[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.
<all>