PUBLIC LAW 101-123—OCT. 23, 1989 103 STAT. 759 Public Law 101-128 101st Congress An Act To amend title 18 of the United States Code to provide increased penalties for certain Oct. 23, 1989 major frauds against the United States. [S. 248] Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, Major Fraud Act Amendments of SECTION 1. SHORT TITLE. 1989. This Act may be cited as the "Major Fraud Act Amendments of liE^ ^^'^ 1989". SEC. 2. REWARD FOR WHISTLEBLOWERS, (a) AMENDMENT TO TITLE 18.— Section 1031 of title 18, United States Code, is amended by inserting after subsection (f) the follow- ing new subsection: "(g)(1) In special circumstances and in his or her sole discretion, the Attorney General is authorized to make payments from funds appropriated to the Department of Justice to persons who furnish information relating to a possible prosecution under this section. The amount of such payment shall not exceed $250,000. Upon application by the Attorney General, the court may order that the Etepartment shall be reimbursed for a payment from a criminal fine imposed under this section. "(2) An individual is not eligible for such a payment if— "(A) that individual is an officer or employee of a government agency who furnishes information or renders service in the performance of official duties; "(B) that individual failed to furnish the information to the individual's employer prior to furnishing it to law enforcement authorities, unless the court determines the individual has justifiable reasons for that failure; "(C) the furnished information is based upon public disclosure of allegations or transactions in a criminal, civil, or administra- tive hearing, in a congressional, administrative, or GAO report, hearing, audit or investigation, or from the news media unless the person is the original source of the information. For the purposes of this subsection, "original source" means an individ- ual who has direct and independent knowledge of the informa- tion on which the allegations are based and hsis voluntarily provided the information to the Government; or "(D) that individual participated in the violation of this sec- tion with respect to which such payment would be made. "(3) The fsdlure of the Attorney General to authorize a payment shall not be subject to judicial review.". (b) APPLICABILITY.—The amendment made by this section shall Contracts. apply to contracts entered into on or after the date of the enactment 18 USC 1031 of this Act. "^^-
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