[Congressional Record Volume 153, Number 4 (Tuesday, January 9, 2007)]
[Senate]
[Page S298]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

      By Mr. GRASSLEY:
  S. 226. 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; to the Committee 
on Homeland Security and Governmental Affairs.
  Mr. GRASSLEY. Mr. President, I ask unanimous consent that the text of 
this bill be printed in the Record.
  There being no objection, the text of the bill was ordered to be 
printed in the Record, as follows:

                                 S. 226

       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.) 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.''.
                                 ______