94TH CONGRESS 1ST SESSION H. R. 142 IN THE HOUSE OF REPRESENTATIVES JANUARY 14, 1975 Mr. KASTEN MEIER introduced the following bill; which was referred to the Committee on the Judiciary A BILL 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 Representatives of the United States of America in Congress assembled, SECTION 1. This Act may be cited as the "Freedom From Military Surveillance Act of 1975". SEC. 2. (a) Chapter 67 of title 18, United States Code, is amended by adding at the end thereof the following new sections: 2 1 2 3 "§ 1386. Use of the Armed Forces of the United States for surveillance prohibited "(a) Except as provided in subsection (b) of this sec4 tion or otherwise required by statute, whoever being a civil 5 officer of the United States or a member of the Armed Forces 6 of 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 11 the Armed Forces, or regarding the beliefs, membership, or 12 political activities of any group or organization of such citi13 zens, shall be fined not more than $10,000, or imprisoned not more than two years, or both. 14 15 "(b) Nothing contained in the provisions of this section 16 shall be deemed either to limit or to enlarge such legal 17 authority of the Armed Forces of the United States as may 18 exist to: "(1) collect, receive, or maintain information rele vant 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 rele vant to lawful investigations of persons who are appli cants for employment with the Armed Forces of the 1 2 3 4 5 67 3 United States, who are employees of the Armed Forces of the United States, or who are contractors, or prospec tive contractors, with the Armed Forces of the United States; "(3) collect, receive, or maintain information neces sary and proper to the restoration of public order once the Armed Forces of the United States have been de 8 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 per sons, places, or events by means of electronic intercep 1 2 3 4 5. 6 7 8 9. 10 4 tion, overt and covert infiltration, overt and covert observation, photography, and the use of informants; "(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 11 amended by adding at the end thereof the following new 12 item: 13 "1386. Use of Armed Forces of the United States for surveillance prohibited.". SEC. 3. (a) Title 28, United States Code, is amended by 14 adding after chapter 171 the following new chapter: "Chapter 172. ILLEGAL SURVEILLANCE 15 "Sec. "2691. Civil actions generally; illegal surveillance. 16 "§ 2691. Civil action, generally; illegal surveillance 17 "(a) Except as provided in subsection (b) of section 18 1386, title 18, United States Code, or otherwise required 19 by statute, whoever being a civil officer of the United States 20 or a member of the Armed Forces of the United States causes 57-282 76 pt. 1 - 2 5 1 any part of the Armed Forces of the United States to conduct 2 investigations into, maintain surveillance over, or maintain 3 records regarding the beliefs, associations, political activities, 4 or private affairs of any citizen of the United States who is 5 not a member of the Armed Forces, or regarding the beliefs, 6 membership, or political activities of any group or organi7 zation of such citizens shall be liable for damages to any 8 person, group, or organization that has been the subject of 9 a prohibited investigation, surveillance, or recordkeeping in an amount equal to the sum of 10 19 "(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 20 the subject of any investigation, surveillance, or record21 keeping in violation of subsection (a) of this section may 225 22 bring a civil action against the United States for such equi 23 table relief as the court determines appropriate to enjoin and 24 redress such violation. |