article: 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.
summary: Federal Bureau of Investigation First Amendment Protection Act of 1993 - Prohibits the Federal Bureau of Investigation from conducting any investigation that may involve the collection of information about the exercise by a U.S. person of first amendment rights, except in conformance with specified procedures and standards.