II

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.

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled,

3 SECTION 1. SHORT TITLE.

4 This Act may be cited as the ‘‘FBI Reform Commis5 sion Act of 2001’’.

6 SEC. 2. CREATION OF THE FBI REVIEW COMMISSION.

7 (a) ESTABLISHMENT.—There is established the FBI

8 Review Commission (in this Act referred to as the ‘‘Com9 mission’’).

10 (b) MISSION STATEMENT.—
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1 (1) IN GENERAL.—The mission of the Commis2 sion shall be to conduct a thorough, independent,

3 and comprehensive examination of the Federal Bu4 reau of Investigation (in this Act referred to as the

5 ‘‘FBI’’).

6 (2) FOCUS.—The Commission shall focus its

7 examination on—

8 (A) systemic and structural aspects of the

9 FBI;

10 (B) the FBI’s relationship with other law

11 enforcement entities; and

12 (C) recommendations for improving the

13 performance of the FBI.

14 (c) MEMBERSHIP AND ADMINISTRATIVE PROVI15 SIONS.—

16 (1) NUMBER AND APPOINTMENT.—The Com17 mission shall be composed of 12 members of

18 whom—

19 (A) 2 members shall be appointed by the

20 Majority Leader of the Senate;

21 (B) 2 members shall be appointed by the

22 Minority Leader of the Senate;

23 (C) 2 members shall be appointed by the

24 Speaker of the House of Representatives;
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1 (D) 2 members shall be appointed by the

2 Minority Leader of the House of Representa3 tives; and

4 (E) 4 members shall be appointed by the

5 President, including 1 who shall serve as the

6 Chair of the Commission.

7 (2) QUALIFICATIONS.—Members of the Com8 mission shall be—

9 (A) chosen on the basis of expertise in law

10 enforcement and management, integrity, impar11 tiality, and good judgment; and

12 (B) individuals who are not, at the time

13 appointed to the Commission, elected or ap14 pointed officers or employees of the Federal

15 Government.

16 (3) BALANCE.—The Commission shall reflect,

17 to the maximum extent possible, fair and equitable

18 representation of various points of view with respect

19 to the matters to be studied by the Commission

20 under subsection (d)(1).

21 (4) TERMS OFAPPOINTMENT.—

22 (A) DATE.—Members of the Commission

23 shall be appointed not later than 30 days after

24 the date of enactment of this Act.
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1 (B) TERMS.—Each member of the Com2 mission shall be appointed for the life of the

3 Commission.

4 (C) VACANCIES.—A vacancy in the Com5 mission shall not affect its powers, but shall be

6 filled in the same manner as the original mem7 ber was appointed.

8 (5) MEETINGS.—

9 (A) IN GENERAL.—The Commission shall

10 meet at the call of the Chair.

11 (B) INITIAL MEETING.—Not later than 30

12 days after the date on which all of the members

13 of the Commission have been appointed, the

14 Commission shall hold its first meeting.

15 (C) QUORUM.—A majority of the members

16 of the Commission shall constitute a quorum,

17 but a lesser number of members may hold

18 meetings.

19 (d) DUTIES.—

20 (1) STUDY.—The Commission shall complete a

21 thorough study and review of—

22 (A) the methods used by the FBI to store

23 and securely maintain information, including—

24 (i) any methods of securing informa25 tion from theft and inadvertent release;
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1 (ii) the efficacy of information sys2 tems used to gather and maintain informa3 tion; and

4 (iii) any practices and procedures gov5 erning the classification and declassifica6 tion of information;

7 (B) the manner in which the FBI trains

8 and monitors personnel, including—

9 (i) any methods of ensuring compli10 ance with relevant laws, regulations, and

11 FBI procedures;

12 (ii) any methods of holding FBI

13 agents accountable for wrongdoing;

14 (iii) the treatment of FBI agents and

15 employees who report wrongdoing in the

16 FBI;

17 (iv) any training and monitoring re18 garding the handling of information; and

19 (v) any training and monitoring re20 garding the use of deadly force;

21 (C) the manner in which the FBI initiates,

22 organizes, coordinates, and conducts investiga23 tions;
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1 (D) the allocation of the FBI’s resources

2 and the manner in which resource allocation de3 cisions are made and reviewed;

4 (E) the FBI’s interaction with State and

5 other Federal law enforcement agencies;

6 (F) the efficacy of external and internal

7 FBI oversight mechanisms;

8 (G) the advisability of altering the FBI’s

9 current structure and organization; and

10 (H) such other matters as the Commission

11 determines appropriate.

12 (2) RECOMMENDATIONS.—After completing the

13 study under paragraph (1), the Commission shall de14 velop recommendations regarding each matter stud15 ied, including recommendations—

16 (A) of any actions Congress should take to

17 address the Commission’s findings;

18 (B) of any actions the FBI should take to

19 address the Commission’s findings; and

20 (C) for further study, examination, or ac21 tion by Congress, the FBI, or any other rel22 evant entity.

23 (3) ADVICE, ASSISTANCE, AND TESTIMONY.—To

24 carry out the study under paragraph (1) and to de25 velop the recommendations under paragraph (2), the
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1 Commission shall solicit advice, assistance, and ex2 perts in the areas of—

3 (A) information security;

4 (B) business management and organiza5 tion;

6 (C) Federal law enforcement agencies;

7 (D) State and local law enforcement;

8 (E) foreign and domestic intelligence; and

9 (F) any other areas determined relevant by

10 the Commission.

11 (4) REPORT.—

12 (A) FINAL REPORT.—

13 (i) IN GENERAL.—Not later than 9

14 months after the date on which all of the

15 members of the Commission have been ap16 pointed, the Commission shall submit a

17 final report to Congress, the FBI, and the

18 Attorney General.

19 (ii) CONTENTS.—The report under

20 clause (i) shall contain—

21 (I) a detailed statement of the

22 findings and conclusions of the Com23 mission regarding the matters studied

24 under paragraph (1);
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1 (II) a detailed statement of the

2 recommendations developed under

3 paragraph (2); and

4 (III) any dissenting or minority

5 opinions of the members of the Com6 mission.

7 (B) INTERIM REPORTS.—

8 (i) IN GENERAL.—The Commission

9 may determine whether any matter to be

10 studied under paragraph (1) or any rec11 ommendation developed under paragraph

12 (2), shall be the subject of an interim re13 port to be submitted before the submission

14 of the final report required under subpara15 graph (A).

16 (ii) SUBMISSION OFINTERIM RE17 PORTS.—Any interim reports prepared

18 under clause (i) shall be submitted to—

19 (I) Congress;

20 (II) the FBI;

21 (III) the Attorney General; and

22 (IV) any other individual or orga23 nization determined relevant by the

24 Commission.

25 (C) ACCESSIBILITY.—
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1 (i) IN GENERAL.—Both the final re2 port required under subparagraph (A) and

3 any interim reports prepared under sub4 paragraph (B), shall be accessible to mem5 bers of the general public and to govern6 ment officials to the greatest extent pos7 sible without compromising national secu8 rity, the health or safety of an individual,

9 or the integrity of an ongoing investiga10 tion.

11 (ii) CONFIDENTIALITY.—The Com12 mission may designate portions of any re13 port prepared under this paragraph con14 fidential to ensure national security, the

15 health or safety of an individual, or the in16 tegrity of an ongoing investigation.

17 (e) POWERS OFTHE COMMISSION.—

18 (1) HEARINGS.—

19 (A) IN GENERAL.—The Commission may

20 hold hearings, sit and act at times and places,

21 take testimony, and receive evidence as the

22 Commission considers appropriate to carry out

23 this Act.
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1 (B) OATHS AND AFFIRMATIONS.—The

2 Commission may administer oaths or affirma3 tions to witnesses appearing before it.

4 (C) RULES AND PROCEDURES.—The Com5 mission may establish rules and procedures gov6 erning its proceedings as consistent with this

7 Act.

8 (D) ACCESSIBILITY.—

9 (i) IN GENERAL.—Any hearing held

10 by the Commission shall be open to the

11 public.

12 (ii) CLOSED HEARINGS.—The Com13 mission may decide to close to the public

14 any hearing when necessary to protect na15 tional security, the health and safety of an

16 individual, or the integrity of an ongoing

17 investigation.

18 (2) POWERS OFMEMBERS AND AGENTS.—Any

19 member or agent of the Commission may, if author20 ized by the Commission, take any action this Act au21 thorizes the Commission to take.

22 (3) INFORMATION FROM FEDERAL AGENCIES.—

23 (A) IN GENERAL.—The Commission may

24 secure directly from any Federal department or
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1 agency such information as the Commission

2 considers necessary to carry out this Act.

3 (B) FURNISHING INFORMATION.—Upon

4 request of the Chair of the Commission, the

5 head of that department or agency shall furnish

6 the information under subparagraph (A) to the

7 Commission, unless so doing would threaten na8 tional security, the health or safety of an indi9 vidual, or the integrity of an ongoing investiga10 tion.

11 (f) COMMISSION PERSONNEL MATTERS.—

12 (1) COMPENSATION OFMEMBERS.—Each mem13 ber of the Commission shall be compensated at a

14 rate equal to the daily equivalent of the annual rate

15 of basic pay prescribed for level IV of the Executive

16 Schedule under section 5315 of title 5, United

17 States Code, for each day (including travel time)

18 during which such member is engaged in the per19 formance of the duties of the Commission.

20 (2) TRAVEL EXPENSES.—The members of the

21 Commission shall be allowed travel expenses, includ22 ing per diem in lieu of subsistence, at rates author23 ized for employees of agencies under subchapter I of

24 chapter 57 of title 5, United States Code, while
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1 away from their homes or regular places of business

2 in the performance of services for the Commission.

3 (3) ADMINISTRATIVE SUPPORT SERVICES.—

4 Upon request of the Commission, the Administrator

5 of General Services shall provide to the Commission,

6 on a reimbursable basis, the administrative support

7 services necessary for the Commission to carry out

8 its responsibilities under this Act.

9 (4) STAFF.—

10 (A) IN GENERAL.—The Commission may,

11 without regard to the provisions of title 5,

12 United States Code, governing appointments in

13 the competitive service, appoint and terminate

14 an executive director and such other additional

15 personnel as may be necessary to enable the

16 Commission to perform its duties. The employ17 ment of an executive director shall be subject to

18 confirmation by the Commission.

19 (B) COMPENSATION.—The Commission

20 may fix the compensation of the executive direc21 tor and other personnel without regard to chap22 ter 51, and subchapter III of chapter 53 of title

23 5, United States Code, relating to classification

24 of positions and General Schedule pay rates, ex25 cept that the rate of pay for the executive direc-
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1 tor and other personnel may not exceed the rate

2 payable for level V of the Executive Schedule

3 under section 5316 of title 5, United States

4 Code.

5 (5) DETAIL OFGOVERNMENT EMPLOYEES.—

6 Any Federal Government employee may be detailed

7 to the Commission without reimbursement, and such

8 detail shall be without interruption or loss of civil

9 service status or privilege.

10 (6) PROCUREMENT OFTEMPORARY AND INTER11 MITTENT SERVICES.—The Commission may procure

12 temporary and intermittent services under section

13 3109(b) of title 5, United States Code, at rates for

14 individuals which do not exceed the daily equivalent

15 of the annual rate of basic pay prescribed for level

16 V of the Executive Schedule under section 5316 of

17 title 5, United States Code.

18 (g) TERMINATION.—The Commission shall terminate

19 30 days after submitting the final report required under

20 subsection (d)(4)(A).

21 (h) AUTHORIZATION OF APPROPRIATIONS.—

22 (1) AUTHORIZATION.—There are authorized to

23 be appropriated such sums as may be necessary to

24 carry out this Act.
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1 (2) APPROPRIATED FUNDS TO REMAIN AVAIL2 ABLE.—Any funds appropriated to carry out this

3 Act shall remain available, without fiscal year limita4 tion, until expended.

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