[Congressional Bills 103th Congress]
[From the U.S. Government Publishing Office]
[H.R. 50 Introduced in House (IH)]

103d CONGRESS
  1st Session
                                 H. R. 50

   To regulate the conduct of the Federal Bureau of Investigation in 
  certain matters relating to the exercise of rights protected by the 
        first article of amendment to the Federal Constitution.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                            January 5, 1993

 Mr. Edwards of California (for himself, Mr. Conyers, and Mr. Mineta) 
 introduced the following bill; which was referred to the Committee on 
                             the Judiciary

_______________________________________________________________________

                                 A BILL


 
   To regulate the conduct of the Federal Bureau of Investigation in 
  certain matters relating to the exercise of rights protected by the 
        first article of amendment to the Federal Constitution.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Federal Bureau of Investigation 
First Amendment Protection Act of 1993''.

SEC. 2. INVESTIGATION AUTHORIZATION AND INVESTIGATION STANDARDS.

    (a) In General.--Except as provided in section 7, the Federal 
Bureau of Investigation (hereinafter in this Act referred to as the 
``Bureau'') shall not initiate or conduct any investigation that may 
involve the collection of information about the exercise by a United 
States person of first amendment rights (hereinafter in this Act 
referred to as an ``investigation covered by this Act''), other than in 
accordance with the limitations and requirements established by and 
under this Act.
    (b) Guidelines by Attorney General.--The Attorney General shall 
issue publicly available guidelines for investigations covered by this 
Act. Such guidelines shall implement this Act.

SEC. 3. INVESTIGATION AUTHORIZATION PROCEDURES.

    (a) Requirement of Finding by Director.--
            (1) In general.--Except as provided in subsection (c), the 
        Bureau shall not initiate an investigation covered by this Act, 
        unless the Director of the Bureau, or the Director's designee, 
        finds in writing that--
                    (A) specific and articulable facts reasonably 
                indicate that the subject of the investigation has 
                engaged, is engaging, or is about to engage in a 
                Federal criminal offense; and
                    (B) that the investigation is warranted, taking 
                into consideration the magnitude of the suspected 
                criminal offense, the likelihood it would occur, and 
                the danger to privacy and the exercise of first 
                amendment rights.
            (2) Citation of Law.--Such finding shall include a citation 
        of the specific section of law establishing the criminal 
        offense.
    (b) Special Rule if Organization is Target.--If such investigation 
is directed at an organization engaging in the exercise of rights under 
the first article of amendment to the Federal Constitution, such 
finding must also set forth specific and articulable facts reasonably 
indicating that all or most of the members of the organization have 
engaged, are engaging, or are about to engage in a Federal criminal 
offense.
    (c) Exception.--Employees of the Bureau, designated for this 
purpose by the Director of the Bureau, may initiate an investigation 
without a finding under subsection (a) if exigent circumstances so 
require. However, an investigation initiated under this subsection must 
cease not later than 7 days after the date it is initiated, unless a 
finding of the sort required under subsection (a) is made.

SEC. 4. INVESTIGATIVE STANDARDS.

    (a) Least Intrusive Techniques and Minimization Procedures to be 
Used.--In the conduct of any investigation covered by this Act, the 
Bureau shall--
            (1) seek to gather only information relevant to Federal 
        criminal offenses;
            (2) employ the least intrusive techniques available to 
        gather information; and
            (3) follow procedures to minimize the acquisition, 
        retention, or dissemination of any information relating to the 
        exercise of first amendment rights or individual privacy.
    (b) Disposition of Certain Records.--Except as provided in this 
subsection, the Bureau shall not disseminate or use any record, 
identifiable to a United States person, resulting from any 
investigation prohibited by this Act. The Bureau shall allow the person 
to which such record relates to examine that record.
    (c) Periodic Review of Investigations.--An Assistant Director of 
the Bureau shall at least once every 90 days, and the Department of 
Justice shall at least once every 180 days, review each open 
investigation covered by this Act. Such review shall assure that--
            (1) there is a continuing basis for the investigation; and
            (2) the requirements of this section are being met with 
        respect to such investigation.

SEC. 5. CIVIL REMEDY.

    Any person aggrieved by a violation of this Act may in a civil 
action against the United States recover appropriate relief, including 
whichever is the greater of actual damages or $10,000.

SEC. 6. DEFINITIONS.

    For purposes of this Act--
            (1) first amendment rights include any right protected 
        under the first article of amendment to the Constitution of the 
        United States;
            (2) the Bureau includes each agent or other person or 
        entity acting under authority of the Bureau; and
            (3) the term ``United States person'' has the meaning given 
        that term in section 1801 of title 50, United States Code.

SEC. 7. NONAPPLICABILITY TO BACKGROUND INVESTIGATIONS.

    This Act does not apply to background investigations conducted with 
the consent of the subject regarding--
            (1) nominees to judicial and executive branch positions 
        requiring the advice and consent of the Senate;
            (2) employees of the Department of Justice, or any 
        component thereof; or
            (3) the granting or retention of security clearances.

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