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‘‘(10) LIMITATION OF REMEDIES.—The remedies
set forth in this subsection shall be the only judicial
remedies for violation of this subsection.
‘‘(11) INJUNCTIVE RELIEF.—In addition to any
other remedy contained in this subsection, injunctive
relief shall be available to require compliance with the
procedures of this subsection. In the event of any suc-
cessful action under this subsection, costs of the ac-
tion, together with reasonable attorney’s fees, as deter-
mined by the court, may be recovered.’’.
SEC. 705. REWARDS FOR INFORMATION CONCERNING ESPI-
ONAGE.
(a) REWARDS.—Section 3071 of title 18, United States
Code, is amended—
(1) by inserting ‘‘(a)’’ before ‘‘With respect to’’;
and
(2) by adding at the end the following new sub-
section:
‘‘(b) With respect to acts of espionage involving or di-
rected at the United States, the Attorney General may re-
ward any individual who furnishes information—
‘‘(1) leading to the arrest or conviction, in any
country, of any individual or individuals for commis-
sion of an act of espionage against the United States;
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‘‘(2) leading to the arrest or conviction, in any
country, of any individual or individuals for conspir-
ing or attempting to commit an act of espionage
against the United States; or
‘‘(3) leading to the prevention or frustration of
an act of espionage against the United States.’’.
(b) DEFINITIONS.—Section 3077 of such title is
amended by adding at the end the following new paragraph:
‘‘(8) ‘act of espionage’ means an activity that is
a violation of—
‘‘(A) section 793, 794, or 798 of title 18,
United States Code; or
‘‘(B) section 783(b) of title 50, United
States Code.’’.
(c) CLERICAL AMENDMENTS.—The items relating to
chapter 24 in the table of chapters at the beginning of such
title, and in the table of chapters at the beginning of part
II of such title, are each amended by adding at the end
the following: ‘‘and espionage.’’.
SEC. 706. ESPIONAGE NOT COMMITTED IN ANY DISTRICT.
(a) IN GENERAL.—Chapter 211 of title 18, United
States Code, is amended by inserting after section 3238 the
following new section:
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‘‘§ 3239. Espionage and related offenses not committed
in any district
‘‘The trial for any offense involving a violation of—
‘‘(1) section 793, 794, 798, 952, or 1030(a)(1) of
this title,
‘‘(2) section 601 of the National Security Act of
1947 (50 U.S.C. 421), or
‘‘(3) subsection (b) or (c) of section 4 of the Sub-
versive Activities Control Act of 1950 (50 U.S.C. 783
(b) or (c)), begun or committed upon the high seas or
elsewhere out of the jurisdiction of any particular
State or district,
may be in the District of Columbia or in any other district
authorized by law.’’.
(b) CLERICAL AMENDMENT.—The table of sections at
the beginning of chapter 211 of such title is amended by
inserting after the item relating to section 3238 the follow-
ing:
‘‘3239. Espionage and related offenses not committed in any district.’’.
SEC. 707. CRIMINAL FORFEITURE FOR VIOLATION OF CER-
TAIN ESPIONAGE LAWS.
(a) IN GENERAL.—Section 798 of title 18, United
States Code, is amended by adding at the end the following
new subsections:
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‘‘(d)(1) Any person convicted of a violation of this sec-
tion shall forfeit to the United States irrespective of any
provision of State law—
‘‘(A) any property constituting, or derived from,
any proceeds the person obtained, directly or indi-
rectly, as the result of such violation; and
‘‘(B) any of the person’s property used, or in-
tended to be used, in any manner or part, to commit,
or to facilitate the commission of, such violation.
‘‘(2) The court, in imposing sentence on a defendant
for a conviction of a violation of this section, shall order
that the defendant forfeit to the United States all property
described in paragraph (1).
‘‘(3) Except as provided in paragraph (4), the provi-
sions of subsections (b), (c), and (e) through (p) of section
413 of the Comprehensive Drug Abuse Prevention and Con-
trol Act of 1970 (21 U.S.C. 853 (b), (c), and (e)–(p)) shall
apply to—
‘‘(A) property subject to forfeiture under this
subsection;
‘‘(B) any seizure or disposition of such property;
and
‘‘(C) any administrative or judicial proceeding
in relation to such property if not inconsistent with
this subsection.
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‘‘(4) Notwithstanding section 524(c) of title 28, there
shall be deposited in the Crime Victims Fund established
under section 1402 of the Victims of Crime Act of 1984 (42
U.S.C. 10601) all amounts from the forfeiture of property
under this subsection remaining after the payment of ex-
penses for forfeiture and sale authorized by law.
‘‘(e) As used in subsection (d) of this section, the term
‘State’ means each of the several States of the United States,
the District of Columbia, the Commonwealth of Puerto Rico,
the Commonwealth of the Northern Mariana Islands, the
United States Virgin Islands, Guam, American Samoa, the
Republic of the Marshall Islands, the Federated States of
Micronesia, and the Republic of Palau (until such time as
the Compact of Free Association is ratified), and any other
possession of the United States.’’.
(b) AMENDMENTS FOR CONSISTENCY IN APPLICATION
OF FORFEITURE UNDER TITLE 18.—(1) Section 793(h)(3)
of such title is amended in the matter above subparagraph
(A) by striking out ‘‘(o)’’ each place it appears and insert-
ing in lieu thereof ‘‘(p)’’.
(2) Section 794(d)(3) of such title is amended in the
matter above subparagraph (A) by striking out ‘‘(o)’’ each
place it appears and inserting in lieu thereof ‘‘(p)’’.
(c) SUBVERSIVE ACTIVITIES CONTROL ACT.—Section
4 of the Subversive Activities Control Act of 1950 (50
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U.S.C. 783) is amended by adding at the end the following
new subsection:
‘‘(g)(1) Any person convicted of a violation of this sec-
tion shall forfeit to the United States irrespective of any
provision of State law—
‘‘(A) any property constituting, or derived from,
any proceeds the person obtained, directly or indi-
rectly, as the result of such violation; and
‘‘(B) any of the person’s property used, or in-
tended to be used, in any manner or part, to commit,
or to facilitate the commission of, such violation.
‘‘(2) The court, in imposing sentence on a defendant
for a conviction of a violation of this section, shall order
that the defendant forfeit to the United States all property
described in paragraph (1).
‘‘(3) Except as provided in paragraph (4), the provi-
sions of subsections (b), (c), and (e) through (p) of section
413 of the Comprehensive Drug Abuse Prevention and Con-
trol Act of 1970 (21 U.S.C. 853(b), (c), and (e)–(p)) shall
apply to—
‘‘(A) property subject to forfeiture under this
subsection;
‘‘(B) any seizure or disposition of such property;
and
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‘‘(C) any administrative or judicial proceeding
in relation to such property, if not inconsistent with
this subsection.
‘‘(4) Notwithstanding section 524(c) of title 28, there
shall be deposited in the Crime Victims Fund established
under section 1402 of the Victims of Crime Act of 1984 (42
U.S.C. 10601) all amounts from the forfeiture of property
under this subsection remaining after the payment of ex-
penses for forfeiture and sale authorized by law.’’.
SEC. 708. DENIAL OF ANNUITIES OR RETIRED PAY TO PER-
SONS CONVICTED OF ESPIONAGE IN FOREIGN
COURTS INVOLVING UNITED STATES INFOR-
MATION.
Section 8312 of title 5, United States Code, is amended
by adding at the end thereof the following new subsection:
‘‘(d) For purposes of subsections (b)(1) and (c)(1), an
offense within the meaning of such subsections is established
if the Attorney General certifies to the agency administering
the annuity or retired pay concerned—
‘‘(1) that an individual subject to this chapter
has been convicted by an impartial court of appro-
priate jurisdiction within a foreign country in cir-
cumstances in which the conduct violates the provi-
sions of law enumerated in subsections (b)(1) and
(c)(1), or would violate such provisions had such con-
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duct taken place with the United States, and that
such conviction is not being appealed or that final ac-
tion has been taken on such appeal;
‘‘(2) that such conviction was obtained in ac-
cordance with procedures that provided the defendant
due process rights comparable to such rights provided
by the United States Constitution, and such convic-
tion was based upon evidence which would have been
admissible in the courts of the United States; and
‘‘(3) that such conviction occurred after the date
of enactment of this subsection.’’.
SEC. 709. PROVIDING A COURT ORDER PROCESS FOR PHYS-
ICAL SEARCHES UNDERTAKEN FOR FOREIGN
INTELLIGENCE PURPOSES.
(a) AMENDMENT
OF
THE FOREIGN INTELLIGENCE
SURVEILLANCE ACT OF 1978.—The Foreign Intelligence
Surveillance Act of 1978 (50 U.S.C. 1801 et seq.) is amend-
ed—
(1) by redesignating title III as title IV and sec-
tion 301 as section 401, respectively;
(2) in section 401 (as redesignated) by inserting
‘‘(other than title III)’’ after ‘‘provisions of this Act’’;
and
(3) by inserting after title II the following new
title:
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‘‘TITLE III—PHYSICAL SEARCHES
WITHIN THE UNITED STATES
FOR FOREIGN INTELLIGENCE
PURPOSES
‘‘AUTHORIZATION OF PHYSICAL SEARCHES FOR FOREIGN
INTELLIGENCE PURPOSES
‘‘SEC. 301. (a) Applications for a court order under
this title are authorized if the President has, by written au-
thorization, empowered the Attorney General to approve ap-
plications to the Foreign Intelligence Surveillance Court.
Notwithstanding any other law, a judge of the court to
whom application is made may grant an order in accord-
ance with section 303 approving a physical search in the
United States of the premises, property, information, or
material of a foreign power or an agent of a foreign power
for the purpose of collecting foreign intelligence informa-
tion.
‘‘(b) The Foreign Intelligence Surveillance Court shall
have jurisdiction to hear applications for and grant orders
approving a physical search for the purpose of obtaining
foreign intelligence information anywhere within the Unit-
ed States under the procedures set forth in this title, except
that no judge shall hear the same application which has
been denied previously by another judge designated under
section 103(a) of the Act. If any judge so designated denies
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an application for an order authorizing a physical search
under this title, such judge shall provide immediately for
the record a written statement of each reason for his deci-
sion and, on motion of the United States, the record shall
be transmitted, under seal, to the court of review established
under section 103(b).
‘‘(c) The court of review established under section
103(b) shall have jurisdiction to review the denial of any
application made under this title. If such court determines
that the application was properly denied, the court shall
immediately provide for the record a written statement of
each reason for its decision and, on petition of the United
States for a writ of certiorari, the record shall be transmit-
ted under seal to the Supreme Court, which shall have juris-
diction to review such decision.
‘‘(d) Judicial proceedings under this title shall be con-
cluded as expeditiously as possible. The record of proceed-
ings under this title, including applications made and or-
ders granted, shall be maintained under security measures
established by the Chief Justice of the United States in con-
sultation with the Attorney General and the Director of
Central Intelligence.
‘‘APPLICATION FOR AN ORDER
‘‘SEC. 302. (a) Each application for an order approv-
ing a physical search under this title shall be made by a
Federal officer in writing upon oath or affirmation to a
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judge of the Foreign Intelligence Surveillance Court. Each
application shall require the approval of the Attorney Gen-
eral based upon the Attorney General’s finding that it satis-
fies the criteria and requirements for such application as
set forth in this title. Each application shall include—
‘‘(1) the identity of the Federal officer making
the application;
‘‘(2) the authority conferred on the Attorney
General by the President and the approval of the At-
torney General to make the application;
‘‘(3) the identity, if known, or a description of
the target of the search, and a detailed description of
the premises or property to be searched and of the in-
formation, material, or property to be seized, repro-
duced, or altered;
‘‘(4) a statement of the facts and circumstances
relied upon by the applicant to justify the applicant’s
belief that—
‘‘(A) the target of the physical search is a
foreign power or an agent of a foreign power;
‘‘(B) the premises or property to be searched
contains foreign intelligence information; and
‘‘(C) the premises or property to be searched
is owned, used, possessed by, or is in transit to
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or from a foreign power or an agent of a foreign
power;
‘‘(5) a statement of the proposed minimization
procedures;
‘‘(6) a statement of the nature of the foreign in-
telligence sought and the manner in which the phys-
ical search is to be conducted;
‘‘(7) a certification or certifications by the As-
sistant to the President for National Security Affairs
or an executive branch official or officials designated
by the President from among those executive branch
officers employed in the area of national security or
defense and appointed by the President, by and with
the advice and consent of the Senate—
‘‘(A) that the certifying official deems the
information sought to be foreign intelligence in-
formation;
‘‘(B) that the purpose of the search is to ob-
tain foreign intelligence information;
‘‘(C) that such information cannot reason-
ably be obtained by normal investigative tech-
niques;
‘‘(D) that designates the type of foreign in-
telligence information being sought according to
the categories described in section 101(e); and
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‘‘(E) includes a statement explaining the
basis for the certifications required by subpara-
graphs (C) and (D); and
‘‘(8) a statement of the facts concerning all pre-
vious applications that have been made to any judge
under this title involving any of the persons, prem-
ises, or property specified in the application, and the
action taken on each previous application.
‘‘(b) The Attorney General may require any other affi-
davit or certification from any other officer in connection
with the application.
‘‘(c) The judge may require the applicant to furnish
such other information as may be necessary to make the
determinations required by section 303.
‘‘ISSUANCE OF AN ORDER
‘‘SEC. 303. (a) Upon an application made pursuant
to section 302, the judge shall enter an ex parte order as
requested or as modified approving the physical search if
the judge finds that—
‘‘(1) the President has authorized the Attorney
General to approve applications for physical searches
for foreign intelligence purposes;
‘‘(2) the application has been made by a Federal
officer and approved by the Attorney General;
‘‘(3) on the basis of the facts submitted by the
applicant there is probable cause to believe that—
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tion 302(a)(7)(E) and any other information fur-
nished under section 302(c).
‘‘(b) An order approving a physical search under this
section shall—
‘‘(1) specify—
‘‘(A) the identity, if known, or a description
of the target of the physical search;
‘‘(B) the nature and location of each of the
premises or property to be searched;
‘‘(C) the type of information, material, or
property to be seized, altered, or reproduced;
‘‘(D) a statement of the manner in which
the physical search is to be conducted and, when-
ever more than one physical search is authorized
under the order, the authorized scope of each
search and what minimization procedures shall
apply to the information acquired by each
search; and
‘‘(E) the period of time during which phys-
ical searches are approved; and
‘‘(2) direct—
‘‘(A) that the minimization procedures be
followed;
‘‘(B) that, upon the request of the applicant,
a specified landlord, custodian, or other specified
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person furnish the applicant forthwith all infor-
mation, facilities, or assistance necessary to ac-
complish the physical search in such a manner
as will protect its secrecy and produce a mini-
mum of interference with the services that such
landlord, custodian, or other person is providing
the target of the physical search;
‘‘(C) that such landlord, custodian or other
person maintain under security procedures ap-
proved by the Attorney General and the Director
of Central Intelligence any records concerning
the search or the aid furnished that such person
wishes to retain;
‘‘(D) that the applicant compensate, at the
prevailing rate, such landlord, custodian, or
other person for furnishing such aid; and
‘‘(E) that the Federal officer conducting the
physical search promptly report to the court the
circumstances and results of the physical search.
‘‘(c)(1) An order issued under this section may ap-
prove a physical search for the period necessary to achieve
its purpose, or for ninety days, whichever is less, except that
an order under this section shall approve physical search
targeted against a foreign power, as defined in paragraph
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(1), (2), or (3) of section 101(a), for the period specified
in the application or for one year, whichever is less.
‘‘(2) Extensions of an order issued under this title may
be granted on the same basis as the original order upon
an application for an extension and new findings made in
the same manner as required for the original order, except
that an extension of an order under this Act for a physical
search targeted against a foreign power, as defined in sec-
tion 101(a) (5) or (6), or against a foreign power, as de-
fined in section 101(a)(4), that is not a United States per-
son, may be for a period not to exceed one year if the judge
finds probable cause to believe that no property of any indi-
vidual United States person will be acquired during the pe-
riod.
‘‘(3) At or before the end of the period of time for which
a physical search is approved by an order or an extension,
or at any time after a physical search is carried out, the
judge may assess compliance with the minimization proce-
dures by reviewing the circumstances under which informa-
tion concerning United States persons was acquired, re-
tained, or disseminated.
‘‘(d)(1) Notwithstanding any other provision of this
title, whenever the Attorney General reasonably determines
that—
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‘‘(A) an emergency situation exists with respect
to the execution of a physical search to obtain foreign
intelligence information before an order authorizing
such search can with due diligence be obtained, and
‘‘(B) the factual basis for issuance of an order
under this title to approve such a search exists,
the Attorney General may authorize the execution of an
emergency physical search if—
‘‘(i) a judge having jurisdiction under section
103 is informed by the Attorney General or the Attor-
ney General’s designee at the time of such authoriza-
tion that the decision has been made to execute an
emergency search, and
‘‘(ii) an application in accordance with this title
is made to that judge as soon as practicable but not
more than 24 hours after the Attorney General au-
thorizes such search.
‘‘(2) If the Attorney General authorizes an emergency
search under paragraph (1), the Attorney General shall re-
quire that the minimization procedures required by this
title for the issuance of a judicial order be followed.
‘‘(3) In the absence of a judicial order approving such
a physical search, the search shall terminate the earlier of—
‘‘(A) the date on which the information sought is
obtained;
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‘‘(B) the date on which the application for the
order is denied; or
‘‘(C) the expiration of 24 hours from the time of
authorization by the Attorney General.
‘‘(4) In the event that such application for approval
is denied, or in any other case where the physical search
is terminated and no order is issued approving the search,
no information obtained or evidence derived from such
search shall be received in evidence or otherwise disclosed
in any trial, hearing, or other proceeding in or before any
court, grand jury, department, office, agency, regulatory
body, legislative committee, or other authority of the United
States, a State, or political subdivision thereof, and no in-
formation concerning any United States person acquired
from such search shall subsequently be used or disclosed in
any other manner by Federal officers or employees without
the consent of such person, except with the approval of the
Attorney General, if the information indicates a threat of
death or serious bodily harm to any person. A denial of
the application made under this subsection may be reviewed
as provided in section 301.
‘‘(e) Applications made and orders granted under this
title shall be retained for a period of at least 10 years from
the date of the application.
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‘‘USE OF INFORMATION
‘‘SEC. 304. (a) Information acquired from a physical
search conducted pursuant to this title concerning any
United States person may be used and disclosed by Federal
officers and employees without the consent of the United
States person only in accordance with the minimization
procedures required by this title. No information acquired
from a physical search pursuant to this title may be used
or disclosed by Federal officers or employees except for law-
ful purposes.
‘‘(b) No information acquired pursuant to this title
shall be disclosed for law enforcement purposes unless such
disclosure is accompanied by a statement that such infor-
mation, or any information derived therefrom, may only
be used in a criminal proceeding with the advance author-
ization of the Attorney General.
‘‘(c) Whenever the United States intends to enter into
evidence or otherwise use or disclose in any trial, hearing,
or other proceeding in or before any court, department, offi-
cer, agency, regulatory body, or other authority of the Unit-
ed States, against an aggrieved person, any information ob-
tained or derived from a physical search of the premises
or property of that aggrieved person pursuant to the author-
ity of this title, the United States shall, prior to the trial,
hearing, or the other proceeding or at a reasonable time
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prior to an effort to so disclose or so use that information
or submit it in evidence, notify the aggrieved person and
the court or other authority in which the information is
to be disclosed or used that the United States intends to
so disclose or so use such information.
‘‘(d) Whenever any State or political subdivision there-
of intends to enter into evidence or otherwise use or disclose
in any trial, hearing, or other proceeding in or before any
court, department, officer, agency, regulatory body, or other
authority of a State or a political subdivision thereof
against an aggrieved person any information obtained or
derived from a physical search of the premises or property
of that aggrieved person pursuant to the authority of this
title, the State or political subdivision thereof shall notify
the aggrieved person, the court or other authority in which
the information is to be disclosed or used, and the Attorney
General that the State or political subdivision thereof in-
tends to so disclose or so use such information.
‘‘(e)(1) Any person against whom evidence obtained or
derived from a physical search to which he is an aggrieved
person is to be, or has been, introduced or otherwise used
or disclosed in any trial, hearing, or other proceeding in
or before any court, department, officer, agency, regulatory
body, or other authority of the United States, a State, or
a political subdivision thereof, may move to suppress the
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evidence obtained or derived from such search on the
grounds that—
‘‘(A) the information was unlawfully acquired;
or
‘‘(B) the physical search was not made in con-
formity with an order of authorization or approval.
‘‘(2) Such a motion shall be made before the trial, hear-
ing, or other proceeding unless there was no opportunity
to make such a motion or the person was not aware of the
grounds of the motion.
‘‘(f) Whenever a court or other authority is notified
pursuant to subsection (c) or (d), or whenever a motion is
made pursuant to subsection (e), or whenever any motion
or request is made by an aggrieved person pursuant to any
other statute or rule of the United States or any State before
any court or other authority of the United States or any
State to discover or obtain applications or orders or other
materials relating to a physical search authorized by this
title or to discover, obtain, or suppress evidence or informa-
tion obtained or derived from a physical search authorized
by this title, the United States district court or, where the
motion is made before another authority, the United States
district court in the same district as the authority shall,
notwithstanding any other law, if the Attorney General files
an affidavit under oath that disclosure or any adversary
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hearing would harm the national security of the United
States, review in camera and ex parte the application,
order, and such other materials relating to the physical
search as may be necessary to determine whether the phys-
ical search of the aggrieved person was lawfully authorized
and conducted. In making this determination, the court
may disclose to the aggrieved person, under appropriate se-
curity procedures and protective orders, portions of the ap-
plication, order, or other materials relating to the physical
search only where such disclosure is necessary to make an
accurate determination of the legality of the physical search.
‘‘(g) If the United States district court pursuant to
subsection (f) determines that the physical search was not
lawfully authorized or conducted, it shall, in accordance
with the requirements of law, suppress the evidence which
was unlawfully obtained or derived from the physical search
of the aggrieved person or otherwise grant the motion of
the aggrieved person. If the court determines that the phys-
ical search was lawfully authorized or conducted, it shall
deny the motion of the aggrieved person except to the extent
that due process requires discovery or disclosure.
‘‘(h) Orders granting motions or requests under sub-
section (g), decisions under this section that a physical
search was not lawfully authorized or conducted, and orders
of the United States district court requiring review or
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granting disclosure of applications, orders, or other mate-
rials relating to the physical search shall be final orders
and binding upon all courts of the United States and the
several States except a United States Court of Appeals or
the Supreme Court.
‘‘(i) If an emergency execution of a physical search is
authorized under section 303(d) and a subsequent order ap-
proving the search is not obtained, the judge shall cause
to be served on any United States person named in the ap-
plication and on such other United States persons subject
to the search as the judge may determine in his discretion
it is in the interests of justice to serve, notice of—
‘‘(1) the fact of the application;
‘‘(2) the period of the search; and
‘‘(3) the fact that during the period information
was or was not obtained.
On an ex parte showing of good cause to the judge, the serv-
ing of the notice required by this subsection may be post-
poned or suspended for a period not to exceed 90 days.
Thereafter, on a further ex parte showing of good cause, the
court shall forego ordering the serving of the notice required
under this subsection.
‘‘CONGRESSIONAL OVERSIGHT
‘‘SEC. 305. On a semiannual basis the Attorney Gen-
eral shall fully inform the Permanent Select Committee on
Intelligence of the House of Representatives and the Select
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Committee on Intelligence of the Senate concerning all
physical searches conducted pursuant to this title. On an
annual basis the Attorney General shall also provide to
those committees a report setting forth with respect to the
preceding calendar year—
‘‘(1) the total number of applications made for
orders approving physical searches under this title;
and
‘‘(2) the total number of such orders either grant-
ed, modified, or denied.
‘‘PENALTIES
‘‘SEC. 306. (a) OFFENSE.—A person is guilty of an
offense if he intentionally—
‘‘(1) under color of law for the purpose of obtain-
ing foreign intelligence information, executes a phys-
ical search within the United States except as author-
ized 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 in-
formation was obtained through physical search not
authorized by statute, for the purpose of obtaining in-
telligence information.
‘‘(b) DEFENSE.—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
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duties and the physical search was authorized by and con-
ducted pursuant to a search warrant or court order of a
court of competent jurisdiction.
‘‘(c) PENALTY.—An offense described in this section is
punishable by a fine of not more than $10,000 or imprison-
ment for not more than five years, or both.
‘‘(d) JURISDICTION.—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
‘‘SEC. 307. CIVIL ACTION.—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 306
shall have a cause of action against any person who com-
mitted 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 inves-
tigative and litigation costs reasonably incurred.
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‘‘AUTHORIZATION DURING TIME OF WAR
‘‘SEC. 308. Notwithstanding any other law, the Presi-
dent, 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 Con-
gress.
‘‘DEFINITIONS
‘‘SEC. 309. As used in this title:
‘‘(1) The terms ‘foreign power’, ‘agent of a for-
eign power’, ‘international terrorism’, ‘sabotage’, ‘for-
eign intelligence information’, ‘Attorney General’,
‘United States person’, ‘United States’, ‘person’, and
‘State’ shall have the same meanings as in section
101 of this Act.
‘‘(2) ‘Aggrieved person’ means a person whose
premises, property, information, or material is the
target of physical search or any other person whose
premises, property, information, or material was sub-
ject to physical search.
‘‘(3) ‘Foreign Intelligence Surveillance Court’
means the court established by section 103(a) of this
Act.
‘‘(4) ‘Minimization procedures’ with respect to
physical search, means—
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‘‘(A) specific procedures, which shall be
adopted by the Attorney General, that are rea-
sonably designed in light of the purposes and
technique of the particular physical search, to
minimize the acquisition and retention, and pro-
hibit the dissemination, of nonpublicly available
information concerning unconsenting United
States persons consistent with the need of the
United States to obtain, produce, and dissemi-
nate foreign intelligence information;
‘‘(B) procedures that require that non-pub-
licly available information, which is not foreign
intelligence information, as defined in section
101(e) (1) of this Act, shall not be disseminated
in a manner that identifies any United States
person, without such person’s consent, unless
such person’s identity is necessary to understand
such foreign intelligence information or assess its
importance; and
‘‘(C) notwithstanding subparagraphs (A)
and (B), procedures that allow for the retention
and dissemination of information that is evi-
dence of a crime which has been, is being, or is
about to be committed and that is to be retained
or disseminated for law enforcement purposes.
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‘‘(5) ‘Physical search’ means any physical intru-
sion into premises or property (including examina-
tion of the interior of property by technical means)
that is intended to result in a seizure, reproduction,
inspection, or alteration of information, material, or
property, under circumstances in which a person has
a reasonable expectation of privacy and a warrant
would be required for law enforcement purposes, but
does not include ‘electronic surveillance’, as defined in
section 101(f) of this Act.’’.
(b) CLERICAL AMENDMENT.—The table of contents for
the Foreign Intelligence Surveillance Act of 1978 is amend-
ed by striking the items relating to title III and inserting
the following:
‘‘TITLE III—PHYSICAL SEARCHES WITHIN THE UNITED STATES
FOR FOREIGN INTELLIGENCE PURPOSES
‘‘Sec. 301. Authorization of physical searches for foreign intelligence purposes.
‘‘Sec. 302. Application for an order.
‘‘Sec. 303. Issuance of an order.
‘‘Sec. 304. Use of information.
‘‘Sec. 305. Congressional oversight.
‘‘Sec. 306. Penalties.
‘‘Sec. 307. Civil liability.
‘‘Sec. 308. Authorization during time of war.
‘‘Sec. 309. Definitions.
‘‘TITLE IV—EFFECTIVE DATE
‘‘Sec. 401. Effective Date.’’.
(c) EFFECTIVE DATE.—The amendments made by sub-
sections (a) and (b) shall take effect 90 days after the date
of enactment of this Act, except that any physical search
approved by the Attorney General to gather foreign intel-
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ligence information shall not be deemed unlawful for failure
to follow the procedures of title III of the Foreign Intel-
ligence Surveillance Act of 1978 (as added by this Act), if
that search is conducted within 180 days after the date of
enactment of this Act pursuant to regulations issued by the
Attorney General, which were in the possession of the Select
Committee on Intelligence of the Senate and the Permanent
Select Committee on Intelligence of the House of Represent-
atives before the date of enactment of this Act.
SEC. 710. LESSER CRIMINAL OFFENSE FOR UNAUTHORIZED
REMOVAL OF CLASSIFIED DOCUMENTS.
(a) IN GENERAL.—Chapter 93 of title 18, United
States Code, is amended by adding at the end the following
new section:
‘‘§ 1924. Unauthorized removal and retention of clas-
sified documents or material
‘‘(a) IN GENERAL.—Whoever, being an officer, em-
ployee, contractor, or consultant of the United States, and,
by virtue of his office, employment, position, or contract,
becomes possessed of documents or materials containing
classified information of the United States, knowingly re-
moves such documents or materials without authority and
with the intent to retain such documents or materials at
an unauthorized location shall be fined not more than
$1,000, or imprisoned for not more than 1 year, or both.
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‘‘(b) DEFINITION.—In this section, the term ‘classified
information of the United States’ means information origi-
nated, owned, or possessed by the United States Government
concerning the national defense or foreign relations of the
United States that has been determined pursuant to law
or Executive order to require protection against unauthor-
ized disclosure in the interests of national security.’’.
(b) CLERICAL AMENDMENT.—The table of sections at
the beginning of such chapter is amended by adding at the
end the following:
‘‘1924. Unauthorized removal and retention of classified documents or material.’’.
SEC. 711. REPORTS ON FOREIGN INDUSTRIAL ESPIONAGE.
(a) IN GENERAL.—(1) In order to assist Congress in
its oversight functions with respect to this Act and to im-
prove the awareness of United States industry of foreign
industrial espionage and the ability of such industry to pro-
tect against such espionage, the President shall submit to
Congress a report that describes, as of the time of the report,
the following:
(A) The respective policy functions and oper-
ational roles of the agencies of the executive branch of
the Federal Government in identifying and counter-
ing threats to United States industry of foreign in-
dustrial espionage, including the manner in which
such functions and roles are coordinated.
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(B) The means by which the Federal Government
communicates information on such threats, and on
methods to protect against such threats, to United
States industry in general and to United States com-
panies known to be targets of foreign industrial espio-
nage.
(C) The specific measures that are being or could
be undertaken in order to improve the activities re-
ferred to in subparagraphs (A) and (B), including
proposals for any modifications of law necessary to
facilitate the undertaking of such activities.
(D) The threat to United States industry of for-
eign industrial espionage and any trends in that
threat, including—
(i) the number and identity of the foreign
governments conducting foreign industrial espio-
nage;
(ii) the industrial sectors and types of infor-
mation and technology targeted by such espio-
nage; and
(iii) the methods used to conduct such espio-
nage.
(2) The President shall submit the report required
under this subsection not later than 6 months after the date
of the enactment of this Act.
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(b) ANNUAL UPDATE.—Not later than 1 year after the
date referred to in paragraph (2) of subsection (a), and on
the expiration of each year thereafter, the President shall
submit to Congress a report updating the information re-
ferred to in paragraph (1)(D) of that subsection.
(c) FORM
OF REPORTS.—To the maximum extent
practicable, the reports referred to in subsections (a) and
(b) shall be submitted in an unclassified form, but may be
accompanied by a classified appendix.
(d) REPORT UNDER DEFENSE PRODUCTION ACT.—
Section 721(k)(1)(B) of the Defense Production Act of 1950
(50 U.S.C. App. 2170(k)(1)(B)) is amended by inserting
‘‘or directly assisted’’ after ‘‘directed’’.
(e) DEFINITION.—For the purposes of this section,
‘‘foreign industrial espionage’’ means industrial espionage
conducted by a foreign government or by a foreign company
with direct assistance of a foreign government against a
private United States company and aimed at obtaining
commercial secrets.
SEC. 712 COUNTERNARCOTICS TARGETS FUNDING.
Not less than $10,000,000 from the NSA base budget
shall be transferred to United States Army signals intel-
ligence activities directed at counternarcotics targets. A de-
tailed operations plan with special emphasis on the United
States/Mexico border and including the participation of the
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National Security Agency, the Drug Enforcement Adminis-
tration, the Federal Bureau of Investigation, and the Unit-
ed States Customs Service, shall be provided to the Senate
Select Committee on Intelligence and the House Permanent
Select Committee on Intelligence no later than November
15, 1994. This plan shall include a detailed description of
the planned targets and the type of intelligence collection,
dissemination, analysis and tasking that will be included
in these operations.
TITLE 
VIII—COMMISSION 
ON
THE ROLES AND CAPABILI-
TIES OF THE UNITED STATES
INTELLIGENCE COMMUNITY
SEC. 801. ESTABLISHMENT.
There is established a commission to be known as the
Commission on the Roles and Capabilities of the United
States Intelligence Community (hereafter in this title re-
ferred to as the ‘‘Commission’’).
SEC. 802. COMPOSITION AND QUALIFICATIONS.
(a) MEMBERSHIP.—(1) The Commission shall be com-
posed of 17 members, as follows:
(A) Nine members shall be appointed by the
President from private life, no more than four of
whom shall have previously held senior leadership po-
sitions in the intelligence community.
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(B) Two members shall be appointed by the Ma-
jority Leader of the Senate, of whom one shall be a
Member of the Senate and one shall be from private
life.
(C) Two members shall be appointed by the Mi-
nority Leader of the Senate, of whom one shall be a
Member of the Senate and one shall be from private
life.
(D) Two members shall be appointed by the
Speaker of the House of Representatives, of whom one
shall be a Member of the House and one shall be from
private life.
(E) Two members shall be appointed by the Mi-
nority Leader of the House of Representatives, of
whom one shall be a Member of the House and one
shall be from private life.
(2) The members of Commission appointed from pri-
vate life under paragraph (1) shall be persons of dem-
onstrated ability and accomplishment in government, busi-
ness, law, academe, journalism, or other profession, who
have a substantial background in national security matters.
(b) CHAIRMAN.—The President shall designate one of
the members appointed from private life to serve as Chair-
man of the Commission.
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(c) PERIOD OF APPOINTMENT; VACANCIES.—Members
shall be appointed for the life of the Commission. Any va-
cancy in the Commission shall not affect its powers but
shall be filled in the same manner as the original appoint-
ment.
(d) DEADLINE
FOR APPOINTMENTS.—The appoint-
ments required by section subsection (a) shall be made with-
in 45 days after the date of enactment of this Act.
(e) MEETINGS.—(1) The Commission shall meet at the
call of the Chairman.
(2) The Commission shall hold its first meeting not
later than four months after the date of enactment of this
Act.
(f) QUORUM.—Nine members of the Commission shall
constitute a quorum, but a lesser number of members may
hold hearings, take testimony, or receive evidence.
(g) SECURITY CLEARANCES.—Appropriate security
clearances shall be required for members of the Commission
who are private United States citizens. Such clearances
shall be processed and completed on an expedited basis by
appropriate elements of the executive branch of Government
and shall, in any case, be completed within 90 days of the
date such members are appointed.
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SEC. 803. DUTIES OF THE COMMISSION.
(a) IN GENERAL.—It shall be the duty of the Commis-
sion—
(1) to review the efficacy and appropriateness of
the activities of the United States intelligence commu-
nity in the post-Cold War global environment; and
(2) to prepare and transmit the reports described
in section 804.
(b) IMPLEMENTATION.—In carrying out subsection
(a), the Commission shall specifically consider the follow-
ing:
(1) What should be the roles and missions of the
intelligence community in terms of providing support
to the defense and foreign policy establishments.
(2) Whether the roles and missions of the intel-
ligence community should extend beyond the tradi-
tional areas of providing support to the defense and
foreign policy establishments, and, if so, what areas
should be considered legitimate for intelligence collec-
tion and analysis, and whether such areas should in-
clude for example, economic issues, environmental is-
sues, and health issues.
(3) What functions, if any, should continue to be
assigned the Central Intelligence Agency and what ca-
pabilities should it retain for the future.
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(4) Whether the existing organization and man-
agement framework of the Central Intelligence Agency
provide the optimal structure for the accomplishment
of its mission.
(5) Whether existing principles and strategies
governing the acquisition and maintenance of intel-
ligence collection capabilities should be retained and
what collection capabilities should the Government re-
tain to meet future contingencies.
(6) Whether intelligence analysis, as it is cur-
rently structured and executed, adds sufficient value
to information otherwise available to the Government
to justify its continuation, and, if so, at what level
of resources.
(7) Whether the existing decentralized system of
intelligence analysis results in significant waste or
duplication, and, if so, what can be done to correct
these deficiencies.
(8) Whether the existing arrangements for allo-
cating available resources to accomplish the roles and
missions assigned to intelligence agencies are ade-
quate.
(9) Whether the existing framework for coordi-
nating among intelligence agencies with respect to in-
telligence collection and analysis and other activities,
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including training and operational activities, pro-
vides an optimal structure for such coordination.
(10) Whether current personnel policies and
practices of intelligence agencies provide an optimal
work force to satisfy the needs of intelligence consum-
ers.
(11) Whether resources for intelligence activities
should continue to be allocated as part of the defense
budget or be treated by the President and Congress as
a separate budgetary program.
(12) Whether the existing levels of resources allo-
cated for intelligence collection or intelligence analy-
sis, or to provide a capability to conduct covert ac-
tions, are seriously at variance with United States
needs.
(13) Whether there are areas of redundant or
overlapping activity or areas where there is evidence
of serious waste, duplication, or mismanagement.
(14) To what extent, if any, should the budget for
United States intelligence activities be publicly dis-
closed.
(15) To what extent, if any, should the United
States intelligence community collect information
bearing upon private commercial activity and the
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manner in which such information should be con-
trolled and disseminated.
(16) Whether counterintelligence policies and
practices are adequate to ensure that employees of in-
telligence agencies are sensitive to security problems,
and whether intelligence agencies themselves have ade-
quate authority and capability to address perceived
security problems.
(17) The manner in which the size, missions, ca-
pabilities, and resources of the United States intel-
ligence community compare to those of the Govern-
ments of the United Kingdom, Canada, Australia,
France, Israel, Russia, and Germany.
(18) Whether existing collaborative arrangements
between the United States and other countries in the
area of intelligence cooperation should be maintained
and whether such arrangements should be expanded to
provide for increased burdensharing.
(19) Whether existing arrangements for sharing
intelligence with multinational organizations in sup-
port of mutually-shared objectives are adequate.
SEC. 804. REPORTS.
(a) INITIAL REPORT.—Not later than two months after
the first meeting of the Commission, the Commission shall
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transmit to the congressional intelligence committees a re-
port setting forth its plan for the work of the Commission.
(b) INTERIM REPORTS.—Prior to the submission of the
report required by subsection (c), the Commission may issue
such interim reports as it finds necessary and desirable.
(c) FINAL REPORT.—No later than March 1, 1996, the
Commission shall submit to the President and to the con-
gressional intelligence committees a report setting forth the
activities, findings, and recommendations of the Commis-
sion, including any recommendations for the enactment of
legislation that the Commission considers advisable. To the
extent feasible, such report shall be unclassified and made
available to the public. Such report shall be supplemented
as necessary by a classified report or annex, which shall
be provided separately to the President and the congres-
sional intelligence committees.
SEC. 805. POWERS.
(a) HEARINGS.—The Commission or, at its direction,
any panel or member of the Commission, may, for the pur-
pose of carrying out the provisions of this section, hold hear-
ings, sit and act at times and places, take testimony, receive
evidence, and administer oaths to the extent that the Com-
mission or any panel or member considers advisable.
(b) INFORMATION FROM FEDERAL AGENCIES.—The
Commission may secure directly from any intelligence
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agency or from any other Federal department or agency
any information that the Commission considers necessary
to enable the Commission to carry out its responsibilities
under this section. Upon request of the Chairman of the
Commission, the head of any such department or agency
shall furnish such information expeditiously to the Commis-
sion.
(c) POSTAL SERVICES.—The Commission may use the
United States mails and obtain printing and binding serv-
ices in the same manner and under the same conditions
as other departments and agencies of the Federal Govern-
ment.
(d) SUBCOMMITTEES.—The Commission may establish
panels composed of less than the full membership of the
Commission for the purpose of carrying out the Commis-
sion’s duties. The actions of each such panel shall be subject
to the review and control of the Commission. Any findings
and determinations made by such a panel shall not be con-
sidered the findings and determinations of the Commission
unless approved by the Commission.
(e) AUTHORITY OF INDIVIDUALS TO ACT FOR COMMIS-
SION.—Any member or agent of the Commission may, if
authorized by the Commission, take any action which the
Commission is authorized to take under this title.
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SEC. 806. PERSONNEL MATTERS.
(a) COMPENSATION OF MEMBERS.—Each member of
the Commission who is a private United States citizen shall
be paid at a rate equal to the daily equivalent of the annual
rate of basic pay payable for level V of the Executive Sched-
ule under section 5316 of title 5, United States Code, for
each day (including travel time) during which the member
is engaged in the performance of the duties of the Commis-
sion. All members of the Commission who are Members of
Congress shall serve without compensation in addition to
that received for their services as Members of Congress.
(b) TRAVEL EXPENSES.—Each member of the Com-
mission shall be allowed travel expenses, including per diem
in lieu of subsistence, at rates authorized for employees of
agencies under subchapter I of chapter 57 of title 5, United
States Code, while away from their homes or regular places
of business in the performance of services for the Commis-
sion.
(c) STAFF.—
(1) IN GENERAL.—The Chairman of the Com-
mission may, without regard to the provisions of title
5, United States Code, governing appointments in the
competitive service, appoint a staff director and such
additional personnel as may be necessary to enable
the Commission to perform its duties. The appoint-
ment of a staff director shall be subject to the ap-
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proval of the Commission. No member of the staff
shall be a current officer or employee of the intel-
ligence community.
(2) COMPENSATION.—The Chairman of the Com-
mission may fix the pay of the staff director and
other personnel without regard to the provisions of
chapter 51 and subchapter III of chapter 53 of title
5, United States Code, relating to classification of po-
sitions and General Schedule pay rates, except that
the rate of pay fixed under this paragraph for the
staff director may not exceed the rate payable for level
V of the Executive Schedule under section 5316 of
such title and the rate of pay for other personnel may
not exceed the maximum rate payable for grade GS–
15 of the General Schedule.
(d) DETAIL OF GOVERNMENT EMPLOYEES.—Upon re-
quest of the Chairman of the Commission, the head of any
Federal department or agency may detail, on a non-reim-
bursable basis, any personnel of that department or agency
to the Commission to assist it in carrying out its adminis-
trative and clerical functions, except that no person shall
be detailed to the staff of the Commission who is an officer
or employee of an intelligence agency.
(e) PROCUREMENT OF TEMPORARY AND INTERMIT-
TENT SERVICES.—The Chairman of the Commission may
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procure temporary and intermittent services under section
3109(b) of title 5, United States Code, at rates for individ-
uals which do not exceed the daily equivalent of the annual
rate of basic pay payable for level V of the Executive Sched-
ule under section 5316 of such title.
(f) ADMINISTRATIVE AND SUPPORT SERVICES.—The
Director of Central Intelligence shall furnish the Commis-
sion, on a non-reimbursable basis, any administrative and
support services requested by the Commission consistent
with this title.
SEC. 807. PAYMENT OF COMMISSION EXPENSES.
The compensation, travel expenses, per diem allow-
ances of members and employees of the Commission, and
other expenses of the Commission shall be paid out of funds
available to the Director of Central Intelligence for the pay-
ment of compensation, travel allowances, and per diem al-
lowances, respectively, of employees of the Central Intel-
ligence Agency.
SEC. 808. TERMINATION OF THE COMMISSION.
The Commission shall terminate one month after the
date of the submission of the report required by section
804(c).
SEC. 809. DEFINITIONS.
For purposes of this title—
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(1) the term ‘‘intelligence agency’’ means any
agency, office, or element of the intelligence commu-
nity;
(2) the term ‘‘intelligence community’’ shall have
the same meaning as set forth in section 3(4) of the
National Security Act of 1947 (50 U.S.C. 401a(4));
and
(3) the term ‘‘congressional intelligence commit-
tees’’ refers to the Select Committee on Intelligence of
the Senate and the Permanent Select Committee on
Intelligence of the House of Representatives.
Attest:
Secretary.
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