Page:United States Statutes at Large Volume 108 Part 4.djvu/818

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108 STAT. 3452 PUBLIC LAW 103-359—OCT. 14, 1994 "(1) the total number of applications made for orders approving physical searches under this title; "(2) the total number of such orders either granted, modified, or denied; and "(3) the number of physical searches which involved searches of the residences, offices, or personal property of United States persons, and the number of occasions, if any, where the Attorney General provided notice pursuant to section 305(b). "PENALTIES 50 USC 1827. "SEC. 307. (a) A person is guilty of an offense if he intentionally— "(1) under color of law for the purpose of obtaining foreign intelligence information, executes a physical search within the United States except as authorized by statute; or "(2) discloses or uses information obtained under color of law by physical search within the United States, knowing or having reason to know that the information was obtained through physical search not authorized by statute, for the purpose of obtaining intelligence information. '(b) It is a defense to a prosecution under subsection (a) that the defendant was a law enforcement or investigative officer engaged in the course of his official duties and the physical search was authorized by and conducted pursuant to a search warrant or court order of a court of competent jurisdiction. "(c) An offense described in this section is punishable by a fine of not more than $10,000 or imprisonment for not more than five years, or both. "(d) There is Federal jurisdiction over an offense under this section if the person committing the offense was an officer or employee of the United States at the time the offense was committed. "CIVIL LIABILITY 50 USC 1828. "SEC. 308. An aggrieved person, other than a foreign power or an agent of a foreign power, as defined in section 101(a) or (b)(1)(A), respectively, of this Act, whose premises, property, information, or material has been subjected to a physical search within the United States or about whom information obtained by such a physical search has been disclosed or used in violation of section 307 shall have a cause of action against any person who committed such violation and shall be entitled to recover— "(1) actual damages, but not less than liquidated damages of $1,000 or $100 per day for each day of violation, whichever is greater; "(2) punitive damages; and "(3) reasonable attorney's fees and other investigative and litigation costs reasonably incurred. "AUTHORIZATION DURING TIME OF WAR 50 USC 1829. "SEC. 309. Notwithstanding any other provision of law, the President, through the Attorney General, may authorize physical searches without a court order under this title to acquire foreign intelligence information for a period not to exceed 15 calendar days following a declaration of war by the Congress.".