Page:United States Statutes at Large Volume 104 Part 6.djvu/510

This page needs to be proofread.

104 STAT. 4900 PUBLIC LAW 101-647—NOV. 29, 1990 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. 12 USC 4222. SEC. 2577. CONTENTS OF DECLARATIONS. A declaration filed pursuant to section 2576 shall— (1) set forth the name and address of the declarant and the basis for the declarant's knowledge of the facts alleged; (2) allege under oath or affirmation specific facts indicating the nature, location, and approximate dollar value of the asset or assets and the names of all persons known to the declarant to have possession, custody, or control of the asset or assets; and (3) allege under oath or affirmation specific facts that establish a prima facie case showing that the asset is legally subject to attachment, garnishment, sequestration, or other proceeding in satisfaction of the judgment referred to in section 2576. 12 USC 4223. SEC. 2578. 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 2576 until: (1) the declarant receives notice that the Attorney General has concluded that an action should not be pursued under section 2581(b); (2) the declarant receives notice of an award pursuant to section 2581(c); or (3) the declarant is granted a contract to pursue an action under section 2580(b) or 2582. (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, 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 chapter. 12 USC 4224. SEC. 2579. INELIGIBILITY TO FILE VALID DECLARATIONS. (a) IN GENERAL.— A declaration filed pursuant to section 2576 and in accordance with sections 2577 and 2578 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;