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S. 1562Became Law

False Claims Amendments Act of 1986

(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.

Became Public Law No: 99-562.

Sen. Grassley, Chuck [R-IA](R-IA)Sponsor
13 cosponsors8 D6 R
13cosponsors2committees39actions2amendments3related bills28subjects
  1. PresidentE40000

    Became Public Law No: 99-562.

  2. BecameLaw36000

    Became Public Law No: 99-562.

  3. PresidentE30000

    Signed by President.

  4. BecameLaw36000

    Signed by President.

  5. FloorE20000

    Presented to President.

  6. President28000

    Presented to President.

  7. Floor

    Measure Signed in Senate.

  8. ResolvingDifferencesH41610

    House Agreed to Senate Amendments to House Amendments by Unanimous Consent.

  9. NotUsed19500

    Resolving differences -- House actions: House Agreed to Senate Amendments to House Amendments by Unanimous Consent.

  10. ResolvingDifferences

    Senate concurred in the House amendment with an amendment (SP 3214) by Voice Vote.

  11. NotUsed20500

    Resolving differences -- Senate actions: Senate concurred in the House amendment with an amendment (SP 3214) by Voice Vote.

  12. Floor

    Measure laid before Senate by unanimous consent.

  13. Floor

    Message on House action received in Senate and held at desk: House amendments to Senate bill.

  14. FloorH37100

    Passed House (Amended) by Voice Vote.

  15. Floor8000

    Passed/agreed to in House: Passed House (Amended) by Voice Vote.

  16. FloorH30000

    Called up by House by Unanimous Consent.

  17. DischargeH12300

    House Committee on The Judiciary Discharged by Unanimous Consent.

    Judiciary Committee
  18. Committee5500

    House Committee on The Judiciary Discharged by Unanimous Consent.

    Judiciary Committee
  19. CommitteeH11000

    Referred to Subcommittee on Administrative Law and Governmental Relations.

    Administrative Law and Governmental Relations Subcommittee
  20. IntroReferralH11100

    Referred to House Committee on The Judiciary.

    Judiciary Committee
  21. Floor

    Passed Senate with an amendment by Voice Vote.

  22. Floor17000

    Passed/agreed to in Senate: Passed Senate with an amendment by Voice Vote.

  23. Floor

    Committee substitute, as amended, agreed to by Voice Vote.

  24. Floor

    Measure laid before Senate by unanimous consent.

  25. Calendars

    Placed on Senate Legislative Calendar under General Orders. Calendar No. 742.

  26. Committee

    Committee on Judiciary. Reported to Senate by Senator Thurmond with an amendment in the nature of a substitute. With written report No. 99-345.

    Judiciary Committee
  27. Committee14000

    Committee on Judiciary. Reported to Senate by Senator Thurmond with an amendment in the nature of a substitute. With written report No. 99-345.

    Judiciary Committee
  28. Committee

    Committee on Judiciary. Ordered to be reported with an amendment in the nature of a substitute favorably.

    Judiciary Committee
  29. Committee

    Committee on Judiciary received executive comment from Justice Department.

    Judiciary Committee
  30. Committee

    Committee on Judiciary. Subcommittee on Criminal Law discharged from further consideration.

    Judiciary Committee
  31. Committee

    Committee on Judiciary. Hearings held on Section 5.

    Judiciary Committee
  32. Committee

    Subcommittee on Administrative Practice&Procedure. Approved for full committee consideration with an amendment in the nature of a substitute favorably.

    Human Rights and the Law Subcommittee
  33. Committee

    Committee on Judiciary received executive comment from Justice Department.

    Judiciary Committee
  34. Committee

    Subcommittee on Administrative Practice&Procedure. Hearings held. Hearings printed: S.Hrg. 99-452.

    Human Rights and the Law Subcommittee
  35. Committee

    Committee on Judiciary requested executive comment from Justice Department.

    Judiciary Committee
  36. Committee

    Committee on Judiciary. Referred jointly to the Subcommittee on Administrative Practice and Procedure.

    Human Rights and the Law Subcommittee
  37. Committee

    Committee on Judiciary. Referred jointly to the Subcommittee on Criminal Law.

    Terrorism, Technology, and Government Information Subcommittee
  38. IntroReferral

    Read twice and referred to the Committee on Judiciary.

    Judiciary Committee
  39. IntroReferral10000

    Introduced in Senate

Oct 3, 198639
(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.

Sep 9, 198636
(Measure passed House, amended, in lieu of H.R. 4827)

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). Increases the civil penalties for false claims.

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. Allows any 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.

Increases the maximum criminal penalty for false or fraudulent claims from five to ten years' imprisonment.

Aug 11, 198635
(Measure passed Senate, amended)

Amends the False Claims Act to increase the civil penalties for false claims. Provides that "knowing," for purposes of the prohibition concerning false claims, means that the defendant: (1) had actual knowledge; (2) acted in deliberate ignorance of the truth or falsity of the information; or (3) acted in reckless disregard of the truth or falsity of the information.

Defines "claim" to include any request or demand, whether under a contract or otherwise, for money or property made to a contractor or grantee if the Government provides any portion of such money or property or if the Government will reimburse such contractor or grantee for any portion of such money or property.

Allows the Attorney General to apply for provisional relief to any U.S. District Court having jurisdiction whenever there is reasonable cause to believe that a false claim has been made.

Imposes revised procedural requirements regarding qui tam actions (action by an individual in his/her behalf as well as for the State or others) brought under such Act. Allows the individuals who initiated such an action to proceed with the litigation if the Government elects not to proceed.

States that no person may bring a false claims action which is based upon allegations or transactions which are the subject of a suit or proceeding in which the Government is already a party.

Denies court jurisdiction over actions based upon the public disclosure of certain allegations or transactions unless such action is brought by the Attorney General or the original source of the information.

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 within the Department of Justice 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. Provides that the U.S. Court of Claims shall also have jurisdiction of any such action if the action is asserted by way of counterclaim by the United States.

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 uses of any information obtained through a civil investigation.

Provides that any employee discharged, demoted, suspended, threatened, harassed, or discriminated against in the terms or conditions of employment because of the good faith exercise of an option afforded by such Act shall be entitled to relief.

Raises criminal penalties for offenses involving false claims.

Jul 28, 198601
(Reported to Senate from the Committee on the Judiciary with amendment , S. Rept. 99-345)

Amends the False Claims Act to increase the civil penalties for false claims. Provides that "knowing," for purposes of the prohibition concerning false claims, means that the defendant: (1) had actual knowledge; or (2) neglected the duty to make reasonable inquiry in order to ascertain the true and accurate basis of the claim.

Defines "claim" to include any request or demand, whether under a contract or otherwise, for money or property made to a contractor or grantee if the Government provides any portion of such money or property or if the Government will reimburse such contractor or grantee for any portion of such money or property.

Allows the Attorney General to apply for provisional relief to any U.S. District Court having jurisdiction whenever there is reasonable cause to believe that a false claim has been made.

Imposes revised procedural requirements regarding qui tam actions (action by an individual in his/her behalf as well as for the State or others) brought under such Act. Allows the individuals who initiated such an action to proceed with the litigation if the Government elects not to proceed.

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 within the Department of Justice 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. Provides that the U.S. Court of Claims shall also have jurisdiction of any such action if the action is asserted by way of counterclaim by the United States.

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 uses of any information obtained through a civil investigation.

Provides that any employee discharged, demoted, suspended, threatened, harassed, or discriminated against in the terms or conditions of employment because of the good faith exercise of an option afforded by such Act shall be entitled to relief.

Raises criminal penalties for offenses involving false claims.

Aug 1, 198500

Amends the False Claims Act to increase the civil penalty for false claims. Provides that "knowing," for purposes of the prohibition, means the defendant: (1) had actual knowledge; or (2) had constructive knowledge, in that the defendant acted in reckless disregard of the truth.

Allows an action 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 Government to intervene in a civil action for false claims after the 60-day notice period has expired if the Government can demonstrate that it came into possession of new material evidence or information.

Requires the Court to dismiss an action brought by an individual under this section, unless the Government proceeds with its own action within 60 days after notification, if it finds that: (1) the action is based on specific information the Government disclosed as a basis for allegations made in prior administrative, civil, or criminal proceedings; or (2) the action is based on information disclosed during a congressional investigation or disseminated by the news media.

Establishes minimum award portions from the proceeds of an action or settlement to individuals who bring claims under such Act.

Entitles an employee retaliated against by an employer for his or her participation under such Act to full relief, including: (1) reinstatement with seniority rights; (2) backpay with interest; and (3) full compensation for any special damages. Allows the court to grant punitive damages as appropriate.

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

Amends the Federal Rules of Criminal Procedure with regard to the exceptions from the prohibition against disclosure of grand jury proceedings. Allows disclosure in certain circumstances for enforcement of Federal criminal and civil law and State criminal law. Authorizes disclosure to any Federal department or agency for the enforcement of Federal civil law or for a matter within the jurisdiction of such department or agency.

Amends the Federal criminal code to increase the penalties for the criminal offense of conspiring to defraud the Government with respect to false claims.