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"(6) 'records' means records resulting from any investigation or surveillance conducted by the Armed Forces of the United States, or resulting from any investigation or surveillance conducted by any governmental agency of the United States or any State;
"(7) 'private affairs' means the financial, medical, sexual, marital, or familial affairs of an individual.”
(b) The analysis of chapter 67 of such title is further 12 amended by adding at the end thereof the following new 13 item.
"1386. Use of Armed Forces of the United States for surveillance prohibited.".
interception, overt and covert infiltration, overt and covert observation, photography, and the use of informants;
14 SEC. 3. (a) Title 28, United States Code, is amended 15 by adding after chapter 171 the following new chapter:
"Chapter 172.-ILLEGAL SURVEILLANCE
"2691. Civil actions generally; illegal surveillance.
17 "§ 2691. Civil action, generally; illegal surveillance
"(a) Whoever violates any provision of section 1386 19 of title 18, United States Code, shall be liable for damages
to any person, group, or organization that, as a result of 21 such violation, has been the subject of a prohibited investiga
1 tion, surveillance or recordkeeping in an amount equal to
2 the sum of:
"(1) any actual damages suffered by plaintiff, but
not less than liquidated damages at the rate of $100
per day for each day the prohibited activity was conducted;
"(2) such punitive damages as the court may allow, but not in excess of $1,000; and
"(3) the costs of any successful action, including reasonable attorneys' fees.
"(b) Any person, group, or organization that has been 12 the subject of any investigation, surveillance, or record13 keeping in violation of section 1386, title 18, United States 14 Code, may bring a civil action against the United States 15 for such equitable relief as the court determines appropriate 16 to enjoin and redress such violation.
"§ 2692. Special class actions; illegal surveillance
"Any person, group, or organization that has been the 19 subject of any investigation, surveillance, or recordkeeping 20 in violation of section 1386, title 18, United States Code,
may bring a class action against the United States on behalf 22 of himself and others similarly situated for such equitable
23 relief as the court determines appropriate to enjoin and 24 redress such violations.
1 "§ 2693. Venue; jurisdictional amount
2 "(a) A person may bring a civil action under this 3 chapter in any district court of the United States for the 4 district in which the violation occurs, or in any district 5 court of the United States for the district in which such per6 son resides or conducts business, or has his principal place 7 of business, or in the District Court of the United States for 8 the District of Columbia.
9 "(b) Any Federal court in which a civil action under 10 this chapter is brought pursuant to subsection (a) shall have 11 jurisdiction over such action regardless of the pecuniary 12 amount in controversy."
(b) The analysis of part VI of such title 28 is amended 14 by adding immediately after item 171 the following new
"172. Illegal surveillance..
(c) Section 1343 of title 28, United States Code, is 17 amended by redesignating paragraph (4) as paragraph (5)
18 and by inserting immediately after paragraph (3) the fol19 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
to title 28, United States Code, made by this Act shall apply 24 only with respect to violations of section 1386 of title 18,
1 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 4 Code, is amended by striking out "the Army or the Air
5 Force" and inserting in lieu thereof the following: "the
6 Armed Forces of the United States".
(b) (1) The section heading 1385 of such title is
8 amended to read as follows:
9 " 1385. Use of Armed Forces of the United States as posse
(2) Item 1385 of the analysis of chapter 67 is amended 12 to read as follows:
"1385. Use of Armed Forces of the United States as posse comitatus.”.
IN THE HOUSE OF REPRESENTATIVES
JANUARY 14, 1975
Ms. Holtzman 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 or military officer of the United States or the militia of any State from using the Armed Forces of the United States or the militia of any State 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,
3 That this Act may be cited as the "Freedom From Sur4 veillance Act of 1975”.
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: