I 
107TH CONGRESS 
2D SESSION 
H. R. 5387
To make needed reforms in the Federal Bureau of Investigation, and for 
other purposes. 
IN THE HOUSE OF REPRESENTATIVES 
SEPTEMBER 17, 2002
Mr. CONYERS (for himself, Mr. FRANK, Mr. BERMAN, Ms. JACKSON-LEE of 
Texas, 
Mr. 
MEEHAN, 
Mr. 
DELAHUNT, 
Mr. 
KUCINICH, 
Mr. 
BLUMENAUER, Mr. DAVIS of Illinois, Mr. EVANS, and Ms. SCHAKOWSKY) 
introduced the following bill; which was referred to the Committee on the 
Judiciary, and in addition to the Committee on Government Reform, for 
a period to be subsequently determined by the Speaker, in each case for 
consideration of such provisions as fall within the jurisdiction of the com-
mittee concerned 
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 Representa-
tives of the United States of America in Congress assembled, 
SECTION 1. SHORT TITLE. 
This Act may be cited as the ‘‘Federal Bureau of In-
vestigation 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 crimi-
nal 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 Responsi-
bility or the internal affairs office of the appropriate 
component of the Department of Justice; 
‘‘(3) shall refer to the Counsel, Office of Profes-
sional Responsibility of the Department of Justice, 
allegations of misconduct involving Department at-
torneys, investigators, or law enforcement personnel, 
where the allegations relate to the exercise of the au-
thority of an attorney to investigate, litigate, or pro-
vide 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 per-
son who is the head of any agency or component of 
the Department of Justice; and 
‘‘(5) shall forward the results of any investiga-
tion 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 rec-
ommendation of the Inspector General made under sub-
section (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 Rep-
resentatives that sets forth the recommendation of the In-
spector 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 receiv-
ing a nonfrivolous allegation of criminal wrongdoing or ad-
ministrative misconduct by an employee of the Depart-
ment of Justice shall report that information to the In-
spector 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 respon-
sible 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 In-
spector 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 Bu-
reau of Investigation, which plan may include—
(1) an audit of the financial systems, informa-
tion technology systems, and computer security sys-
tems 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 fail-
ures and to recommend corrective action; 
(3) a review of the activities of internal affairs 
offices of the Federal Bureau of Investigation, in-
cluding 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 In-
vestigation that the Inspector General determines re-
quires 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 Gen-
eral 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 Representa-
tives concerning—
(1) whether there should be established, within 
the Department of Justice, a separate office of the
Inspector General for the Federal Bureau of Inves-
tigation 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 gov-
erning the Federal Bureau of Investigation in order 
to assist the Office of the Inspector General in effec-
tively exercising its authority to investigate the con-
duct of employees of the Federal Bureau of Inves-
tigation; 
(3) what differences exist between the methods 
and practices used by different Department of Jus-
tice components in the investigation and adjudica-
tion 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 para-
graph (3) uniform throughout the Department of 
Justice; and 
(5) whether a set of recommended guidelines re-
lating to the discipline of Department of Justice per-
sonnel 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 guide-
lines. 
TITLE II—WHISTLEBLOWER 
PROTECTION 
SEC. 201. INCREASING PROTECTIONS FOR FBI WHISTLE-
BLOWERS. 
Section 2303 of title 5, United States Code, is 
amended to read as follows: 
‘‘§ 2303. Prohibited personnel practices in the Fed-
eral Bureau of Investigation 
‘‘(a) DEFINITION.—In this section, the term ‘per-
sonnel 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 em-
ployee to the Attorney General (or an employee des-
ignated by the Attorney General for such purpose), 
a supervisor of the employee, the Inspector General
for the Department of Justice, or a Member of Con-
gress that the employee reasonably believes evi-
dences—
‘‘(A) a violation of any law, rule, or regula-
tion; 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 em-
ployee to the Special Counsel of information that the 
employee reasonably believes evidences—
‘‘(A) a violation of any law, rule, or regula-
tion; 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 sub-
section (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 regu-
lations 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 pro-
cedures for the effective management (including accession, 
education, training, and career development) of persons 
serving in security positions in the Federal Bureau of In-
vestigation. 
SEC. 302. DIRECTOR OF THE FEDERAL BUREAU OF INVES-
TIGATION. 
(a) IN GENERAL.—Subject to the authority, direc-
tion, 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, func-
tions, and duties of the Attorney General with respect to 
the security workforce in the Federal Bureau of Investiga-
tion. 
(b) POLICY IMPLEMENTATION.—The Director shall 
ensure that the policies of the Attorney General estab-
lished 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 Direc-
tor 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 hir-
ing, training, education, and career development of per-
sonnel 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);