1.
Section 8E of the Inspector
General Act (5 U.S.C. App.) 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 (including all settlements of alternative
remedies); and
(B)
results from a claim of
damages in excess of $100,000.
(2)
The descriptions of each
settlement or compromise required to be included in the semi-annual report
under paragraph (1) shall include—
(A)
the overall amount of the
settlement or compromise and the portions of the settlement attributed to
various statutory authorities;
(B)
the amount of actual
damages estimated to have been sustained and the minimum and maximum potential
civil penalties incurred as a consequence of the defendants that is the subject
of the settlement or compromise;
(C)
the basis for the estimate
of damages sustained and the potential civil penalties incurred;
(D)
the amount of the
settlement that represents damages and the multiplier or percentage of the
actual damages applied in the actual settlement or compromise;
(E)
the amount of the
settlement that represents civil penalties and the percentage of the potential
penalty liability captured by the settlement or compromise;
(F)
the amount of the
settlement that represents criminal fines and a statement of the basis for such
fines;
(G)
the length of time involved
from the filing of the complaint until the finalization of the settlement or
compromise, including—
(i)
the date of the original
filing of the complaint;
(ii)
the time the case remained
under seal;
(iii)
the date upon which the
Department of Justice determined whether or not to intervene in the case;
and
(iv)
the date of settlement or
compromise;
(H)
whether any of the
defendants, or any divisions, subsidiaries, affiliates, or related entities,
had previously entered into 1 or more settlements or compromises 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 and monetary size of such settlements
or compromises;
(I)
whether the defendant or
any of its divisions, subsidiaries, affiliates, or related entities—
(i)
entered into a corporate
integrity agreement related to the settlement or compromise; and
(ii)
had previously entered into
1 or more corporate integrity agreements related to section 3730(b) of title
31, United States Code, and if so, whether the previous corporate integrity
agreements covered the conduct that is the subject of the settlement or
compromise being reported on or similar conduct;
(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 or compromise;
(K)
whether civil investigative
demands were issued in process of investigating the case;
(L)
in qui tam actions, the
percentage of the settlement amount awarded to the relator, and whether or not
the relator requested a fairness hearing pertaining to the percentage received
by the relator or the overall amount of the settlement;
(M)
the extent to which
officers of the department or agency that was the victim of the loss resolved
by the settlement or compromise participated in the settlement negotiations;
and
(N)
the extent to which
relators and their counsel participated in the settlement negotiations.
.