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108th CONGRESS
1st Session
H. R. 2867
To reform the Federal Bureau of Investigation.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
July 24, 2003
Mr. Conyers (for himself, Mr. Berman, Ms. Jackson-Lee of Texas, Mr.
Delahunt, Mr. Blumenauer, Mr. Farr, Ms. Carson of Indiana, and Mr.
Waxman) 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 committee concerned
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A BILL
To reform the Federal Bureau of Investigation.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Federal Bureau of Investigation
Reform Act of 2003''.
TITLE I--WHISTLEBLOWER PROTECTION
SEC. 101. 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 II--FBI SECURITY CAREER PROGRAM
SEC. 201. 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. 202. 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. 203. 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. 204. 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. 205. 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. 206. 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, United States Code, 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. 207. 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. 208. 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. 209. OFFICE OF PERSONNEL MANAGEMENT APPROVAL.
(a) In General.--The Attorney General shall submit any requirement
that is established under section 207 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 207 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 III--FBI COUNTERINTELLIGENCE POLYGRAPH PROGRAM
SEC. 301. DEFINITIONS.
In this title:
(1) Polygraph program.--The term ``polygraph program''
means the counterintelligence screening polygraph program
established under section 302.
(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. 302. ESTABLISHMENT OF PROGRAM.
Not later than 6 months after the date of enactment of this Act,
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--
(1) employees, 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;
or
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