I 

108TH CONGRESS 

2D SESSION H. R. 4564

To amend title 5, United States Code, to provide for reform relating to 

employment at the Federal Bureau of Investigation. 

IN THE HOUSE OF REPRESENTATIVES 

JUNE 14, 2004

Mr. WOLF (for himself and Mr. TOM DAVIS of Virginia) introduced the 

following bill; which was referred to the Committee on Government Reform 

A BILL

To amend title 5, United States Code, to provide for reform 

relating to employment at 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. MANDATORY SEPARATION AGE. 

4 (a) CIVIL SERVICE RETIREMENT SYSTEM.—Section 

5 8335(b) of title 5, United States Code, is amended—

6 (1) by striking ‘‘(b)’’ and inserting ‘‘(b)(1)’’; 

7 and 

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

9 ‘‘(2) In the case of employees of the Federal Bureau 

10 of Investigation, the second sentence of paragraph (1) 
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1 shall be applied by substituting ‘65 years of age’ for ‘60 

2 years of age’. The authority to grant exemptions in ac3 cordance with the preceding sentence shall cease to be 

4 available after December 31, 2009.’’. 

5 (b) FEDERAL EMPLOYEES’ RETIREMENT SYSTEM.—

6 Section 8425(b) of title 5, United States Code, is amend7 ed—

8 (1) by striking ‘‘(b)’’ and inserting ‘‘(b)(1)’’; 

9 and 

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

11 ‘‘(2) In the case of employees of the Federal Bureau 

12 of Investigation, the second sentence of paragraph (1) 

13 shall be applied by substituting ‘65 years of age’ for ‘60 

14 years of age’. The authority to grant exemptions in ac15 cordance with the preceding sentence shall cease to be 

16 available after December 31, 2009.’’. 

17 SEC. 2. RETENTION AND RELOCATION BONUSES. 

18 (a) IN GENERAL.—Subchapter IV of chapter 57 of 

19 title 5, United States Code is amended by adding at the 

20 end the following: 

21 ‘‘§ 5759. Retention and relocation bonuses for the 

22 Federal Bureau of Investigation 

23 ‘‘(a) AUTHORITY.—The Director of the Federal Bu24 reau of Investigation, after consultation with the Director 

25 of the Office of Personnel Management, may pay, on a 
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1 case-by-case basis, a bonus under this section to an em2 ployee of the Bureau if—

3 ‘‘(1)(A) the unusually high or unique qualifica4 tions of the employee or a special need of the Bu5 reau for the employee’s services makes it essential to 

6 retain the employee; and 

7 ‘‘(B) the Director of the Federal Bureau of In8 vestigation determines that, in the absence of such 

9 a bonus, the employee would be likely to leave—

10 ‘‘(i) the Federal service; or 

11 ‘‘(ii) for a different position in the Federal 

12 service; or 

13 ‘‘(2) the individual is transferred to a different 

14 geographic area with a higher cost of living (as de15 termined by the Director of the Federal Bureau of 

16 Investigation). 

17 ‘‘(b) SERVICE AGREEMENT.—Payment of a bonus 

18 under this section is contingent upon the employee enter19 ing into a written service agreement with the Bureau to 

20 complete a period of service with the Bureau. Such agree21 ment shall include—

22 ‘‘(1) the period of service the individual shall be 

23 required to complete in return for the bonus; and 

24 ‘‘(2) the conditions under which the agreement 

25 may be terminated before the agreed-upon service 
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1 period has been completed, and the effect of the ter2 mination. 

3 ‘‘(c) LIMITATION ON AUTHORITY.—A bonus paid 

4 under this section may not exceed 50 percent of the em5 ployee’s basic pay. 

6 ‘‘(d) IMPACT ON BASIC PAY.—A retention bonus is 

7 not part of the basic pay of an employee for any purpose. 

8 ‘‘(e) TERMINATION OF AUTHORITY.—The authority 

9 to grant bonuses under this section shall cease to be avail10 able after December 31, 2009.’’. 

11 (b) CLERICAL AMENDMENT.—The analysis for chap12 ter 57 of title 5, United States Code, is amended by add13 ing at the end the following:

‘‘5759. Retention and relocation bonuses for the Federal Bureau of Investigation.’’.

14 SEC. 3. FEDERAL BUREAU OF INVESTIGATION RESERVE 

15 SERVICE. 

16 (a) IN GENERAL.—Chapter 35 of title 5, United 

17 States Code, is amended by adding at the end the fol18 lowing: 
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1 ‘‘SUBCHAPTER VII—RETENTION OF RETIRED 

2 SPECIALIZED EMPLOYEES AT THE FED3 ERAL BUREAU OF INVESTIGATION 

4 ‘‘§ 3598. Federal Bureau of Investigation Reserve 

5 Service 

6 ‘‘(a) ESTABLISHMENT.—The Director of the Federal 

7 Bureau of Investigation may provide for the establishment 

8 and training of a Federal Bureau of Investigation Reserve 

9 Service (hereinafter in this section referred to as the ‘FBI 

10 Reserve Service’) for temporary reemployment of employ11 ees in the Bureau during periods of emergency, as deter12 mined by the Director. 

13 ‘‘(b) MEMBERSHIP.—Membership in the FBI Re14 serve Service shall be limited to individuals who previously 

15 served as full-time employees of the Bureau. 

16 ‘‘(c) ANNUITANTS.—If an annuitant receiving an an17 nuity from the Civil Service Retirement and Disability 

18 Fund becomes temporarily reemployed pursuant to this 

19 section, such annuity shall not be discontinued thereby. 

20 An annuitant so reemployed shall not be considered an 

21 employee for the purposes of chapter 83 or 84. 

22 ‘‘(d) NO IMPACT ON BUREAU PERSONNEL CEIL23 ING.—FBI Reserve Service members reemployed on a 

24 temporary basis pursuant to this section shall not count 

25 against any personnel ceiling applicable to the Bureau. 
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1 ‘‘(e) EXPENSES.—The Director may provide mem2 bers of the FBI Reserve Service transportation and per 

3 diem in lieu of subsistence, in accordance with applicable 

4 provisions of this title, for the purpose of participating in 

5 any training that relates to service as a member of the 

6 FBI Reserve Service. 

7 ‘‘(f) LIMITATION ON MEMBERSHIP.—Membership of 

8 the FBI Reserve Service is not to exceed 500 members 

9 at any given time.’’. 

10 (b) CLERICAL AMENDMENT.—The analysis for chap11 ter 35 of title 5, United States Code, is amended by add12 ing at the end the following:

‘‘SUBCHAPTER VII—RETENTION OF RETIRED SPECIALIZED EMPLOYEES AT

THE FEDERAL BUREAU OF INVESTIGATION

‘‘3598. Federal Bureau of Investigation reserve service.’’.

13 SEC. 4. CRITICAL POSITIONS IN THE FEDERAL BUREAU OF 

14 INVESTIGATION INTELLIGENCE DIREC15 TORATE. 

16 Section 5377(a)(2) of title 5, United States Code, is 

17 amended—

18 (1) by striking ‘‘and’’ at the end of subpara19 graph (E); 

20 (2) by striking the period at the end of sub21 paragraph (F) and inserting ‘‘; and’’; and 

22 (3) by inserting after subparagraph (F) the fol23 lowing: 
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1 ‘‘(G) a position at the Federal Bureau of 

2 Investigation, the primary duties and respon3 sibilities of which relate to intelligence functions 

4 (as determined by the Director of the Federal 

5 Bureau of Investigation).’’.

Æ