Federal Bureau of Investigation Charter Act

Federal Bureau of Investigation Charter Act - Establishes a comprehensive Federal Bureau of Investigation Charter which sets forth the duties and responsibilities of the FBI with respect to criminal and civil investigations, undercover operations, and law enforcement support functions, but excluding foreign intelligence activities (which were specified in Executive Order 12036). Enumerates as general principles of the FBI that it: (1) conduct investigations consistent with the constitutional and legal rights of U.S. citizens; (2) conduct such investigations and collect such intelligence as is necessary for the security of the United States; (3) not conduct an investigation solely on the basis of the lawful exercise of constitutional or statutory rights, including the expression of a religious or political view or the right to peacefully assemble and petition the Government; and (4) conduct investigations with only such intrusion as is necessary for authorized purposes. Limits the appointment of the Director of the FBI to one ten-year term. Permits the President to remove the Director only for gross neglect of duty or malfeasance in office. Specifies the general powers and duties of the Director, Associate Director, an Assistant to the Director, Assistant Director, Inspector, and Agent of the FBI. Authorizes the FBI to conduct investigations of individuals who: (1) have or are likely to engage in criminal activity; (2) intend to use violence or other unlawful means to overthrow the Federal government or bring about a change in the policy of the Federal, State, or local government; or (3) deny other individuals their constitutional or legal rights. Authorizes the FBI to conduct investigations of two or more persons who are engaged in "racketeering activity" (defined as activity involving a violation of 18 U.S.C. 1961-1968) as a continuing enterprise. Authorizes the FBI to conduct investigations and gather such information and intelligence as may be necessary to prevent terrorist activity. Directs the Attorney General, as soon as feasible after enactment, to promulgate guidelines for such investigative authority that embody specific principles. Establishes guidelines on certain investigative techniques, including the use of informants and undercover agents, physical, mail, and electronic surveillance, and access to third party records. Authorizes informants to participate in acts which violate Federal law (other than those resulting in death or serious bodily injury) when under Department supervision to: (1) obtain information necessary for lawful purposes; (2) establish credibility; or (3) prevent death or serious injury. Requires prior authorization for participation in criminal activities if circumstances permit. Requires an informant otherwise to report on his involvement after the event to the supervising officer. Authorizes the use of surveillance as permitted by this Act and in accordance with applicable law. Authorizes access to third party records, including telephone bills, medical records, and hotel and motel registration forms, in accordance with applicable law. Allows the FBI to use other investigative techniques as necessary to carry out the intent of this Act consistent with applicable law. Permits the FBI to retain and disseminate to other government agencies information as needed to investigate criminal activity or for national security and defense. Allows the FBI to destroy records or deposit them in the Archives of the United States for historic preservation when the Director determines that they no longer serve a useful purpose. Specifies circumstances under which criminal investigative information may be disclosed to private parties. Authorizes the FBI to conduct undercover operations when necessary to investigate criminal, terrorist, or racketeering activity. Allows the Bureau to procure property and services for such purposes without regard to usual procurement regulations. Directs the FBI to conduct investigations at the request of the Attorney General and to collect information as necessary regarding civil disorders that have a potential for violence that may require the presence of Federal troops or U.S. Marshals to enforce Federal law or ensure the safety of peaceful participants. Authorizes the FBI to conduct background investigations of any individual who: (1) is or may be a Federal employee; (2) has been designated an appointee to an official position within the executive, congressional, or judicial branch of the Government; (3) applied for a Presidential reprieve or pardon; (4) is designated by any Government official as requiring access to classified information; (5) is a contractor or employee thereof for a Federal agency; (6) has applied for a substantial Federal grant or loan; or (7) has access to a person or premises within the protective responsibility of the U.S. Secret Service. Enumerates other special service functions of the FBI, including those relating to congressional committees, grand jury investigations, other protective services, and investigative assistance to other Federal, State, or local law enforcement agencies. Authorizes the FBI to: (1) provide training for Federal, State, local, and foreign governments; (2) conduct research and development to promote law enforcement; (3) acquire criminal records as necessary to carry out its functions; (4) exchange such information in accordance with applicable law and regulations prescribed by the Attorney General; (5) provide technical assistance at the request of a Federal, State, local, or foreign government; and (6) provide assistance to the United States Secret Service in connection with its protective responsibilities. Allows the Director to impose such disciplinary action as is authorized by law on any person who intentionally uses sensitive investigative techniques in knowing violation of this Act or discloses sensitive information to an unauthorized person while acting as an employee of the FBI. Stipulates that nothing in this Act, including any guidelines established pursuant to this Act, creates any substantive or procedural rights, and no court has jurisdiction over a claim in any proceeding, based solely on violations of its provisions. Provides that no criminal sanction shall be imposed on any person who, while acting as an employee of the FBI in good faith and without willful intent, complies with this Act. Directs the Attorney General to provide to the congressional judiciary committees information concerning implementation of this Act. Requires the Director to report annually to such committees on: (1) the total number of investigations conducted in the preceding year; and (2) the total number of activities conducted in the preceding year requiring approval of the Director or the Attorney General. Directs the Attorney General to submit to such committees for review any guidelines established pursuant to this Act. Prohibits the FBI from making available investigative records for ten years after: (1) the termination of any investigation not resulting in prosecution; or (2) the termination of probation, a term of imprisonment, or imposition of a fine, where the investigation has resulted in a conviction. Requires each agency carrying out law enforcement functions to furnish the same general standardized written response for issuance to any person making a request for records to be used in cases where: (1) the agency does not have the records requested; and (2) the records are protected because disclosure would reveal that a criminal investigation concerning the person is in progress. Amends the Federal Torts Claims Act to make the remedy against the United States under such Act for the negligent act of an FBI employee acting within the scope of employment exclusive of any other civil action or proceeding by reason of the same subject matter.

Written by analysts at the Congressional Research Service and published on Congress.gov, not by Civibrief. Summarized at the "Introduced in Senate" stage on July 2, 1980. It describes the bill, it is not the legal text.

Every answer above is assembled from this measure's own record on Congress.gov and from published counts of what Congress has passed before. Civibrief does not predict outcomes and takes no position on any measure.