18 U.S.C. § 2713 — Required preservation and disclosure of

Page 670 TITLE 18—CRIMES AND CRIMINAL PROCEDURE § 2713 shall accrue on the date upon which the claim- ant first has a reasonable opportunity to dis- cover 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 Sur- veillance Act of 1978 (50 U.S.C. 1801 et seq.) shall be the exclusive means by which materials gov- erned by those sections may be reviewed. (5) An amount equal to any award against the United States under this section shall be reim- bursed 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 depart- ment or agency finds that the circumstances surrounding the violation raise serious ques- tions about whether or not an officer or em- ployee of the United States acted willfully or in- tentionally with respect to the violation, the de- partment 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 de- partment or agency involved determines that disciplinary action is not warranted, he or she shall notify the Inspector General with jurisdic- tion 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 sec- tion. (e) STAY OF PROCEEDINGS.—(1) Upon the mo- tion of the United States, the court shall stay any action commenced under this section if the court determines that civil discovery will ad- versely affect the ability of the Government to conduct a related investigation or the prosecu- tion 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 com- menced under this section, the court shall con- sider the degree of similarity between the par- ties, witnesses, facts, and circumstances in- volved 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, sub- mit evidence ex parte in order to avoid dis- closing any matter that may adversely affect a related investigation or a related criminal case. If the Government makes such an ex parte sub- mission, the plaintiff shall be given an oppor- tunity to make a submission to the court, not ex parte, and the court may, in its discretion, re- quest further information from either party. (Added Pub. L. 107–56, title II, § 223(c)(1), Oct. 26, 2001, 115 Stat. 294.) Editorial Notes REFERENCES IN TEXT Sections 106, 305, and 405 of the Foreign Intelligence Surveillance Act of 1978, referred to in subsecs. (a) and (b)(4), are classified to sections 1806, 1825, and 1845, re- spectively, of Title 50, War and National Defense. The Federal Tort Claims Act, referred to in subsec. (b)(1), is title IV of act Aug. 2, 1946, ch. 753, 60 Stat. 842, which was classified principally to chapter 20 (§§ 921, 922, 931–934, 941–946) of former Title 28, Judicial Code and Judiciary. Title IV of act Aug. 2, 1946, was substan- tially repealed and reenacted as sections 1346(b) and 2671 et seq. of Title 28, Judiciary and Judicial Proce- dure, by act June 25, 1948, ch. 646, 62 Stat. 992, the first section of which enacted Title 28. The Federal Tort Claims Act is also commonly used to refer to chapter 171 of Title 28, Judiciary and Judicial Procedure. For complete classification of title IV to the Code, see Ta- bles. For distribution of former sections of Title 28 into the revised Title 28, see Table at the beginning of Title 28. § 2713. Required preservation and disclosure of communications and records A provider of electronic communication serv- ice or remote computing service shall comply with the obligations of this chapter to preserve, backup, or disclose the contents of a wire or electronic communication and any record or other information pertaining to a customer or subscriber within such provider’s possession, custody, or control, regardless of whether such communication, record, or other information is located within or outside of the United States. (Added Pub. L. 115–141, div. V, § 103(a)(1), Mar. 23, 2018, 132 Stat. 1214.) CHAPTER 123—PROHIBITION ON RELEASE AND USE OF CERTAIN PERSONAL INFOR- MATION FROM STATE MOTOR VEHICLE RECORDS Sec. 2721. Prohibition on release and use of certain per- sonal information from State motor vehicle records. 2722. Additional unlawful acts. 2723. Penalties. 2724. Civil action. 2725. Definitions. Editorial Notes AMENDMENTS 1996—Pub. L. 104–294, title VI, § 604(a)(3), Oct. 11, 1996, 110 Stat. 3506, added analysis. § 2721. Prohibition on release and use of certain personal information from State motor vehi- cle records (a) IN GENERAL.—A State department of motor vehicles, and any officer, employee, or con-