[Congressional Bills 107th Congress]
[From the U.S. Government Publishing Office]
[S. 1074 Introduced in Senate (IS)]







107th CONGRESS
  1st Session
                                S. 1074

       To establish a commission to review the Federal Bureau of 
                             Investigation.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                             June 20, 2001

Mr. Schumer (for himself and Mr. Hatch) introduced the following bill; 
  which was read twice and referred to the Committee on the Judiciary

_______________________________________________________________________

                                 A BILL


 
       To establish a commission to review the Federal Bureau of 
                             Investigation.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``FBI Reform Commission Act of 2001''.

SEC. 2. CREATION OF THE FBI REVIEW COMMISSION.

    (a) Establishment.--There is established the FBI Review Commission 
(in this Act referred to as the ``Commission'').
    (b) Mission Statement.--
            (1) In general.--The mission of the Commission shall be to 
        conduct a thorough, independent, and comprehensive examination 
        of the Federal Bureau of Investigation (in this Act referred to 
        as the ``FBI'').
            (2) Focus.--The Commission shall focus its examination on--
                    (A) systemic and structural aspects of the FBI;
                    (B) the FBI's relationship with other law 
                enforcement entities; and
                    (C) recommendations for improving the performance 
                of the FBI.
    (c) Membership and Administrative Provisions.--
            (1) Number and appointment.--The Commission shall be 
        composed of 12 members of whom--
                    (A) 2 members shall be appointed by the Majority 
                Leader of the Senate;
                    (B) 2 members shall be appointed by the Minority 
                Leader of the Senate;
                    (C) 2 members shall be appointed by the Speaker of 
                the House of Representatives;
                    (D) 2 members shall be appointed by the Minority 
                Leader of the House of Representatives; and
                    (E) 4 members shall be appointed by the President, 
                including 1 who shall serve as the Chair of the 
                Commission.
            (2) Qualifications.--Members of the Commission shall be--
                    (A) chosen on the basis of expertise in law 
                enforcement and management, integrity, impartiality, 
                and good judgment; and
                    (B) individuals who are not, at the time appointed 
                to the Commission, elected or appointed officers or 
                employees of the Federal Government.
            (3) Balance.--The Commission shall reflect, to the maximum 
        extent possible, fair and equitable representation of various 
        points of view with respect to the matters to be studied by the 
        Commission under subsection (d)(1).
            (4) Terms of appointment.--
                    (A) Date.--Members of the Commission shall be 
                appointed not later than 30 days after the date of 
                enactment of this Act.
                    (B) Terms.--Each member of the Commission shall be 
                appointed for the life of the Commission.
                    (C) Vacancies.--A vacancy in the Commission shall 
                not affect its powers, but shall be filled in the same 
                manner as the original member was appointed.
            (5) Meetings.--
                    (A) In general.--The Commission shall meet at the 
                call of the Chair.
                    (B) Initial meeting.--Not later than 30 days after 
                the date on which all of the members of the Commission 
                have been appointed, the Commission shall hold its 
                first meeting.
                    (C) Quorum.--A majority of the members of the 
                Commission shall constitute a quorum, but a lesser 
                number of members may hold meetings.
    (d) Duties.--
            (1) Study.--The Commission shall complete a thorough study 
        and review of--
                    (A) the methods used by the FBI to store and 
                securely maintain information, including--
                            (i) any methods of securing information 
                        from theft and inadvertent release;
                            (ii) the efficacy of information systems 
                        used to gather and maintain information; and
                            (iii) any practices and procedures 
                        governing the classification and 
                        declassification of information;
                    (B) the manner in which the FBI trains and monitors 
                personnel, including--
                            (i) any methods of ensuring compliance with 
                        relevant laws, regulations, and FBI procedures;
                            (ii) any methods of holding FBI agents 
                        accountable for wrongdoing;
                            (iii) the treatment of FBI agents and 
                        employees who report wrongdoing in the FBI;
                            (iv) any training and monitoring regarding 
                        the handling of information; and
                            (v) any training and monitoring regarding 
                        the use of deadly force;
                    (C) the manner in which the FBI initiates, 
                organizes, coordinates, and conducts investigations;
                    (D) the allocation of the FBI's resources and the 
                manner in which resource allocation decisions are made 
                and reviewed;
                    (E) the FBI's interaction with State and other 
                Federal law enforcement agencies;
                    (F) the efficacy of external and internal FBI 
                oversight mechanisms;
                    (G) the advisability of altering the FBI's current 
                structure and organization; and
                    (H) such other matters as the Commission determines 
                appropriate.
            (2) Recommendations.--After completing the study under 
        paragraph (1), the Commission shall develop recommendations 
        regarding each matter studied, including recommendations--
                    (A) of any actions Congress should take to address 
                the Commission's findings;
                    (B) of any actions the FBI should take to address 
                the Commission's findings; and
                    (C) for further study, examination, or action by 
                Congress, the FBI, or any other relevant entity.
            (3) Advice, assistance, and testimony.--To carry out the 
        study under paragraph (1) and to develop the recommendations 
        under paragraph (2), the Commission shall solicit advice, 
        assistance, and experts in the areas of--
                    (A) information security;
                    (B) business management and organization;
                    (C) Federal law enforcement agencies;
                    (D) State and local law enforcement;
                    (E) foreign and domestic intelligence; and
                    (F) any other areas determined relevant by the 
                Commission.
            (4) Report.--
                    (A) Final report.--
                            (i) In general.--Not later than 9 months 
                        after the date on which all of the members of 
                        the Commission have been appointed, the 
                        Commission shall submit a final report to 
                        Congress, the FBI, and the Attorney General.
                            (ii) Contents.--The report under clause (i) 
                        shall contain--
                                    (I) a detailed statement of the 
                                findings and conclusions of the 
                                Commission regarding the matters 
                                studied under paragraph (1);
                                    (II) a detailed statement of the 
                                recommendations developed under 
                                paragraph (2); and
                                    (III) any dissenting or minority 
                                opinions of the members of the 
                                Commission.
                    (B) Interim reports.--
                            (i) In general.--The Commission may 
                        determine whether any matter to be studied 
                        under paragraph (1) or any recommendation 
                        developed under paragraph (2), shall be the 
                        subject of an interim report to be submitted 
                        before the submission of the final report 
                        required under subparagraph (A).
                            (ii) Submission of interim reports.--Any 
                        interim reports prepared under clause (i) shall 
                        be submitted to--
                                    (I) Congress;
                                    (II) the FBI;
                                    (III) the Attorney General; and
                                    (IV) any other individual or 
                                organization determined relevant by the 
                                Commission.
                    (C) Accessibility.--
                            (i) In general.--Both the final report 
                        required under subparagraph (A) and any interim 
                        reports prepared under subparagraph (B), shall 
                        be accessible to members of the general public 
                        and to government officials to the greatest 
                        extent possible without compromising national 
                        security, the health or safety of an 
                        individual, or the integrity of an ongoing 
                        investigation.
                            (ii) Confidentiality.--The Commission may 
                        designate portions of any report prepared under 
                        this paragraph confidential to ensure national 
                        security, the health or safety of an 
                        individual, or the integrity of an ongoing 
                        investigation.
    (e) Powers of the Commission.--
            (1) Hearings.--
                    (A) In general.--The Commission may hold hearings, 
                sit and act at times and places, take testimony, and 
                receive evidence as the Commission considers 
                appropriate to carry out this Act.
                    (B) Oaths and affirmations.--The Commission may 
                administer oaths or affirmations to witnesses appearing 
                before it.
                    (C) Rules and procedures.--The Commission may 
                establish rules and procedures governing its 
                proceedings as consistent with this Act.
                    (D) Accessibility.--
                            (i) In general.--Any hearing held by the 
                        Commission shall be open to the public.
                            (ii) Closed hearings.--The Commission may 
                        decide to close to the public any hearing when 
                        necessary to protect national security, the 
                        health and safety of an individual, or the 
                        integrity of an ongoing investigation.
            (2) Powers of members and agents.--Any member or agent of 
        the Commission may, if authorized by the Commission, take any 
        action this Act authorizes the Commission to take.
            (3) Information from federal agencies.--
                    (A) In general.--The Commission may secure directly 
                from any Federal department or agency such information 
as the Commission considers necessary to carry out this Act.
                    (B) Furnishing information.--Upon request of the 
                Chair of the Commission, the head of that department or 
                agency shall furnish the information under subparagraph 
                (A) to the Commission, unless so doing would threaten 
                national security, the health or safety of an 
                individual, or the integrity of an ongoing 
                investigation.
    (f) Commission Personnel Matters.--
            (1) Compensation of members.--Each member of the Commission 
        shall be compensated at a rate equal to the daily equivalent of 
        the annual rate of basic pay prescribed for level IV of the 
        Executive Schedule under section 5315 of title 5, United States 
        Code, for each day (including travel time) during which such 
        member is engaged in the performance of the duties of the 
        Commission.
            (2) Travel expenses.--The members of the Commission shall 
        be allowed travel expenses, including per diem in lieu of 
        subsistence, at rates authorized for employees of agencies 
        under subchapter I of chapter 57 of title 5, United States 
        Code, while away from their homes or regular places of business 
        in the performance of services for the Commission.
            (3) Administrative support services.--Upon request of the 
        Commission, the Administrator of General Services shall provide 
        to the Commission, on a reimbursable basis, the administrative 
        support services necessary for the Commission to carry out its 
        responsibilities under this Act.
            (4) Staff.--
                    (A) In general.--The Commission may, without regard 
                to the provisions of title 5, United States Code, 
                governing appointments in the competitive service, 
                appoint and terminate an executive director and such 
                other additional personnel as may be necessary to 
                enable the Commission to perform its duties. The 
                employment of an executive director shall be subject to 
                confirmation by the Commission.
                    (B) Compensation.--The Commission may fix the 
                compensation of the executive director and other 
                personnel without regard to chapter 51, and subchapter 
                III of chapter 53 of title 5, United States Code, 
                relating to classification of positions and General 
                Schedule pay rates, except that the rate of pay for the 
                executive director and other personnel may not exceed 
                the rate payable for level V of the Executive Schedule 
                under section 5316 of title 5, United States Code.
            (5) Detail of government employees.--Any Federal Government 
        employee may be detailed to the Commission without 
        reimbursement, and such detail shall be without interruption or 
        loss of civil service status or privilege.
            (6) Procurement of temporary and intermittent services.--
        The Commission may procure temporary and intermittent services 
        under section 3109(b) of title 5, United States Code, at rates 
        for individuals which do not exceed the daily equivalent of the 
        annual rate of basic pay prescribed for level V of the 
        Executive Schedule under section 5316 of title 5, United States 
        Code.
    (g) Termination.--The Commission shall terminate 30 days after 
submitting the final report required under subsection (d)(4)(A).
    (h) Authorization of Appropriations.--
            (1) Authorization.--There are authorized to be appropriated 
        such sums as may be necessary to carry out this Act.
            (2) Appropriated funds to remain available.--Any funds 
        appropriated to carry out this Act shall remain available, 
        without fiscal year limitation, until expended.
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