12 U.S.C. § 4206 — Rights of declarants; notifications; Gov-

Page 1621 TITLE 12—BANKS AND BANKING § 4208 any funds or assets acquired by any appropriate Federal banking agency acting in any capacity or the Resolution Trust Corporation acting in any capacity, except for any civil money pen- alties recovered by a Federal banking agency through a final judgment, order or settlement. (Pub. L. 101–647, title XXV, § 2565, Nov. 29, 1990, 104 Stat. 4896; Pub. L. 107–273, div. A, title III, § 301(c)(3), Nov. 2, 2002, 116 Stat. 1781.) Editorial Notes AMENDMENTS 2002—Subsec. (c)(1). Pub. L. 107–273 substituted ‘‘the Attorney General may, in his discretion, pay a reward to the declarant’’ for ‘‘, the declarant shall have the right to receive not less than $5,000 and not more than $100,000, any such award to be paid from the Financial Institution Information Award Fund established under section 4209 of this title.’’ Subsec. (e). Pub. L. 107–273 struck out heading and text of subsec. (e). Text read as follows: ‘‘(1) No person shall receive both an award under this section and a reward under either section 1831k of this title or section 3509A of title 18 for providing the same or substantially similar information. ‘‘(2) When a person qualifies for both an award under this section and a reward under either section 1831k of this title or section 3509A of title 18 for providing the same or substantially similar information, the person may notify the Attorney General in writing of the per- son’s election to seek an award under this section or a reward under such other section.’’ § 4206. Rights of declarants; notifications; Gov- ernment accountability (a) In general A person who has filed a declaration that meets the requirements of sections 4201 through 4204 of this title shall have the rights stated in this section. (b) Notice of decision not to pursue If, after review, the Attorney General con- cludes that the information contained in a dec- laration should not be pursued in a civil or criminal proceeding, the Attorney General shall so notify the declarant in writing and shall pro- vide a brief statement of the reasons that the declaration will not be pursued. (c) Judgment, order, or settlement (1) When the United States obtains a judg- ment, order, or settlement based in whole or in part on a valid declaration filed under section 4201 of this title, the Attorney General shall no- tify the declarant in writing of such fact. (2) A notice described in paragraph (1) shall contain— (A) the Attorney General’s determination of the amount of the award due the declarant under subsection (c) or (d) of section 4205 of this title upon recovery by the United States; and (B) a short statement of reasons for the amount of the award. (d) Notice of pendency of investigation or pro- ceeding If the Attorney General has not provided the declarant with notice under subsection (b) or a notice of invalidity pursuant to section 4204 of this title within the time period set forth in sub- section (e), the Attorney General shall notify the declarant in writing that— (1) there is a pending investigation or pro- ceeding in the course of which the declarant’s allegations are being addressed; or (2) the declarant’s allegations have not yet been addressed. (e) Time for notices (1) In the case of a valid declaration filed not more than 3 years after November 29, 1990, the Attorney General shall send notification to a de- clarant pursuant to subsection (d) not later than 3 years after the date of filing of the declara- tion. (2)(A) Subject to subparagraph (B), in the case of a declaration filed more than 3 years after November 29, 1990, the Attorney General shall send notification not later than 1 year after the date of filing of the declaration. (B) If the Attorney General certifies that it is in the interest of the United States to give fur- ther consideration to the information provided in the declaration for an additional 90-day pe- riod, the Attorney General shall so notify the declarant in writing. (f) Confidentiality of notices All notices provided to a declarant under this section shall be kept confidential by the declar- ant in the same manner, and subject to the same penalties, as the declaration under section 4203 of this title. (Pub. L. 101–647, title XXV, § 2566, Nov. 29, 1990, 104 Stat. 4897.) § 4207. Unreviewed declarations; petition to pur- sue action as private contractor (a) Notification (1) If, pursuant to section 4206(d)(2) of this title, the Attorney General notifies a declarant that the declarant’s allegations have not yet been addressed, the declarant may notify the Attorney General to award a contract pursuant to subchapter III to pursue the case. (2) A declarant’s notification under paragraph (1) shall be filed with the Attorney General not later than 30 days after the date of service of no- tice under section 4206(d)(2) of this title, and the Attorney General shall respond to the notifica- tion not later than 30 days after receipt. (b) Contents of response In response to a notification under subsection (a)(1), the Attorney General shall— (1) grant a contract pursuant to subchapter III; or (2) proceed with an action. (c) Grant of contract If the Attorney General decides to grant a con- tract, the declarant, after consultation with the Attorney General, shall have the right to select counsel to prosecute an action, and the declar- ant and the declarant’s counsel shall act in ac- cordance with subchapter III. (Pub. L. 101–647, title XXV, § 2567, Nov. 29, 1990, 104 Stat. 4898.) § 4208. Nonreviewability of action by Attorney General Notwithstanding any other law, no court shall have jurisdiction over any claim based on any