Accountability procedures for violations by Federal employees

(a) In general Title X of the Foreign Intelligence Surveillance Act of 1978 (50 U.S.C. 1881 et seq.), as added by section 310, is amended by adding at the end the following: 1002. Accountability procedures for violations by Federal employees (a) Definitions In this section: (1) Appropriate committees of Congress The term appropriate committees of Congress has the meaning given such term in section 101. (2) Covered agency The term covered agency means the Federal Bureau of Investigation, the Central Intelligence Agency, the National Security Agency, and the National Counterterrorism Center. (3) Covered person The term covered person has the meaning given such term in section 701(b). (4) Covered violation The term covered violation means a violation of this Act, the Government Surveillance Reform Act of 2026, or Executive Order 12333 (50 U.S.C. 3001 note; relating to United States intelligence activities), or successor order, by an employee of a covered agency that results in the inappropriate collection, use, querying, or dissemination of any communication, record, or information of a covered person. (5) Person, United States, and United States person The terms person, United States, and United States person have the meanings given such terms in section 101. (b) Accountability procedures; designated investigative entity The head of each covered agency shall— (1) establish procedures to hold employees of the covered agency accountable for willful, knowing, reckless, and negligent covered violations; and (2) (A) designate an entity within the agency to investigate possible willful, knowing, reckless, and negligent covered violations; and (B) establish an internal process for the designated entity to determine culpability for willful, knowing, reckless, and negligent covered violations. (c) Elements The procedures established under subsection (b)(1) shall include the following: (1) Centralized tracking of individual employee performance incidents involving willful, knowing, reckless, and negligent covered violations, over time. (2) Escalating consequences for willful, knowing, reckless, and negligent covered violations, including— (A) consequences for an initial reckless or negligent covered violation, including, at a minimum— (i) suspension of access to information acquired under this Act or to the dataset that gave rise to the violation for not less than 90 days; and (ii) documentation of the incident in the personnel file of each employee responsible for the violation; (B) consequences for a second reckless or negligent covered violation, including, at a minimum— (i) suspension of access to information acquired under this Act or to the dataset that gave rise to the violation for not less than 180 days; and (ii) reassignment of each employee responsible for the violation; (C) consequences for a third reckless or negligent covered violation, including, at a minimum— (i) termination of security clearance; and (ii) reassignment or termination of each employee responsible for the violation; (D) consequences for an initial willful or knowing covered violation, including, at a minimum— (i) suspension of access to information acquired under this Act or to the dataset that gave rise to the violation for not less than 180 days; and (ii) reassignment of each employee responsible for the violation; and (E) consequences for a second willful or knowing covered violation, including, at a minimum— (i) termination of security clearance; and (ii) reassignment or termination of each employee responsible for the violation. (d) Presumption of termination (1) In general For purposes of subparagraphs (C)(ii) and (E)(ii) of subsection (c)(2), there shall be a presumption in favor of termination of an employee. (2) Justification If the head of a covered agency determines not to terminate an employee for a third reckless or negligent violation under subparagraph (C)(ii) of subsection (c)(2) or a second willful or knowing violation under subparagraph (E)(ii) of that subsection, the agency head shall submit to the appropriate committees of Congress a written justification for the determination. (e) Timing If a covered agency determines, through an investigation, that an employee committed a willful, knowing, reckless, or negligent covered violation, the agency head shall determine what consequences to impose on the employee under subsection (c)(2) not later than 60 days after the conclusion of the investigation.. (b) Clerical amendment The table of contents for such Act is amended by inserting after the item relating to section 1001, as added by section 310, the following: Sec. 1002. Accountability procedures for violations by Federal employees.. (c) Report required (1) In general Not later than 180 days after the date of the enactment of this Act, the head of each covered agency, as defined in section 1002 of the Foreign Intelligence Surveillance Act of 1978 (as added by subsection (a)), shall submit to the appropriate committees of Congress a report detailing— (A) the procedures established under section 1002 of the Foreign Intelligence Surveillance Act of 1978, as added by subsection (a); and (B) a description of any actions taken pursuant to such procedures. (2) Form The report required by paragraph (1) shall be submitted in unclassified form, but may include a classified annex to the extent necessary to protect sources and methods. (d) Deconfliction with RISAA accountability procedures (1) In general Paragraph (4) of section 702(f) of such Act (50 U.S.C. 1881a(f)) is repealed. (2) Conforming amendment Paragraph (6) of such section 702(f), as added by section 101 and redesignated by section 110, is redesignated as paragraph (4) and moved before paragraph (5) of such section 702(f). (3) Effect date The amendments made by paragraphs (1) and (2) shall take effect on the date that is 180 days after the date of the enactment of this Act.