Page:United States Statutes at Large Volume 94 Part 2.djvu/603

 PUBLIC LAW 96-440—OCT. 13, 1980

94 STAT. 1881

(b) It shall be a complete defense to a civil action brought under Defense. paragraph (2) of subsection (a) that the officer or employee had a reasonable good faith belief in the lawfulness of his conduct. (c) The United States, a State, or any other governmental unit liable for violations of this Act under subsection (a)(1), may not assert as a defense to a claim arising under this Act the immunity of the officer or employee whose violation is complained of or his reasonable good faith belief in the lawfulness of his conduct, except that such a defense may be asserted if the violation complained of is that of a judicial officer. (d) The remedy provided by subsection (a)(1) against the United States, a State, or any other governmental unit is exclusive of any other civil action or proceeding for conduct constituting a violation of this Act, against the officer or employee whose violation gave rise to the claim, or against the estate of such officer or employee. (e) Evidence otherwise admissible in a proceeding shall not be Evidence. excluded on the basis of a violation of this Act. (f) A person having a cause of action under this section shall be Damage entitled to recover actual damages but not less than liquidated recovery. damages of $1,000, and such reasonable attorneys' fees and other litigation costs reasonably incurred as the court, in its discretion, may award: Provided, however. That the United States, a State, or any other governmental unit shall not be liable for interest prior to judgment. (g) The Attorney General may settle a claim for damages brought Attorney against the United States under this section, and shall promulgate General, claim regulations to provide for the commencement of an administrative settlement; regulations. inquiry following a determination of a violation of this Act by an officer or employee of the United States and for the imposition of administrative sanctions against such officer or employee, if warranted. (h) The district courts shall have original jurisdiction of all civil Jurisdiction. actions arising under this section. SEC. 107. (a) "Documentary materials", as used in this Act, means Definitions. materials upon which information is recorded, and includes, but is 42 USC 2000aa-7. not limited to, written or printed materials, photographs, motion picture films, negatives, video tapes, audio tapes, and other mechanically, magentically or electronically recorded cards, tapes, or discs, but does not include contraband or the fi'uits of a crime or things otherwise criminally possessed, or property designed or intended for use, or which is or has been used as, the means of committing a criminal offense. (b) "Work product materials", as used in this Act, means materials, other than contraband or the fi*uits of a crime or things otherwise criminally possessed, or property designed or intended for use, or which is or has been used, as the means of committing a criminal offense, and— (1) in anticipation of communicating such materials to the public, are prepared, produced, authored, or created, whether by the person in possession of the materials or by any other person; (2) are possessed for the purposes of communicating such materials to the public; and (3) include mental impressions, conclusions, opinions, or theories of the person who prepared, produced, authored, or created such material. (c) "Any other governmental unit", as used in this Act, includes the District of Columbia, the Commonwealth of Puerto Rico, any terri-

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