Page:United States Statutes at Large Volume 100 Part 4.djvu/226

 100 STAT. 3154

PUBLIC LAW 99-562—OCT. 27, 1986

"(B) such person fully cooperated with any Government investtigation of such violation; and "(C) at the time such person furnished the United States with the information about the violation, no criminal prosecution, civil action, or administrative action had commenced under this title with respect to such violation, and the person did not have actual knowledge of the existence of an investigation into such violation; the court may assess not less than 2 times the amount of damages ' • -. which the Government sustains because of the act of the person. A person violating this subsection shall also be liable to the United V., States Government for the costs of a civil action brought to recover any such penalty or damages. "(b) KNOWING AND KNOWINGLY DEFINED.—For purposes of this section, the terms 'knowing' and 'knowingly' mean that a person,, I,,G with respect to information— "(1) has actual knowledge of the information; "(2) acts in deliberate ignorance of the truth or falsity of the information; or "(3) acts in reckless disregard of the truth or falsity of the information, and no proof of specific intent to defraud is required. "(c) CLAIM DEFINED.—For purposes of this section, 'claim' includes any request or demand, whether under a contract or otherwise, for money or property which is made to a contractor, grantee, or other recipient if the United States Government provides any portion of the money or property which is requested or demanded, or if the Government will reimburse such contractor, grantee, or other recipient for any portion of the money or property which is requested or demanded. "(d) EXEMPTION FROM DISCLOSURE.—Any information furnished pursuant to subparagraphs (A) through (C) of subsection (a) shall be exempt from disclosure under section 552 of title 5. "(e) EXCLUSION.—This section does not apply to claims, records, or 26 USC 1 et seq. statements made under the Internal Revenue Code of 1954.". SEC. 3. CIVIL ACTIONS FOR FALSE CLAIMS.

Section 3730 of title 31, United States Code, is amended to read as follows: "§ 3730. Civil actions for false claims "(a) RESPONSIBIUTIES OF THE ATTORNEY GENERAL.—The Attorney

28 USC app.

General diligently shall investigate a violation under section 3729. If the Attorney General finds that a person has violated or is violating section 3729, the Attorney General may bring a civil action under this section against the person. "(b) ACTIONS BY PRIVATE PERSONS.—(1) A person may bring a civil action for a violation of section 3729 for the person and for the United States Government. The action shall be brought in the name of the Government. The action may be dismissed only if the court and the Attorney General give written consent to the dismissal and their reasons for consenting. "(2) A copy of the complaint and written disclosure of substantially all material evidence and information the person possesses shall be served on the Government pursuant to Rule 4(d)(4) of the Federal Rules of Civil Procedure. The complaint shall be filed in camera, shall remain under seal for at least 60 days, and shall not

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