1239 
‘‘(d) DISSEMINATION BY BUREAU.—The Federal Bu-
reau of Investigation may disseminate information and 
records obtained under this section only as provided in 
guidelines approved by the Attorney General for foreign 
intelligence collection and foreign counterintelligence in-
vestigations conducted by the Federal Bureau of Inves-
tigation, and, with respect to dissemination to an agency 
of the United States, only if such information is clearly 
relevant to the authorized responsibilities of such agency. 
‘‘(e) REQUIREMENT THAT CERTAIN CONGRESSIONAL 
BODIES BE INFORMED.—On a semiannual basis the Di-
rector of the Federal Bureau of Investigation shall fully 
inform the Permanent Select Committee on Intelligence 
of the House of Representatives and the Select Committee 
on Intelligence of the Senate, and the Committee on the 
Judiciary of the House of Representatives and the Com-
mittee on the Judiciary of the Senate, concerning all re-
quests made under subsection (b) of this section. 
‘‘(f) LIBRARIES.—A library (as that term is defined 
in section 213(1) of the Library Services and Technology 
Act), the services of which include access to the Internet, 
books, journals, magazines, newspapers, or other similar 
forms of communication in print or digitally by patrons 
for their use, review, examination, or circulation, is not 
a wire or electronic communication service provider for 
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purposes of this section, unless the library is providing the 
services defined in section 1491 (‘electronic communica-
tion service’). 
‘‘§ 3120H. Wrongful disclosure of video tape rental or 
sale records 
‘‘(a) DEFINITIONS.—For purposes of this section— 
‘‘(1) the term ‘consumer’ means any renter, 
purchaser, or subscriber of goods or services from a 
video tape service provider; 
‘‘(2) the term ‘ordinary course of business’ 
means only debt collection activities, order fulfill-
ment, request processing, and the transfer of owner-
ship; 
‘‘(3) the term ‘personally identifiable informa-
tion’ includes information which identifies a person 
as having requested or obtained specific video mate-
rials or services from a video tape service provider; 
and 
‘‘(4) the term ‘video tape service provider’ 
means any person, engaged in the business, in or af-
fecting interstate or foreign commerce, of rental, 
sale, or delivery of prerecorded video cassette tapes 
or similar audio visual materials, or any person or 
other entity to whom a disclosure is made under 
subparagraph (D) or (E) of subsection (b)(2), but 
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only with respect to the information contained in the 
disclosure. 
‘‘(b) VIDEO TAPE RENTAL AND SALE RECORDS.— 
(1) A video tape service provider who knowingly discloses, 
to any person, personally identifiable information con-
cerning any consumer of such provider shall be liable to 
the aggrieved person for the relief provided in subsection 
(d). 
‘‘(2) A video tape service provider may disclose per-
sonally identifiable information concerning any con-
sumer— 
‘‘(A) to the consumer; 
‘‘(B) to any person with the informed, written 
consent (including through an electronic means 
using the Internet) of the consumer that— 
‘‘(i) is in a form distinct and separate from 
any form setting forth other legal or financial 
obligations of the consumer; 
‘‘(ii) at the election of the consumer— 
‘‘(I) is given at the time the disclosure 
is sought; or 
‘‘(II) is given in advance for a set pe-
riod of time, not to exceed 2 years or until 
consent is withdrawn by the consumer, 
whichever is sooner; and 
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‘‘(iii) the video tape service provider has 
provided an opportunity, in a clear and con-
spicuous manner, for the consumer to withdraw 
on a case-by-case basis or to withdraw from on-
going disclosures, at the consumer’s election; 
‘‘(C) to a law enforcement agency pursuant to 
a warrant issued under the Federal Rules of Crimi-
nal Procedure, an equivalent State warrant, a grand 
jury subpoena, or a court order; 
‘‘(D) to any person if the disclosure is solely of 
the names and addresses of consumers and if— 
‘‘(i) the video tape service provider has 
provided the consumer with the opportunity, in 
a clear and conspicuous manner, to prohibit 
such disclosure; and 
‘‘(ii) the disclosure does not identify the 
title, description, or subject matter of any video 
tapes or other audio visual material; however, 
the subject matter of such materials may be 
disclosed if the disclosure is for the exclusive 
use of marketing goods and services directly to 
the consumer; 
‘‘(E) to any person if the disclosure is incident 
to the ordinary course of business of the video tape 
service provider; or 
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‘‘(F) pursuant to a court order, in a civil pro-
ceeding upon a showing of compelling need for the 
information that cannot be accommodated by any 
other means, if— 
‘‘(i) the consumer is given reasonable no-
tice, by the person seeking the disclosure, of the 
court proceeding relevant to the issuance of the 
court order; and 
‘‘(ii) the consumer is afforded the oppor-
tunity to appear and contest the claim of the 
person seeking the disclosure. 
If an order is granted pursuant to subparagraph (C) or 
(F), the court shall impose appropriate safeguards against 
unauthorized disclosure. 
‘‘(3) Court orders authorizing disclosure under sub-
paragraph (C) shall issue only with prior notice to the con-
sumer and only if the law enforcement agency shows that 
there is probable cause to believe that the records or other 
information sought are relevant to a legitimate law en-
forcement inquiry. In the case of a State government au-
thority, such a court order shall not issue if prohibited 
by the law of such State. A court issuing an order pursu-
ant to this section, on a motion made promptly by the 
video tape service provider, may quash or modify such 
order if the information or records requested are unrea-
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sonably voluminous in nature or if compliance with such 
order otherwise would cause an unreasonable burden on 
such provider. 
‘‘(c) CIVIL ACTION.—(1) Any person aggrieved by 
any act of a person in violation of this section may bring 
a civil action in a United States district court. 
‘‘(2) The court may award— 
‘‘(A) actual damages but not less than liq-
uidated damages in an amount of $2,500; 
‘‘(B) punitive damages; 
‘‘(C) reasonable attorneys’ fees and other litiga-
tion costs reasonably incurred; and 
‘‘(D) such other preliminary and equitable relief 
as the court determines to be appropriate. 
‘‘(3) No action may be brought under this subsection 
unless such action is begun within 2 years from the date 
of the act complained of or the date of discovery. 
‘‘(4) No liability shall result from lawful disclosure 
permitted by this section. 
‘‘(d) PERSONALLY IDENTIFIABLE INFORMATION.— 
Personally identifiable information obtained in any man-
ner other than as provided in this section shall not be re-
ceived in evidence in any trial, hearing, arbitration, or 
other proceeding in or before any court, grand jury, de-
partment, officer, agency, regulatory body, legislative com-
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mittee, or other authority of the United States, a State, 
or a political subdivision of a State. 
‘‘(e) DESTRUCTION OF OLD RECORDS.—A person 
subject to this section shall destroy personally identifiable 
information as soon as practicable, but no later than one 
year from the date the information is no longer necessary 
for the purpose for which it was collected and there are 
no pending requests or orders for access to such informa-
tion under subsection (b)(2) or (c)(2) or pursuant to a 
court order. 
‘‘§ 3120I. Definitions for chapter 
‘‘As used in this chapter— 
‘‘(1) unless otherwise provided, a term defined 
in section 1491 has the same meaning given that 
term in that section; 
‘‘(2) the term ‘remote computing service’ means 
the provision to the public of computer storage or 
processing services by means of an electronic com-
munications system; 
‘‘(3) the term ‘court of competent jurisdiction’ 
includes— 
‘‘(A) any district court of the United 
States (including a magistrate judge of such a 
court) or any United States court of appeals 
that— 
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‘‘(i) has jurisdiction over the offense 
being investigated; 
‘‘(ii) is in or for a district in which the 
provider of a wire or electronic communica-
tion service is located or in which the wire 
or electronic communications, records, or 
other information are stored; or 
‘‘(iii) is acting on a request for foreign 
assistance pursuant to section 3512; or 
‘‘(B) a court of general criminal jurisdic-
tion of a State authorized by the law of that 
State to issue search warrants; and 
‘‘(4) the term ‘governmental entity’ means a de-
partment or agency of the United States or any 
State or political subdivision thereof. 
‘‘§ 3120J. Civil actions against the United States 
‘‘(a) IN GENERAL.—Any person who is aggrieved by 
any willful violation of subchapter B or C of chapter 37 
or of sections 106(a), 305(a), or 405(a) of the Foreign 
Intelligence Surveillance Act of 1978 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 subchapter B or C of chapter 37 or of the 
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above specified 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. 
‘‘(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 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 
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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 
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 
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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 
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. 
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‘‘(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: 
‘‘§ 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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