S.Amdt. 3775
What it does: Adds SEC. ___. CIVIL ACTIONS FOR CERTAIN FALSE CLAIMS wherever appropriate
Sen. Tom Harkin (D-IA)What it changes
1 change to H.R. 4939
Adds SEC. ___. CIVIL ACTIONS FOR CERTAIN FALSE CLAIMS wherever appropriate
Adds a sectionInserted: SEC. ___. CIVIL ACTIONS FOR CERTAIN FALSE CLAIMS.
Inserted: (a) In General.--Section 3730(b)(3) of title 31, United States Code, is amended--
Inserted: (1) in this first sentence, by striking "The Government" and inserting "(A) Except as provided under subparagraph (B), the Government"; and
Inserted: (2) by adding at the end the following:
Inserted: "(B)(i) In this subparagraph, the term 'covered civil action' means any civil action brought under section 3729 regarding expenditures of Federal funds relating to Iraq, Afghanistan, or the global war on terrorism.
Inserted: "(ii) In any covered civil action, the total of all extensions under subparagraph (A) may not exceed 365 days, except that the Government may move the court for an additional extension upon a showing of extraordinary circumstances that disclosure of particular information in the complaint, material evidence, or other information would be detrimental to the public interest. If the Government makes such a showing, the court shall seal any of the evidence or information sufficient to prevent damage to the public interest and the civil action shall proceed.".
Inserted: (b) Effective Date and Application.--
Inserted: (1) Effective date.--The amendments made by this section shall take effect on the date of enactment of this Act and apply to any covered civil action (as defined under section 3730(b)(3)(B)(i) of title 31, United States Code, as added by subsection (a) of this section) filed on or after that date.
Inserted: (2) Application to certain prior civil actions.--
Inserted: (A) Limitation of extensions.--Except as provided under subparagraph (B), in any such covered civil action--
Inserted: (i) filed 240 days or more before the date of enactment of this Act, no extension granted under section 3730(b)(3)(A) of that title may be in effect following the date occurring 120 days after such date of enactment; and
Inserted: (ii) filed during the 239-day period preceding such date of enactment, no extension granted under section 3730(b)(3)(A) of that title may be in effect following the date occurring 365 days after the date of such filing.
Show 1 more inserted paragraphShow less
Inserted: (B) Exceptions.--The limitations under subpargraph (A) shall apply except for a showing by the Government of extraordinary circumstances that disclosure of particular information in the complaint, material evidence, or other information would be detrimental to the public interest. If the Government makes such a showing, the court shall seal any of the evidence or information sufficient to prevent damage to the public interest and the civil action shall proceed.
The amendment doesn't say where this goes; the clerk decides.
Original wording
At the appropriate place, insert the following:
Read automatically from the Congressional Record. Check the original before relying on it.
As printed
SA 3775. Mr. HARKIN (for himself, Mr. Johnson, and Mr. Kerry) submitted an amendment intended to be proposed by him to the bill H.R. 4939, making emergency supplemental appropriations for the fiscal year ending September 30, 2006, and for other purposes; which was ordered to lie on the table; as follows:
At the appropriate place, insert the following:
SEC. ___. CIVIL ACTIONS FOR CERTAIN FALSE CLAIMS.
(a) In General.--Section 3730(b)(3) of title 31, United States Code, is amended--
(1) in this first sentence, by striking “The Government” and inserting “(A) Except as provided under subparagraph (B), the Government”; and
(2) by adding at the end the following:
“(B)(i) In this subparagraph, the term ‘covered civil action' means any civil action brought under section 3729 regarding expenditures of Federal funds relating to Iraq, Afghanistan, or the global war on terrorism.
“(ii) In any covered civil action, the total of all extensions under subparagraph (A) may not exceed 365 days, except that the Government may move the court for an additional extension upon a showing of extraordinary circumstances that disclosure of particular information in the complaint, material evidence, or other information would be detrimental to the public interest. If the Government makes such a showing, the court shall seal any of the evidence or information sufficient to prevent damage to the public interest and the civil action shall proceed.”.
(b) Effective Date and Application.--
(1) Effective date.--The amendments made by this section shall take effect on the date of enactment of this Act and apply to any covered civil action (as defined under section 3730(b)(3)(B)(i) of title 31, United States Code, as added by subsection (a) of this section) filed on or after that date.
(2) Application to certain prior civil actions.--
(A) Limitation of extensions.--Except as provided under subparagraph (B), in any such covered civil action--
(i) filed 240 days or more before the date of enactment of this Act, no extension granted under section 3730(b)(3)(A) of that title may be in effect following the date occurring 120 days after such date of enactment; and
(ii) filed during the 239-day period preceding such date of enactment, no extension granted under section 3730(b)(3)(A) of that title may be in effect following the date occurring 365 days after the date of such filing.
(B) Exceptions.--The limitations under subpargraph (A) shall apply except for a showing by the Government of extraordinary circumstances that disclosure of particular information in the complaint, material evidence, or other information would be detrimental to the public interest. If the Government makes such a showing, the court shall seal any of the evidence or information sufficient to prevent damage to the public interest and the civil action shall proceed.
Legislative Activity
Stay on top of the latest movement without scrolling through every action
Senate amendment submitted
May 1, 2006