(g) the information required by paragraphs (b) through (f) of this subsection with respect to orders or extensions obtained in a preceding calendar year. (3) In April of each year the Director of the Administrative Office of the United States Courts shall transmit to the Congress a full and complete report concerning the number of applications for orders authorizing or approving the interception of wire, oral, or electronic communications pursuant to this chapter and the number of orders and extensions granted or denied pursuant to this chapter during the preceding calendar year. Such report shall include a summary and analysis of the data required to be filed with the Administrative Office by subsections (1) and (2) of this section. The Director of the Administrative Office of the United States Courts is authorized to issue binding regulations dealing with the content and form of the reports required to be filed by subsections (1) and (2) of this section. 22 § 2520. Recovery of civil damages authorized (a) IN GENERAL.-Except as provided in section 2511(2)(a)(ii), any person whose wire, oral, or electronic communication is intercepted, disclosed, or intentionally used in violation of this chapter may in a civil action recover from the person or entity which engaged in that violation such relief as may be appropriate. (b) RELIEF.-In an action under this section, appropriate relief includes (1) such preliminary and other equitable or declaratory relief as may be appropriate; (2) damages under subsection (c) and punitive damages in appropriate cases; and (3) a reasonable attorney's fee and other litigation costs reasonably incurred. (c) COMPUTATION OF DAMAGES.-(1) In an action under this section, if the conduct in violation of this chapter is the private viewing of a private satellite video communication that is not scrambled or encrypted or if the communication is a radio communication that is transmitted on frequencies allocated under subpart D of part 74 of the rules of the Federal Communications Commission that is not scrambled or encrypted and the conduct is not for a tortious or illegal purpose or for purposes of direct or indirect commercial advantage or private commercial gain, then the court shall assess damages as follows: (A) if the person who engaged in that conduct has not previously been enjoined under section 2511(5) and has not been found liable in a prior civil action under this section, the court shall assess the greater of the sum of actual damages suffered by the plaintiff, or statutory damages of not less than $50 and not more than $500. (B) If, on one prior occasion, the person who engaged in that conduct has been enjoined under section 2511(5) or has been found liable in a civil action under this section, the court shall 22 Section 2519(3) was amended by Public Law 95-511, approved October 25, 1978, 92 Stat. 1783, 1798, by inserting "pursuant to this chapter" after "wire or oral communications" and after "granted or denied." assess the greater of the sum of actual damages suffered by the plaintiff, or statutory damages of not less than $100 and not more than $1000. (2) In any other action under this section, the court may assess as damages whichever is the greater of (A) the sum of the actual damages suffered by the plaintiff and any profits made by the violator as a result of the violation; or (B) statutory damages of whichever is the greater of $100 a day for each day of violation or $10,000. (d) DEFENSE.-A good faith reliance on (1) a court warrant or order, a grand jury subpoena, a legislative authorization, or a statutory authorization; (2) a request of an investigative or law enforcement officer under section 2518(7) of this title; or (3) a good faith determination that section 2511(3) of this title permitted the conduct complained of; is a complete defense against any civil or criminal action brought under this chapter or any other law. (e) LIMITATION.-A civil action under this section may not be commenced later than two years after the date upon which the claimant first has a reasonable opportunity to discover the violation. § 2521. Injunction against illegal interception Whenever it shall appear that any person is engaged or is about to engage in any act which constitutes or will constitute a felony violation of this chapter, the Attorney General may initiate a civil action in a district court of the United States to enjoin such violation. The court shall proceed as soon as practicable to the hearing and determination of such an action, and may, at any time before final determination, enter such a restraining order or prohibition, or take such other action, as is warranted to prevent a continuing and substantial injury to the United States or to any person or class of persons for whose protection the action is brought. A proceeding under this section is governed by the Federal Rules of Civil Procedure, except that, if an indictment has been returned against the respondent, discovery is governed by the Federal Rules of Criminal Procedure. TITLE 26-INTERNAL REVENUE CODE SUBTITLE A-INCOME TAXES CHAPTER 1-NORMAL TAXES AND SURTAXES Subchapter 0-Gain or Loss on Disposition of Property PART V-CHANGES TO EFFECTUATE F.C.C. POLICY § 1071. Gain from sale or exchange to effectuate policies of F.C.C. (a) Nonrecognition of gain or loss If the sale or exchange of property (including stock in a corporation) is certified by the Federal Communications Commission to be necessary or appropriate to effectuate a change in a policy of, or the adoption of a new policy by, the Commission with respect to the ownership and control of radio broadcasting stations, such sale or exchange shall, if the taxpayer so elects, be treated as an involuntary conversion of such property within the meaning of section 1033. For purposes of such section as made applicable by the provisions of this section, stock of a corporation operating a radio broadcasting station, whether or not representing control of such corporation, shall be treated as property similar or related in service or use to the property so converted. The part of the gain, if any, on such sale or exchange to which section 1033 is not applied shall nevertheless not be recognized, if the taxpayer so elects, to the extent that it is applied to reduce the basis for determining gain or loss on sale or exchange of property, of a character subject to the allowance for depreciation under section 167, remaining in the hands of the taxpayer immediately after the sale or exchange, or acquired in the same taxable year. The manner and amount of such reduction shall be determined under regulations prescribed by the Secretary. Any election made by the taxpayer under this section shall be made by a statement to that effect in his return for the taxable year in which the sale or exchange takes place, and such election shall be binding for the taxable year and all subsequent taxable years. (b) Basis For basis of property acquired on a sale or exchange treated as an involuntary conversion under subsection (a), see section 1033(b). TITLE 28-JUDICIARY AND JUDICIAL PROCEDURE PART VI-PARTICULAR PROCEEDINGS CHAPTER 158-ORDERS OF FEDERAL AGENCIES; (§§ 2341-2353) Sec. 2341. Definitions. 2342. Jurisdiction of court of appeals. 2343. Venue 2344. Review of orders; time; notice; contents of petitions; service. 2345. Prehearing conference. 2346. Certification of record on review. 2347. Petitions to review; proceedings. 2348. Representation in proceeding; intervention. 2349. Jurisdiction of the proceeding. 2350. Review in Supreme Court on certiorari or certification. 2351. Enforcement of orders by district courts. § 2341. Definitions As used in this chapter (1) "clerk" means the clerk of the court in which the petition for the review of an order, reviewable under this chapter, is filed; (2) "petitioner" means the party or parties by whom a petition to review an order, reviewable under this chapter, is filed; and (3) "agency" means (A) the Commission, when the order sought to be reviewed was entered by the Federal Communications Commission, the Federal Maritime Commission, the Interstate Commerce Commission, 24 ur the Atomic Energy Commission, as the case may be; (B) the Secretary, when the order was entered by the Secretary of Agriculture; and (C) the Administration, when the order was entered by the Maritime Administration. § 2342. Jurisdiction of court of appeals The court of appeals (other than the United States Court of Appeals for the Federal Circuit) 25 has exclusive jurisdiction to enjoin, set aside, suspend (in whole or in part), or to determine the validity of (1) all final orders of the Federal Communications Commission made reviewable by section 402(a) of title 47; (2) all final orders of the Secretary of Agriculture made under chapters 9 and 20A of title 7, except orders issued under sections 210(e), 217a, and 499g(a) of title 7; (3) all rules, regulations, or final orders of (A) the Secretary of Transportation issued pursuant to section 2, 9, 37, 41, or 43 of the Shipping Act, 1916 (46) U.S.C. App. 802, 803, 808, 835, 839, and 841a); and (B) the Federal Maritime Commission issued pursuant to (i) section 23, 25, or 43 of the Shipping Act, 1916 (46 U.S.C. App. 822, 824, or 841a); 23 Public Law No. 88-554, 80 Stat. 621, Sept. 6, 1966. This statute, in part, revises, codifies, and re-enacts the Judicial Review Act enacted as Public Law 901, 81st Congress, 2d Sess., approved December 29, 1950, 64 Stat. 1129, 5 U.S.C. §§ 1031-1042, which has been repealed. 24 Subparagraph (3)A) was amended by Public Law 93-584, approved January 2, 1975, 88 Stat. 1917, to add the Interstate Commerce Commission. 25 Sec. 2342 was amended by Public Law 97-164, approved April 2, 1982, 96 Stat. 25, 41, by adding "(other than the United States Court of Appeals for the Federal Circuit)" after "court of appeals." (ii) section 19 of the Merchant Marine Act, 1920 (46 U.S.C. App. 876); (iii) section 2, 3, 4, or 5 of the Intercoastal Shipping Act, 1933 (46 U.S.C. App. 844, 845, 845a, or 845b); (iv) section 14 or 17 of the Shipping Act of 1984 (46 U.S.C. App. 1713 or 1716); or (v) section 2(d) or 3(d) of the Act of November 6, 1966 (46 U.S.C. App. 817d(d) or 817e(d); (4) all final orders of the Atomic Energy Commission made reviewable by section 2239 of title 42; and (5) all rules, regulations, or final orders of the Interstate Commerce Commission made reviewable by section 2321 of this title and all final orders of such Commission made reviewable under section 1190(j)(2) of title 49, United States Code.26 Jurisdiction is invoked by filing a petition as provided by section 2344 of this title. § 2343. Venue The venue of a proceeding under this chapter is in the judicial circuit in which the petitioner resides or has its principal office, or in the United States Court of Appeals for the District of Columbia Circuit. § 2344. Review of orders; time; notice; contents of petition; service On the entry of a final order reviewable under this chapter, the agency shall promptly give notice thereof by service or publication in accordance with its rules. Any party aggrieved by the final order may, within 60 days after its entry, file a petition to review the order in the court of appeals wherein venue lies. The action shall be against the United States. The petition shall contain a concise statement of— (1) the nature of the proceedings as to which review is sought; (2) the facts on which venue is based; (3) the grounds on which relief is sought; and (4) the relief prayed. The petitioner shall attach to the petition, as exhibits, copies of the order, report, or decision of the agency. The clerk shall serve a true copy of the petition on the agency and on the Attorney General by registered mail, with request for a return receipt. § 2345. Prehearing conference The court of appeals may hold a prehearing conference or direct a judge of the court to hold a prehearing conference. 26 Paragraph (5) was added by Public Law 93-584, 88 Stat. 1917, approved Jan. 2, 1975. It was amended by Public Law 96-454, 94 Stat. 2011, 2021, Oct. 15, 1980, which added "and all final orders.” Former subsection 2342(6) read as follows: (6) all final orders of the Merit Systems Protection Board except as provided for in section 7703(b) of title 5. It was added by Public Law 95-454, 92 Stat. at 1144, Oct. 13, 1978; and subsequently it was deleted by Public Law 97-164, 96 Stat. 25, 41-42, April 2, 1982. |