False Claims Act Correction Act of 2008
Latest action · Sep 25, 2008 By Senator Leahy from Committee on the Judiciary filed written report. Report No. 110-507.
Progress
Where this bill reached, and when. A stage with no date was not reached; one that failed a vote and later carried shows the date it carried.
- IntroducedSep 12, 2007
- Passed SenateNot reached
- Passed HouseNot reached
- To the PresidentNot reached
- Became lawNot reached
Summary
False Claims Act Correction Act of 2008 - (Sec. 2) Amends False Claims Act liability provisions to eliminate the requirement that a false or fraudulent claim for government money or property must be presented to an officer or employee of the U.S. Government (thus creating liability where a false or fraudulent claim is presented to a contractor or grantee of a federal program).
(Sec. 3) Allows the government, under specified circumstances, to move to dismiss from a civil action for false claims a qui tam relator (i.e., whistleblower) that is an employee of the federal government or a family member of a federal employee.
(Sec. 4) Declares that: (1) no claim for a violation of the False Claims Act may be waived or released by any action of any person, except as part of a court approved settlement of a false claim civil action; and (2) nothing in this Act shall be construed to limit the ability of the United States to decline to pursue any claim or to require court approval of a settlement.
Requires the dismissal of a civil action for false claims if substantially the same matters in the action were contained in a criminal proceeding or were disclosed in a news media report or public congressional hearing, report, or investigation.
Expands the authority of a court to reduce an award under the False Claims Act if the court finds that knowledge of the claims in the civil action came primarily from specific information relating to allegations or transactions (other than information provided by the person bringing the action) that the government publicly disclosed or that the government disclosed privately to the person bringing the action in the course of its investigation into potential violations.
(Sec. 5) Includes government contractors or agents under provisions granting relief from retaliatory actions taken against government employees for lawful acts taken to stop false claim violations.
(Sec. 6) Establishes a 10-year limitation period for bringing a civil action under the False Claims Act. Allows the government to intervene in a civil action by filing its own complaint or amending the complaint of an individual who has brought a claim under the Act. Provides that the filing date of any such complaint or amended complaint shall relate back to the filing date of the complaint brought by the person filing the original complaint, for statute of limitation purposes.
(Sec. 7) Allows: (1) a designee of the Attorney General to issue a civil investigative demand in an action under the False Claims Act; and (2) the sharing of information obtained by a civil investigative demand with any qui tam relator if the Attorney General or designee determines such sharing to be a necessary part of a False Claim Act investigation. Expands the definition of "official use" to facilitate Department of Justice (DOJ) use and sharing of false claim information.
Cosponsors 4
Members who signed on, in the order they did. All signed on Sep 12, 2007.
| Seat | Cosponsor | Signed on | |
|---|---|---|---|
| D-PA | Arlen Specter | Original | Sep 12, 2007 |
| D-VT | Patrick J. Leahy | Original | Sep 12, 2007 |
| D-IL | Richard J. Durbin | Original | Sep 12, 2007 |
| D-RI | Sheldon Whitehouse | Original | Sep 12, 2007 |
Committees 1
Where it was sent and what each committee and subcommittee did with it, in order.
| Chamber | Committee | What it did |
|---|---|---|
| Senate | Judiciary Committee | Referred Sep 12, 2007Hearings Feb 27, 2008Markup Apr 3, 2008Reported Jul 29, 2008 |
Actions 8
Everything that happened, newest first.
- Sep 25, 2008By Senator Leahy from Committee on the Judiciary filed written report. Report No. 110-507.
- Jul 29, 2008Committee on the Judiciary. Reported by Senator Leahy with an amendment in the nature of a substitute. Without written report.
- Jul 29, 2008Placed on Senate Legislative Calendar under General Orders. Calendar No. 910.
- Apr 3, 2008Committee on the Judiciary. Ordered to be reported with an amendment in the nature of a substitute favorably.
- Feb 27, 2008Committee on the Judiciary. Hearings held. Hearings printed: S.Hrg. 110-412.
In the Congressional Record 1
Days the Record’s own index lists this bill, newest first, with the pages and the members it names. Pages starting H are the House, S the Senate, E Extensions of Remarks.
| Where | In the Record | Members | Date |
|---|---|---|---|
| Senate | Debate and remarks S11506–S11510Text printed S11508 | Arlen Specter D-PA, Chuck Grassley R-IA (text), Richard J. Durbin D-IL | Sep 12, 2007 |
Research
What has been written about this bill: committee reports, cost estimates, the sponsor’s authority statement, printed hearings and the Congressional Research Service’s work.
Committee report
Congressional Budget Office cost estimates 2
- Apr 21, 2008S. 2041, False Claims Act Correction Act of 2008<p>Cost estimate for the bill as ordered reported by the Senate Committee on the Judiciary on April 3, 2008</p>
- Apr 21, 2008S. 2041, False Claims Act Correction Act of 2008Cost estimate for the bill as ordered reported by the Senate Committee on the Judiciary on April 3, 2008
Printed hearings 2
Hearings whose printed record names this bill, newest first: hearings on it, and wider hearings where it came up.
| Number | Hearing | Committee | Held |
|---|---|---|---|
| S. Hrg. 110-412 | THE FALSE CLAIMS ACT CORRECTION ACT (S. 2041): STRENGTHENING THE GOVERNMENT'S MOST EFFECTIVE TOOL AGAINST FRAUD FOR THE 21ST CENTURY209 pages | Judiciary Committee | Feb 27, 2008 |
| S. Hrg. 110-478 | CONFIRMATION HEARING ON THE NOMINATION OF MICHAEL B. MUKASEY TO BE ATTORNEY GENERAL OF THE UNITED STATES486 pages | Judiciary Committee | Oct 17, 2007–Oct 18, 2007 |
Related bills 1
Companion bills and other measures the record links to this one.
| Bill | Title | Relationship | Latest action |
|---|---|---|---|
| HR 4854 | False Claims Act Correction Act of 2007 | Related bill | Jul 16, 2008 |
Titles 3
Every title it has carried, official and short, at each stage.
- Official Title as Introduced
- A bill to amend the False Claims Act.
- Short Titles as Introduced
- False Claims Act Correction Act of 2007
- Short Titles as Reported to Senate
- False Claims Act Correction Act of 2008
Subjects
Assigned by the Library of Congress. Policy area: Law.
Text 2
Each version as it was printed, newest first.
- Jul 29, 2008Reported to Senate
- Sep 12, 2007Introduced in Senate
Everything here is as published by Congress: the summary is the Congressional Research Service's, the action wording is the clerks', and the subjects are the Library of Congress's. How far it got is read from the actions themselves, taking the most recent one of each kind, so a bill that failed a vote and later passed is shown as having passed. Records come from this bill on Congress.gov and govinfo.gov; cost estimates are the Congressional Budget Office's, and the hearings are the printed hearings GovInfo publishes, which can appear months after the hearing.
