[Congressional Bills 106th Congress]
[From the U.S. Government Publishing Office]
[S. 1269 Introduced in Senate (IS)]







106th CONGRESS
  1st Session
                                S. 1269

 To provide that the Federal Government and States shall be subject to 
the same procedures and substantive laws that would apply to persons on 
   whose behalf certain civil actions may be brought, and for other 
                               purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                             June 23, 1999

  Mr. McConnell (for himself and Mr. Hatch) introduced the following 
    bill; which was read twice and referred to the Committee on the 
                               Judiciary

_______________________________________________________________________

                                 A BILL


 
 To provide that the Federal Government and States shall be subject to 
the same procedures and substantive laws that would apply to persons on 
   whose behalf certain civil actions may be brought, and for other 
                               purposes.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Litigation Fairness Act of 1999''.

SEC. 2. DEFINITION.

    In this Act, the term ``State'' means any State of the United 
States, the District of Columbia, the Commonwealth of Puerto Rico, the 
Northern Mariana Islands, the Virgin Islands, Guam, American Samoa, and 
any other territory or possession of the United States, and any 
department or political division thereof (including any municipality, 
town, township, or county).

SEC. 3. GOVERNMENTAL RECOUPMENT ACTIONS.

    In any civil action in which the United States, or any State that 
accepts Federal funds, seeks to recover directly from any defendant, to 
the extent permitted by applicable Federal or State law, any benefits 
or services the United States or such State has provided or paid for or 
is obligated directly or indirectly to provide or pay for on behalf of 
another person, the United States or such State shall be subject to the 
same procedural rules and substantive law (including notification 
requirements, limitations, and affirmative defenses) that would apply 
to a claim brought against such defendant by the person on whose behalf 
the benefits or services were provided or paid or are obligated to be 
provided or paid.

SEC. 4. EFFECTIVE DATE.

    This Act shall take effect on the date of enactment of this Act and 
shall apply to any civil action the trial of which has not begun before 
the date of enactment of this Act.
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