text: 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.
target: 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.
feat_title: Federal Bureau of Investigation First Amendment Protection Act of 1993