2 1 SEC. 2. (a) Chapter 67 of title 18, United States Code, 2 is amended by adding at the end thereof the following new 3 sections: 4 "§ 1386. Use of the Armed Forces of the United States for 5 6 surveillance prohibited "(a) Except as provided in subsection (b) of this 7 section, whoever being a civil officer of the United States 8 or an officer of the Armed Forces of the United States em 9 ploys any part of the Armed Forces of the United States 10 or the militia of any State to conduct investigations into, 11 maintain surveillance over, or record or maintain informa12 tion regarding, the beliefs, associations, or political activities 13 of any person not a member of the Armed Forces of the 14 United States, or of any civilian organization, shall be fined 15 not more than $10,000, or imprisoned not more than two 16 years, or both. 66 17 (b) The provisions of this section shall not apply to 18 the use of the Armed Forces of the United States or the 19 militia of any State 20 "(1) when they have been actually and publicly 21 assigned by the President to the task of repelling inva 22 sion or suppressing rebellion, insurrection, or domestic 23 violence pursuant to the Constitution or section 331, 24 25 section 332, or section 333 of title 10 of the United States Code; or 3 "(2) to investigate criminal conduct committed on a military installation or involving the destruction, dam age, theft, unlawful seizure, or trespass of the property of the United States; or 66 (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 infiltra tion, overt and covert observation, and civilian inform ants; 1 2 3 4 4 “(5) 'defense facility' has the same meaning as that set forth in section 782 (7) of title 50, United States Code.". (b) The analysis of chapter 67 of such title is further 5 amended by adding at the end thereof the following new 7 "1386. Use of Armed Forces of the United States for surveillance prohibited.". SEC. 3. (a) Title 28, United States Code, is amended by S adding after chapter 171 the following new chapter: 9 "Sec. "Chapter 172.-ILLEGAL SURVEILLANCE “2691. Civil actions generally; illegal surveillance. "2692. Special class actions; illegal surveillance. 10 "§ 2691. Civil actions, generally; illegal surveillance 11 “(a) Whenever any person is aggrieved as a result of 12 any act which is prohibited by section 1386 of title 18, United 13 States Code, such a person may bring a civil action for dam14 ages irrespective of the actuality or amount of pecuniary in15 jury suffered. 16 17 "(b) Whenever any person is threatened with injury as a result of any act which is prohibited by section 1386 of 18 such title, such a person may bring a civil action for such 19 equitable relief as the court determines may be appropriate 20 irrespective of the actuality or amount of pecuniary injury 21 threatened. 32-996 O-74-2 2 3 4 5 "§ 2692. Class action; illegal surveillance “Whenever any person has reason to believe that a vio lation of section 1386 of title 18, United States Code, has occurred or is about to occur, such person may bring a civil 5 action on behalf of himself and others similarly situated 6 against any civil officer of the United States or any military officer of the Armed Forces of the United States to enjoin 7 8 the planning or implementation of any activity in violation 9 of that section. 10 "82693. Venue 11 "A person may bring a civil action under this chapter in 12 any district court of the United States for the district in which 13 the violation occurs, or in any district court of the United 14 States in which such person resides or conducts business, or 15 has his principal place of business, or in the District Court 16 of the United States for the District of Columbia.". 17 (b) The analysis of part VI of such title 28 is amended 18 by adding immediately after items 171 the following new 19 item: 20 "172. Illegal surveillance.. 2691". (c) Section 1343 of title 28, United States Code, is 21 amended by redesignating paragraph (4) as paragraph (5) 22 and by inserting immediately after paragraph (3) the fol 23 lowing new paragraph: 24 "(4) To recover damages or to secure equitable or other relief under chapter 172 of this title;". 2 6 SEC. 4. The civil actions provided by the amendments to title 28, United States Code, made by this Act shall ap 3 ply only with respect to violations of section 1386 of title 4 18, United States Code, as added by this Act, arising on or 5 after the date of enactment of this Act. 6 SEC. 5. (a) Section 1385 of title 18, United States 7 Code, is amended by striking out "the Army or the Air 8 Force" and inserting in lieu thereof the following: "the 9 Armed Forces of the United States." 10 (b) (1) The section heading of section 1385 of such 11 title is amended to read as follows: 12 "§ 1385. Use of Armed Forces of the United States as posse 13 14 comitatus". (2) Item 1385 of the analysis of chapter 67 is amended 15 to read as follows: "1385. Use of Armed Forces of the United States as posse comitatus.". |