Page:United States Statutes at Large Volume 102 Part 5.djvu/632

 102 STAT. 4638

10 USC 2324 note. i^fY^^ note.

PUBLIC LAW 100-700—NOV. 19, 1988

"(O In the case of a proceeding referred to in subparagraph (A), contractor costs otherwise allowable as reimbursable costs under this paragraph are not allowable if (i) such proceeding involves the same contractor misconduct a l l i e d as the basis of another criminal, civil, or administrative proceeding, and (ii) the costs of such other proceeding are not allowable under paragraph (1). "GXl) In this section, the term 'covered contract* means a contract for an amount more than $100,000 entered into by the Department of Defense other than a fixed-price contract without cost incentives. "(2) In subsection (k): "(A) The term 'proceeding* includes an investigation. "(B) The term 'costs', with respect to a proceeding— "(i) means all costs incurred by a contractor, whether before or after the commencement of any such proceeding and "(ii) includes— "(1) administrative and clerical expenses; "(II) the cost of l ^ a l services, including l ^ a l services performed by an employee of the contractor; "(m) the cost of the services of accountants and consultants retained by the contractor; and "(TV) the pay of directors, officers, and employees of the contractor for time devoted by such directors, officers, and employees to such proceeding. "(O The tierm 'penalty* does not include restitution, reimbursement, or compensatory dams^es.'*. (c) TECHNICAL AMENDMENT.—Section 832(b) of the National Defense Authorization Act, Fiscal Year 1989 is repealed. (d) REGULATIONS.—The r^ulations necessary for the implementatio'* o^ section 306(e) of the Federal Property and Administrative Services Act of 1949 (as added by subsection (a)) and section 2324(k)(5) of title 10, United States Code (as added by subsection

mnote. 2324 10 USC

(1) shall be prescribed not later than 120 days after the date of the enactment of this Act; and (2) shall apply to contracts entered into more than 30 days after the date on which such regulations are issued. (e) EFFECTIVE DATE.—The amendments made by subsections (a) and (b) shall take effect with respect to contracts awarded after the date of the enactment of this Act. SEC. 9. QUI TAM ACTIONS. (a) AWARDS OF DAMAGES.—Section 3730(d) of title 31, United States 0)de, is amended— (1) by redesignating paragraph (3) as paragraph (4); and (2) by inserting after paragraph (2) the following new paragraph: "(3) Whether or not the Ciovernment proceeds with the action, if the court finds that the action was brought by a person who planned and initiated the violation of section 3729 upon which the action was brought, then the court may, to the extent the court considers appropriate, reduce the share of the proceeds of the action which the person would otherwise receive under paragraph (1) or (2) of this subsection, taking into account the role of that person in advancing the case to litigation and any relevant circumstances pertaining to the violation. If the person bringing the action is convicted of criminal conduct arising from his or her role in the violation of

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