[Congressional Bills 108th Congress]
[From the U.S. Government Publishing Office]
[S. 1440 Introduced in Senate (IS)]






108th CONGRESS
  1st Session
                                S. 1440

             To reform the Federal Bureau of Investigation.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                July 22 (legislative day, July 21), 2003

Mr. Grassley (for himself and Mr. Leahy) introduced the following bill; 
  which was read twice and referred to the Committee on the Judiciary

_______________________________________________________________________

                                 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 employees, or 
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.

SEC. 303. REGULATIONS.

    (a) In General.--The Attorney General shall prescribe regulations 
for the polygraph program in accordance 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 Polygraph Review; 
        and
            (2) include procedures for--
                    (A) identifying and addressing false positive 
                results of polygraph examinations;
                    (B) ensuring that adverse personnel actions are not 
                taken against an individual solely by reason of the 
                physiological reaction of the individual to a question 
                in a polygraph examination, unless--
                            (i) reasonable efforts are first made 
                        independently to determine through alternative 
                        means, the veracity of the response of the 
                        individual to the question; and
                            (ii) the Director of the Federal Bureau of 
                        Investigation determines personally that the 
                        personnel action is justified;
                    (C) ensuring quality assurance and quality control 
                in accordance with any guidance provided by the 
                Department of Defense Polygraph Institute and the 
                Director of Central Intelligence; 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 enhance the personnel security program of the 
Federal Bureau of Investigation.
    (b) Polygraph Review Results.--Any recommendation under subsection 
(a) regarding the use of polygraphs shall take into account the results 
of the Polygraph Review.

                           TITLE IV--REPORTS

SEC. 401. REPORT ON LEGAL AUTHORITY FOR FBI PROGRAMS 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 subsection (a) shall 
describe--
            (1) the titles within the United States Code and the 
        statutes for which the Federal Bureau of Investigation 
        exercises investigative responsibility;
            (2) each program or activity of the Federal Bureau of 
        Investigation that has express statutory authority and the 
        statute which provides that authority; and
            (3) each program or activity of the Federal Bureau of 
        Investigation that does not have express statutory authority, 
and the source of the legal authority 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 Investigation currently has investigative 
        responsibility;
            (2) the legal authority for any program or activity 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 respect to any 
                new programs or activities.

                  TITLE V--ENDING THE DOUBLE STANDARD

SEC. 501. ALLOWING DISCIPLINARY SUSPENSIONS OF MEMBERS 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 RESPONSIBILITY REPORTS TO 
              CONGRESSIONAL COMMITTEES.

    (a) In General.--For each of the 5 years following the date of 
enactment of this Act, the Office of the Inspector 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 Inspector 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 Director of the 
        Federal Bureau of Investigation or the designee of the Director 
        based on any such recommendation.
    (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 Investigation 
        employees and lower level Federal Bureau of Investigation 
        personnel are being disciplined and investigated similarly; and
            (2) whether any double standard is being employed to more 
        senior employees with respect to allegations of misconduct.

       TITLE VI--ENHANCING SECURITY AT THE DEPARTMENT OF JUSTICE

SEC. 601. REPORT ON THE PROTECTION OF SECURITY AND INFORMATION AT THE 
              DEPARTMENT OF JUSTICE.

    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 Emergency Planning Staff, the Office of 
Intelligence Policy and Review, and the Chief Information Officer of 
the Department of Justice plan to improve the protection of security 
and information at the Department of Justice, including a plan to 
establish secure electronic communications between the Federal Bureau 
of Investigation and the Office of Intelligence Policy and Review for 
processing information 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 Department 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 prepare for terrorist threats and other emergencies, and to 
review security compliance by components of the Department of Justice--
            (1) $13,000,000 for fiscal years 2004 and 2005;
            (2) $17,000,000 for fiscal year 2006; and
            (3) $22,000,000 for fiscal year 2007.

SEC. 603. AUTHORIZATION FOR INCREASED RESOURCES TO FULFILL NATIONAL 
              SECURITY MISSION OF THE DEPARTMENT OF JUSTICE.

    There are authorized to be appropriated to the Department of 
Justice for the activities of the Office of Intelligence Policy and 
Review to help meet the increased personnel demands to combat 
terrorism, process applications to the Foreign Intelligence 
Surveillance Court, participate effectively in counterespionage 
investigations, provide policy analysis and oversight on national 
security matters, and enhance secure computer and telecommunications 
facilities--
            (1) $7,000,000 for fiscal years 2004 and 2005;
            (2) $7,500,000 for fiscal year 2006; and
            (3) $8,000,000 for fiscal year 2007.
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