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 Inves-
tigation.
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
SECTION 1. MANDATORY SEPARATION AGE. 
(a) CIVIL SERVICE RETIREMENT SYSTEM.—Section 
8335(b) of title 5, United States Code, is amended—
(1) by striking ‘‘(b)’’ and inserting ‘‘(b)(1)’’; 
and 
(2) by adding at the end the following: 
‘‘(2) In the case of employees of the Federal Bureau 
of Investigation, the second sentence of paragraph (1)
shall be applied by substituting ‘65 years of age’ for ‘60 
years of age’. The authority to grant exemptions in ac-
cordance with the preceding sentence shall cease to be 
available after December 31, 2009.’’. 
(b) FEDERAL EMPLOYEES’ RETIREMENT SYSTEM.—
Section 8425(b) of title 5, United States Code, is amend-
ed—
(1) by striking ‘‘(b)’’ and inserting ‘‘(b)(1)’’; 
and 
(2) by adding at the end the following: 
‘‘(2) In the case of employees of the Federal Bureau 
of Investigation, the second sentence of paragraph (1) 
shall be applied by substituting ‘65 years of age’ for ‘60 
years of age’. The authority to grant exemptions in ac-
cordance with the preceding sentence shall cease to be 
available after December 31, 2009.’’. 
SEC. 2. RETENTION AND RELOCATION BONUSES. 
(a) IN GENERAL.—Subchapter IV of chapter 57 of 
title 5, United States Code is amended by adding at the 
end the following: 
‘‘§ 5759. Retention and relocation bonuses for the 
Federal Bureau of Investigation 
‘‘(a) AUTHORITY.—The Director of the Federal Bu-
reau of Investigation, after consultation with the Director 
of the Office of Personnel Management, may pay, on a
case-by-case basis, a bonus under this section to an em-
ployee of the Bureau if—
‘‘(1)(A) the unusually high or unique qualifica-
tions of the employee or a special need of the Bu-
reau for the employee’s services makes it essential to 
retain the employee; and 
‘‘(B) the Director of the Federal Bureau of In-
vestigation determines that, in the absence of such 
a bonus, the employee would be likely to leave—
‘‘(i) the Federal service; or 
‘‘(ii) for a different position in the Federal 
service; or 
‘‘(2) the individual is transferred to a different 
geographic area with a higher cost of living (as de-
termined by the Director of the Federal Bureau of 
Investigation). 
‘‘(b) SERVICE AGREEMENT.—Payment of a bonus 
under this section is contingent upon the employee enter-
ing into a written service agreement with the Bureau to 
complete a period of service with the Bureau. Such agree-
ment shall include—
‘‘(1) the period of service the individual shall be 
required to complete in return for the bonus; and 
‘‘(2) the conditions under which the agreement 
may be terminated before the agreed-upon service
period has been completed, and the effect of the ter-
mination. 
‘‘(c) LIMITATION
ON AUTHORITY.—A bonus paid 
under this section may not exceed 50 percent of the em-
ployee’s basic pay. 
‘‘(d) IMPACT ON BASIC PAY.—A retention bonus is 
not part of the basic pay of an employee for any purpose. 
‘‘(e) TERMINATION OF AUTHORITY.—The authority 
to grant bonuses under this section shall cease to be avail-
able after December 31, 2009.’’. 
(b) CLERICAL AMENDMENT.—The analysis for chap-
ter 57 of title 5, United States Code, is amended by add-
ing at the end the following:
‘‘5759. Retention and relocation bonuses for the Federal Bureau of Investiga-
tion.’’.
SEC. 3. FEDERAL BUREAU OF INVESTIGATION RESERVE 
SERVICE. 
(a) IN GENERAL.—Chapter 35 of title 5, United 
States Code, is amended by adding at the end the fol-
lowing:
‘‘SUBCHAPTER VII—RETENTION OF RETIRED 
SPECIALIZED EMPLOYEES AT THE FED-
ERAL BUREAU OF INVESTIGATION 
‘‘§ 3598. Federal Bureau of Investigation Reserve 
Service 
‘‘(a) ESTABLISHMENT.—The Director of the Federal 
Bureau of Investigation may provide for the establishment 
and training of a Federal Bureau of Investigation Reserve 
Service (hereinafter in this section referred to as the ‘FBI 
Reserve Service’) for temporary reemployment of employ-
ees in the Bureau during periods of emergency, as deter-
mined by the Director. 
‘‘(b) MEMBERSHIP.—Membership in the FBI Re-
serve Service shall be limited to individuals who previously 
served as full-time employees of the Bureau. 
‘‘(c) ANNUITANTS.—If an annuitant receiving an an-
nuity from the Civil Service Retirement and Disability 
Fund becomes temporarily reemployed pursuant to this 
section, such annuity shall not be discontinued thereby. 
An annuitant so reemployed shall not be considered an 
employee for the purposes of chapter 83 or 84. 
‘‘(d) NO IMPACT
ON BUREAU PERSONNEL CEIL-
ING.—FBI Reserve Service members reemployed on a 
temporary basis pursuant to this section shall not count 
against any personnel ceiling applicable to the Bureau.
‘‘(e) EXPENSES.—The Director may provide mem-
bers of the FBI Reserve Service transportation and per 
diem in lieu of subsistence, in accordance with applicable 
provisions of this title, for the purpose of participating in 
any training that relates to service as a member of the 
FBI Reserve Service. 
‘‘(f) LIMITATION ON MEMBERSHIP.—Membership of 
the FBI Reserve Service is not to exceed 500 members 
at any given time.’’. 
(b) CLERICAL AMENDMENT.—The analysis for chap-
ter 35 of title 5, United States Code, is amended by add-
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.’’.
SEC. 4. CRITICAL POSITIONS IN THE FEDERAL BUREAU OF 
INVESTIGATION 
INTELLIGENCE 
DIREC-
TORATE. 
Section 5377(a)(2) of title 5, United States Code, is 
amended—
(1) by striking ‘‘and’’ at the end of subpara-
graph (E); 
(2) by striking the period at the end of sub-
paragraph (F) and inserting ‘‘; and’’; and 
(3) by inserting after subparagraph (F) the fol-
lowing:
‘‘(G) a position at the Federal Bureau of 
Investigation, the primary duties and respon-
sibilities of which relate to intelligence functions 
(as determined by the Director of the Federal 
Bureau of Investigation).’’.
Æ