[Congressional Bills 108th Congress]
[From the U.S. Government Publishing Office]
[S. 3018 Introduced in Senate (IS)]







108th CONGRESS
  2d Session
                                 S. 3018

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.


_______________________________________________________________________


                   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.

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

SECTION 1. 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.''.
                                 <all>