dreamproit/uscode huggingface dataset:
12 U.S.C. § 4121 (BANKS AND BANKING)
§ 4121. Definitions of qualified and priority purchaser and related party rule
(a) Priority purchaser
The term “priority purchaser” means (A) a resident council organized to acquire the housing in accordance with a resident homeownership program that meets the requirements of section 4121 1 of this title; and (B) any nonprofit organization or State or local agency that agrees to maintain low-income affordability restrictions for the remaining useful life of the housing (as determined under section 4112(d) 2 of this title).
(b) Qualified purchaser
The term “qualified purchaser” means any entity that agrees to maintain low-income affordability restrictions for the remaining useful life of the housing (as determined under section 4112(c) of this title), and includes for-profit entities and priority purchasers.
(c) Related parties
Except as provided in subsection (d), the terms “qualified purchaser” and “priority purchaser” do not include any entity that, either directly or indirectly, is wholly or partially owned or controlled by the owner of the housing being transferred under this subchapter, is under whole or partial common control with such owner, or has any financial interest in such owner or in which such owner has any financial interest. The Secretary shall issue any regulations appropriate to implement the preceding sentence.
(d) Management exception
A qualified purchaser shall not be precluded from retaining as a property management entity a company that is owned or controlled by the selling owner or a principal thereof if retention of the management company is neither a condition of sale nor part of consideration paid for sale and the property management contract is negotiated by the qualified purchaser on an arm’s length basis.
(Pub. L. 100–242, title II, § 231, as added Pub. L. 101–625, title VI, § 601(a), Nov. 28, 1990, 104 Stat. 4273; amended Pub. L. 102–550, title III, § 317(a)(6), Oct. 28, 1992, 106 Stat. 3772.)
heading: Amendments
text: 1992—Subsec. (b). Pub. L. 102–550 substituted “4112(c)” for “4112(d)”.
12 U.S.C. § 4124 (BANKS AND BANKING)
§ 4124. Authorization of appropriations
(a) In general
There are authorized to be appropriated for assistance and incentives authorized under this subchapter $638,252,784 for fiscal year 1993 and $665,059,401 for fiscal year 1994.
(b) Grants
Subject to approval in appropriation Acts, not more than $50,000,000 of the amounts made available under subsection (a) for fiscal year 1993, and not more than $50,000,000 of the amounts made available under subsection (a) for fiscal year 1994, shall be available for grants under section 4111(d)(2) of this title.
(Pub. L. 100–242, title II, § 234, as added Pub. L. 101–625, title VI, § 601(a), Nov. 28, 1990, 104 Stat. 4274; amended Pub. L. 102–550, title III, § 301, Oct. 28, 1992, 106 Stat. 3762.)
heading: Amendments
text: 1992—Pub. L. 102–550 amended section generally. Prior to amendment, section read as follows:
“(a) General.—There are authorized to be appropriated for assistance and incentives authorized under this chapter $425,000,000 for fiscal year 1991 and $858,000,000 for fiscal year 1992.
“(b) Grants.—Of the amounts made available under subsection (a) of this section, not more than $100,000,000 for each of fiscal years 1991 and 1992 shall be available for grants under section 4111(d)(2) of this title, subject to approval in appropriations Acts.”
12 U.S.C. § 4201 (BANKS AND BANKING)
§ 4201. Filing of confidential declarations by private persons
(a) In general
Any person may file a declaration of a violation giving rise to an action for civil penalties under section 1833a of this title affecting a depository institution insured by the Federal Deposit Insurance Corporation or any other agency or entity of the United States.
(b) Place of filing
A declaration under subsection (a) shall be filed with the Attorney General of the United States or with an agent designated by the Attorney General for receiving declarations under this section.
(Pub. L. 101–647, title XXV, § 2561, Nov. 29, 1990, 104 Stat. 4894.)
heading: Short Title
text: Pub. L. 101–647, title XXV, § 2560, Nov. 29, 1990, 104 Stat. 4893, provided that: “This subtitle [subtitle H (§§ 2560–2594) of title XXV of Pub. L. 101–647, enacting this chapter and section 3059A of Title 18, Crimes and Criminal Procedure, and amending section 1831k of this title] may be cited as the ‘Financial Institutions Anti-Fraud Enforcement Act of 1990’.”
12 U.S.C. § 4203 (BANKS AND BANKING)
§ 4203. Confidentiality of declarations
(a) Period of confidentiality
A declarant and the declarant’s agents shall not disclose the existence or filing of a declaration filed pursuant to section 4201 of this title until—
(1) the declarant receives notice that the Attorney General has concluded that an action should not be pursued under section 4206(b) of this title;
(2) the declarant receives notice of an award pursuant to section 4206(c) of this title; or
(3) the declarant is granted a contract to pursue an action under section 4205(b) or 4207 of this title.
(b) Maintenance of confidentiality to prevent prejudice
(1) Notwithstanding any other law, the contents of a declaration shall not be disclosed by the declarant if the disclosure would prejudice or compromise in any way the completion of any government investigation or any criminal or civil case that may arise out of, or make use of, information contained in a declaration, but information contained in a declaration may be disclosed as required by duly issued and authorized legal process.
(2) The Attorney General may in a circumstance described in paragraph (1) notify a declarant that continued confidentiality is required under this subsection notwithstanding paragraph (1) or (2) of subsection (a).
(c) Loss of rights
A declarant who discloses, except as provided by this chapter,1 the existence or filing of a declaration or the contents thereof to anyone other than a duly authorized Federal or State investigator or the declarant’s attorney shall immediately lose all rights under this subchapter.
(Pub. L. 101–647, title XXV, § 2563, Nov. 29, 1990, 104 Stat. 4894.)
heading: References in Text
text: This chapter, referred to in subsec. (c), was in the original “this title”, and was translated as reading “this subtitle”, meaning subtitle H of title XXV of Pub. L. 101–647, known as the Financial Institutions Anti-Fraud Enforcement Act of 1990, which is classified principally to this chapter, as the probable intent of Congress. For complete classification of subtitle H to the Code, see Short Title note set out under section 4201 of this title and Tables.
12 U.S.C. § 4204 (BANKS AND BANKING)
§ 4204. Ineligibility to file valid declarations
(a) In general
A declaration filed pursuant to section 4201 1 of this title and in accordance with sections 4202 and 4203 of this title is valid unless—
(1) the declaration is filed by a current or former officer or employee of a Federal or State government agency or instrumentality who discovered or gathered the information in the declaration, in whole or in part, while acting within the course of the declarant’s government employment;
(2) the declaration is filed by a person who knowingly participated in the violation of section 1517 of title 18 or any of the sections of title 18 referred to in section 1833a(c) of this title, or any other fraudulent conduct with respect to which the declaration is made;
(3) the declaration is filed by an institution-affiliated party (as defined in section 1813(u) of this title) who withheld information during the course of any bank examination or investigation authorized pursuant to section 1820 of this title which such party owed a fiduciary duty to disclose;
(4) the declaration is filed by a member of the immediate family of the individual whose activities are the subject of the declaration or where, in the discretion of the Attorney General, it appears the individual could benefit from the award; or
(5) the declaration consists of allegations or transactions that have been disclosed to a member of the public in a criminal, civil, or administrative proceeding, in a congressional, administrative, or Government Accountability Office report, hearing, audit or investigation, by any other government source, or by the news media, unless the person providing the declaration is the original source of the information.
(b) “Original source” defined
For the purposes of subsection (a)(5), the term “original source” means a person who has direct and independent knowledge of the information contained in the declaration and who voluntarily provided the information to the government prior to the disclosure.
(c) Notice of invalidity
If the Attorney General determines at any time that a declaration is invalid under this section, that a declaration fails to meet the requirements of section 4202 of this title, or that a declaration has been disclosed in violation of section 4203 of this title, the Attorney General shall notify the person who filed the declaration in writing that the declaration is invalid, and the declarant shall not enjoy any of the rights of the declarant listed in section 4205 or 4206 of this title.
(Pub. L. 101–647, title XXV, § 2564, Nov. 29, 1990, 104 Stat. 4895; Pub. L. 108–271, § 8(b), July 7, 2004, 118 Stat. 814.)
heading: References in Text
text: Section 4201 of this title, referred to in subsec. (a), was in the original “section 811”, and was translated as reading “section 2561”, meaning section 2561 of Pub. L. 101–647, as the probable intent of Congress, because Pub. L. 101–647 does not contain a section 811.
heading: Amendments
text: 2004—Subsec. (a)(5). Pub. L. 108–271 substituted “Government Accountability Office” for “General Accounting Office”.
12 U.S.C. § 4206 (BANKS AND BANKING)
§ 4206. Rights of declarants; notifications; Government 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 concludes that the information contained in a declaration should not be pursued in a civil or criminal proceeding, the Attorney General shall so notify the declarant in writing and shall provide 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 judgment, order, or settlement based in whole or in part on a valid declaration filed under section 4201 of this title, the Attorney General shall notify 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 proceeding
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 subsection (e), the Attorney General shall notify the declarant in writing that—
(1) there is a pending investigation or proceeding 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 declarant pursuant to subsection (d) not later than 3 years after the date of filing of the declaration.
(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 further consideration to the information provided in the declaration for an additional 90-day period, 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 declarant 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.)
12 U.S.C. § 4207 (BANKS AND BANKING)
§ 4207. Unreviewed declarations; petition to pursue 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 notice under section 4206(d)(2) of this title, and the Attorney General shall respond to the notification 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 contract, the declarant, after consultation with the Attorney General, shall have the right to select counsel to prosecute an action, and the declarant and the declarant’s counsel shall act in accordance with subchapter III.
(Pub. L. 101–647, title XXV, § 2567, Nov. 29, 1990, 104 Stat. 4898.)
12 U.S.C. § 4221 (BANKS AND BANKING)
§ 4221. Filing of confidential declarations by private persons identifying specific assets
(a) In general
After the United States obtains a final judgment or settlement in any action referred to in section 4201 of this title, any person may file a declaration identifying specific assets which might be recovered by the United States in satisfaction of that judgment or settlement.
(b) Place of filing
A declaration under subsection (a) shall be filed with the Attorney General of the United States or with an agent designated by him for receiving declarations under this section.
(Pub. L. 101–647, title XXV, § 2576, Nov. 29, 1990, 104 Stat. 4899.)
12 U.S.C. § 4223 (BANKS AND BANKING)
§ 4223. Confidentiality of declarations
(a) Period of confidentiality
A declarant and the declarant’s agents shall not disclose the existence or filing of a declaration filed pursuant to section 4221 of this title until:
(1) the declarant receives notice that the Attorney General has concluded that an action should not be pursued under section 4226(b) of this title;
(2) the declarant receives notice of an award pursuant to section 4226(c) of this title; or
(3) the declarant is granted a contract to pursue an action under section 4225(b) or 4227 of this title.
(b) Maintenance of confidentiality to prevent prejudice
(1) Notwithstanding any other law, the contents of a declaration shall not be disclosed by the declarant if the disclosure would prejudice or compromise in any way the completion of any government investigation or any criminal or civil case that may arise out of, or make use of, information contained in a declaration, but information contained in a declaration may be disclosed as required by duly issued and authorized legal process.
(2) The Attorney General may in a circumstance described in paragraph (1) notify a declarant that continued confidentiality is required under this subsection notwithstanding paragraph (1) or (2) of subsection (a).
(c) Loss of rights
A declarant who discloses, except as provided by this subchapter, the existence or filing of a declaration or the contents thereof to anyone other than a duly authorized Federal or State investigator or the declarant’s attorney shall immediately lose all rights under this subchapter.
(Pub. L. 101–647, title XXV, § 2578, Nov. 29, 1990, 104 Stat. 4900.)
12 U.S.C. § 4224 (BANKS AND BANKING)
§ 4224. Ineligibility to file valid declarations
(a) In general
A declaration filed pursuant to section 4221 of this title and in accordance with sections 4222 and 4223 of this title is valid unless—
(1) the declaration is filed by a current or former officer or employee of a Federal or State government agency or instrumentality who discovered or gathered the information in the declaration, in whole or in part, while acting within the course of the declarant’s government employment;
(2) the declaration is filed by a person who knowingly participated in the violation of section 1517 of title 18 or any of the sections of title 18 referred to in section 4201 1 of this title, or any other fraudulent conduct with respect to which the declaration is made;
(3) the declaration is filed by an institution-affiliated party (as defined in section 1813(u) of this title) who withheld information during the course of any bank examination or investigation authorized pursuant to section 1820 of this title which such party owed a fiduciary duty to disclose;
(4) the declaration is filed by a member of the immediate family of the individual whose activities are the subject of the declaration or where, in the discretion of the Attorney General, it appears the individual could benefit from the award; or
(5) the declaration identifies an asset or assets the nature, location, or possible recovery of which has been disclosed to a member of the public in a criminal, civil, or administrative proceeding, in a congressional, administrative, or Government Accountability Office report, hearing, audit or investigation, by any other government source, or by the news media, unless the person providing the declaration is the original source of the information.
(b) “Original source” defined
For the purposes of subsection (a)(5), the term “original source” means a person who has direct and independent knowledge of the information contained in the declaration and who voluntarily provided the information to the government prior to the disclosure.
(c) Notice of invalidity
If the Attorney General determines at any time that a declaration is invalid under this section, that a declaration fails to meet the requirements of section 4222 of this title, or that a declaration has been disclosed in violation of section 4223 of this title, the Attorney General shall notify the person who filed the declaration in writing that the declaration is invalid, and the declarant shall not enjoy any of the rights of the declarant listed in section 4225 or 4226 of this title.
(Pub. L. 101–647, title XXV, § 2579, Nov. 29, 1990, 104 Stat. 4900; Pub. L. 108–271, § 8(b), July 7, 2004, 118 Stat. 814.)
heading: Amendments
text: 2004—Subsec. (a)(5). Pub. L. 108–271 substituted “Government Accountability Office” for “General Accounting Office”.
12 U.S.C. § 4225 (BANKS AND BANKING)
§ 4225. Rights of declarants; participation in actions, awards
(a) In general
A person who has filed a declaration that meets the requirements of sections 4221 through 4224 of this title shall have the rights stated in this section.
(b) Civil action
If the Attorney General determines that a proceeding to recover the asset or assets identified in the declaration should be referred to private counsel pursuant to subchapter III, the declarant, after consultation with the Attorney General, shall have the right to select counsel to prosecute the action, and the declarant and the declarant’s counsel shall act in accordance with subchapter III.
(c) Share of assets
When the United States recovers any asset or assets specifically identified in a valid declaration filed under section 4221 of this title and the Attorney General determines that the asset or assets would not have been recovered if the declaration had not been filed, the declarant shall have the right to share in the recovery in the amount of 20 percent to 30 percent of any recovery up to the first $1,000,000 recovered, 10 percent to 20 percent of the next $4,000,000 recovered, and 5 percent to 10 percent of the next $5,000,000 recovered.
(d) Prohibition of double awards
(1) No person shall receive both an award under this section and a reward under either section 1831k of this title or section 3509A 1 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 1 of title 18 for providing the same or substantially similar information, the person may notify the Attorney General in writing of the person’s election to seek an award under this section or a reward under such other section.
(e) Appropriate Federal banking agency exception
For purposes of this section, funds or assets acquired by the United States shall not include 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 penalties recovered by a Federal banking agency through a final judgement, order, or settlement.
(Pub. L. 101–647, title XXV, § 2580, Nov. 29, 1990, 104 Stat. 4901.)
heading: References in Text
text: Section 3509A of title 18, referred to in subsec. (d)(1), probably is a reference to former section 3059A of title 18, which was repealed by Pub. L. 107–273, div. A, title III, § 301(c)(2), Nov. 2, 2002, 116 Stat. 1781.
12 U.S.C. § 4226 (BANKS AND BANKING)
§ 4226. Rights of declarants; notifications; Government accountability
(a) In general
A person who has filed a declaration that meets the requirements of sections 4221 through 4224 of this title shall have the rights stated in this section.
(b) Notice of decision not to pursue
If, after review, the Attorney General concludes that the information contained in a declaration should not be pursued in a proceeding to recover the asset or assets, the Attorney General shall so notify the declarant in writing and shall provide 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 final judgment, order, or settlement transferring to the United States title to an asset or assets identified in a valid declaration filed under section 4221 1 of this title, the Attorney General shall notify the declarant in writing of the entry of the judgment, order, or settlement.
(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 section 4225(c) 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 proceeding
(1) Subject to paragraph (2), if the Attorney General has not provided the declarant with notice under subsection (b) or a notice of invalidity pursuant to section 4224 of this title within 1 year after the date of filing of the declaration, the Attorney General shall notify the declarant in writing that—
(A) there is a pending investigation or proceeding in the course of which the declarant’s allegations are being addressed; or
(B) the declarant’s allegations have not yet been addressed.
(2) If the Attorney General certifies that it is in the interest of the United States to give further consideration to the information provided in the declaration for an additional 90-day period, the Attorney General shall so notify the declarant in writing.
(e) Confidentiality of notices
All notices provided to a declarant under this section shall be kept confidential by the declarant in the same manner, and subject to the same penalties, as the declaration under section 4223 of this title.
(Pub. L. 101–647, title XXV, § 2581, Nov. 29, 1990, 104 Stat. 4902.)
heading: References in Text
text: Section 4221 of this title, referred to in subsec. (c)(1), was in the original “section 831”, and was translated as reading “section 2576”, meaning section 2576 of Pub. L. 101–647, as the probable intent of Congress, because Pub. L. 101–647 does not contain a section 831.