[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



_______________________________________________________________________

                                 A BILL

To make needed reforms in the Federal Bureau of Investigation, and for 
                            other purposes.

_______________________________________________________________________

                             April 25, 2002

                       Reported with an amendment