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1 "§ 2692. Special class actions; illegal surveillance
"Any person, group, or organization that has been the 3 subject of any investigation, surveillance, or recordkeeping 4 in violation of subsection (a) of section 2691 of this chapter, 5 may bring a class action against the United States on behalf 6 of himself and others similarly situated for such equitable 7 relief as the court determines appropriate to enjoin and re8 dress such violations.
9 "§ 2693. Venue; jurisdictional amount
"(a) A person may bring a civil action under this 11 chapter in any district court of the United States for the 12 district in which the violation occurs, or in any district 13 court of the United States for the district in which such person resides or conducts business, or has his principal place 15 of business, or in the District Court of the United States for 16 the District of Columbia.
"(b) Any Federal court in which a civil action under 18 this chapter is brought pursuant to subsection (a) shall have 19 jurisdiction over such action regardless of the pecuniary 20 amount in controversy."
(b) The analysis of part VI of such title 28 is amended 22 by adding immediately after item 171 the following new
"172. Illegal surveillance--
(c) Section 1343 of title 28, United States Code, is 2 amended by redesignating paragraph (4) as paragraph (5)
3 and by inserting immediately after paragraph (3) the fol4 lowing new paragraph:
"(4) To recover damages or to secure equitable or
other relief under chapter 172 of this title;"
SEC. 4. The civil actions provided by the amendments 8 to title 28, United States Code, made by this Act shall apply 9 only with respect to violations of subsection 2691 (a) of 10 title 28, United States Code, as added by this Act, arising on or after the date of enactment of this Act.
SEC. 5 (a) Section 1385 of title 18, United States 13 Code, is amended by striking out "the Army or the Air 14 Force" and inserting in lieu thereof the following: "the 15 Armed Forces of the United States".
(b) (1) The section heading 1385 of such title is 17 amended to read as follows:
18 "§ 1385. Use of Armed Forces of the United States as posse
(2) Item 1385 of the analysis of chapter 67 is amended
21 to read as follows:
"1385. Use of Armed Forces of the United States as posse comitatus.".
IN THE HOUSE OF REPRESENTATIVES
JANUARY 14, 1975
Mr. BOLAND introduced the following bill; which was referred to the Committee on the Judiciary
To enforce the first amendment and fourth amendment to the Constitution and the constitutional right of privacy by prohibiting any civil officer of the United States or any member of the Armed Forces of the United States from using the Armed Forces of the United States to exercise surveillance of civilians or to execute the civil laws, and for other purposes.
Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled,
SECTION 1. This Act may be cited as the "Freedom
4 From Military Surveillance Act of 1974".
5 SEC. 2. (a) Chapter 67 of title 18, United States Code,
6 is amended by adding at the end thereof the following new 7 sections:
1 "§ 1386. Use of the Armed Forces of the United States for
"(a) Except as provided in subsection (b) of this section
or otherwise required by statute, whoever being a civil officer 5 of the United States or a member of the Armed Forces of 6 the United States willfully causes any part of the Armed 7 Forces of the United States to conduct investigations into, 8 maintain surveillance over, or maintain records regarding 9 the beliefs, associations, political activities, or private affairs 10 of any citizen of the United States who is not a member of the 11 Armed Forces, or regarding the beliefs, membership, or po12 litical activities of any group or organization of such citizens, 13 shall be fined not more than $10,000, or imprisoned not more 14 than two years, or both.
"(b) Nothing contained in the provisions of this section 16 shall be deemed either to limit or to enlarge such legal au17 thority of the Armed Forces of the United States as may exist 18 to:
"(1) collect, receive, or maintain information relevant to a criminal investigation, the conduct of which has been lawfully charged to the Armed Forces of the United States;
"(2) collect, receive, or maintain information relevant to lawful investigations of persons who are applicants for employment with the Armed Forces of the
United States, who are employees of the Armed Forces
of the United States, or who are contractors, or prospective contractors, with the Armed Forces of the United
"(3) collect, receive, or maintain information necessary and proper to the restoration of public order once the Armed Forces of the United States have been de
ployed under the provisions of title 10, United States Code, sections 331, 332, 333, and 334: Provided, however, That such information shall be destroyed no later than sixty days after the withdrawal of such Armed Forces.
"(c) As used in this section the term—
"(1) 'civil officer of the United States' means any civilian employee of the United States;
"(2) 'Armed Forces of the United States' means the Army, Navy, Air Force, Marine Corps, Coast Guard, and the militia of any State when in Federal service; "(3) 'militia' has the same meaning as that set forth in section 311, title 10, United States Code;
"(4) 'investigations' means any oral or written inquiry directed to any person, organization, or agency of Government;
"(5) 'surveillance' means any monitoring of persons, places, or events by means of electronic