18 U.S.C. § 2712 : US Code - Section 2712: Civil actions against the United States

Search 18 U.S.C. § 2712 : US Code - Section 2712: Civil actions against the United States

(a) In General. - Any person who is aggrieved by any willful
violation of this chapter or of chapter 119 of this title or of
sections 106(a), 305(a), or 405(a) of the Foreign Intelligence
Surveillance Act of 1978 (50 U.S.C. 1801 et seq.) may commence an
action in United States District Court against the United States to
recover money damages. In any such action, if a person who is
aggrieved successfully establishes such a violation of this chapter
or of chapter 119 of this title or of the above specific provisions
of title 50, the Court may assess as damages -
(1) actual damages, but not less than $10,000, whichever amount
is greater; and
(2) litigation costs, reasonably incurred.
(b) Procedures. - (1) Any action against the United States under
this section may be commenced only after a claim is presented to
the appropriate department or agency under the procedures of the
Federal Tort Claims Act, as set forth in title 28, United States
Code.
(2) Any action against the United States under this section shall
be forever barred unless it is presented in writing to the
appropriate Federal agency within 2 years after such claim accrues
or unless action is begun within 6 months after the date of
mailing, by certified or registered mail, of notice of final denial
of the claim by the agency to which it was presented. The claim
shall accrue on the date upon which the claimant first has a
reasonable opportunity to discover the violation.
(3) Any action under this section shall be tried to the court
without a jury.
(4) Notwithstanding any other provision of law, the procedures
set forth in section 106(f), 305(g), or 405(f) of the Foreign
Intelligence Surveillance Act of 1978 (50 U.S.C. 1801 et seq.)
shall be the exclusive means by which materials governed by those
sections may be reviewed.
(5) An amount equal to any award against the United States under
this section shall be reimbursed by the department or agency
concerned to the fund described in section 1304 of title 31, United
States Code, out of any appropriation, fund, or other account
(excluding any part of such appropriation, fund, or account that is
available for the enforcement of any Federal law) that is available
for the operating expenses of the department or agency concerned.
(c) Administrative Discipline. - If a court or appropriate
department or agency determines that the United States or any of
its departments or agencies has violated any provision of this
chapter, and the court or appropriate department or agency finds
that the circumstances surrounding the violation raise serious
questions about whether or not an officer or employee of the United
States acted willfully or intentionally with respect to the
violation, the department or agency shall, upon receipt of a true
and correct copy of the decision and findings of the court or
appropriate department or agency promptly initiate a proceeding to
determine whether disciplinary action against the officer or
employee is warranted. If the head of the department or agency
involved determines that disciplinary action is not warranted, he
or she shall notify the Inspector General with jurisdiction over
the department or agency concerned and shall provide the Inspector
General with the reasons for such determination.
(d) Exclusive Remedy. - Any action against the United States
under this subsection shall be the exclusive remedy against the
United States for any claims within the purview of this section.
(e) Stay of Proceedings. - (1) Upon the motion of the United
States, the court shall stay any action commenced under this
section if the court determines that civil discovery will adversely
affect the ability of the Government to conduct a related
investigation or the prosecution of a related criminal case. Such a
stay shall toll the limitations periods of paragraph (2) of
subsection (b).
(2) In this subsection, the terms "related criminal case" and
"related investigation" mean an actual prosecution or investigation
in progress at the time at which the request for the stay or any
subsequent motion to lift the stay is made. In determining whether
an investigation or a criminal case is related to an action
commenced under this section, the court shall consider the degree
of similarity between the parties, witnesses, facts, and
circumstances involved in the 2 proceedings, without requiring that
any one or more factors be identical.
(3) In requesting a stay under paragraph (1), the Government may,
in appropriate cases, submit evidence ex parte in order to avoid
disclosing any matter that may adversely affect a related
investigation or a related criminal case. If the Government makes
such an ex parte submission, the plaintiff shall be given an
opportunity to make a submission to the court, not ex parte, and
the court may, in its discretion, request further information from
either party.