1231 
after such claim accrues or unless action is begun within 
6 months after the date of mailing, by certified or reg-
istered 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 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, out of any appropriation, fund, 
or other account (excluding any part of such appropria-
tion, fund, or account that is available for the enforcement 
of any Federal law) that is available for the operating ex-
penses of the department or agency concerned. 
‘‘(c) ADMINISTRATIVE DISCIPLINE.—If a court or ap-
propriate 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 
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appropriate department or agency finds that the cir-
cumstances surrounding the violation raise serious ques-
tions 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 re-
ceipt of a true and correct copy of the decision and find-
ings of the court or appropriate department or agency 
promptly initiate a proceeding to determine whether dis-
ciplinary action against the officer or employee is war-
ranted. 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 deter-
mination. 
‘‘(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 com-
menced under this section if the court determines that civil 
discovery will adversely affect the ability of the Govern-
ment to conduct a related investigation or the prosecution 
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of a related criminal case. Such a stay shall toll the limita-
tions periods of paragraph (2) of subsection (b). 
‘‘(2) In this subsection, the terms ‘related criminal 
case’ and ‘related investigation’ mean an actual prosecu-
tion 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 simi-
larity between the parties, witnesses, facts, and cir-
cumstances involved in the 2 proceedings, without requir-
ing 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 crimi-
nal case. If the Government makes such an ex parte sub-
mission, 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.’’; and 
(2) by inserting at the end of chapter 213 the 
following: 
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‘‘§ 3301 Hate crime acts 
‘‘(a) OFFENSES NOT RESULTING IN DEATH.—Ex-
cept as provided in paragraph (2), no person shall be pros-
ecuted, tried, or punished for any offense under section 
901 unless the indictment for such offense is found, or 
the information for such offense is instituted, not later 
than 7 years after the date on which the offense was com-
mitted. 
‘‘(b) DEATH RESULTING OFFENSES.—An indictment 
or information alleging that an offense under section 901 
resulted in death may be found or instituted at any time 
without limitation.’’. 
Æ 
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