FURTHER ENHANCEMENT OF FBI PERSONNEL SECURITY
PROGRAM.
(a) In General.--Not later than 9 months after the date of
enactment of this Act, the Director of the Federal Bureau of
Investigation shall submit to Congress a report setting forth
recommendations for any legislative action that the Director considers
appropriate in order to enhance the personnel security program of the
Federal Bureau of Investigation.
(b) Polygraph Review Results.--Any recommendation under subsection
(a) regarding the use of polygraphs shall take into account the results
of the Polygraph Review.
TITLE V--FBI POLICE
SEC. 501. DEFINITIONS.
In this title:
(1) Director.--The term ``Director'' means the Director of
the Federal Bureau of Investigation.
(2) FBI buildings and grounds.--
(A) In general.--The term ``FBI buildings and
grounds'' means--
(i) the whole or any part of any building
or structure which is occupied under a lease or
otherwise by the Federal Bureau of
Investigation and is subject to supervision and
control by the Federal Bureau of Investigation;
(ii) the land upon which there is situated
any building or structure which is occupied
wholly by the Federal Bureau of Investigation;
and
(iii) any enclosed passageway connecting 2
or more buildings or structures occupied in
whole or in part by the Federal Bureau of
Investigation.
(B) Inclusion.--The term ``FBI buildings and
grounds'' includes adjacent streets and sidewalks not
to exceed 500 feet from such property.
(3) FBI police.--The term ``FBI police'' means the
permanent police force established under section 502.
SEC. 502. ESTABLISHMENT OF FBI POLICE; DUTIES.
(a) In General.--Subject to the supervision of the Attorney
General, the Director may establish a permanent police force, to be
known as the FBI police.
(b) Duties.--The FBI police shall perform such duties as the
Director may prescribe in connection with the protection of persons and
property within FBI buildings and grounds.
(c) Uniformed Representative.--The Director, or designated
representative duly authorized by the Attorney General, may appoint
uniformed representatives of the Federal Bureau of Investigation as FBI
police for duty in connection with the policing of all FBI buildings
and grounds.
(d) Authority.--
(1) In general.--In accordance with regulations prescribed
by the Director and approved by the Attorney General, the FBI
police may--
(A) police the FBI buildings and grounds for the
purpose of protecting persons and property;
(B) in the performance of duties necessary for
carrying out subparagraph (A), make arrests and
otherwise enforce the laws of the United States,
including the laws of the District of Columbia;
(C) carry firearms as may be required for the
performance of duties;
(D) prevent breaches of the peace and suppress
affrays and unlawful assemblies; and
(E) hold the same powers as sheriffs and constables
when policing FBI buildings and grounds.
(2) Exception.--The authority and policing powers of FBI
police under this subsection shall not include the service of
civil process.
(e) Pay and Benefits.--
(1) In general.--The rates of basic pay, salary schedule,
pay provisions, and benefits for members of the FBI police
shall be equivalent to the rates of basic pay, salary schedule,
pay provisions, and benefits applicable to members of the
United States Secret Service Uniformed Division.
(2) Application.--Pay and benefits for the FBI police under
paragraph (1)--
(A) shall be established by regulation;
(B) shall apply with respect to pay periods
beginning after January 1, 2003; and
(C) shall not result in any decrease in the rates
of pay or benefits of any individual.
SEC. 503. AUTHORITY OF METROPOLITAN POLICE FORCE.
This title does not affect the authority of the Metropolitan Police
Force of the District of Columbia with respect to FBI buildings and
grounds.
TITLE VI--REPORTS
SEC. 601. REPORT ON LEGAL AUTHORITY FOR FBI PROGRAMS AND ACTIVITIES.
(a) In General.--Not later than December 31, 2002, the Attorney
General shall submit to Congress a report describing the statutory and
other legal authority for all programs and activities of the Federal
Bureau of Investigation.
(b) Contents.--The report submitted under subsection (a) shall
describe--
(1) the titles within the United States Code and the
statutes for which the Federal Bureau of Investigation
exercises investigative responsibility;
(2) each program or activity of the Federal Bureau of
Investigation that has express statutory authority and the
statute which provides that authority; and
(3) each program or activity of the Federal Bureau of
Investigation that does not have express statutory authority,
and the source of the legal authority for that program or
activity.
(c) Recommendations.--The report submitted under subsection (a)
shall recommend whether--
(1) the Federal Bureau of Investigation should continue to
have investigative responsibility for each statute for which
the Federal Bureau of Investigation currently has investigative
responsibility;
(2) the legal authority for any program or activity of the
Federal Bureau of Investigation should be modified or repealed;
(3) the Federal Bureau of Investigation should have express
statutory authority for any program or activity of the Federal
Bureau of Investigation for which the Federal Bureau of
Investigation does not currently have express statutory authority; and
(4) the Federal Bureau of Investigation should--
(A) have authority for any new program or activity;
and
(B) express statutory authority with respect to any
new programs or activities.
SEC. 602. REPORT ON FBI INFORMATION MANAGEMENT AND TECHNOLOGY.
(a) In General.--Not later than December 31, 2002, the Attorney
General shall submit to Congress a report on the information management
and technology programs of the Federal Bureau of Investigation
including recommendations for any legislation that may be necessary to
enhance the effectiveness of those programs.
(b) Contents of Report.--The report submitted under subsection (a)
shall provide--
(1) an analysis and evaluation of whether authority for
waiver of any provision of procurement law (including any
regulation implementing such a law) is necessary to
expeditiously and cost-effectively acquire information
technology to meet the unique need of the Federal Bureau of
Investigation to improve its investigative operations in order
to respond better to national law enforcement, intelligence,
and counterintelligence requirements;
(2) the results of the studies and audits conducted by the
Strategic Management Council and the Inspector General of the
Department of Justice to evaluate the information management
and technology programs of the Federal Bureau of Investigation,
including systems, policies, procedures, practices, and
operations; and
(3) a plan for improving the information management and
technology programs of the Federal Bureau of Investigation.
(c) Results.--The results provided under subsection (b)(2) shall
include an evaluation of--
(1) information technology procedures and practices
regarding procurement, training, and systems maintenance;
(2) record keeping policies, procedures, and practices of
the Federal Bureau of Investigation, focusing particularly on
how information is inputted, stored, managed, utilized, and
shared within the Federal Bureau of Investigation;
(3) how information in a given database is related or
compared to, or integrated with, information in other
technology databases within the Federal Bureau of
Investigation;
(4) the effectiveness of the existing information
technology infrastructure of the Federal Bureau of
Investigation in supporting and accomplishing the overall
mission of the Federal Bureau of Investigation;
(5) the management of information technology projects of
the Federal Bureau of Investigation, focusing on how the
Federal Bureau of Investigation--
(A) selects its information technology projects;
(B) ensures that projects under development deliver
benefits; and
(C) ensures that completed projects deliver the
expected results; and
(6) the security and access control techniques for
classified and sensitive but unclassified information systems
in the Federal Bureau of Investigation.
(d) Contents of Plan.--The plan provided under subsection (b)(3)
shall ensure that--
(1) appropriate key technology management positions in the
Federal Bureau of Investigation are filled by personnel with
experience in the commercial sector;
(2) access to the most sensitive information is audited in
such a manner that suspicious activity is subject to near
contemporaneous security review;
(3) critical information systems employ a public key
infrastructure to validate both users and recipients of
messages or records;
(4) security features are tested by the National Security
Agency to meet national information systems security standards;
(5) all employees in the Federal Bureau of Investigation
receive annual instruction in records and information
management policies and procedures relevant to their positions;
(6) a reserve is established for research and development
to guide strategic information management and technology
investment decisions;
(7) unnecessary administrative requirements for software
purchases under $2,000,000 are eliminated;
(8) full consideration is given to contacting with an
expert technology partner to provide technical support for the
information technology procurement for the Federal Bureau of
Investigation;
(9) procedures are instituted to procure products and
services through contracts of other agencies, as necessary; and
(10) a systems integration and test center, with the
participation of field personnel, tests each series of
information systems upgrades or application changes before
their operational deployment to confirm that they meet proper
requirements.
SEC. 603. GAO REPORT ON CRIME STATISTICS REPORTING.
(a) In General.--Not later than 9 months after the date of
enactment of this Act, the Comptroller General of the United States
shall submit to the Committees on the Judiciary of the Senate and the
House of Representatives a report on the issue of how statistics are
reported and used by Federal law enforcement agencies.
(b) Contents.--The report submitted under subsection (a) shall--
(1) identify the current regulations, procedures, internal
policies, or other conditions that allow the investigation or
arrest of an individual to be claimed or reported by more than
1 Federal or State agency charged with law enforcement
responsibility;
(2) identify and examine the conditions that allow the
investigation or arrest of an individual to be claimed or
reported by the Offices of Inspectors General and any other
Federal agency charged with law enforcement responsibility;
(3) examine the statistics reported by Federal law
enforcement agencies, and document those instances in which
more than 1 agency, bureau, or office claimed or reported the
same investigation or arrest during the years 1998 through
2001;
(4) examine the issue of Federal agencies simultaneously
claiming arrest credit for in-custody situations that have
already occurred pursuant to a State or local agency arrest
situation during the years 1998 through 2001;
(5) examine the issue of how such statistics are used for
administrative and management purposes;
(6) set forth a comprehensive definition of the terms
``investigation'' and ``arrest'' as those terms apply to
Federal agencies charged with law enforcement responsibilities;
and
(7) include recommendations, that when implemented, would
eliminate unwarranted and duplicative reporting of
investigation and arrest statistics by all Federal agencies
charged with law enforcement responsibilities.
(c) Federal Agency Compliance.--Federal law enforcement agencies
shall comply with requests made by the General Accounting Office for
information that is necessary to assist in preparing the report
required by this section.
TITLE VII--ENDING THE DOUBLE STANDARD
SEC. 701. ALLOWING DISCIPLINARY SUSPENSIONS OF MEMBERS OF THE SENIOR
EXECUTIVE SERVICE FOR 14 DAYS OR LESS.
Section 7542 of title 5, United States Code, is amended by striking
``for more than 14 days''.
SEC. 702. SUBMITTING OFFICE OF PROFESSIONAL RESPONSIBILITY REPORTS TO
CONGRESSIONAL COMMITTEES.
(a) In General.--For each of the 5 years following the date of
enactment of this Act, the Office of the Inspector General shall submit
to the chairperson and ranking member of the Committees on the
Judiciary of the Senate and the House of Representatives an annual
report to be completed by the Federal Bureau of Investigation, Office
of Professional Responsibility and provided to the Inspector General,
which sets forth--
(1) basic information on each investigation completed by
that Office;
(2) the findings and recommendations of that Office for
disciplinary action; and
(3) what, if any, action was taken by the Director of the
Federal Bureau of Investigation or the designee of the Director
based on any such recommendation.
(b) Contents.--In addition to all matters already included in the
annual report described in subsection (a), the report shall also
include an analysis of--
(1) whether senior Federal Bureau of Investigation
employees and lower level Federal Bureau of Investigation
personnel are being disciplined and investigated similarly; and
(2) whether any double standard is being employed to more
senior employees with respect to allegations of misconduct.
TITLE VIII--ENHANCING SECURITY AT THE DEPARTMENT OF JUSTICE
SEC. 801. REPORT ON THE PROTECTION OF SECURITY AND INFORMATION AT THE
DEPARTMENT OF JUSTICE.
Not later than December 31, 2002, the Attorney General shall submit
to Congress a report on the manner in which the Security and Emergency
Planning Staff, the Office of Intelligence Policy and Review, and the
Chief Information Officer of the Department of Justice plan to improve
the protection of security and information at the Department of
Justice, including a plan to establish secure electronic communications
between the Federal Bureau of Investigation and the Office of
Intelligence Policy and Review for processing information related to
the Foreign Intelligence Surveillance Act of 1978 (50 U.S.C. 1801 et
seq.).
SEC. 802. AUTHORIZATION FOR INCREASED RESOURCES TO PROTECT SECURITY AND
INFORMATION.
There are authorized to be appropriated to the Department of
Justice for the activities of the Security and Emergency Planning Staff
to meet the increased demands to provide personnel, physical,
information, technical, and litigation security for the Department of
Justice, to prepare for terrorist threats and other emergencies, and to
review security compliance by components of the Department of Justice--
(1) $13,000,000 for fiscal year 2003;
(2) $17,000,000 for fiscal year 2004; and
(3) $22,000,000 for fiscal year 2005.
SEC. 803. AUTHORIZATION FOR INCREASED RESOURCES TO FULFILL NATIONAL
SECURITY MISSION OF THE DEPARTMENT OF JUSTICE.
There are authorized to be appropriated to the Department of
Justice for the activities of the Office of Intelligence Policy and
Review to help meet the increased personnel demands to combat
terrorism, process applications to the Foreign Intelligence
Surveillance Court, participate effectively in counterespionage
investigations, provide policy analysis and oversight on national
security matters, and enhance secure computer and telecommunications
facilities--
(1) $7,000,000 for fiscal year 2003;
(2) $7,500,000 for fiscal year 2004; and
(3) $8,000,000 for fiscal year 2005.
Calendar No. 351
107th CONGRESS
2d Session
S. 1974
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A BILL
To make needed reforms in the Federal Bureau of Investigation, and for
other purposes.
_______________________________________________________________________
April 25, 2002
Reported with an amendment