Page:United States Statutes at Large Volume 104 Part 6.djvu/516

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104 STAT. 4906 PUBLIC LAW 101-647—NOV. 29, 1990 12 USC 4243. SEC. 2590. REPRESENTATION. Notwithstanding sections 516, 518(b), 519, and 547(2) of title 28, United States Code, private counsel retained under section 2588 may represent the United States in litigation in connection with legal services furnished pursuant to the contract entered into with that counsel, subject to the requirements specified in section 2591. 12 USC 4244. SEC. 2591. CONTRACT PROVISIONS. A contract made with a private counsel under section 2588 shall include— (1) a provision permitting the Attorney General to terminate either the contract or the private counsel's representation of the United States in particular cases if the Attorney General finds that such action is in the best interests of the United States; ^P***^- (2) a provision requiring private counsel to transmit monthly to the Attorney General a report on the services relating to matters handled pursuant to the contract during the preceding month and the progress made during that period; and (3) a provision requiring that the initiation, settlement, dismissal, or compromise of a clsdm be approved by a duly appointed officer of the United States. 12 USC 4245. SEC. 2592. COUNTERCLAIMS. Any counterclaim filed in any action brought on behalf of the United States by private counsel retained under section 2588 may not be asserted unless the counterclaim has been served directly on the Attorney General and the United States Attorney for the judicial district in which, or embracing the place in which, the action is pending. Such service shall be made in accordance with the rules of procedure of the court in which the action on behalf of the United States is pending. 12 USC 4246. SEC. 2593. AWARDS OF COSTS AND FEES TO PREVAILING PLAINTIFF. When the United States, through private counsel retained under this chapter, prevails in any civil action, the court, in its discretion, may allow the United States reasonable attorney's fees and other expenses of litigation as part of the costs. 12 USC 4247. SEC. 2594. PROMULGATION OF REGULATIONS. The Attorney General may promulgate any rules, regulations, or guidelines that, in the Attorney General's judgment, are necessary and appropriate to the effective administration of this chapter. Subtitle I—Technical and Miscellaneous Amendments SEC. 2595. TECHNICAL AMENDMENTS TO TITLE 18, UNITED STATES CODE, RELATING TO REFERENCES TO BANKING INSTITUTIONS AND AGENCIES. (a) IN GENERAL. — (1) THEFT, EMBEZZLEMENT, OR MISAPPLICATION BY BANK OFFICER OR EMPLOYEE. —Section 656 of title 18, United States Code, is amended— (A) by inserting "depositorv institution holding company," before "national bank' the 1st place such term appears in the 1st sentence;