II

107TH CONGRESS

1ST SESSION S. 1065

To amend the Inspector General Act of 1978 (5 U.S.C. App.) to establish

an Inspector General for the Federal Bureau of Investigation, and for

other purposes.

IN THE SENATE OF THE UNITED STATES

JUNE 20, 2001

Mr. DURBIN (for himself and Mr. SPECTER) introduced the following bill;

which was read twice and referred to the Committee on the Judiciary

A BILL

To amend the Inspector General Act of 1978 (5 U.S.C.

App.) to establish an Inspector General for the Federal

Bureau of Investigation, and for other purposes.

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

3 SECTION 1. INSPECTOR GENERAL FOR THE FEDERAL BU4 REAU OF INVESTIGATION.

5 (a) SHORT TITLE.—This Act may be cited as the

6 ‘‘Inspector General for the Federal Bureau of Investiga7 tion Act of 2001’’.

8 (b) ESTABLISHMENT OF AN INSPECTOR GENERAL

9 FOR THE FEDERAL BUREAU OF INVESTIGATION.—The
2

•S 1065 IS

1 matter following paragraph (3) of section 2 of the Inspec2 tor General Act of 1978 (5 U.S.C. App.) is amended—

3 (1) in subparagraph (A), by striking ‘‘subpara4 graph (B); and’’ and inserting ‘‘subparagraphs (A)

5 and (B);’’;

6 (2) in subparagraph (B), by striking the period

7 and inserting ’’; and’’; and

8 (3) by adding at the end the following:

9 ‘‘(C) in the establishment of the Depart10 ment of the Justice—

11 ‘‘(i) an Office of Inspector General of

12 the Department of Justice; and

13 ‘‘(ii) an Office of Inspector General

14 for the Federal Bureau of Investigation.’’.

15 (c) AMENDMENTS TO SECTION 8E OF THE INSPEC16 TOR GENERAL ACT OF 1978.—

17 (1) LIMITATION ON AUTHORITY OF INSPECTOR

18 GENERAL.—Section 8E(a) of the Inspector General

19 Act of 1978 (5 U.S.C. App.) is amended by adding

20 at the end the following:

21 ‘‘(4) Paragraphs (1), (2), and (3) shall apply to

22 the Attorney General and the Director of the Fed23 eral Bureau of Investigation, and the Inspector Gen24 eral for the Federal Bureau of Investigation in the

25 same manner and to the same extent as such para-
3

•S 1065 IS

1 graphs apply to the Attorney General and the In2 spector General of the Department of Justice, re3 spectively.’’.

4 (2) DUTIES OF INSPECTOR GENERAL OF THE

5 DEPARTMENT OF JUSTICE; RELATIONSHIP TO THE

6 INSPECTOR GENERAL FOR THE FEDERAL BUREAU

7 OF INVESTIGATION.—Section 8E(b) of the Inspector

8 General Act of 1978 (5 U.S.C. App.) is amended—

9 (A) by inserting ‘‘(1)’’ after ‘‘(b)’’;

10 (B) by redesignating paragraphs (1)

11 through (3) as subparagraphs (A) through (C),

12 respectively; and

13 (C) by adding at the end the following:

14 ‘‘(2) The Inspector General of the Department of

15 Justice shall exercise all duties and responsibilities of an

16 Inspector General for the Department of Justice other

17 than the duties and responsibilities exercised by the In18 spector General for the Federal Bureau of Investigation.

19 ‘‘(3) The Attorney General shall establish procedures

20 under which the Inspector General of the Department of

21 Justice and the Inspector General for the Federal Bureau

22 of Investigation will—

23 ‘‘(A) determine how audits and investigations

24 are allocated in cases of overlapping jurisdiction; and
4

•S 1065 IS

1 ‘‘(B) provide for coordination, cooperation, and

2 efficiency in the conduct of such audits and inves3 tigations.’’.

4 (3) TRANSMISSION OF REPORTS.—Section

5 8E(c) of the Inspector General Act of 1978 (5

6 U.S.C. App.) is amended—

7 (A) by inserting ‘‘(1)’’ after ‘‘(c)’’;

8 (B) by striking ‘‘Government Operations’’

9 and inserting ‘‘Government Reform’’; and

10 (C) by adding at the end the following:

11 ‘‘(2)(A) Any report made by the Inspector General

12 for the Federal Bureau of Investigation that is required

13 to be transmitted by the Attorney General to the appro14 priate committees or subcommittees of Congress under

15 section 5(d) shall also be transmitted, within the 7-day

16 period specified under such subsection, to the Director of

17 the Federal Bureau of Investigation.

18 ‘‘(B) Subparagraph (A) shall not apply to any report

19 the subject of which is the Director of the Federal Bureau

20 of Investigation.’’.

21 (4) INSPECTOR GENERAL FOR THE FEDERAL

22 BUREAU OF INVESTIGATION.—Section 8E of the In23 spector General Act of 1978 (5 U.S.C. App.) is

24 amended by adding at the end the following:
5

•S 1065 IS

1 ‘‘(d) The Inspector General for the Federal Bureau

2 of Investigation shall exercise all duties and responsibil3 ities of an Inspector General of an establishment with re4 spect to the Department of Justice and the Attorney Gen5 eral on all matters relating to the Federal Bureau of In6 vestigation. The Inspector General for the Federal Bureau

7 of Investigation shall have sole authority under this Act

8 to conduct an audit or investigation of the Director of the

9 Federal Bureau of Investigation.

10 ‘‘(e) In addition to the requirements of the first sen11 tence of section 3(a), the Inspector General for the Fed12 eral Bureau of Investigation should have demonstrated

13 ability to lead a large and complex organization.

14 ‘‘(f) An individual appointed to the position of Inspec15 tor General for the Federal Bureau of Investigation, the

16 Assistant Inspector General for Auditing of the Office of

17 the Inspector General for the Federal Bureau of Investiga18 tion under section 3(d)(1), the Assistant Inspector Gen19 eral for Investigations of the Office of the Inspector Gen20 eral for the Federal Bureau of Investigation under section

21 3(d)(2), or any position of Deputy Inspector General of

22 the Office of the Inspector General for the Federal Bureau

23 of Investigation may not be an employee of the Federal

24 Bureau of Investigation—
6

•S 1065 IS

1 ‘‘(1) during the 2-year period preceding the

2 date of appointment to such position; or

3 ‘‘(2) during the 5-year period following the date

4 such individual ends service in such position.

5 ‘‘(g)(1) The Attorney General or the Director of the

6 Federal Bureau of Investigation may request, in writing,

7 the Inspector General for the Federal Bureau of Investiga8 tion to conduct an audit or investigation relating to the

9 Federal Bureau of Investigation. If the Inspector General

10 for the Federal Bureau of Investigation determines not to

11 conduct such audit or investigation, the Inspector General

12 shall timely provide a written explanation for such deter13 mination to the Attorney General or the Director of the

14 Federal Bureau of Investigation.

15 ‘‘(2)(A) Any final report of an audit conducted by

16 the Inspector General for the Federal Bureau of Investiga17 tion shall be timely submitted by the Inspector General

18 to the Attorney General and the Director of the Federal

19 Bureau of Investigation.

20 ‘‘(B) The Inspector General for the Federal Bureau

21 of Investigation shall—

22 ‘‘(i) periodically submit to the Attorney General

23 and the Director of the Federal Bureau of Investiga24 tion a list of investigations for which a final report

25 has been completed by the Inspector General; and
7

•S 1065 IS

1 ‘‘(ii) provide a copy of any such report to—

2 ‘‘(I) the Attorney General, upon the re3 quest of the Attorney General; or

4 ‘‘(II) the Director of the Federal Bureau

5 of Investigation, upon the request of the Direc6 tor, unless the subject of the report is the Di7 rector of the Federal Bureau of Investigation.

8 ‘‘(C) This paragraph applies regardless of whether

9 the applicable audit or investigation is requested under

10 paragraph (1).’’.

11 (d) TRANSFER OF FUNCTIONS.—

12 (1) IN GENERAL.—Section 9(a)(1) of the In13 spector General Act of 1978 (5 U.S.C. App.) is

14 amended in subparagraph (I)—

15 (A) by inserting ‘‘(i)’’ after ‘‘(I)’’;

16 (B) by inserting ‘‘and’’ after the semicolon;

17 and

18 (C) by adding at the end the following:

19 ‘‘(ii) of the Federal Bureau of Inves20 tigation, effective 180 days after the date

21 of enactment of the Inspector General for

22 the Federal Bureau of Investigation Act of

23 2001, the division of such bureau referred

24 to as the ‘Inspections Division’ and that

25 portion of each of the divisions or offices
8

•S 1065 IS

1 of such bureau which is engaged in inter2 nal audit and investigative activities;’’.

3 (2) TERMINATION OF OFFICE OF THE INSPEC4 TIONS DIVISION.—Effective upon the transfer of

5 functions under the amendment made by paragraph

6 (1), the division of the Federal Bureau of Investiga7 tion referred to as the ‘‘Inspections Division’’ and

8 the Federal Bureau of Investigation Office of Pro9 fessional Responsibility are terminated.

10 (e) AUDITS AND REPORTS OF AGENCY FINANCIAL

11 STATEMENTS.—Subject to section 3521(g) of title 31,

12 United States Code—

13 (1) the Inspector General of the Department of

14 Justice shall, subject to paragraph (2)—

15 (A) audit each financial statement in ac16 cordance with section 3521(e) of such title; and

17 (B) prepare and submit each report re18 quired under section 3521(f) of such title; and

19 (2) the Inspector General for the Federal Bu20 reau of Investigation shall—

21 (A) audit that portion of each financial

22 statement referred to under paragraph (1)(A)

23 that relates to custodial and administrative ac24 counts of the Federal Bureau of Investigation;

25 and
9

•S 1065 IS

1 (B) prepare that portion of each report re2 ferred to under paragraph (1)(B) that relates

3 to custodial and administrative accounts of the

4 Federal Bureau of Investigation.

5 (f) TECHNICAL AND CONFORMING AMENDMENTS.—

6 (1) AMENDMENTS RELATING TO REFERENCES

7 TO THE INSPECTOR GENERAL OF THE DEPARTMENT

8 OF JUSTICE.—

9 (A) LIMITATION ON AUTHORITY.—Section

10 8E(a) of the Inspector General Act of 1978 (5

11 U.S.C. App.) is amended—

12 (i) in the first sentence of paragraph

13 (1), by inserting ‘‘of the Department of the

14 Justice’’ after ‘‘Inspector General’’;

15 (ii) in paragraph (2), by inserting ‘‘of

16 the Department of Justice’’ after ‘‘prohibit

17 the Inspector General’’; and

18 (iii) in paragraph (3)—

19 (I) in the first sentence, by in20 serting ‘‘of the Department of Jus21 tice’’ after ‘‘notify the Inspector Gen22 eral’’; and

23 (II) in the second sentence, by

24 inserting ‘‘of the Department of Jus-
10

•S 1065 IS

1 tice’’ after ‘‘notice, the Inspector Gen2 eral’’.

3 (B) DUTIES.—Section 8E(b) of the Inspec4 tor General Act of 1978 (5 U.S.C. App.) is

5 amended—

6 (i) in paragraph (1), by striking ‘‘the

7 Inspector General’’ and inserting ‘‘such In8 spector General’’; and

9 (ii) in paragraph (2), by inserting ‘‘of

10 the Department of Justice’’ after ‘‘Inspec11 tor General’’.

12 (2) EMPLOYEE OR CONTRACTOR COM13 PLAINTS.—Section 8H(a)(1)(B) of the Inspector

14 General Act of 1978 (5 U.S.C. App.) is amended by

15 striking ‘‘Department of Justice’’ and inserting

16 ‘‘Federal Bureau of Investigation’’.

17 (3) EXECUTIVE SCHEDULE LEVEL IV POSITION.—

18 Section 5315 of title 5, United States Code, is

19 amended by inserting after the item relating to the

20 Inspector General, Department of Justice the fol21 lowing:

22 ‘‘Inspector General, Federal Bureau of Inves23 tigation.’’.
11

•S 1065 IS

1 (g) EFFECTIVE DATE.—This Act shall take effect

2 180 days after the date of enactment of this Act.

Æ