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(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 set forth in section 782(7) of title 50, United States Code.". (b) The analysis of chapter 67 of such title is further amended by adding at the end thereof the following new item : "1386. Use of Armed Forces of the United States for surveillance prohibited.”.

SEC. 3. (a) Title 28, United States Code, is amended by adding after chapter 171 the following new chapter:

“Chapter 172.—ILLEGAL SURVEILLANCE "Sec. “2691. Civil actions, generally ; illegal surveillance. “2692. Special class actions; illegal surveillance. "2693. Venue. “$ 2691. Civil actions, generally; illegal surveillance

"(a) Whenever any person is aggrieved as a result of any act which is prohibited by section 1386 of title 18, United States Code, such a person may bring a civil action for damages irrespective of the actuality or amount of pecuniary injury suffered.

“(b) Whenever any person is threatened with injury as a result of any act which is prohibited by section 1386 of such title, such a person may bring a civil action for such equitable relief as the court determines may be appropriate irrespective of the actuality or amount of pecuniary injury threatened. "S 2692. Class action; illegal surveillance

"Whenever any person has reason to believe that a violation of section 1386 of title 18, United States Code, has occurred or is about to occur, such person may bring a civil action on behalf of himself and others similarly situated against any civil office of the United States or any military officer of the Armed Forces of the United States to enjoin the planning or implementation of any activity in violation of that section. “8 2693. Venue

“A person may bring a civil action under this chapter in any district court of the United States for the district in which the violation occurs, or in any district court of the United States for the district in which the violation occurs, or in any district court of the United States in which such person resides or conducts business, or has his principal place of business, or in the District Court of the United States for the District of Columbia.”.

(b) The analysis of part VI of such title 28 is amended by adding immediately after item 171 the following new item: "172. Illegal surveillance

2691". (c) Section 1343 of title 28, United States Code, is amended by redesignating paragraph (4) as paragraph (5) and by inserting immediately after paragraph (3) the following 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 only with respect to violations of section 1386 of title 18, 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 Code, is amended by striking out “the Army or the Air Force" and inserting in lieu thereof the following: "the Armed Forces of the United States".

(b) (1) The section heading of section 1385 of such title is amended to read as follows:

(2) Item 1385 of the analysis of chapter 67 is amended to read as follows: "1385. Use of Armed Forces of the United States as posse comitatus.”.

[H. R. 9973, 93d Cong., 1st sess.) A BILL To amend title 18 of the United States Code to require the consent of all

persons whose communications are intercepted under certain provisions relating to certain types of eavesdropping

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That section 2511(2) of title 18 of the United States Code is amended by striking out paragraphs (c) and (d), and inserting in lieu thereof the following:

“(c) It shall not be unlawful under this chapter for a person to electronically record or otherwise intercept a wire or oral communication where all parties to the communication have given prior consent to such interception unless such communication is intercepted for the purpose of committing any criminal or tortious act in violating of the Constitution or laws of the United States or of any State or for the purpose of commiting any other injurious act.”.

[H. R. 9949, 93d Cong., 1st sess. ] A BILL To clarify the meaning of certain provisions of the Criminal Code relating to

unlawful interception of communications and other provisions of law Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That section 2511 of title 18, United States Code, is amended by adding the following new sentence to the end of paragraph (3) thereof: “Nothing contained in this paragraph shall be deemed to authorize the President, or anyone acting or purporting to act on his behalf, to engage in burglary or any other illegal act that is not prohibited by this chapter.".

SEC. 2. Nothing contained in any provision of law heretofore or hereafter enacted by the Congress shall be deemed to authorize the President, or anyone acting or purporting to act on his behalf, to engage in burglary or any other illegal act that a statute of the Congress does not expressly and explicitly authorize the President or his delegate to engage in.

[H, R. 10008, 93d Cong., 1st sess.) A BILL To amend title 18 of the United States Code to require the consent of all

persons whose communications are intercepted under certain provisions relating to certain types of eavesdropping

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That section 2511(2) of title 18 of the United States Code is amended by striking out paragraphs (c) and (d), and inserting in lieu thereof the following:

"(c) It shall not be unlawful under this chapter for a person to electronically record or otherwise intercept a wire or oral communication where all parties to the communication have given prior consent to such interception unless such communication is intercepted for the purpose of commiting any criminal or tortious act in violation of the Constitution or laws of the United States or of any State or for the purpose of committing any other injurious act."

[H. R. 10331, 93d Cong., 1st sess.] A BILL To amend title 18 of the United States Code to require the consent of all

persons whose communications are intercepted under certain provisions relating to

certain types of eavesdropping Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That section 2511(2) of title 18 of the United States code is amended by striking out paragraphs (c) and (d), and inserting in lieu thereof the following:

"(c) It shall not be unlawful under this chapter for a person to electronically record or otherwise intercept a wire or oral communication where all parties to the communication have given prior consent to such interception unless such communication is intercepted for the purpose of committing any criminal or tortious act in violation of the Constitution or laws of the United States or of any State or for the purpose of committing any other injurious act.”.

(H. R. 11629, 93d Cong., 1st sess.) A BILL 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 Representatives of the United States of America in Congress assembled,

SECTION 1. This Act may be cited as the "Freedom From Surveillance Act of 1973".

SEC. 2. (a) Chapter 67 of title 18, United States Code, is amended by adding at the end thereof the following new sections: "§ 1386. Use of the Armed Forces of the United States for surveillance pro

hibited "(a) Except as provided in subsection (b) of this section, whoever being a civil officer of the United States or an officer of the Armed Forces of the United States employs any part of the Armed Forces of the United States or the militia of any State to conduct investigations into, maintain surveillance over, or record or maintain information regaarding, the beliefs, associations, or political activities of any person not a member of the Armed Forces of the United States, or of any civilian organization, shall be fined not more than $10,000, or imprisoned not more than two years, or both.

'(b) The provisions of this section shall not apply to the use of the Armed Forces of the United States 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 ivestigate criminal conduct committed on a military installation or involving the destruction, damage, 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 set forth in section 782 (7) of title 50, United States Code.". (b) The analysis of chapter 67 of such title is further amended by adding at the end thereof the following new item : "1386. Use of Armed Forces of the United States for surveillance prohibited.".

SEC. 3. (a) Title 28, United States Code, is amended by adding after chapter 171 the following new chapter: “Chapter 172.—ILLEGAL SURVEILLANCE “Sec. “2691. Civil actions, generally ; illegal surveillance. “2692. Class action ; illegal surveillance. “2693. Venue. “8 2691. Civil actions, generally; illegal surveillance

“(a) Whenever any person is aggrieved as a result of any act which is prohibited by section 1386 of title 18, United States Code, such a person may bring a civil action for damages irrespective of the actuality or amount of pecuniary injury suffered.

“(b) Whenever any person is threatened with injury as a result of any act which is prohibited by section 1386 of such title, such a person may bring a civil action for such equitable relief as the court determines may be appropriate irrespective of the actuality or amount of pecuinary injury threatened. “2692. Class action; illegal surveillance

“Whenever any person has reason to believe that a violation of section 1386 of title 18, United States Code, has occurred or is about to occur, such person may bring a civil action on behalf of himself and others similarly situated against any civil officer of the United States or any military officer of the Armed Forces of the United States to enjoin the planning or implementation of any activity in violation of that section. "S 2693. Venue

“A person may bring a civil action under this chapter in any district court of the United States or the district in which the violation occurs, or in any district court of the United States in which such person resides or conducts business, or has his principal place of business, or in the District Court of the United States for the District of Columbia.”.

(b) The analysis of part VI of such title 28 is amended by adding immediately after item 171 the following new item : "172. Illegal surveillance

2691". (c) Section 1343 of title 28, United States Code, is amended by redesignating paragraph (4) as paragraph (5) and by inserting immediately after paragraph (3) the following 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 only with respect to violations of section 1386 of title 18, 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 Code, is amended by striking out “the Army or the Air Force" and inserting in lieu thereof the following: “the Armed Forces of the United States."

(b) (1) The section heading of section 1385 of such title is amended to read as follows: "S 1385. Use of Armed Forces of the United States as posse comitatus".

(2) Item 1385 of the analysis of chapter 67 is amended to read as follows: "1385. Use of Armed Forces of the United States as posse comitatus.”.

[H. R. 11838, 93d Cong., 1st sess.] A BILL To amend sections 2516 (1) and (2) of title 18 of the United States Code

to assure that all wiretaps and other interceptions of communications which are authorized under that section have prior court approval

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That section 2516(1) and (2) of title 19 of the United States Code are amended in both instances

(1) by striking out "an order authorizing or approving” and inserting in lieu thereof "an order giving prior authorization to"; and

(2) by striking out “when such interception may provide or has provided” and inserting in lieu thereof "when such interception may provide".

[H. R. 13825, 93d Cong., 2d sess. ] A BILL To establish administrative and governmental practices and procedures for

certain kinds of surveillance activities engaged in by the administrative agencies and departments of the Government when executing their investigative, law enforcement, and other functions, and for other purposes Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That this Act may be cited as the “Surveillance Practices and Procedures Act of 1974".

SEC. 2. The Congress hereby finds and declares that

(a) Recent events have uncovered abuses by certain administrative agencies, departments, and other units of the Government, when engaging in certain surveillance practices, including the use of wiretaps, for investigative, law enforcement, and other purposes.

(b) Those abuses referred to in subsection (a) have undermined and/or threatened to undermine the individual's right to privacy and other constitutional rights and liberties.

(c) The public has expressed deep concern that abusive practices and procedures by governmental agencies, departments, and/or other units of the Government when engaging in surveillance activities for investigative, law enforcement, and other purposes, may continue to undermine and/or threaten to undermine the individual's right to privacy and other constitutional rights and liberties.

(d) There is a need for the administrative agencies and departments of the Government to engage in certain surveillance practices and procedures in order to properly and satisfactorily execute their lawful investigative, law enforcement, and other functions.

(e) Congress should establish practices and procedures to be followed by the administrative agencies, departments, and other units of the Government when engaging in certain surveillance activities so as to reconcile the interest of the Government in properly and satisfactorily executing its investigative law enforcement, and other functions with the interest of the Congress and the public in protecting the integrity of the individual's right to privacy and other constitutional rights and liberties.

(f) The need for the practices and procedures described in subsection (e) is particularly acute in cases involving the use of wiretaps and other electronic surveillance by the administrative agencies, departments, and other units of the Government when executing their investigative, law enforcement, and other functions.

SEC. 3. (a) Section 2510 (10) of title 18, United States Code, is amended by deleting after "Code;" the following: "and".

(b) Section 2510 (11) of title 18, United States Code, is amended by adding after “directed" the following: "; and”.

(c) Section 2510 of title 18, United States Code, is amended by adding immediately after su section (11) the following:

"(12) 'foreign agent means any person who is not an American citizen or in the process of becoming an American citizen and whose first allegiance is to a foreign power and whose activities are intended to serve the interest of that foreign power and to undermine the security of the United States.".

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