the security workforce in the Federal Bureau of Investiga-
tion. 
(b) POLICY IMPLEMENTATION.—The Director shall 
ensure that the policies of the Attorney General estab-
lished 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 Direc-
tor 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 hir-
ing, training, education, and career development of per-
sonnel 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 Di-
rector, with responsibility for personnel manage-
ment; 
(3) the senior officials, as designated by the Di-
rector, with responsibility for information manage-
ment; 
(4) the senior officials, as designated by the Di-
rector, with responsibility for training and career de-
velopment in the various security disciplines; and 
(5) such other senior officials for the intel-
ligence 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 Secu-
rity may establish a subordinate board structure to which 
functions of the security career program board may be del-
egated. 
SEC. 205. DESIGNATION OF SECURITY POSITIONS. 
(a) DESIGNATION.—The Director shall designate, by 
regulation, those positions in the Federal Bureau of Inves-
tigation 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 informa-
tion assurance; 
(3) physical security and technical surveillance 
countermeasures; 
(4) operational, program, and industrial secu-
rity; and 
(5) information security and classification man-
agement. 
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 pref-
erence 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 estab-
lish a policy that permits a particular security posi-
tion 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 du-
ties 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 edu-
cation, 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 de-
signed 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 se-
curity positions that provides for a balance between—
(1) the need for personnel to serve in career en-
hancing 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 re-
sponsibility 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 assign-
ments to security positions than assignments to other po-
sitions. 
(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 secu-
rity position in the same security career field. 
(h) BALANCED WORKFORCE POLICY.—In the devel-
opment of security workforce policies under this Act with 
respect to any employees or applicants for employment, 
the Attorney General shall, consistent with the merit sys-
tem principles set out in paragraphs (1) and (2) of section 
2301(b) of title 5, United States Code, take into consider-
ation 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 EXPERI-
ENCE REQUIREMENTS. 
(a) IN GENERAL.—The Director shall establish edu-
cation, training, and experience requirements for each se-
curity 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 per-
son—
(1) must have completed a security program 
management course that is accredited by the Intel-
ligence Community-Department of Defense Joint Se-
curity 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 per-
formed 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 estab-
lished and implemented, to the maximum extent prac-
ticable, uniformly with the programs of the Intelligence 
Community and the Department of Defense. 
SEC. 209. OFFICE OF PERSONNEL MANAGEMENT AP-
PROVAL. 
(a) IN GENERAL.—The Attorney General shall sub-
mit 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 dis-
approve the requirements established under section 207 
within 30 days after the date on which the Director re-
ceives the requirement, the requirement is deemed to be 
approved by the Director of the Office of Personnel Man-
agement. 
TITLE III—FBI COUNTERINTEL-
LIGENCE POLYGRAPH PRO-
GRAM 
SEC. 301. DEFINITIONS. 
In this title: 
(1) POLYGRAPH
PROGRAM.—The term ‘‘poly-
graph program’’ means the counterintelligence 
screening polygraph program established under sec-
tion 302. 
(2) POLYGRAPH
REVIEW.—The term ‘‘Poly-
graph Review’’ means the review of the scientific va-
lidity of the polygraph for counterintelligence screen-
ing purposes conducted by the Committee to Review 
the Scientific Evidence on the Polygraph of the Na-
tional 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 Investiga-
tion, shall establish a counterintelligence screening poly-
graph 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 
(2) paid or unpaid informants with whom the 
Bureau has had an ongoing relationship for more 
than one year. 
SEC. 303. REGULATIONS. 
(a) IN GENERAL.—The Attorney General shall pre-
scribe regulations for the polygraph program in accord-
ance with subchapter II of chapter 5 of title 5, United 
States Code (commonly referred to as the Administrative 
Procedures Act). 
(b) CONSIDERATIONS.—In prescribing regulations 
under subsection (a), the Attorney General shall—
(1) take into account the results of the Poly-
graph Review; and 
(2) include procedures for—
(A) identifying and addressing false posi-
tive results of polygraph examinations;
(B) ensuring that adverse personnel ac-
tions are not taken against an individual solely 
by reason of the physiological reaction of the in-
dividual to a question in a polygraph examina-
tion, unless—
(i) reasonable efforts are first made 
independently to determine through alter-
native means, the veracity of the response 
of the individual to the question; and 
(ii) the Director of the Federal Bu-
reau of Investigation determines personally 
that the personnel action is justified; 
(C) ensuring quality assurance and quality 
control in accordance with any guidance pro-
vided by the Department of Defense Polygraph 
Institute and the Director of Central Intel-
ligence; and 
(D) allowing any employee or contractor 
who is the subject of a counterintelligence 
screening polygraph examination under the 
polygraph program, upon written request, to 
have prompt access to any unclassified reports 
regarding an examination that relates to any 
adverse personnel action taken with respect to 
the individual.
SEC. 304. REPORT ON FURTHER ENHANCEMENT OF FBI 
PERSONNEL SECURITY PROGRAM. 
(a) IN GENERAL.—Not later than 9 months after the 
date of enactment of this Act, the Director of the Federal 
Bureau of Investigation shall submit to Congress a report 
setting forth recommendations for any legislative action 
that the Director considers appropriate in order to en-
hance the personnel security program of the Federal Bu-
reau of Investigation. 
(b) POLYGRAPH
REVIEW
RESULTS.—Any rec-
ommendation under subsection (a) regarding the use of 
polygraphs shall take into account the results of the Poly-
graph Review. 
TITLE IV—REPORTS 
SEC. 401. REPORT ON LEGAL AUTHORITY FOR FBI PRO-
GRAMS AND ACTIVITIES. 
(a) IN GENERAL.—Not later than 9 months after the 
date of enactment of this Act, the Attorney General shall 
submit to Congress a report describing the statutory and 
other legal authority for all programs and activities of the 
Federal Bureau of Investigation. 
(b) CONTENTS.—The report submitted under sub-
section (a) shall describe—
(1) the titles within the United States Code and 
the statutes for which the Federal Bureau of Inves-
tigation exercises investigative responsibility;
(2) each program or activity of the Federal Bu-
reau of Investigation that has express statutory au-
thority and the statute which provides that author-
ity; and 
(3) each program or activity of the Federal Bu-
reau of Investigation that does not have express 
statutory authority, and the source of the legal au-
thority for that program or activity. 
(c) RECOMMENDATIONS.—The report submitted 
under subsection (a) shall recommend whether—
(1) the Federal Bureau of Investigation should 
continue to have investigative responsibility for each 
statute for which the Federal Bureau of Investiga-
tion currently has investigative responsibility; 
(2) the legal authority for any program or ac-
tivity of the Federal Bureau of Investigation should 
be modified or repealed; 
(3) the Federal Bureau of Investigation should 
have express statutory authority for any program or 
activity of the Federal Bureau of Investigation for 
which the Federal Bureau of Investigation does not 
currently have express statutory authority; and 
(4) the Federal Bureau of Investigation 
should—
(A) have authority for any new program or 
activity; and 
(B) express statutory authority with re-
spect to any new programs or activities. 
TITLE V—ENDING THE DOUBLE 
STANDARD 
SEC. 501. ALLOWING DISCIPLINARY SUSPENSIONS OF MEM-
BERS OF THE SENIOR EXECUTIVE SERVICE 
FOR 14 DAYS OR LESS. 
Section 7542 of title 5, United States Code, is 
amended by striking ‘‘for more than 14 days’’. 
SEC. 502. SUBMITTING OFFICE OF PROFESSIONAL RESPON-
SIBILITY REPORTS TO CONGRESSIONAL COM-
MITTEES. 
(a) IN GENERAL.—For each of the 5 years following 
the date of enactment of this Act, the Office of the Inspec-
tor General shall submit to the chairperson and ranking 
member of the Committees on the Judiciary of the Senate 
and the House of Representatives an annual report to be 
completed by the Federal Bureau of Investigation, Office 
of Professional Responsibility and provided to the Inspec-
tor General, which sets forth—
(1) basic information on each investigation 
completed by that Office;
(2) the findings and recommendations of that 
Office for disciplinary action; and 
(3) what, if any, action was taken by the Direc-
tor of the Federal Bureau of Investigation or the 
designee of the Director based on any such rec-
ommendation. 
(b) CONTENTS.—In addition to all matters already 
included in the annual report described in subsection (a), 
the report shall also include an analysis of—
(1) whether senior Federal Bureau of Investiga-
tion employees and lower level Federal Bureau of In-
vestigation personnel are being disciplined and inves-
tigated similarly; and 
(2) whether any double standard is being em-
ployed to more senior employees with respect to alle-
gations of misconduct. 
TITLE 
VI—ENHANCING 
SECU-
RITY AT THE DEPARTMENT 
OF JUSTICE 
SEC. 601. REPORT ON THE PROTECTION OF SECURITY AND 
INFORMATION AT THE DEPARTMENT OF JUS-
TICE. 
Not later than 9 months after the date of enactment 
of this Act, the Attorney General shall submit to Congress 
a report on the manner in which the Security and Emer-
gency Planning Staff, the Office of Intelligence Policy and 
Review, and the Chief Information Officer of the Depart-
ment of Justice plan to improve the protection of security 
and information at the Department of Justice, including 
a plan to establish secure electronic communications be-
tween the Federal Bureau of Investigation and the Office 
of Intelligence Policy and Review for processing informa-
tion related to the Foreign Intelligence Surveillance Act 
of 1978 (50 U.S.C. 1801 et seq.). 
SEC. 602. AUTHORIZATION FOR INCREASED RESOURCES TO 
PROTECT SECURITY AND INFORMATION. 
There are authorized to be appropriated to the De-
partment of Justice for the activities of the Security and 
Emergency Planning Staff to meet the increased demands 
to provide personnel, physical, information, technical, and 
litigation security for the Department of Justice, to pre-
pare for terrorist threats and other emergencies, and to 
review security compliance by components of the Depart-
ment of Justice—
(1) $13,000,000 for fiscal years 2003 and 
2004; 
(2) $17,000,000 for fiscal year 2005; and 
(3) $22,000,000 for fiscal year 2006.
SEC. 603. AUTHORIZATION FOR INCREASED RESOURCES TO 
FULFILL NATIONAL SECURITY MISSION OF 
THE DEPARTMENT OF JUSTICE. 
There are authorized to be appropriated to the De-
partment of Justice for the activities of the Office of Intel-
ligence Policy and Review to help meet the increased per-
sonnel demands to combat terrorism, process applications 
to the Foreign Intelligence Surveillance Court, participate 
effectively in counterespionage investigations, provide pol-
icy analysis and oversight on national security matters, 
and enhance secure computer and telecommunications fa-
cilities—
(1) $7,000,000 for fiscal years 2003 and 2004; 
(2) $7,500,000 for fiscal year 2005; and 
(3) $8,000,000 for fiscal year 2006.
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