Justice investigates allegations of cheating at FBI

The exam tests agents' knowledge of new rules allowing the FBI to conduct surveillance without evidence of a crime in the name of national security. The Domestic Investigations and Operation Guidelines give agents the ability to consider race and other sensitive criteria when looking into a potential terrorist threat.

According to the AP report, some agents printed the test out before taking it and used it as a study guide, while others finished the open-book exam "unusually quickly." Konrad Motyka, president of the FBI Agents Association, said the discrepancies were a result of miscommunication from the agency and a lack of consistency in administering the test.

Agents are required to keep their training up-to-date, although pass-fail tests are not typical. But the sensitivity associated with greater surveillance flexibility prompted the FBI to assure Congress in 2008 that it would train agents appropriately.

Lawmakers questioned FBI Director Robert Mueller on Wednesday about the alleged cheating. Mueller said he is waiting to hear how many agents could be involved.

The FBI had no comment on the investigation.