Sec. 415. Requirements relating to confidential human source program of Federal Bureau of Investigation
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No agent of the Federal Bureau of Investigation may open an individual as a confidential human source before the Special Agent in Charge of the relevant Federal Bureau of Investigation field office has verified the individual’s identity. No Special Agent of the Federal Bureau of Investigation whose principal place of duty is at the Federal Bureau of Investigation Headquarters may open an individual as a confidential human source. With respect to a potential or actual confidential human source who is identified as a potential counterintelligence concern or is the subject of an investigation for any criminal or counterintelligence purposes, a Federal Bureau of Investigation Headquarters agent shall conduct a validation assessment and report for such source in addition to such source validation requirements as are in effect pursuant to policies and procedures governing the confidential human source program of the Federal Bureau of Investigation.
If the handling agent with respect to a confidential human source has reasonable grounds to believe that a confidential human source has engaged in any unauthorized illegal activity, including any misdemeanor or felony criminal activity— the agent shall promptly notify a confidential human source coordinator or the assigned Federal prosecutor; a record of such event shall be recorded in the source’s case file; and the confidential human source will be subject to immediate source validation procedures.
The Director of the Federal Bureau of Investigation may not intervene in any way to impact the outcome of any proceeding relating to a civil action or administrative hearing to which a confidential human source managed by the Federal Bureau of Investigation is a party. No agent of the Federal Bureau of Investigation may open an individual as a confidential human source if such individual is a current Member of Congress (including a Delegate or Resident Commissioner to the Congress) or a candidate in an election for Federal office.
The requirements of this subsection shall take effect not later than 180 days after the date of the enactment of this Act with respect to any confidential human source under the confidential human source program of the Federal Bureau of Investigation. Each Special Agent in Charge of a Federal Bureau of Investigation field office shall conduct an annual review of each confidential human source who is being managed out of such field office. At the conclusion of each annual review conducted under paragraph (1), the Director of the Federal Bureau of Investigation shall, on an annual basis, submit to the appropriate congressional committees a report with respect to— the number of active confidential human sources managed by the Federal Bureau of Investigation; the number of investigations opened as the result of annual reviews of confidential human sources; the number of confidential human sources whose relationship with the Federal Bureau of Investigation has been terminated in the last year as a result of an investigation opened as a result of an annual review; and the amount of funds expended on confidential human sources in the last fiscal year, including a delineation of funds expended from both National Intelligence Program and non-National Intelligence Program funds.
Beginning not later than 180 days after the date of the enactment of this Act, the Director of the Federal Bureau of Investigation shall develop and implement an oversight mechanism within the Bureau for activities with respect to any confidential human source under the confidential human source program of the Federal Bureau of Investigation the management of which is funded through the National Intelligence Program. In this section: The term appropriate congressional committees means— the congressional intelligence committees; and the Committees on the Judiciary of the House of Representatives and of the Senate.
The term congressional leadership means— the Speaker of the House of Representatives; the minority leader of the House of Representatives; the majority leader of the Senate; the minority leader of the Senate; the Chair and Ranking Member of the Permanent Select Committee on Intelligence of the House of Representatives; and the Chair and Vice Chair of the Select Committee on Intelligence of the Senate. The term National Intelligence Program has the meaning given such term in section 3 of the National Security Act of 1947 ( 50 U.S.C. 3003 ).
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Sec. 415
Requirements relating to confidential human source program of Federal Bureau of Investigation
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