Summary: S.1562 — 99th Congress (1985-1986)All Information (Except Text)

Bill summaries are authored by CRS.

Shown Here:
Senate agreed to House amendment with amendment (10/03/1986)

(Senate agreed to House amendment with an amendment)

False Claims Amendments Act of 1986 - Amends the False Claims Act to include within its protection any property of the United States Government (currently limited to the property of the armed forces).

Defines "knowing" for the purposes of such Act to mean that the defendant: (1) has actual knowledge; (2) acts in deliberate ignorance of a fact's truth or falsity; or (3) acts in reckless disregard of the truth or falsity. Defines "claim" to include any request or demand for money or property which is made to a contractor or grantee if the Government provides or reimburses any portion of such money or property.

Revises the procedure for civil actions for false claims. Sets forth the rights of the parties and procedures (including awards for qui tam plaintiffs) with regard to qui tam actions.

Allows an employee who is disciplined by an employer for acting in furtherance of an investigation, testifying in, or assisting in an action filed under such Act to bring an action for damages in an appropriate U.S. district court.

Revises the statute of limitations for a false claims civil action to allow such an action to be brought within three years from when the material facts became known or should have become known to the official of the United States charged with the responsibility to act in the circumstances.

Establishes as the burden of proof in civil false claim cases proof by a preponderance of the evidence.

Provides that a final judgment rendered in favor of the United States in any criminal proceeding charging fraud or false statements shall prohibit the defendant from denying the essential elements of the offense in any civil action concerning false claims.

Allows a civil action concerning false claims to be brought in the judicial district where the defendant (or, in the case of multiple defendants, where any one defendant) is found, resides, transacts business, or where the violation allegedly occurred.

Authorizes the Attorney General to conduct False Claims Act investigations for the purpose of ascertaining whether any person has been engaged in any violations of a False Claims Act law. Provides that prior to the institution of a civil proceeding the Attorney General may require any person who may be in possession or control of any documentary material or who may have information relevant to a False Claims investigation to produce such documentary material for inspection, to answer written interrogatories, or to give oral testimony. Authorizes the Attorney General to issue in writing and cause to be served upon a person a civil investigative demand requiring the production of such information. Sets forth standards and procedures for the issuance and service of a civil investigative demand. Sets forth standards and procedures for the use and disclosure of any information obtained through a civil investigation.