Reaction Of Sen. Patrick Leahy (D-Vt.),
Ranking Member, Senate Judiciary Committee,
To The DOJ Inspector General’s Report
On The Double-Standard Of Discipline Within The FBI
November 13, 2003

“The double standard this report spotlights is especially damaging because it fosters the continuing perception of preferential treatment within the Bureau.  This is hurting morale.  Though the conclusion comes as no surprise, this thorough and aggressive investigation is constructive. 

“Senator Grassley and I have shared a concern about internal problems at the FBI for several years.  We introduced the FBI Reform Act in the 107^th Congress and again this year in response to findings from our oversight hearings in 2001 and 2002.  This report endorses a legislative fix for the double standard, and so did Director Mueller in his testimony on July 23.  It’s time for the Judiciary Committee and the Senate to move forward to implement these reforms.”

# # # # #

[NOTE:  In the last Congress, the Senate Judiciary Committee unanimously approved the Leahy-Grassley FBI Reform Act of 2001.  An anonymous Republican hold prevented Senate consideration of the bill.  They reintroduced the bill this year.  The second element of their bill addresses the double-standard problem:

First, it strengthens whistleblower protection for FBI employees and protects them from retaliation for reporting wrongdoing.  The Inspector General reports were the result of an FBI employee’s courage to come forward and speak the truth.  He and others like him should be protected from retaliatory treatment.

Second, the bill addresses the issue of a double standard for discipline of senior executives by eliminating the disparity in authorized punishments between Senior Executive Service members and other Federal employees.  This is the provision that the FBI Director and the Office of the Inspector General both support.

Third, it establishes an FBI Counterintelligence Polygraph Program for screening personnel in exceptionally sensitive positions with specific safeguards.  The Attorney General has yet to respond to oversight questions regarding the importance of this provision.

Fourth, it establishes an FBI Career Security Program.  This program would bring the FBI into line with other U.S. intelligence agencies that have strong career security professional cadres whose skills and leadership are dedicated to the protection of agency information, personnel, and facilities.

Fifth, it requires a set of reports that would enable Congress to engage the Executive Branch in a constructive dialogue on building a more effective FBI for the future.]

# # # # #