I 

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 

A BILL

To reform 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 ‘‘Federal Bureau of In5 vestigation Reform Act of 2003’’. 
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1 TITLE I—WHISTLEBLOWER 

2 PROTECTION 

3 SEC. 101. INCREASING PROTECTIONS FOR FBI WHISTLE4 BLOWERS. 

5 Section 2303 of title 5, United States Code, is 

6 amended to read as follows: 

7 ‘‘§ 2303. Prohibited personnel practices in the Fed8 eral Bureau of Investigation 

9 ‘‘(a) DEFINITION.—In this section, the term ‘per10 sonnel action’ means any action described in clauses (i) 

11 through (x) of section 2302(a)(2)(A). 

12 ‘‘(b) PROHIBITED PRACTICES.—Any employee of the 

13 Federal Bureau of Investigation who has the authority to 

14 take, direct others to take, recommend, or approve any 

15 personnel action, shall not, with respect to such authority, 

16 take or fail to take a personnel action with respect to any 

17 employee of the Bureau or because of—

18 ‘‘(1) any disclosure of information by the em19 ployee to the Attorney General (or an employee des20 ignated by the Attorney General for such purpose), 

21 a supervisor of the employee, the Inspector General 

22 for the Department of Justice, or a Member of Con23 gress that the employee reasonably believes evi24 dences—
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1 ‘‘(A) a violation of any law, rule, or regula2 tion; or 

3 ‘‘(B) mismanagement, a gross waste of 

4 funds, an abuse of authority, or a substantial 

5 and specific danger to public health or safety; 

6 or 

7 ‘‘(2) any disclosure of information by the em8 ployee to the Special Counsel of information that the 

9 employee reasonably believes evidences—

10 ‘‘(A) a violation of any law, rule, or regula11 tion; or 

12 ‘‘(B) mismanagement, a gross waste of 

13 funds, an abuse of authority, or a substantial 

14 and specific danger to public health or safety, 

15 if such disclosure is not specifically prohibited by law 

16 and if such information is not specifically required 

17 by Executive order to be kept secret in the interest 

18 of national defense or the conduct of foreign affairs. 

19 ‘‘(c) INDIVIDUAL RIGHT OF ACTION.—Chapter 12 of 

20 this title shall apply to an employee of the Federal Bureau 

21 of Investigation who claims that a personnel action has 

22 been taken under this section against the employee as a 

23 reprisal for any disclosure of information described in sub24 section (b)(2). 
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1 ‘‘(d) REGULATIONS.—The Attorney General shall 

2 prescribe regulations to ensure that a personnel action 

3 under this section shall not be taken against an employee 

4 of the Federal Bureau of Investigation as a reprisal for 

5 any disclosure of information described in subsection 

6 (b)(1), and shall provide for the enforcement of such regu7 lations in a manner consistent with applicable provisions 

8 of sections 1214 and 1221, and in accordance with the 

9 procedures set forth in sections 554 through 557 and 701 

10 through 706.’’. 

11 TITLE II—FBI SECURITY CAREER 

12 PROGRAM 

13 SEC. 201. SECURITY MANAGEMENT POLICIES. 

14 The Attorney General shall establish policies and pro15 cedures for the effective management (including accession, 

16 education, training, and career development) of persons 

17 serving in security positions in the Federal Bureau of In18 vestigation. 

19 SEC. 202. DIRECTOR OF THE FEDERAL BUREAU OF INVES20 TIGATION. 

21 (a) IN GENERAL.—Subject to the authority, direc22 tion, and control of the Attorney General, the Director of 

23 the Federal Bureau of Investigation (referred to in this 

24 title as the ‘‘Director’’) shall carry out all powers, func25 tions, and duties of the Attorney General with respect to 
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1 the security workforce in the Federal Bureau of Investiga2 tion. 

3 (b) POLICY IMPLEMENTATION.—The Director shall 

4 ensure that the policies of the Attorney General estab5 lished in accordance with this Act are implemented 

6 throughout the Federal Bureau of Investigation at both 

7 the headquarters and field office levels. 

8 SEC. 203. DIRECTOR OF SECURITY. 

9 The Director shall appoint a Director of Security, or 

10 such other title as the Director may determine, to assist 

11 the Director in the performance of the duties of the Direc12 tor under this Act. 

13 SEC. 204. SECURITY CAREER PROGRAM BOARDS. 

14 (a) ESTABLISHMENT.—The Director acting through 

15 the Director of Security shall establish a security career 

16 program board to advise the Director in managing the hir17 ing, training, education, and career development of per18 sonnel in the security workforce of the Federal Bureau 

19 of Investigation. 

20 (b) COMPOSITION OF BOARD.—The security career 

21 program board shall include—

22 (1) the Director of Security (or a representative 

23 of the Director of Security);
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1 (2) the senior officials, as designated by the Di2 rector, with responsibility for personnel manage3 ment; 

4 (3) the senior officials, as designated by the Di5 rector, with responsibility for information manage6 ment; 

7 (4) the senior officials, as designated by the Di8 rector, with responsibility for training and career de9 velopment in the various security disciplines; and 

10 (5) such other senior officials for the intel11 ligence community as the Director may designate. 

12 (c) CHAIRPERSON.—The Director of Security (or a 

13 representative of the Director of Security) shall be the 

14 chairperson of the board. 

15 (d) SUBORDINATE BOARDS.—The Director of Secu16 rity may establish a subordinate board structure to which 

17 functions of the security career program board may be del18 egated. 

19 SEC. 205. DESIGNATION OF SECURITY POSITIONS. 

20 (a) DESIGNATION.—The Director shall designate, by 

21 regulation, those positions in the Federal Bureau of Inves22 tigation that are security positions for purposes of this 

23 Act. 

24 (b) REQUIRED POSITIONS.—In designating security 

25 positions under subsection (a), the Director shall include, 
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1 at a minimum, all security-related positions in the areas 

2 of—

3 (1) personnel security and access control; 

4 (2) information systems security and informa5 tion assurance; 

6 (3) physical security and technical surveillance 

7 countermeasures; 

8 (4) operational, program, and industrial secu9 rity; and 

10 (5) information security and classification man11 agement. 

12 SEC. 206. CAREER DEVELOPMENT. 

13 (a) CAREER PATHS.—The Director shall ensure that 

14 appropriate career paths for personnel who wish to pursue 

15 careers in security are identified in terms of the education, 

16 training, experience, and assignments necessary for career 

17 progression to the most senior security positions and shall 

18 make available published information on those career 

19 paths. 

20 (b) LIMITATION ON PREFERENCE FOR SPECIAL

21 AGENTS.—

22 (1) IN GENERAL.—Except as provided in the 

23 policy established under paragraph (2), the Attorney 

24 General shall ensure that no requirement or pref25 erence for a Special Agent of the Federal Bureau of 
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1 Investigation (referred to in this title as a ‘‘Special 

2 Agent’’) is used in the consideration of persons for 

3 security positions. 

4 (2) POLICY.—The Attorney General shall estab5 lish a policy that permits a particular security posi6 tion to be specified as available only to Special 

7 Agents, if a determination is made, under criteria 

8 specified in the policy, that a Special Agent— 

9 (A) is required for that position by law; 

10 (B) is essential for performance of the du11 ties of the position; or 

12 (C) is necessary for another compelling 

13 reason. 

14 (3) REPORT.—Not later than December 15 of 

15 each year, the Director shall submit to the Attorney 

16 General a report that lists—

17 (A) each security position that is restricted 

18 to Special Agents under the policy established 

19 under paragraph (2); and 

20 (B) the recommendation of the Director as 

21 to whether each restricted security position 

22 should remain restricted. 

23 (c) OPPORTUNITIES TO QUALIFY.—The Attorney 

24 General shall ensure that all personnel, including Special 

25 Agents, are provided the opportunity to acquire the edu-
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1 cation, training, and experience necessary to qualify for 

2 senior security positions. 

3 (d) BEST QUALIFIED.—The Attorney General shall 

4 ensure that the policies established under this Act are de5 signed to provide for the selection of the best qualified 

6 individual for a position, consistent with other applicable 

7 law. 

8 (e) ASSIGNMENTS POLICY.—The Attorney General 

9 shall establish a policy for assigning Special Agents to se10 curity positions that provides for a balance between—

11 (1) the need for personnel to serve in career en12 hancing positions; and 

13 (2) the need for requiring service in each such 

14 position for sufficient time to provide the stability 

15 necessary to carry out effectively the duties of the 

16 position and to allow for the establishment of re17 sponsibility and accountability for actions taken in 

18 the position. 

19 (f) LENGTH OF ASSIGNMENT.—In implementing the 

20 policy established under subsection (b)(2), the Director 

21 shall provide, as appropriate, for longer lengths of assign22 ments to security positions than assignments to other po23 sitions. 

24 (g) PERFORMANCE APPRAISALS.—The Director shall 

25 provide an opportunity for review and inclusion of any 
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1 comments on any appraisal of the performance of a person 

2 serving in a security position by a person serving in a secu3 rity position in the same security career field. 

4 (h) BALANCED WORKFORCE POLICY.—In the devel5 opment of security workforce policies under this Act with 

6 respect to any employees or applicants for employment, 

7 the Attorney General shall, consistent with the merit sys8 tem principles set out in paragraphs (1) and (2) of section 

9 2301(b) of title 5, United States Code, take into consider10 ation the need to maintain a balanced workforce in which 

11 women and members of racial and ethnic minority groups 

12 are appropriately represented in Government service. 

13 SEC. 207. GENERAL EDUCATION, TRAINING, AND EXPERI14 ENCE REQUIREMENTS. 

15 (a) IN GENERAL.—The Director shall establish edu16 cation, training, and experience requirements for each se17 curity position, based on the level of complexity of duties 

18 carried out in the position. 

19 (b) QUALIFICATION REQUIREMENTS.—Before being 

20 assigned to a position as a program manager or deputy 

21 program manager of a significant security program, a per22 son—

23 (1) must have completed a security program 

24 management course that is accredited by the Intel25 ligence Community-Department of Defense Joint Se-
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1 curity Training Consortium or is determined to be 

2 comparable by the Director; and 

3 (2) must have not less than 6 years experience 

4 in security, of which not less than 2 years were per5 formed in a similar program office or organization. 

6 SEC. 208. EDUCATION AND TRAINING PROGRAMS. 

7 (a) IN GENERAL.—The Director, in consultation with 

8 the Director of Central Intelligence and the Secretary of 

9 Defense, shall establish and implement education and 

10 training programs for persons serving in security positions 

11 in the Federal Bureau of Investigation. 

12 (b) OTHER PROGRAMS.—The Director shall ensure 

13 that programs established under subsection (a) are estab14 lished and implemented, to the maximum extent prac15 ticable, uniformly with the programs of the Intelligence 

16 Community and the Department of Defense. 

17 SEC. 209. OFFICE OF PERSONNEL MANAGEMENT AP18 PROVAL. 

19 (a) IN GENERAL.—The Attorney General shall sub20 mit any requirement that is established under section 207 

21 to the Director of the Office of Personnel Management 

22 for approval. 

23 (b) FINAL APPROVAL.—If the Director does not dis24 approve the requirements established under section 207 

25 within 30 days after the date on which the Director re-
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1 ceives the requirement, the requirement is deemed to be 

2 approved by the Director of the Office of Personnel Man3 agement. 

4 TITLE III—FBI COUNTERINTEL5 LIGENCE POLYGRAPH PRO6 GRAM 

7 SEC. 301. DEFINITIONS. 

8 In this title: 

9 (1) POLYGRAPH PROGRAM.—The term ‘‘poly10 graph program’’ means the counterintelligence 

11 screening polygraph program established under sec12 tion 302. 

13 (2) POLYGRAPH REVIEW.—The term ‘‘Poly14 graph Review’’ means the review of the scientific va15 lidity of the polygraph for counterintelligence screen16 ing purposes conducted by the Committee to Review 

17 the Scientific Evidence on the Polygraph of the Na18 tional Academy of Sciences. 

19 SEC. 302. ESTABLISHMENT OF PROGRAM. 

20 Not later than 6 months after the date of enactment 

21 of this Act, the Attorney General, in consultation with the 

22 Director of the Federal Bureau of Investigation and the 

23 Director of Security of the Federal Bureau of Investiga24 tion, shall establish a counterintelligence screening poly-
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1 graph program for the Federal Bureau of Investigation 

2 that consists of periodic polygraph examinations of—

3 (1) employees, contractor employees, of the 

4 Federal Bureau of Investigation who are in positions 

5 specified by the Director of the Federal Bureau of 

6 Investigation as exceptionally sensitive in order to 

7 minimize the potential for unauthorized release or 

8 disclosure of exceptionally sensitive information; or 

9 (2) paid or unpaid informants with whom the 

10 Bureau has had an ongoing relationship for more 

11 than one year. 

12 SEC. 303. REGULATIONS. 

13 (a) IN GENERAL.—The Attorney General shall pre14 scribe regulations for the polygraph program in accord15 ance with subchapter II of chapter 5 of title 5, United 

16 States Code (commonly referred to as the Administrative 

17 Procedures Act). 

18 (b) CONSIDERATIONS.—In prescribing regulations 

19 under subsection (a), the Attorney General shall—

20 (1) take into account the results of the Poly21 graph Review; and 

22 (2) include procedures for—

23 (A) identifying and addressing false posi24 tive results of polygraph examinations; 
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1 (B) ensuring that adverse personnel ac2 tions are not taken against an individual solely 

3 by reason of the physiological reaction of the in4 dividual to a question in a polygraph examina5 tion, unless—

6 (i) reasonable efforts are first made 

7 independently to determine through alter8 native means, the veracity of the response 

9 of the individual to the question; and 

10 (ii) the Director of the Federal Bu11 reau of Investigation determines personally 

12 that the personnel action is justified; 

13 (C) ensuring quality assurance and quality 

14 control in accordance with any guidance pro15 vided by the Department of Defense Polygraph 

16 Institute and the Director of Central Intel17 ligence; and 

18 (D) allowing any employee or contractor 

19 who is the subject of a counterintelligence 

20 screening polygraph examination under the 

21 polygraph program, upon written request, to 

22 have prompt access to any unclassified reports 

23 regarding an examination that relates to any 

24 adverse personnel action taken with respect to 

25 the individual. 
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1 SEC. 304. REPORT ON FURTHER ENHANCEMENT OF FBI 

2 PERSONNEL SECURITY PROGRAM. 

3 (a) IN GENERAL.—Not later than 9 months after the 

4 date of enactment of this Act, the Director of the Federal 

5 Bureau of Investigation shall submit to Congress a report 

6 setting forth recommendations for any legislative action 

7 that the Director considers appropriate in order to en8 hance the personnel security program of the Federal Bu9 reau of Investigation. 

10 (b) POLYGRAPH REVIEW RESULTS.—Any rec11 ommendation under subsection (a) regarding the use of 

12 polygraphs shall take into account the results of the Poly13 graph Review. 

14 TITLE IV—REPORTS 

15 SEC. 401. REPORT ON LEGAL AUTHORITY FOR FBI PRO16 GRAMS AND ACTIVITIES. 

17 (a) IN GENERAL.—Not later than 9 months after the 

18 date of enactment of this Act, the Attorney General shall 

19 submit to Congress a report describing the statutory and 

20 other legal authority for all programs and activities of the 

21 Federal Bureau of Investigation. 

22 (b) CONTENTS.—The report submitted under sub23 section (a) shall describe—

24 (1) the titles within the United States Code and 

25 the statutes for which the Federal Bureau of Inves26 tigation exercises investigative responsibility;
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1 (2) each program or activity of the Federal Bu2 reau of Investigation that has express statutory au3 thority and the statute which provides that author4 ity; and 

5 (3) each program or activity of the Federal Bu6 reau of Investigation that does not have express 

7 statutory authority, and the source of the legal au8 thority for that program or activity. 

9 (c) RECOMMENDATIONS.—The report submitted 

10 under subsection (a) shall recommend whether—

11 (1) the Federal Bureau of Investigation should 

12 continue to have investigative responsibility for each 

13 statute for which the Federal Bureau of Investiga14 tion currently has investigative responsibility; 

15 (2) the legal authority for any program or ac16 tivity of the Federal Bureau of Investigation should 

17 be modified or repealed; 

18 (3) the Federal Bureau of Investigation should 

19 have express statutory authority for any program or 

20 activity of the Federal Bureau of Investigation for 

21 which the Federal Bureau of Investigation does not 

22 currently have express statutory authority; and 

23 (4) the Federal Bureau of Investigation 

24 should—
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1 (A) have authority for any new program or 

2 activity; and 

3 (B) express statutory authority with re4 spect to any new programs or activities. 

5 TITLE V—ENDING THE DOUBLE 

6 STANDARD 

7 SEC. 501. ALLOWING DISCIPLINARY SUSPENSIONS OF MEM8 BERS OF THE SENIOR EXECUTIVE SERVICE 

9 FOR 14 DAYS OR LESS. 

10 Section 7542 of title 5, United States Code, is 

11 amended by striking ‘‘for more than 14 days’’. 

12 SEC. 502. SUBMITTING OFFICE OF PROFESSIONAL RESPON13 SIBILITY REPORTS TO CONGRESSIONAL COM14 MITTEES. 

15 (a) IN GENERAL.—For each of the 5 years following 

16 the date of enactment of this Act, the Office of the Inspec17 tor General shall submit to the chairperson and ranking 

18 member of the Committees on the Judiciary of the Senate 

19 and the House of Representatives an annual report to be 

20 completed by the Federal Bureau of Investigation, Office 

21 of Professional Responsibility and provided to the Inspec22 tor General, which sets forth—

23 (1) basic information on each investigation 

24 completed by that Office; 
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1 (2) the findings and recommendations of that 

2 Office for disciplinary action; and 

3 (3) what, if any, action was taken by the Direc4 tor of the Federal Bureau of Investigation or the 

5 designee of the Director based on any such rec6 ommendation. 

7 (b) CONTENTS.—In addition to all matters already 

8 included in the annual report described in subsection (a), 

9 the report shall also include an analysis of—

10 (1) whether senior Federal Bureau of Investiga11 tion employees and lower level Federal Bureau of In12 vestigation personnel are being disciplined and inves13 tigated similarly; and 

14 (2) whether any double standard is being em15 ployed to more senior employees with respect to alle16 gations of misconduct. 

17 TITLE VI—ENHANCING SECU18 RITY AT THE DEPARTMENT 

19 OF JUSTICE 

20 SEC. 601. REPORT ON THE PROTECTION OF SECURITY AND 

21 INFORMATION AT THE DEPARTMENT OF JUS22 TICE. 

23 Not later than 9 months after the date of enactment 

24 of this Act, the Attorney General shall submit to Congress 

25 a report on the manner in which the Security and Emer-
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1 gency Planning Staff, the Office of Intelligence Policy and 

2 Review, and the Chief Information Officer of the Depart3 ment of Justice plan to improve the protection of security 

4 and information at the Department of Justice, including 

5 a plan to establish secure electronic communications be6 tween the Federal Bureau of Investigation and the Office 

7 of Intelligence Policy and Review for processing informa8 tion related to the Foreign Intelligence Surveillance Act 

9 of 1978 (50 U.S.C. 1801 et seq.). 

10 SEC. 602. AUTHORIZATION FOR INCREASED RESOURCES TO 

11 PROTECT SECURITY AND INFORMATION. 

12 There are authorized to be appropriated to the De13 partment of Justice for the activities of the Security and 

14 Emergency Planning Staff to meet the increased demands 

15 to provide personnel, physical, information, technical, and 

16 litigation security for the Department of Justice, to pre17 pare for terrorist threats and other emergencies, and to 

18 review security compliance by components of the Depart19 ment of Justice—

20 (1) $13,000,000 for fiscal years 2003 and 

21 2004; 

22 (2) $17,000,000 for fiscal year 2005; and 

23 (3) $22,000,000 for fiscal year 2006. 
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1 SEC. 603. AUTHORIZATION FOR INCREASED RESOURCES TO 

2 FULFILL NATIONAL SECURITY MISSION OF 

3 THE DEPARTMENT OF JUSTICE. 

4 There are authorized to be appropriated to the De5 partment of Justice for the activities of the Office of Intel6 ligence Policy and Review to help meet the increased per7 sonnel demands to combat terrorism, process applications 

8 to the Foreign Intelligence Surveillance Court, participate 

9 effectively in counterespionage investigations, provide pol10 icy analysis and oversight on national security matters, 

11 and enhance secure computer and telecommunications fa12 cilities—

13 (1) $7,000,000 for fiscal years 2003 and 2004; 

14 (2) $7,500,000 for fiscal year 2005; and 

15 (3) $8,000,000 for fiscal year 2006.

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