A declaration filed pursuant to section
4201 of this title and in accordance with sections
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) of this section, 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
4206 of this title.
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 ofPub. L. 101–647, as the probable intent of Congress, because Pub. L. 101–647does not contain a section
2004—Subsec. (a)(5). Pub. L. 108–271substituted “Government Accountability Office” for “General Accounting Office”.
The table below lists the classification updates, since Jan. 3, 2012, for this section. Updates to a broader range of sections may be found at the update page for containing chapter, title, etc.
The most recent Classification Table update that we have noticed was Tuesday, August 13, 2013
An empty table indicates that we see no relevant changes listed in the classification tables. If you suspect that our system may be missing something, please double-check with the Office of the Law Revision Counsel.
Description of Change
Statutes at Large
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