§2712 Civil actions against the United States

Summary

You can sue the United States in federal court if you were harmed by a willful violation of this chapter, chapter 119, or sections 106(a), 305(a), or 405(a) of the Foreign Intelligence Surveillance Act of 1978 (50 U.S.C. 1801 et seq.). If you win, the court can award your actual losses, but not less than $10,000, plus reasonably incurred litigation costs. You must first present a written claim to the right department or agency under the Federal Tort Claims Act rules (title 28). The written claim must be made within 2 years after you could reasonably discover the violation. If the agency denies the claim, you must start a lawsuit within 6 months after the agency mails its final denial. Cases under this rule are decided by a judge, not a jury. Any money the court orders must be repaid by the responsible department or agency to the Treasury fund named in section 1304 of title 31, using its operating funds but not money set aside for enforcing federal law. If a court or agency finds a violation and thinks it might have been willful, the agency must promptly start a disciplinary review; if no discipline is taken, the agency head must notify the Inspector General and explain why. For materials covered by sections 106(f), 305(g), or 405(f) of FISA, those FISA procedures are the only way to review them. The government can ask the court to pause the case if civil discovery would harm a related investigation or prosecution; that pause stops the time limits. The government may submit secret (ex parte) evidence to the judge when needed, and you may respond to the judge publicly.