S. 3018 – Reading Mode

108th CONGRESS

2nd Session

S. 3018

IN THE SENATE OF THE UNITED STATES

November 19, 2004

Mr. Grassley introduced the following bill; which was read twice and referred to the Committee on the Judiciary

A BILL

To direct the Inspector General of the Department of Justice to submit semi-annual reports regarding settlements relating to false claims and fraud against the Federal Government.

False claims settlements

Section 8E of the Inspector General Act (5 U.S.C. App. 3) is amended by adding at the end the following:

(e)

(1)

In preparing the semi-annual report under section 5, the Inspector General of the Department of Justice shall describe each settlement or compromise of any claim, suit, or other action entered into with the Department of Justice that—

(A)

relates to an alleged violation of section 1031 of title 18, United States Code, or section 3729 of title 31, United States Code; and

(B)

results from a claim of damages in excess of $500,000.

(2)

The descriptions of each settlement or compromise required to be included in the semi-annual report under paragraph (1) shall include—

(A)

the amount of actual damages estimated to have been sustained;

(B)

the basis for the estimated damages caused by the violation;

(C)

the multiple of actual damages or, if less than single damages, the percentage of actual damages obtained;

(D)

the amount of criminal fines imposed;

(E)

the basis for the criminal fines;

(F)

the date of the settlement;

(G)

whether the defendant, and if the defendant is a corporation, whether 1 or more of its divisions, subsidiaries, affiliates, or related entities, has entered into any other settlement or compromise in the previous 25 years related to section 1031 of title 18, United States Code, or section 3730(b) of title 31, United States Code, and if so, the dates of such agreements;

(H)

whether the defendant, and if the defendant is a corporation, whether 1 or more of its divisions, subsidiaries, affiliates, or related entities, has entered into a corporate integrity agreement;

(I)

whether the defendant has entered into other corporate integrity agreements in the previous 10 years, and if so, the dates of such agreements;

(J)

in the case of settlements involving Medicaid, the amounts paid to the Federal government and to each of the States participating in the settlement;

(K)

whether civil investigative demands were issued in relation to the alleged violation of section 1031 of title 18, United States Code, or section 3730(b) of title 31, United States Code; and

(L)

in a qui tam action brought under section 3730(b) of title 31, United States Code—

(i)

the date of the filing of the complaint under seal;

(ii)

whether the person who filed that action also filed a motion requesting a fairness hearing;

(iii)

the amount of the relator's share; and

(iv)

whether the client agency participated in settlement discussions and negotiations.