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Code · BILL · 119th Congress · S. 3893 (Introduced in Senate) — To amend the Foreign Intelligence Surveillance Act of 1978 to reauthorize and reform certain authorities and to provi... · Sec. 103

Sec. 103. Accountability and reporting procedures for compliance violations relating to queries conducted by the Federal Bureau of Investigation

665 words·~3 min read·/bill/119/s/3893/is/section-103

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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 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 pending remedial action; 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 the Foreign Intelligence Surveillance Act of 1978 ( 50 U.S.C. 1801 et seq. ) is amended by inserting after the item relating to section 709 the following: Sec. 710. Accountability procedures for incidents relating to queries conducted by the Federal Bureau of Investigation. . Not later than 180 days after the date of enactment of this Act, the Director of the Federal Bureau of Investigation shall submit to the Committee on the Judiciary of the House of Representatives, the Committee on the Judiciary of the Senate, and 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 710 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 Committee on the Judiciary of the House of Representatives, the Committee on the Judiciary of the Senate, and 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 710 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. Paragraph
(5)of section 702(f) of the Foreign Intelligence Surveillance Act of 1978 ( 50 U.S.C. 1881a(f) ), as redesignated by section 101(c)(2) of this Act, is amended— by redesignating subparagraphs (A), (B), and
(C)as clauses (i), (ii), and (iii), respectively, and adjusting the margin accordingly; by striking The Director and inserting the following: The Director ; and by adding at the end the following: The Director of the Federal Bureau of Investigation shall submit to the congressional intelligence committees, the Committee on the Judiciary of the Senate, and the Committee on the Judiciary of the House of Representatives an annual report on the actions taken under the minimum accountability standards issued under subparagraph (A). . Section 702(n)(2) of the Foreign Intelligence Surveillance Act of 1978 ( 50 U.S.C. 1881a(n)(2) ) is amended by inserting the Committee on the Judiciary of the Senate, the Committee on the Judiciary of the House of Representatives, after the congressional intelligence committees, .
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Sec. 103
Accountability and reporting procedures for compliance violations relating to queries conducted by the Federal Bureau of Investigation
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