I

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.

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled,

3 SECTION 1. SHORT TITLE.

4 This Act may be cited as the ‘‘Federal Bureau of In5 vestigation First Amendment Protection Act of 1993’’.
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1 SEC. 2. INVESTIGATION AUTHORIZATION AND INVESTIGA2 TION STANDARDS.

3 (a) IN GENERAL.—Except as provided in section 7,

4 the Federal Bureau of Investigation (hereinafter in this

5 Act referred to as the ‘‘Bureau’’) shall not initiate or con6 duct any investigation that may involve the collection of

7 information about the exercise by a United States person

8 of first amendment rights (hereinafter in this Act referred

9 to as an ‘‘investigation covered by this Act’’), other than

10 in accordance with the limitations and requirements estab11 lished by and under this Act.

12 (b) GUIDELINES BY ATTORNEY GENERAL.—The At13 torney General shall issue publicly available guidelines for

14 investigations covered by this Act. Such guidelines shall

15 implement this Act.

16 SEC. 3. INVESTIGATION AUTHORIZATION PROCEDURES.

17 (a) REQUIREMENT OF FINDING BY DIRECTOR.—

18 (1) IN GENERAL.—Except as provided in sub19 section (c), the Bureau shall not initiate an inves20 tigation covered by this Act, unless the Director of

21 the Bureau, or the Director’s designee, finds in writ22 ing that—

23 (A) specific and articulable facts reason24 ably indicate that the subject of the investiga25 tion has engaged, is engaging, or is about to en26 gage in a Federal criminal offense; and
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1 (B) that the investigation is warranted,

2 taking into consideration the magnitude of the

3 suspected criminal offense, the likelihood it

4 would occur, and the danger to privacy and the

5 exercise of first amendment rights.

6 (2) CITATION OF LAW.—Such finding shall in7 clude a citation of the specific section of law estab8 lishing the criminal offense.

9 (b) SPECIAL RULE IF ORGANIZATION IS TARGET.—

10 If such investigation is directed at an organization engag11 ing in the exercise of rights under the first article of

12 amendment to the Federal Constitution, such finding

13 must also set forth specific and articulable facts reason14 ably indicating that all or most of the members of the or15 ganization have engaged, are engaging, or are about to

16 engage in a Federal criminal offense.

17 (c) EXCEPTION.—Employees of the Bureau, des18 ignated for this purpose by the Director of the Bureau,

19 may initiate an investigation without a finding under sub20 section (a) if exigent circumstances so require. However,

21 an investigation initiated under this subsection must cease

22 not later than 7 days after the date it is initiated, unless

23 a finding of the sort required under subsection (a) is

24 made.
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1 SEC. 4. INVESTIGATIVE STANDARDS.

2 (a) LEAST INTRUSIVE TECHNIQUES AND MINIMIZA3 TION PROCEDURES TO BE USED.—In the conduct of any

4 investigation covered by this Act, the Bureau shall—

5 (1) seek to gather only information relevant to

6 Federal criminal offenses;

7 (2) employ the least intrusive techniques avail8 able to gather information; and

9 (3) follow procedures to minimize the acquisi10 tion, retention, or dissemination of any information

11 relating to the exercise of first amendment rights or

12 individual privacy.

13 (b) DISPOSITION OF CERTAIN RECORDS.—Except as

14 provided in this subsection, the Bureau shall not dissemi15 nate or use any record, identifiable to a United States per16 son, resulting from any investigation prohibited by this

17 Act. The Bureau shall allow the person to which such

18 record relates to examine that record.

19 (c) PERIODIC REVIEW OF INVESTIGATIONS.—An As20 sistant Director of the Bureau shall at least once every

21 90 days, and the Department of Justice shall at least once

22 every 180 days, review each open investigation covered by

23 this Act. Such review shall assure that—

24 (1) there is a continuing basis for the investiga25 tion; and
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1 (2) the requirements of this section are being

2 met with respect to such investigation.

3 SEC. 5. CIVIL REMEDY.

4 Any person aggrieved by a violation of this Act may

5 in a civil action against the United States recover appro6 priate relief, including whichever is the greater of actual

7 damages or $10,000.

8 SEC. 6. DEFINITIONS.

9 For purposes of this Act—

10 (1) first amendment rights include any right

11 protected under the first article of amendment to the

12 Constitution of the United States;

13 (2) the Bureau includes each agent or other

14 person or entity acting under authority of the Bu15 reau; and

16 (3) the term ‘‘United States person’’ has the

17 meaning given that term in section 1801 of title 50,

18 United States Code.

19 SEC. 7. NONAPPLICABILITY TO BACKGROUND INVESTIGA20 TIONS.

21 This Act does not apply to background investigations

22 conducted with the consent of the subject regarding—

23 (1) nominees to judicial and executive branch

24 positions requiring the advice and consent of the

25 Senate;
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1 (2) employees of the Department of Justice, or

2 any component thereof; or

3 (3) the granting or retention of security

4 clearances.

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