2 1 "§ 1386. Use of the Armed Forces of the United States for 2 3 surveillance prohibited "(a) Except as provided in subsection (b) of this 4 section, whoever being a civil officer of the United States 5 or an officer of the Armed Forces of the United States em6 ploys any part of the Armed Forces of the United States 7 or the militia of any State to conduct investigations into, 8 maintain surveillance over, or record or maintain informa9 tion regarding, the beliefs, associations, or political activities 10 of any person not a member of the Armed Forces of the 11 United States, or of any civilian organization, shall be fined not more than $10,000, or imprisoned not more than two 13 years, or both. 12 14 "(b) The prohibition under subsection (a) shall not 15 apply to the use of the Armed Forces of the United States 16 or the militia of any State "(1) when they have been actually and publicly assigned by the President to the task of repelling invasion or suppressing rebellion, insurrection, or domestic violence pursuant to the Constitution or section 331, section 332, or section 333 of title 10 of the United States Code; or "(2) to investigate criminal conduct committed on a military installation or involving the destruction, dam 3 age, theft, unlawful seizure, or trespass of the property of the United States; or "(3) to determine the suitability for employment or for retention in employment of any individual actually seeking employment or employed by the Armed Forces of the United States or by the militia of any State, or by a defense facility; or "(4) whenever the militia of any State is under the command or control of the chief executive of that State or any other appropriate authorities of that State. "(c) As used in this section, the term— "(1) Armed Forces of the United States' means the Army, Navy, Air Force, Marine Corps, and Coast Guard "(2) 'militia' has the same meaning as that set forth in section 311 of title 10, United States Code; "(3) 'civil officer of the United States' means any civilian employee of the United States; "(4) 'surveillance' means any monitoring conducted by means which include but are not limited to wiretapping, electronic eavesdropping, overt and covert infiltration, overt and covert observation, and civilian informants; "(5) 'defense facility' has the same meaning as that 4 :1 2 3 set forth for the term 'facility' in section 782 (7) of title 50, United States Code.". (b) The analysis of chapter 67 of such title is amended 4 by adding at the end thereof the following new item: 5 "1386. Use of Armed Forces of the United States for surveillance prohibited.". SEC. 3. (a) Title 28, United States Code, is amended by 6 adding after chapter 171 the following new chapter: 7 "Sec. "Chapter 172.-ILLEGAL SURVEILLANCE “2691. Civil actions generally; illegal surveillance. "2693. Venue. 8 "§ 2691. Civil actions, generally; illegal surveillance 9 "(a) Whenever any person is aggrieved as a result of 10 any act which is prohibited by section 1386 of title 18, United 11 States Code, such a person may bring a civil action for dam12 ages irrespective of the actuality or amount of pecuniary in13 jury suffered. 14 15 (b) Whenever any person is threatened with injury as a result of any act which is prohibited by section 1386 of 16 such title, such a person may bring a civil action for such 17 equitable relief as the court determines may be appropriate 18 irrespective of the actuality or amount of pecuniary injury 19 threatened. 20 "82692. Class action; illegal surveillance. 21 "Whenever any person has reason to believe that a vio 5 1 lation of section 1386 of title 18, United States Code, has 2 occurred or is about to occur, such person may bring a civil 3 action on behalf of himself and others similarly situated 4 against any civil officer of the United States or any military 5 officer of the Armed Forces of the United States to enjoin 6 the planning or implementation of any activity in violation 7 of that section. 8 "§ 2693. Venue 9 "A person may bring a civil action under this chapter in 10 any district court of the United States for the district in which 11 the violation occurs, or in any district court of the United 12 States in which such person resides or conducts business, or 13 has his principal place of business, or in the District Court. 14 of the United States for the District of Columbia.". 15 (b) The analysis of part VI of such title 28 is amended 16 by adding immediately after items 171 the following new 17 item: 18 "172. Illegal surveillance-- 2691". (c) Section 1343 of title 28, United States Code, is 19 amended by redesignating paragraph (4) as paragraph (5) 20 and by inserting immediately after paragraph (3) the fol21 lowing new paragraph: 22 23 24 "(4) To recover damages or to secure equitable or other relief under chapter 172 of this title;". SEC. 4. (a) Section 1385 of title 18, United States 6 1 Code, is amended by striking out "the Army or the Air 2 Force" and inserting in lieu thereof the following: "the 3 Armed Forces of the United States." 4 (b) (1) The section heading of section 1385 of such 5 title is amended to read as follows: 6 "§ 1385. Use of Armed Forces of the United States as posse 7 8 comitatus." (2) Item 1385 of the analysis of chapter 67 is amended 9 to read as follows: "1385. Use of Armed Forces of the United States as posse comitatus.". 57-282 O 76 pt. 13 |