Sec. 16. Accountability procedures for incidents relating to queries conducted by the Federal Bureau of Investigation
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Title VII of the Foreign Intelligence Surveillance Act of 1978 ( 50 U.S.C. 1881 et seq. ) is amended by adding at the end the following: The Director of the Federal Bureau of Investigation shall establish procedures to hold employees of the Federal Bureau of Investigation accountable for violations of law, guidance, and procedure governing queries of information acquired pursuant to section 702. The procedures established under subsection
(a)shall include the following: Centralized tracking of individual employee performance incidents involving negligent violations of law, guidance, and procedure described in subsection (a), over time. Escalating consequences for such incidents, including— consequences for initial incidents, including, at a minimum— suspension of access to information acquired under this Act; and documentation of the incident in the personnel file of each employee responsible for the violation; and consequences for subsequent incidents, including, at a minimum— possible indefinite suspension of access to information acquired under this Act; reassignment of each employee responsible for the violation; and referral of the incident to the Inspection Division of the Federal Bureau of Investigation for review of potentially reckless conduct. Clarification of requirements for referring intentional misconduct and reckless conduct to the Inspection Division of the Federal Bureau of Investigation for investigation and disciplinary action by the Office of Professional Responsibility of the Federal Bureau of Investigation. . The table of contents for such Act is amended by inserting after the item relating to section 708 the following: 709. Accountability procedures for incidents relating to queries conducted by the Federal Bureau of Investigation. . Not later than 180 days after the date of the enactment of this Act, the Director of the Federal Bureau of Investigation shall submit to the Committees on the Judiciary of the House of Representatives and of the Senate and to the congressional intelligence committees (as such term is defined in section 801 of the Foreign Intelligence Surveillance Act of 1978 ( 50 U.S.C. 1885 )) a report detailing the procedures established under section 709 of the Foreign Intelligence Surveillance Act of 1978, as added by subsection (a). Not later than 1 year after the date of enactment of this Act, and annually thereafter, the Federal Bureau of Investigation shall submit to the Committees on the Judiciary of the House of Representatives and of the Senate and to the congressional intelligence committees (as such term is defined in section 801 of the Foreign Intelligence Surveillance Act of 1978 ( 50 U.S.C. 1885 )) a report on any disciplinary actions taken pursuant to the procedures established under section 709 of the Foreign Intelligence Surveillance Act of 1978, as added by subsection (a), including a description of the circumstances surrounding each such disciplinary action, and the results of each such disciplinary action. The reports required under paragraphs
(1)and
(2)shall be submitted in unclassified form, but may include a classified annex to the extent necessary to protect sources and methods.
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Sec. 16
Accountability procedures for incidents relating to queries conducted by the Federal Bureau of Investigation
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