Bill Summary & Status for the 99th Congress

| CONGRESS |

S.1562, Public Law: 99-562 (10/27/86), Sponsor: Sen Grassley (introduced 08/01/85), Related Bills: H.R.3317.

Title(s):
Short Title(s) As Passed House - False Claims Amendments Act of 1986
Short Title(s) As Enacted - False Claims Amendments Act of 1986
Official Title As Introduced - A bill to amend the False Claims Act, and title 18 of the United States Code regarding penalties for false claims, and for other purposes.

Jump to: Titles, Status, Abstracts, Committees, Amendments, Cosponsors, Summary


STATUS - Floor Actions
10/27/86 - Public Law 99-562
10/17/86 - Measure presented to President
10/17/86 - Measure enrolled in Senate
10/17/86 - Measure enrolled in House
10/07/86 - House agreed to Senate amendment
10/03/86 - Senate agreed to House amendment with an amendment
09/09/86 - Measure passed House, amended, in lieu of H.R. 4827
09/09/86 - Measure considered in House
09/09/86 - Measure called up by committee discharge in House
08/15/86 - Referred to House Committee on the Judiciary
08/11/86 - Measure passed Senate, amended
08/11/86 - Measure considered in Senate
08/11/86 - Measure called up by unanimous consent in Senate
07/28/86 - Reported to Senate from the Committee on the Judiciary with amendment, S. Rept. 99-345
STATUS - Detailed Legislative Status

Senate Actions -
08/01/85 - Read twice and referred to the Committee on Judiciary.
08/22/85 - Committee on Judiciary. Referred jointly to the Subcommittee on Criminal Law and the Subcommittee on Administrative Practice and Procedure.
08/22/85 - Committee on Judiciary requested executive comment from Justice Department.
09/17/85 - Subcommittee on Administrative Practice & Procedure. Hearings held. Hearings printed: S.Hrg. 99-452.
10/22/85 - Committee on Judiciary received executive comment from Justice Department.
11/07/85 - Subcommittee on Administrative Practice & Procedure. Approved for full committee consideration with an amendment in the nature of a substitute favorably.
11/19/85 - Committee on Judiciary. Hearings held on Section 5.
11/20/85 - Committee on Judiciary. Subcommittee on Criminal Law discharged from further consideration.
12/11/85 - Committee on Judiciary received executive comment from Justice Department.
12/12/85 - Committee on Judiciary. Ordered to be reported with an amendment in the nature of a substitute favorably.
07/28/86 - (1) Committee on Judiciary. Reported to Senate by Senator Thurmond with an amendment in the nature of a substitute. With written report No. 99-345., and (2) Placed on Senate Legislative Calendar under General Orders. Calendar No. 742.
09/11/86 - (1)Measure laid before Senate by unanimous consent, (2) Amendment SP 2701 proposed by Senator Dole for Senator Grassley, (3) Amendment SP 2701 agreed to in Senate by Voice Vote, (4) Committee substitute, as amended, agreed to by Voice Vote, and (5) Passed Senate with an amendment by Voice Vote.
09/10/86 - Message on House action received in Senate and held at desk: House amendments to Senate bill.
1003/86 - (1) Measure laid before Senate by unanimous consent, (2) Amendment SP 3214 proposed by Senator Stevens for Senator Grassley, and (3) Amendment SP 3214 agreed to in Senate by Voice Vote.

House Actions -
08/15/86 - Referred to House Committee on The Judiciary.
10/02/86 - Referred to Subcommittee on Administrative Law and Governmental Relations.
09/09/86 - (1) House Committee on The Judiciary Discharged by Unanimous Consent, (2) Called up by House by Unanimous Consent, and (3) Passed House (Amended) by Voice Vote.
10/07/86 - House Agreed to Senate Amendments to House Amendments by Unanimous Consent.

Conference Actions
10/03/86 - Senate concurred in the House amendment with an amendment (SP 3214) by Voice Vote.

Executive Actions
10/07/86 - Cleared for White House.
Oct 17, 86 - (1) Measure Signed in Senate, and (2) Presented to President.
Oct 27, 86 - (1) Signed by President, and (2) Became Public Law No: 99-562.


ABSTRACT(S):

  • ABSTRACT AS INTRODUCED:


    Amends the False Claims Act to increase the civil penalties for false claims and revise the procedure for bringing suit. Establishes minimum award portions from the proceeds of an action or settlement to individuals who bring claims under such Act. Allows full relief to an employee retaliated against because of his or actions under such Act.

    Amends the Federal Rules of Criminal Procedure with regard to the exceptions from the prohibition against disclosures of grand jury proceedings. Amends the Federal criminal code to increase the fine for conspiring to defraud the Government with respect to false claims.


COMMITTEE(S):
AMENDMENT(S):

S.AMDT.2701 - S.AMDT.3214


COSPONSORS(13):

Sen DeConcini - 08/01/85 Sen Levin - 08/01/85
Sen Hatch - 09/26/85Sen Leahy - 12/11/85
Sen Cohen - 12/18/85 Sen Specter - 02/26/86
Sen Dodd - 03/03/86Sen Andrews - 03/04/86
Sen Roth, W. - 03/05/86 Sen Pryor - 03/12/86
Sen Rockefeller - 05/05/86 Sen Denton - 06/06/86(withdrawn - 06/10/86)
Sen Boren - 07/24/86 Sen Metzenbaum - 07/24/86


SUMMARY AS OF:

(REVISED AS OF 10/03/86 -- Senate agreed to House amendment with an amendment)

False Claims Amendments Act of 1986 - Amends the False Claims Act to include within its protection any property of the United States Government (currently limited to the property of the armed forces).

Defines "knowing" for the purposes of such Act to mean that the defendant: (1) has actual knowledge; (2) acts in deliberate ignorance of a fact's truth or falsity; or (3) acts in reckless disregard of the truth or falsity. Defines "claim" to include any request or demand for money or property which is made to a contractor or grantee if the Government provides or reimburses any portion of such money or property.

Revises the procedure for civil actions for false claims. Sets forth the rights of the parties and procedures (including awards for qui tam plaintiffs) with regard to qui tam actions.

Allows an employee who is disciplined by an employer for acting in furtherance of an investigation, testifying in, or assisting in an action filed under such Act to bring an action for damages in an appropriate U.S. district court.

Revises the statute of limitations for a false claims civil action to allow such an action to be brought within three years from when the material facts became known or should have become known to the official of the United States charged with the responsibility to act in the circumstances.

Establishes as the burden of proof in civil false claim cases proof by a preponderance of the evidence.

Provides that a final judgment rendered in favor of the United States in any criminal proceeding charging fraud or false statements shall prohibit the defendant from denying the essential elements of the offense in any civil action concerning false claims.

Allows a civil action concerning false claims to be brought in the judicial district where the defendant (or, in the case of multiple defendants, where any one defendant) is found, resides, transacts business, or where the violation allegedly occurred.

Authorizes the Attorney General to conduct False Claims Act investigations for the purpose of ascertaining whether any person has been engaged in any violations of a False Claims Act law. Provides that prior to the institution of a civil proceeding the Attorney General may require any person who may be in possession or control of any documentary material or who may have information relevant to a False Claims investigation to produce such documentary material for inspection, to answer written interrogatories, or to give oral testimony. Authorizes the Attorney General to issue in writing and cause to be served upon a person a civil investigative demand requiring the production of such information. Sets forth standards and procedures for the issuance and service of a civil investigative demand. Sets forth standards and procedures for the use and disclosure of any information obtained through a civil investigation.