False Claims Act Correction Act of 2008

Bill: 110-s-2041
Sponsor: Sen. Grassley, Chuck [R-IA]
Introduced: 2007-09-12 in the Senate
Policy area: Law
Subjects: Civil actions and liability
Claims
Congress
Congressional hearings
Congressional investigations
Federal employees
Fraud
Government Operations and Politics
Government liability
Jurisdiction
Limitation of actions
Public meetings
Qui tam actions
Reporters and reporting
Whistle blowing

Summary:
action_date: 2007-09-12
text: 
False Claims Act Correction Act of 2007 - Amends the False Claims Act to make any person who knowingly presents a false or fraudulent claim for government money or property for payment or approval liable for a civil penalty. (Repeals the requirement that false claims be presented to a government employee.)

Allows the government, under specified circumstances, to move to dismiss from such an action by a private person a qui tam relator who is a federal employee.

Declares that: (1) no claim for a violation may be waived or released by any action of any person, except insofar as such action is part of a court approved settlement of a false claim civil action; and (2) nothing in this Act shall be construed to limit the ability of the United States to decline to pursue any claim.

Authorizes a court, upon the motion of the Attorney General, to dismiss an action or claim if the allegations relating to all essential elements of liability of the action or claim are based exclusively on the public disclosure of allegations or transactions in specified federal hearings or reports or from the news media. Repeals a provision giving a court jurisdiction over an action when it is brought by a person who is an original source of the information.

Revises provisions concerning qui tam awards to allow the court to reduce the action's proceeds a person would otherwise receive if the court finds that such person derived the knowledge of the claims in the action primarily from specific information relating to allegations or transactions (other than information provided by the person bringing the action) that the government publicly disclosed or that the government disclosed privately to the person bringing the action in the course of its investigation into potential violations.

Authorizes relief for government employees, contractors, or agents from retaliatory actions taken against them because of lawful acts done by them in furtherance of efforts to stop violations of such Act.

action_date: 2008-07-29
text: 
False Claims Act Correction Act of 2008 - (Sec. 2) Amends False Claims Act liability provisions to eliminate the requirement that a false or fraudulent claim for government money or property must be presented to an officer or employee of the U.S. Government (thus creating liability where a false or fraudulent claim is presented to a contractor or grantee of a federal program).

(Sec. 3) Allows the government, under specified circumstances, to move to dismiss from a civil action for false claims a qui tam relator (i.e., whistleblower) that is an employee of the federal government or a family member of a federal employee.

(Sec. 4) Declares that: (1) no claim for a violation of the False Claims Act may be waived or released by any action of any person, except as part of a court approved settlement of a false claim civil action; and (2) nothing in this Act shall be construed to limit the ability of the United States to decline to pursue any claim or to require court approval of a settlement.

Requires the dismissal of a civil action for false claims if substantially the same matters in the action were contained in a criminal proceeding or were disclosed in a news media report or public congressional hearing, report, or investigation.

Expands the authority of a court to reduce an award under the False Claims Act if the court finds that knowledge of the claims in the civil action came primarily from specific information relating to allegations or transactions (other than information provided by the person bringing the action) that the government publicly disclosed or that the government disclosed privately to the person bringing the action in the course of its investigation into potential violations.

(Sec. 5) Includes government contractors or agents under provisions granting relief from retaliatory actions taken against government employees for lawful acts taken to stop false claim violations.

(Sec. 6) Establishes a 10-year limitation period for bringing a civil action under the False Claims Act. Allows the government to intervene in a civil action by filing its own complaint or amending the complaint of an individual who has brought a claim under the Act. Provides that the filing date of any such complaint or amended complaint shall relate back to the filing date of the complaint brought by the person filing the original complaint, for statute of limitation purposes. 

(Sec. 7) Allows: (1) a designee of the Attorney General to issue a civil investigative demand in an action under the False Claims Act; and (2) the sharing of information obtained by a civil investigative demand with any qui tam relator if the Attorney General or designee determines such sharing to be a necessary part of a False Claim Act investigation. Expands the definition of &quot;official use&quot; to facilitate Department of Justice (DOJ) use and sharing of false claim information.



Legislative actions:
action_date: 2008-09-25
text: By Senator Leahy from Committee on the Judiciary filed written report. Report No. 110-507.
action_date: 2008-09-25
text: By Senator Leahy from Committee on the Judiciary filed written report. Report No. 110-507.
action_date: 2008-07-29
text: Placed on Senate Legislative Calendar under General Orders. Calendar No. 910.
action_date: 2008-07-29
text: Committee on the Judiciary. Reported by Senator Leahy with an amendment in the nature of a substitute. Without written report.
action_date: 2008-07-29
text: Committee on the Judiciary. Reported by Senator Leahy with an amendment in the nature of a substitute. Without written report.
action_date: 2008-04-03
text: Committee on the Judiciary. Ordered to be reported with an amendment in the nature of a substitute favorably.
action_date: 2008-02-27
text: Committee on the Judiciary. Hearings held. Hearings printed: S.Hrg. 110-412.
action_date: 2007-09-12
text: Read twice and referred to the Committee on the Judiciary. (text of measure as introduced: CR S11508-11509)
action_date: 2007-09-12
text: Sponsor introductory remarks on measure. (CR S11506-11507)
action_date: 2007-09-12
text: Introduced in Senate