§ 2336. — Other limitations.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 18USC2336]
TITLE 18--CRIMES AND CRIMINAL PROCEDURE
PART I--CRIMES
CHAPTER 113B--TERRORISM
Sec. 2336. Other limitations
(a) Acts of War.--No action shall be maintained under section 2333
of this title for injury or loss by reason of an act of war.
(b) Limitation on Discovery.--If a party to an action under section
2333 seeks to discover the investigative files of the Department of
Justice, the Assistant Attorney General, Deputy Attorney General, or
Attorney General may object on the ground that compliance will interfere
with a criminal investigation or prosecution of the incident, or a
national security operation related to the incident, which is the
subject of the civil litigation. The court shall evaluate any such
objections in camera and shall stay the discovery if the court finds
that granting the discovery request will substantially interfere with a
criminal investigation or prosecution of the incident or a national
security operation related to the incident. The court shall consider the
likelihood of criminal prosecution by the Government and other factors
it deems to be appropriate. A stay of discovery under this subsection
shall constitute a bar to the granting of a motion to dismiss under
rules 12(b)(6) and 56 of the Federal Rules of Civil Procedure. If the
court grants a stay of discovery under this subsection, it may stay the
action in the interests of justice.
(c) Stay of Action for Civil Remedies.--(1) The Attorney General may
intervene in any civil action brought under section 2333 for the purpose
of seeking a stay of the civil action. A stay shall be granted if the
court finds that the continuation of the civil action will substantially
interfere with a criminal prosecution which involves the same subject
matter and in which an indictment has been returned, or interfere with
national security operations related to the terrorist incident that is
the subject of the civil action. A stay may be granted for up to 6
months. The Attorney General may petition the court for an extension of
the stay for additional 6-month periods until the criminal prosecution
is completed or dismissed.
(2) In a proceeding under this subsection, the Attorney General may
request that any order issued by the court for release to the parties
and the public omit any reference to the basis on which the stay was
sought.
(Added Pub. L. 102-572, title X, Sec. 1003(a)(4), Oct. 29, 1992, 106
Stat. 4523.)
References in Text
The Federal Rules of Civil Procedure, referred to in subsec. (b),
are set out in the Appendix to Title 28, Judiciary and Judicial
Procedure.
Effective Date
Section applicable to any pending case or any cause of action
arising on or after 4 years before Oct. 29, 1992, see section 1003(c) of
Pub. L. 102-572, set out as a note under section 2331 of this title.
