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1 "8 2692. Special class actions; illegal surveillance

2 “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 re

8 dress such violations.

9 “g 2693. Venue; jurisdictional amount

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“(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 per14 son 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. . 17 “(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.'

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(b) The analysis of part VI of such title 28 is amended

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by adding immediately after item 171 the following new

23 item:

"172. Illegal surveillance

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(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 6 other relief under chapter 172 of this title;"

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7 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

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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”.

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(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

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(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.”.

94TH CONGRESS

1st SESSION

H. R. 266

IN THE HOUSE OF REPRESENTATIVES

JANUARY 14, 1975 Mr. Boland introduced the following bill; which was referred to the Com

mittee 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.

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Be it enacted by the Senate and House of Representa

2 tives of the United States of America in Congress assembled,

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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:

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1 “g 1386. Use of the Armed Forces of the United States for

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“(a) Except as provided in subsection (b) of this section or otherwise required by statute, whoever being a civil officer

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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 au17thority of the Armed Forces of the United States as may exist

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“(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

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United States;

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(2) collect, receive, or maintain information rele

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vant to lawful investigations of persons who are appli

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cants for employment with the Armed Forces of the

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United States, who are employees of the Armed Forces

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of the United States, or who are contractors, or prospec

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tive contractors, with the Armed Forces of the United

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“(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 deployed 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

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Forces.

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"(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, placen, of events by means of electronic

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