Page:United States Statutes at Large Volume 106 Part 1.djvu/192

 106 STAT. 160 PUBLIC LAW 102-282—MAY 13, 1992 may, upon request of the Secretary, institute a civil action to recover a civil money penalty in the amount and for any of the acts set forth in subsection (a). Such an action may be instituted separately from or in connection with ^ any other claim, civil or criminal, initiated by the Attorney General under this Act. "(2) AMOUNT.— In determining the amount of a civil penalty under paragraph (1), the Secretary or the court shall take into account the nature, circiunstances, extent, and gravity of the act subject to penalty, the person's ability to pay, the effect on the person's ability to continue to do business, any history of prior, similar acts, and such other matters as justice may require. "(3) LIMITATION ON ACTIONS.— N O action may be initiated under this section— "(A) with respect to any act described in subsection (a) that occurred before the date of the enactment of this Act, or "(B) more than 6 years after the date when facts material to the act are known or reasonably should have been known by the Secretary but in no event more than 10 years after the date the act took place. "(c) JUDICIAL REVIEW. —Any person that is the subject of an adverse decision under subsection (b)(l)(A) may obtain a review of such decision by the United States Court of Appeals for the District of Columbia or for the circuit in which the person resides, by filing in such court (within 60 days following the date the person is notified of the Secretary's decision) a petition requesting that the decision be modified or set aside. "(d) RECOVERY OF PENALTIES. —The Attorney General may recover any civil penalty (plus interest at the currentlv prevailing rates from the date the penalty became final) £Lssessea under subsection (b)(1)(A) in an action brought in the name of the United States. The amount of such penal^ may be deducted, when the penalty has become final, from any sums then or later owing by the United States to the person against whom the penalty has been assessed. In an action brought under this subsection, the validity, amount, and appropriateness of the penalty shall not be subject to judicial review. "(e) INFORMANTS.—The Secretary may award to any individual ^ (other than an officer or employee of the Federal Government or a person who materially psui;icipated in any conduct described in subsection (a)) who provides information leading to the imposition of a civil penalty under this section an amount not to exceed— "(1) $250,000, or "(2) one-half of the penalty so imposed and collected, whichever is less. The decision of the Secretary on such award shall not be reviewable.". SEC. 4. AUTHORITY TO WITHDRAW APPROVAL OF ABBREVIATED DRUG APPLICATIONS. Chapter III, as amended by sections 2 and 3, is amended by adding after section 307 the following: "AUTHORITY TO WITHDRAW APPROVAL OF ABBREVIATED DRUG APPLICATIONS 21 USC 335c. "SEC. 308. (a) IN GENERAL. — The Secretary—

�