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Regulations.

PUBLIC LAW 99-556—OCT. 27, 1986

election, and must precede the date on which the employee or Member becomes 62 years of age. "(3) The Office shall prescribe regulations under which an election under paragraph (2) shall be made.". (b)

' '

CONFORMING

AMENDMENTS.—(1)

Section

8413(b)(l)

is

amended— (A) in the first sentence, by inserting "but before attaining the applicable minimum retirement age under section 8412(h)" before "is entitled"; and (B) in the second sentence, by striking out "the applicable minimum retirement age under section 8412(h)" and inserting in lieu thereof "such minimum retirement age". (2) Subparagraphs (A) and (B) of section 8415(f)(2) are amended by inserting "8412(g) or" before "8413(b)". SEC. 106. AMENDMENT TO SECTION 8452.

The second sentence of section 8452(b)(3) is amended by striking out "(a)(l)(A)," and inserting in lieu thereof "(a)(l)(A)(i),". SEC. 107. LUMP-SUM CREDIT.

Section 8401(19) is amended— r, (1) in subparagraph (B), by striking out "and"; (2) by redesignating subparagraph (C) as subparagraph (D); and (3) by inserting after subparagraph (B) the following: "(C) amounts deposited by an employee. Member, or survivor under section 8411(f); and". SEC. 108. CLARIFICATION RELATING TO FIDUCIARIES.

Section 8478(a)(l) is amended by striking out "(other" and all that follows thereafter through "member)". SEC. 109. DEFINITION OF A "LOSS".

Section 8401(18) is amended to read as follows: "(18) the term 'loss', as used with respect to the Thrift Savings Fund, includes the amount of any loss resulting from the investment of sums in such Fund, or from the breach of any responsibility, duty, or obligation under section 8477.". SEC. 110. INVESTIGATIVE AUTHORITY.

(a) IN GENERAL.—Title 5, United States Code, is amended by inserting after section 8478 the following:

29 USC 1134.

"§ 8478a. Investigative authority "Any authority available to the Secretary of Labor under section 504 of the Employee Retirement Income Security Act of 1974 is hereby made available to the Secretary of Labor, and any officer designated by the Secretary of Labor, to determine whether any person has violated, or is about to violate, any provision of section 8477 or 8478.". (b) CHAPTER ANALYSIS.—The analysis for chapter 84 is amended by inserting after the item relating to section 8478 the following: "8478a. Investigative authority.".

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100 STAT. 3133

SEC. 111. INTERIM EXEMPTION PROCEDURES.

(a) IN GENERAL.—Subject to subsection (b), until such time as final 5 USC 8477 note. regulations under subparagraph (A) of section 8477(c)(3) of title 5, United States Code, become effective, the Secretary of Labor may, in accordance with procedures under section 408(a) of the Employee Retirement Income Security Act of 1974, grant any exemption 29 USC 1108. allowable under such section 8477(c)(3). (b) TERMINATION OF INTERIM AUTHORITY.—The authority to grant an exemption under section 8477(c)(3) of title 5, United States Code, using the procedures under section 408(a) of the Employee Retirement Income Security Act of 1974 shall expire not later than December 31, 1988. SEC. 112. ADOPTION OF ERISA ADMINISTRATIVE EXEMPTIONS.

Section 8477(c)(3) is amended by adding at the end thereof the Federal following:

Register,

"(E) Notwithstanding subparagraph (D), the Secretary of Labor Publication. may determine that an exemption granted for any class of fiduciaries or transactions under section 408(a) of the Employee Retirement Income Security Act of 1974 shall, upon publication of notice 29 USC 1108. in the Federal Register under this subparagraph, constitute an exemption for purposes of the provisions of paragraph (2).". SEC. 113. INTERIM BONDING REGULATIONS.

(a) IN GENERAL.—Subject to subsection (b), until such time as the 5 USC 8478 note. Secretary of Labor promulgates final regulations under section 8478 of title 5, United States Code, the Secretary of Labor may, with respect to the Thrift Savings Fund, apply the temporary regulations under section 412 of the Employee Retirement Income Security Act of 1974 that are set forth in section 2550.412-1, and subchapter I of 29 USC 1112. chapter XXV, of title 29 of the Code of Federal Regulations, as in effect on September 23, 1986. 0)) TERMINATION OF INTERIM AUTHORITY.—The authority to apply the temporary regulations referred to in subsection (a) with respect to the Thrift Savings Fund shall expire not later than December 31, 1989. SEC. 114. ALLOCATION OF FIDUCIARY RESPONSIBILITIES.

(a) INTERIM PROCEDURES.—(1) Subject to paragraph (2), until such 5 USC 8477 note. time as final regulations under subparagraph (E) of section 8477(e)(l) of title 5, United States Code, become effective, a fiduciary (as defined by section 8477(a)(3) of title 5, United States C!ode) may, in accordance with procedures established by the Federal Retirement Thrift Investment Board, make any allocation of fiduciary responsibilities. (2) The authority to make any allocation under section 8477(e)(l)(E) using the procedures referred to in paragraph (1), and any allocation so made using such procedures, shall expire not later than December 31, 1988. (b) CONFORMING AMENDMENT.—Section 8477(e) dXEXi) is amended by striking "Board" and inserting "Secretary of Labor (or the Board under section 114 of the Federal Employees' Retirement System Technical Corrections Act of 1986)".

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license: Creative Commons - Attribution Share-Alike - https://creativecommons.org/licenses/by-sa/4.0/


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 100 STAT. 3134

PUBLIC LAW 99-556—OCT. 27, 1986

SEC. 115. SURETY CORPORATIONS.

> o •";-•;,.t. '

.,jj,

Section 8478(c)(2) is amended by striking out "sections 6 through 13 of title 6" and inserting in lieu thereof "sections 9304 through 9308 of title 31". SEC. 116. AUTHORITY TO EXCLUDE CERTAIN EMPLOYEES SERVING ON A TEMPORARY OR INTERMITTENT BASIS.

Section 8402(c) is amended by adding at the end thereof the following: "(5) The Clerk of the House of Representatives and the Secretary of the Senate each may exclude from the operation of this chapter a Congressional employee— "(A) whose employment is temporary or intermittent; and "(B) who is paid by such Clerk or Secretary, as the case may i." • '

f-; ' '

be.

"(6) The Director of the Office of Technology Assessment may exclude from the operation of this chapter an employee under the Office of Technology Assessment whose employment is temporary or intermittent.". SEC. 117. CLARIFICATIONS RELATING TO COMPUTATION OF SURVIVOR'S BENEFITS FOR A CHILD.

J.

r

(a) AMOUNT REFLECTS C S R S ADJUSTMENTS.—Section 8443(a)(2) is amended by inserting "(including any adjustment based on section 8340)" after "83". (b) AMOUNT DOES NOT REFLECT F E R S ADJUSTMENTS.—Section

8462(b)(3) is amended by adding at the end thereof the following: "Nothing in the preceding sentence shall affect the computation of any amount under section 8443(a)(2).". "

SEC. 118. AMENDMENT RELATING TO SECTION 8457.

Section 8457(a) is amended by striking out "subsection (c)" each place it appears and inserting in lieu thereof "subsection (b)". SEC. 119. AMENDMENT RELATING TO SECTION 8401(11).

Section 8401(11) is amended by striking out "any o f each place it appears. '

SEC. 120. COMMENCEMENT DATE OF ANNUITY FOR THE WIDOW OR WIDOWER OF AN EMPLOYEE OR MEMBER WHO DIES ENTITLED TO A DEFERRED ANNUITY.

Section 8442(c)(2)(b)(i)(I) is amended to read as follows: "(I) on the day after the date on which the former employee or Member would have attained age 62 (or, if applicable, either age 60 if the former employee or Member completed at least 20 years of service, or the applicable minimum retirement age (under section 8412(h)) if the former employee or Member completed at least 30 years of service); or". SEC. 121. REDUCTIONS BASED ON EARNINGS TO TERMINATE AFTER ENTITLEMENT TO ANNUITY SUPPLEMENT ENDS.

Section 8421a is amended by striking out subsection (c), and redesignating subsection (d) as subsection (c).

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 PUBLIC LAW 99-556—OCT. 27, 1986

100 STAT. 3135

TITLE II—AMENDMENTS RELATING TO TITLE II OF THE FEDERAL EMPLOYEES' RETIREMENT SYSTEM ACT OF 1986 SEC. 201. EMPLOYEES OF THE GOVERNMENT OF THE DISTRICT OF COLUMBIA.

Subsection (c) of section 207 of the Federal Employees' Retirement System Act of 1986 is amended— (1) by redesignating such subsection as subsection (c)(1); and 5 USC 6301. (2) by adding at the end thereof the following: "(2) The amendment made by paragraph (1) shall not result in the 5 USC 6301 note, coverage, under subchapter I of chapter 63 of title 5, United States Code, of any individual (or class of individuals) employed by the government of the District of Columbia who would not have been covered under such subchapter if such amendment had not been made.". SEC. 202. AMENDMENT RELATING TO RETIREMENT COUNSELING.

Section 8350(c)(1) of title 5, United States Code, as added by section 205 of the Federal Employees' Retirement System Act of 1986 (Public Law 99-335; 100 Stat. 592), is amended by striking out "(b)(1)" and inserting in lieu thereof "(b)".

TITLE III—AMENDMENTS RELATING TO TITLE III OF THE FEDERAL EMPLOYEES' RETIREMENT SYSTEM ACT OF 1986 SEC. SOL ELECTIONS FOR CERTAIN INDIVIDUALS NOT COVERED AS OF DECEMBER 31, 1986.

Section 301(b)(3) of the Federal Employees' Retirement System 5 USC 8331 note. Act of 1986 (Public Law 99-335; 100 Stat. 599) is amended to read as follows: "(3)(A) If, as of December 31, 1986, the individual is not subject to subchapter III of chapter 83 of title 5, United States Code, such individual may, during the 6-month period described in subsection (a)(1)(B)— "(i) elect to become subject to chapter 84 of such title; or ' ! "(ii) if such individual has not since made an election described in subparagraph (B), elect to become subject to subchapter III of chapter 83 of such title under the same terms and conditions as apply in the case of an individual described in section 8402(b)(2) of such title who is subject to such subchapter. "(B) Nothing in this paragraph shall be considered to preclude /;'; the individual from electing to become subject to subchapter III i of chapter 83 of such title pursuant to notification under section 8331(2) of such title— "(i) during the period after December 31, 1986, and before July 1, 1987; or "(ii) after December 31, 1987, if such individual has not - since become subject to subchapter III of chapter 83, or chapter 84, of such title.

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 100 STAT. 3136

PUBLIC LAW 99-556—OCT. 27, 1986 "(C) Any individual who becomes subject to subchapter III of chapter 83 of such title pursuant to notification under section 8331(2) of such title after December 31, 1986, shall become subject to such subchapter under the same terms and conditions as apply in the case of an individual described in section 84020>X2) of such title who is subject to such subchapter.".

SEC. 302. INTEREST ON REFUNDS. 5 USC 8331 note.

(a) REFUND B A S E D ON AN ELECTION TO BECOME SUBJECT TO THE FEDERAL EMPLOYEES' RETIREMENT SYSTEM.—Subparagraph (A) of

section 302(c)(2) of the Federal Employees' Retirement System Act of 1986 (Public Law 99-335; 100 Stat. 605) is amended to read as follows: "(A) shall be payable with interest, computed in accordance with paragraphs (2) and (3) of section 8334(e) of title 5, United States Code, and regulations prescribed by the Office of Personnel Mangigement.".

'

5 USC 8331 note.

(b) REFUND B A S E D ON AN ELECTION U N D E R SECTION 301(b)(l)(A) OF

FERSA.—Section 303(a) of the Federal Employees' Retirement System Act of 1986 (Public Law 99-335; 100 Stat. 605) is amended by adding at the end thereof the following; "A refund under this subsection shall be computed with interest in accordance with paragraphs (2) and (3) of section 8334(e) of title 5, United States Code, and regulations prescribed by the Office of Personnel Management.".

TITLE IV—FOREIGN SERVICE RETIREMENT SEC. 401. REFERENCES. Except as otherwise expressly provided, whenever in this title an amendment is expressed in terms of an amendment to a section or other provision, the reference shall be considered to be made to a section or other provision of chapter 8 of the Foreign Service Act of 1980 (22 U.S.C. 4041 et seq.). SEC. 402. ANNUITY OFFSET BY AMOUNT OF SOCIAL SECURITY BENEFITS.

42 USC 401.

Subsection (m) of section 806 (22 U.S.C. 4046) is amended to read as follows: "(m) The retirement, disability, or survivor annuity payable to any person based on the service of an individual subject to section 805(h) beginning with the first day of the month for which such person first becomes— "(1) eligible for an annuity under this subchapter based on the ? service of such individual, and "(2) entitled, or would, upon proper application, be entitled to old age, disability, or survivor benefits under title II of the Social Security Act based on the service of such individual under this subchapter, shall be computed as if section 8349 of title 5, United States Code, were applicable.". SEC.

'•

403. INCREASE IN CEILING ON ANNUAL RATE OF PAY FOR REEMPLOYED ANNUITANTS.

Paragraph (3) of section 824(b) (22 U.S.C. 4064(b)) is amended to read as follows:

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100 STAT. 3137

"(3)(A) The sum of— "(i) the total annuity payable under this chapter to an annuitant making an election under paragraph (1), and "(ii) the annual rate of pay payable to the annuitant during the part-time, intermittent, or temporary employment referred to in paragraph (1), may not exceed, in any calendar year, the amount described in subparagraph (B). "(B) The amount referred to in subparagraph (A) is the greater of— "(i) the highest annual rate of basic pay which is payable during such year for full-time employment in the position in which the annuitant is employed, or "(ii) the basic pay the annuitant was entitled to receive under this Act on the date of retirement from the Service. "(C) For purposes of this section, the term 'annuity' means the annuity earned by the reemployed member based on his or her service irrespective of whether or not the amount payable is reduced by the amount of an annuity payable under section 814 or 820(b).". SEC. 404. THRIFT SAVINGS FUND PARTICIPATION BY FSRDS PARTICIPANTS.

(a) PARTICIPATION BY FSRDS PARTICIPANTS.—Subchapter I of chapter 8 is amended by adding after section 828 the following new section: "SEC. 829. THRIFT SAVINGS FUND PARTICIPATION.—Participants in this System shall be deemed to be employees for the purposes of section 8351 of title 5, United States Code. Any reference in such section 8351 or in subchapter III of chapter 84 of such title 5 to retirement or separation under subchapter III of chapter 83 or chapter 84 of such title 5 shall be deemed to be references to retirement or separation under subchapter I or II of this chapter with similar benefits or entitlements with respect to participants under such subchapter I or II, respectively.". (b) CONFORMING AMENDMENT TO TABLE OF CONTENTS.—The table of contents in section 2 of such Act is amended by inserting after the item relating to section 828 the following: "Sec. 829. Thrift Savings Fund participation.". SEC. 405. CREDITABLE SERVICE. (a) TREATMENT OF CONTRIBUTION FOR PRIOR SERVICE.—Subsection

(d) of section 854 (22 U.S.C. 4071c) is amended by striking out "which would have been deducted from pay under section 854(a) had the individual been a participant" and inserting in lieu thereof "which was deducted and withheld from the individual's basic pay under the other retirement system". (b) EMPLOYEE OF A MEMBER OR OFFICE OF THE CONGRESS.—Section

854 (22 U.S.C. 4071c) is amended by adding at the end thereof the following new subsection: "(e) A participant who, while on approved leave without pay, serves as a full-time paid employee of a Member or office of the Congress shall continue to make contributions to the Fund based upon the Foreign Service salary rate that would be in effect if the participant were in a pay status. The participant's employing Member or office in the Congress shall make a matching contribu-

22 USC 4069. 5 USC 8431 et I^S'-op, g„„. ^^^ *^^^^ ^'

seq.

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 100 STAT. 3138

PUBLIC LAW 99-556—OCT. 27, 1986

tion (from the appropriation or fund which is used for payment of the salary of the participant) to the Treasury of the United States to the credit of the Fund. AH periods of service for which full contributions to the Fund are made under this subsection shall be counted as creditable service for purposes of this subchapter and shall not, unless all retirement credit is transferred, be counted as creditable service under any other Government retirement system.". SEC. 406. ENTITLEMENT TO ANNUITY. (a) SERVICE AS A NONCAREER MEMBER OF THE FOREIGN SERVICE.—

Paragraph (1) of section 855(b) (22 U.S.C. 4071d) is amended by striking out "of service subject to this chapter" and inserting in lieu thereof "as a member of the Foreign Service". (b) CLARIFICATION OF RATES APPLICABLE TO ANNUITY COMPUTA-

TION.—Paragraph (2) of section 855(b) (22 U.S.C. 4071d(b)) is amended by striking out subparagraphs (A), (B), and (C) and inserting in lieu thereof the following: "(A) in accordance with section 8415(d)(1) of title 5, • «• United States Code, fDr all service while a participant in ,,,,|v this System and for prior service creditable under this subchapter not otherwise counted as— (i) a member of the Service, "(ii) an employee of the Central Intelligence Agency entitled to retirement credit under title II of the Central Intelligence Agency Retirement Act of 1964 for [">'• " Certain Employees or under section 302(a) or 303(b) of 50 USC 403 note. that Act, or -" "(iii) a participant as a Member of Congress, a congressional employee, law enforcement officer, firefighter, or air traffic controller in the Civil Service Retirement System under subchapter III of chapter 83, 5 USC 8331 et title 5, United States Code, or in the Federal Employseq. ees' Retirement System under chapter 84 of title 5, ,^ United States Code; and ^".*. ' "(B) at the rate stated in section 8415(a) of title 5, United States Code, for all other service creditable under this System including service in excess of 20 years otherwise creditable under paragraph (A).". (c) CLARIFICATION OF OTHER ANNUITY COMPUTATIONS RELATING TO INVOLUNTARY SEPARATION, DISABILITY, DEFERRED ANNUITY, AND SURVIVOR ANNUITY.—Subsection (b) of section 855 (22 U.S.C. 4071d)

is amended by adding at the end thereof the following: "(3) Any participant who is involuntarily retired or separated under section 607, 608, or 610 and who would if a participant under subchapter I, become eligible for a refund of contributions or a deferred annuity under subchapter I, shall, in lieu thereof, receive benefits for an involuntary separation under this subchapter. "(4) A disability annuity under this subchapter required to be redetermined under section 8452(b) of title 5, United States Code, or computed under section 8452(c) or (d) of such title 5, shall be recomputed or computed using the formula in subsection (b)(2)(A) of this section rather than section 8415 of such title 5 (as stated in section 8452(b)(2)(A) and 8452 (c) and (d) of such title). Such annuity shall also be computed in accordance with the preceding sentence if, as of the day on which such annuity commences or is restored, the annuitant satisfies the age and service requirements for entitlement to an immediate annuity under section 811 of this Act.

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 PUBLIC LAW 99-556—OCT. 27, 1986

100 STAT. 3139

"(5) A former participant entitled to a deferred annuity under section 8413(b) of title 5, United States Code, shall not be subject to section 8415(fKl) of such title 5 if the former participant has 20 years of service creditable under this subchapter and is at least 50 years of age as of the date on which the annuity is to commence. "(6)(A) The amount of a survivor annuity for a widow or widower of a participant or former participant shall be 50 percent of an annuity computed for the deceased under this subchapter rather than under section 8415 of such title 5 (as stated in sections 8442(a)(l), (b)(l)(B), and (c)(2) of such title). "(B) Any calculation for a widow or widower of a participant or former participant under section 8442(fK2XA) shall be based on an 'assumed FSRDS annuity' rather than an 'assumed CSRS annuity' as stated in such section. For the purpose of this subparagraph, the term 'assumed FSRDS annuity' means the amount of the survivor annuity to which the widow or widower would be entitled under subchapter I based on the service of the deceased annuitant determined under section 8442(fK5) of such title 5.". SEC. 407. CLARIFICATION OF DISQUALIFICATION OF FORMER SPOUSES FOR SURVIVOR BENEFIT IF REMARRIAGE BEFORE AGE 55.

Subsection (b) of section 861 (22 U.S.C. 4071j) is amended by adding at the end thereof the following: "(3) A former spouse shall not be qualified for any benefit under this subsection if, before the commencement of any benefit, the former spouse remarries before becoming 55 years of age.". ••.•..\>. SEC. 408. EFFECTIVE DATE. This title and the amendments made by this title shall take effect 22 USC 4046 on January 1, 1987. The amendment made by section 403 shall apply ^°^to any individual in a reemployed status on or after January 1, 1987.

TITLE V—MISCELLANEOUS PROVISIONS SEC. 501. TECHNICAL AMENDMEI4TS TO PUBLIC LAW 98-615.

(a) AMENDMENTS.—(1) Subsections (a)(4)(B), (a)(5)(B)(iii), and (f) of 5 USC 8341 note. section 4 of Public Law 98-615 (98 Stat. 3204), as amended by section 201 of Public Law 99-251 (100 Stat. 20), are amended by striking out "Federal Employees Benefits Improvement Act of 1985" and inserting in lieu thereof "Federal Employees Benefits Improvement Act of 1986". (2) Section 4(a)(5)(A) of Public Law 98-615, as so amended, is amended— (A) by striking out "Paragraphs (2)," and inserting in lieu thereof "Paragraphs"; and (B) by adding at the end thereof the following: "The paragraphs referred to in the preceding sentence f hall so apply only insofar as they relate to an election to provide a survivor annuity for a former spouse.". (b) EFFECTIVE DATE.—The amendments made by this section shall 5 USC 8341 note. be effective as of May 7, 1985.

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 100 STAT. 3140

PUBLIC LAW 99-556—OCT. 27, 1986

SEC. 502. CREDITABILITY OF CERTAIN MILITARY SERVICE IN COMPUTING AN ANNUITY FOR THE SURVIVOR OF AN EMPLOYEE OR MEMBER WHO DIES IN SERVICE.

Regulations. n ! f. ^

(a) CIVIL SERVICE RETIREMENT SYSTEM.—Section 8332(c) of title 5, United States Code, is amended by adding at the end thereof the following: "(3)(A) Notwithstanding paragraph (2) of this subsection, for purposes of computing a survivor annuity for a survivor of an employee or Member— "(i) who was awarded retired pay based on any period of military service, and "(ii) whose death occurs before separation from the service, creditable service of the deceased employee or Member shall include each period of military service includable under subparagraph (A) or (B) of paragraph (1) of this subsection, as applicable. In carrying out this subparagraph, any amount deposited under section 8334(h) of this title shall be taken into account. "(B) A survivor annuity computed based on an amount which, under authority of subparagraph (A), takes into consideration any period of military service shall be reduced by the amount of any survivor's benefits— "(i) payable to a survivor (other than a child) under a retirement system for members of the uniformed services; "(ii) if, or to the extent that, such benefits are based on such period of military service. "(C) The Office of Personnel Management shall prescribe regulations to carry out this paragraph, including regulations under which— "(i) a survivor may elect not to be covered by this paragraph; and "(ii) this paragraph shall be carried out in any case which involves a former spouse.". (b) FEDERAL EMPLOYEES' RETIREMENT SYSTEM.—Section 8411(c) of

title 5, United States Code, is amended by adding at the end thereof the following: "(4)(A) Notwithstanding paragraph (2), for purposes of computing a survivor annuity for a survivor of an employee or Member— "*"'•' "(i) who was awarded retired pay based on any period of military service, and "(ii) whose death occurs before separation from the service, creditable service of the deceased employee or Member shall include each period of military service includable under subparagraph (A) or (B) of paragraph (1) or under paragraph (3). In carrying out this subparagraph, any amount deposited under subsection (fK4) shall be taken into account. "(B) A survivor annuity computed based on an amount which, under authority of subparagraph (A), takes into consideration any period of military service shall be reduced by the amount of any survivor's benefits— "(i) payable to a survivor (other than a child) under a retirement system for members of the uniformed services; ^? "(ii) if, or to the extent that, such benefits are based on such period of military service. Regulations. "(C) The Office of Personnel Management shall prescribe regulations to carry out this paragraph, including regulations under which—

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 PUBLIC LAW 99-556—OCT. 27, 1986

100 STAT. 3141

"(i) a survivor may elect not to be covered by this paragraph; and "(ii) this paragraph shall be carried out in any case which involves a former spouse.", (c) APPLICABILITY.—(1) The amendments made by this section shall 5 USC 8332 note. apply to a survivor of an employee or Member who dies on or after the 180th day after the date of the enactment of this Act. (2) Upon application to the Office of Personnel Management, such amendments shall also apply to a survivor of an employee or Member whose date of death precedes such 180th day, except that any resulting recomputation shall not be effective for any period beginning before the 60th day after the date on which the application is received. SEC. 503. CLARIFICATION RELATING TO ELIGIBILITY OF CERTAIN SURVIVOR ANNUITANTS TO PARTICIPATE IN FEHBP.

Section 8901(3)(B) of title 5, United States Code, is amended by inserting after "of an employee" the following: "(including a family member entitled to an amount under section 8442(b)(l)(A), whether or not such family member is entitled to an annuity under section 8442(b)(l)(B))". SEC. 504. MANDATORY SEPARATION PROVISION NOT TO BE APPLIED RETROACTIVELY.

(a) IN GENERAL.—Section 8335(a) of title 5, United States Code, Air traffic shall not apply to any air traffic controller appointed before Janu- ^"^^'l^^il^^; ^ ary 1, 1987. ^ ^^^ ^^^^ ''°*^' (b) DEFINITION.—For purposes of this section, the term "air traffic controller" means any individual who— (1) is an air traffic controller within the meaning of section 2109(1) of title 5, United States (Dode, as in effect on January 1, 1987; but (2) is not an air traffic controller within the meaning of section 2109(1) of title 5, United States Code, as in effect on December 31, 1986. SEC. 505. COORDINATION WITH PAY PERIODS.

Under regulations prescribed by the Office of Personnel Manage- 5 USC 8331 note. ment, any reference to a specific date in section 302, 303, 305, or 702(a) of the Federal Employees' Retirement System Act of 1986

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 100 STAT. 3142

0

PUBLIC LAW 99-556—OCT. 27, 1986

(Public Law 99-335; 100 Stat. 514) shall, for purposes of individual contributions (including deductions from basic pay), Government contributions, and refunds, be deemed to be a reference to the first day of the first applicable pay period beginning on or after such date, or to the day before such first day, as appropriate. Approved October 27, 1986.

hi'"

LEGISLATIVE HISTORY—H.R. 5626: CONGRESSIONAL RECORD, Vol. 132 (1986): Oct. 6, considered and passed House. Oct. 8, considered and passed Senate.

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 PUBLIC LAW 99-557—OCT. 27, 1986 Public Law 99-557 99th Congress

100 STAT. 3143 ^

Joint Resolution To consent to an amendment enacted by the legislature of the State of Hawaii to the Hawaiian Homes Commission Act, 1920.

Oct. 27, 1986 [H.J. Res. 17]

Resolved by the Senate and House of Representatives of the United States of America in Congress assembled. That, as required by section 4 of the Act entitled "An Act to provide for the admission of the State of Hawaii into the Union", approved March 18, 1959 (73 Stat. 4), the United States hereby consents to all amendments to the 48 USC note Hawaiian Homes Commission Act, 1920, as amended, adopted be- prec. 491. tween August 21, 1959, and June 30, 1985, by the State of Hawaii, ^^ "^^ ^^^ "°*« either in the Constitution of the State of Hawaii or in the manner required for State legislation, except for Act 112 of 1981. Approved October 27, 1986.

LEGISLATIVE HISTORY—H.J. Res. 17: HOUSE REPORTS: No. 99-473 (Comm. on Interior and Insular Affairs). SENATE REPORTS: No. 99-478 (Comm. on Energy and Natural Resources). CONGRESSIONAL RECORD, Vol. 132 (1986): Apr. 8, considered and passed House. Oct. 8, considered and passed Senate. WEEKLY COMPILATION OF PRESIDENTIAL DOCUMENTS, Vol. 22 (1986): Oct. 27, Presidential statement.

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 100 STAT. 3144

PUBLIC LAW 99-558—OCT. 27, 1986

Public Law 99-558 99th Congress

, Joint Resolution

Oct. 27, 1986 [H.J. Res. 142]

To authorize the erection of a memorial on Federal land in the District of Columbia and its environs to honor the estimated five thousand courageous slaves and free black persons who served as soldiers and sailors or provided civilian assistance during the American Revolution and to honor the countless black men, women, and children who ran away from slavery or filed petitions with courts and legislatures seeking their freedom.

Resolved by the Senate and House of Representatives of the United States of America in Congress assembled, ' '

40 USC 1003 note.

AUTHORIZATION OF MEMORIAL

1. The Black Revolutionary War Patriots Foundation is authorized to establish a memorial on Federal land in the District of Columbia and its environs to honor the estimated five thousand courageous slaves and free black persons who served as soldiers and sailors or provided civilian assistance during the American Revolution and to honor the countless black men, women, and children who ran away from slavery or filed petitions with courts and legislatures seeking their freedom. Such memorial shall be established in accordance with the provisions of H.R. 4378, as approved by the House of Representative on September 29, 1986. SECTION

FUNDING

SEC. 2. The Black Revolutionary War Patriots Foundation shall establish the memorial with non-Federal funds. Approved October 27, 1986.

LEGISLATIVE HISTORY—H.J. Res. 142: HOUSE REPORTS: No. 99-340 (Coram, on House Administration). SENATE REPORTS: No. 99-462 (Comm. on Energy and Natural Resources). CONGRESSIONAL RECORD: Vol. 131 (1985): Nov. 4, 6, considered and passed House. Vol. 132 (1986): Oct. 16, considered and passed Senate, amended. Oct. 17, House concurred in Senate amendments.

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 PUBLIC LAW 99-559—OCT. 27, 1986

100 STAT. 3145

Public Law 99-559 99th Congress An Act Providing for furloughed employees compensation.

Oct. 27, 1986 [H.J. Res. 754]

Resolved by the Senate and House of Representatives of the United States of America in Congress assembled, Federal employees furloughed as a result of the lapse in appropriations from midnight October 16, 1986, until the enactment of House Joint Resolution 738 shall be compensated at their standard rate of Ante, p. 1783; compensation for the period during which there was a lapse in P^^^' P ^^^^ appropriations. AH obligations incurred in anticipation of the appropriations made and authority granted by that Act for the purposes of maintaining the essential level of activity to protect life and property and bring about orderly termination of government functions are hereby ratified and approved if otherwise in accord with the provisions of that Act. Approved October 27, 1986.

LEGISLATIVE HISTORY—H.J. Res. 754: CONGRESSIONAL RECORD, Vol. 132 (1986): Oct. 17, considered and passed House and Senate.

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 100 STAT. 3146

PUBLIC LAW 99-560—OCT. 27, 1986

Public Law 99-560 99th Congress Oct. 27, 1986 [S. 1082]

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f; An Act

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Granting the consent of Congress to the Arkansas-Mississippi Great River Bridge Construction Compact.

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Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1 CONSENT OF CONGRESS TO COMPACT. . The Congress consents to the Arkansas-Mississippi Great River Bridge Construction Compact, which was entered into between the States of Arkansas and Mississippi and was approved by law in the State of Arkansas on February 7, 1985, and in the State of Mississippi on March 19, 1985. The compact is substantially as follows: •

"ARKANSAS-MISSISSIPPI GREAT RIVER BRIDGE CONSTRUCTION COMPACT

"ARTICLE I

"The purpose of this compact is to promote the construction of a highway bridge or a combined highway-railroad bridge connecting the States of Mississippi and Arkansas at, near or between Rosedale, Mississippi, and McGehee and Dumas, Arkansas, and to establish a joint interstate authority to assist in these efforts. "ARTICLE II

Effective date.

"This Compact shall become effective immediately as to the States ratifying it whenever the States of Arkansas and Mississippi have ratified it and Congress has given consent thereto. "ARTICLE III

"(a) The states which are parties to this compact (hereinafter referred to as Tarty States') do hereby establish and create a joint agency which shall be known as the Arkansas-Mississippi Great River Bridge Authority (hereinafter referred to as The Authority'). The membership of The Authority shall consist of five (5) members from the State of Mississippi, to be selected in such manner as may be provided by laws enacted by the Legislature of the State of Mississippi, and five (5) members from the State of Arkansas, to be selected in such manner as may be provided by laws enacted by the Arkansas General Assembly. The terms of the members of such Authority from each of the Party States, the method of appointing successor members, and the method of filling vacancies on The Authority, shall be determined by the laws of Mississippi and Arkansas. "(b) The members of The Authority shall not be compensated for services on The Authority, but each member shall be entitled to actual and reasonable expenses incurred in attending meetings or

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100 STAT. 3147

incurred otherwise in the performance of his/her duties as a member of The Authority. "(c) The members of The Authority shall meet upon the call of the chairman and hold such other meetings as its business may require. Special meetings of The Authority may be called by the chairman or upon written request of a majority of the members of The Authority from each of the Party States. The Authority shall choose annually a chairman and vice chairman from its members, and the chairmanship shall rotate each year among the Party States, in order of their acceptance of this compact. "(d) The Secretary of The Authority (hereinafter provided for) shall notify each member in writing of all meetings of The Authority in such a manner and under such rules and regulations as The Authority may prescribe. "(e) The Authority shall adopt rules and regulations for the transaction of its business; and the secretary shall keep a record of all its business and shall furnish a copy thereof to each member of The Authority. "(f) It shall be the duty of The Authority, in general, to promote, encourage, and coordinate the efforts of the Party States to secure the development of the Arkansas-Mississippi Great River Bridge at, near or between Rosedale, Mississippi, and McGehee-Dumas, Arkansas. Toward this end. The Authority shall have power to: "(i) Hold hearings; "(ii) Conduct studies and surveys of all problems, benefits, and other matters associated with the construction of the ArkansasMississippi Great River Bridge, and to make reports thereon; "(iii) Acquire by gift, grant or otherwise, from local, federal, or private sources, such money or property as may be provided for the proper performance of their function, and to hold and dispose of the same and to expend such monies as is necessary to defray the costs of establishing and operating The Authority; "(iv) Cooperate with other public or private groups, whether local, state, regional, or national, having an interest in the bridge construction; "(v) Formulate and execute plans and policies for emphasizing the purpose of this compact before the Congress of the United States and other appropriate officers and agencies of the United States; "(vi) Negotiate with one or more railroads in the State of Mississippi and the State of Arkansas, and with the appropriate Federal authorities for the construction of the Arkansas-Mississippi Great River Bridge as a combined highway-railroad bridge. If necessary. The Authority may enter into a contract with one or more railroads and/or the appropriate agencies of the United States to borrow funds for the construction of the railroad portion of the bridge, to be reimbursed, including all costs of principal, interest and other costs in connection with such indebtedness, by revenues derived from rental fees, grants, or other charges, with such indebtedness to be secured solely by a pledge of such revenues; and "(vii) Exercise such other powers as may be appropriate to enable it to accomplish its functions and duties in connection with the construction of the Arkansas-Mississippi Great River Bridge as a highway bridge or a combined highway-railroad bridge, and to carry out the purposes of this compact.

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 100 STAT. 3148

PUBLIC LAW 99-560—OCT. 27, 1986 " ARTICLE IV

"The Authority shall appoint a secretary, who shall be a person familiar with the nature, procedures, and significance of the bridge construction and the informational, educational, and publicity methods of stimulating general interest in such developments, and who shall be the compact administrator. The term of office of the secretary shall be at the pleasure of The Authority and such officer shall receive such compensation as The Authority shall prescribe from monies provided to The Authority under Article III(f)(iii). The secretary shall maintain custody of The Authority's books, records, and papers, which shall be kept by the secretary at the office of The Authority, and shall perform all functions and duties and exercise all powers and authorities which may be delegated to the secretary of The Authority. ,;-. Y':K::^V,.;:- ^i.r--.

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"ARTICLE V

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"Nothing in this compact shall be construed so as to conflict with any existing statute, or to limit the powers of any Party State, or to repeal or prevent legislation, or to authorize or permit curtailment or diminution of any other bridge project, or to affect any existing or future cooperative arrangement or relationship between any federal agency and a Party State. "ARTICLE VI

"This compact shall continue in force and remain binding upon each Party State until the Legislature or Governor of each or either state takes action to withdraw therefrom; provided that such withdrawal shall not become effective until six (6) months after the date of the action taken by the Legislature or Governor. Notice of such action shall be given to the other Party State by the secretary of state of the Party State which takes such action.". SEC. 2. FEDERAL JURISDICTION RETAINED.

Nothing in the compact approved by section 1 shall be construed as impairing or in any manner affecting any right or jurisdiction of the United States. SEC. 3. RESERVATION.

The right to alter, amend, or repeal this Act is expressly reserved. Approved October 27, 1986.

LEGISLATIVE H I S TO R Y — S. 1082 (H.R. 5390):

HOUSE REPORTS: No. 99-911 accompanying H.R. 5390 (Comm. on the Judiciary). C O N G R E S S I O N A L RECORD:

Vol. 131 (1985): Dec. 3, considered and psissed Senate. Vol. 132 (1986): Sept. 29, H.R. 5390 considered and passed House; proceedings vacated and S. 1082, amended, peissed in lieu. Oct. 9, Senate concurred in House amendments.

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 PUBLIC LAW 99-561—OCT. 27, 1986 Public Law 99-561 99th Congress

•

100 STAT. 3149 -..

An Act To enhance the carrying out of fish and wildlife conservation and natural resource management programs on military reservations, and for other purposes.

Oct. 27, 1986 FS 13521

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. AUTHORIZATION OF APPROPRIATIONS.—(a) Subsections (b) and (c) of section 106 of the Sikes Act (16 U.S.C. 670f (b) and (c)) are each amended by striking out "and 1985," and inserting in lieu thereof "1985, 1986, 1987, and 1988,". (b) Subsections (a) and (b) of section 209 of the Sikes Act (16 U.S.C. 670o (a) and (b)) are each amended by striking out "and 1985," and 16 USC 670o. inserting in lieu thereof "1985, 1986, 1987, and 1988,". SEC. 2. NATURAL RESOURCES AND FISH AND WILDLIFE MANAGEMENT ON MILITARY RESERVATIONS; REPORT ON MILITARY EXPENDITURES FOR FISH AND WILDLIFE MANAGEMENT.

(a) NATURAL RESOURCES A^ANAGEMENT.—The Secretary of each military department shall manage the natural resources of each military reservation within the United States that is under the jurisdiction of the Secretary— (1) so as to provide for sustained multipurpose uses of those resources; and (2) to provide the public access that is necessary or appropriate for those uses; to the extent that those uses and that access are not inconsistent with the military mission of the reservation. (b) FISH AND WILDLIFE MANAGEMENT SERVICES.—The Secretary of

each military department shall ensure, to the extent feasible, that the services necessary for the development, implementation, and enforcement of fish and wildlife management on each military reservation within the United States under the jurisdiction of the Secretary are provided by the Department of Defense personnel who have professional training in those services. (c) FISH AND WILDLIFE MANAGEMENT REPORT.—The Secretary of

each military department shall submit to each House of the Congress, before the close of the 180-day period occurring after the close of fiscal year 1986, a detailed report setting forth the amount and purpose of all expenditures made during fiscal year 1986 for fish and wildlife management on each military reservation in the United States under the jurisdiction of the Secretary. (d) DEFINITIONS.—As used in this section— (1) The term "military department" means the Department of the Army, the Department of the Navy, and the Department of the Air Force. (2) The term "United States" means the States, the District of Columbia, the Commonwealth of Puerto Rico, and the territories and possessions of the United States.

16 USC 670a-l.

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 100 STAT. 3150

PUBLIC LAW 99-561—OCT. 27, 1986

-SEC. 3. SIKES ACT AMENDMENTS. (a) COOPERATIVE PLANS.—(1) Section 101 of the Act of Septem-

State and local governments.

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ber 15, 1960 (commonly referred to as the "Sikes Act"; 16 U.S.C. 670a) is amended to read as follows: "SEC. 101. (a) The Secretary of Defense is authorized to carry out a program of planning for, and the development, maintenance, and coordination of, wildlife, fish, and game conservation and rehabilitation in each military reservation in accordance with a cooperative plan mutually agreed upon by the Secretary of Defense, the Secretary of the Interior, and the appropriate State agency designated by the State in which the reservation is located. "(b) Each cooperative plan entered into under subsection (a)— "(1) shall provide for— "(A) fish and wildlife habitat improvements or modi/ fications, "(B) range rehabilitation where necessary for support of .,', V "(C) control of off-road vehicle traffic, and "(D) specific habitat improvement projects and related activities and adequate protection for species of fish, wild'" "t life, and plants considered threatened or endangered; '' ' "(2) must be reviewed as to operation and effect by the parties •^'^'* thereto on a regular basis, but not less often than every 5 years; "(3) shall, if a multiuse natural resources management plan is i?a applicable to the military reservation, be treated as the exclusive component of that management plan with respect to wild' '^^ life, fish, and game conservation and rehabilitation; and "(4) may stipulate the issuance of special State hunting and ia? fishing permits to individuals and require payment of nominal fees therefor, which fees shall be utilized for the protection, conservation, and management of fish and wildlife, including habitat improvement and related activities in accordance with the cooperative plan; except that— "(A) the Commanding Officer of the reservation or perils it sons designated by that Officer are authorized to enforce ' such special hunting and fishing permits and to collect the fees therefor, acting as agent or agents for the State if the \> > ut^ cooperative plan so provides, and "(B) the fees collected under this paragraph may not be expended with respect to other than the military reservation on which collected. "(c) After a cooperative plan is agreed to under subsection (a)— "(1) no sale of land, or forest products from land, that is within a military reservation covered by that plan may be made under section 2665(a) or (b) of title 10, United States Code; and "(2) no leasing of land that is within the reservation may be made under section 2667 of such title 10; unless the effects of that sale or leasing are compatible with the purposes of the plan. "(d) With regard to the implementation and enforcement of cooperative plans agreed to under subsection (a)— "(1) neither Office of Management and Budget Circular A-76 nor any successor circular thereto applies to the procurement of services that are necessary for that implementation and enforcement; and
 * ,..j, wildlife,
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 PUBLIC LAW 99-561—OCT. 27, 1986

100 STAT. 3151

"(2) priority shall be given to the entering into of contracts for the procurement of such implementation and enforcement servf ices with Federal and State agencies having responsibility for the conservation or management of fish or wildlife. "(e) Cooperative plans agreed to under the authority of this section and section 102 shall not be deemed to be, nor treated as, cooperative agreements to which the Federal Grant and Cooperative Agreement Act of 1977 (41 U.S.C. 501 et seq.) applies.". (2) Subsection (d)(1) of such section 101 (as added by paragraph (1)) shall not affect any contract entered into before the date of the enactment of this Act for the provision of services to implement or enforce a cooperative plan under this Act on any military installation; but shall apply to the renewal, after such date of enactment, of any such contract. (b) FUNDS COLLECTED UNDER PLANS.—Subsection (a) of section 106 of the Sikes Act (16 U.S.C. 670f(a)) is amended by adding at the end thereof the following new sentence: "All funds that are so collected shall remain available until expended.". SEC. 4. FOREST PRODUCTS ON MILITARY RESERVATIONS.

Section 2665 of title 10, United States Code, is amended as follows: (1) Subsection (d) is amended— (A) by striking out "available for operation and maintenance during a fiscal year"; (B) by striking out "expenses" and inserting in lieu thereof "costs"; and (C) by striking out "during such fiscal year". (2) Subsection (e)(1) is amended by striking out "for all expenses of production of forest products". (3) Subsection (f) is amended— (A) by striking out "expenses" in the matter preceding subparagraph (A) in paragraph (1) and inserting in lieu thereof "costs", (B) by amending paragraph (1)(C) to read as follows: "(C) for natural resources management that implements approved plans and agreements.", and (C) by amending paragraphs (2) and (3) to read as follows: "(2) There shall be deposited into the reserve account the total amount received by the United States as proceeds from the sale of forest products sold under subsections (a) and (b) less— "(A) reimbursements of appropriations made under subsection (d), and "(B) payments made to States under subsection (e).

Contracts.

16 USC 670b Contracts. 16 USC 670a note.

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 100 STAT. 3152

PUBLIC LAW 99-561—OCT. 27, 1986

"(3) The reserve account may not exceed $4,000,000 on December 31 of any calendar year. Unobligated balances exceeding $4,000,000 on that date shall be deposited into the United States Treasury.". Approved October 27, 1986.

LEGISLATIVE HISTORY—S. 1352 (H.R. 1202): HOUSE REPORTS: No. 99-129, Pt. 1 (Comm. on Merchant Marine and Fisheries) and Pt. 2 (Comm. on Armed Services), both accompanying H.R. 1202. CONGRESSIONAL RECORD: Vol. 131 (1985): July 29, H.R. 1202 considered and passed House. Vol. 132 (1986): Oct. 3, S. 1352 considered and passed Senate. Oct. 14, considered and passed House.

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 PUBLIC LAW 99-562—OCT. 27, 1986

100 STAT. 3153

Public Law 99-562 99th Congress An Act To amend title 31, United States Code, with respect to the fraudulent use of public property or money.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE.

This Act may be cited as the "False Claims Amendments Act of 1986".

Oct. 27, 1986 [S. 1562] False Claims Amendments Act of 1986. Courts, U.S. 31 USC 3701 note.

SEC. 2. FALSE CLAIMS.

Section 3729 of title 31, United States Code, is amended— (1) by striking the matter preceding paragraph (1) and inserting the following: "(a) LIABILITY FOR CERTAIN ACTS.—Any person who—"; (2) in paragraph (1) by striking "Government or a member of an armed force" and inserting "United States Government or a member of the Armed Forces of the United States"; (3) in paragraph (2) by inserting "by the Government" after "approved"; (4) in paragraph (4)— (A) by striking "public"; and (B) by striking "in an armed force" and inserting "by the Government"; (5) in paragraph (5)— (A) by striking "in an armed force" and inserting "by the Government"; and (B) by striking "or" after the semicolon; (6) in paragraph (6)— (A) by striking "a member of an armed force" and inserting "an officer or employee of the Government, or a member of the Armed Forces,"; and (B) by striking the period at the end of the paragraph and inserting "; or"; and (7) by adding at the end of the subsection the following: "(7) knowingly makes, uses, or causes to be made or used, a false record or statement to conceal, avoid, or decrease an obligation to pay or transmit money or property to the Government, is liable to the United States Government for a civil penalty of not less than $5,000 and not more than $10,000, plus 3 times the amount of damages which the Government sustains because of the act of that person, except that if the court finds that— "(A) the person committing the violation of this subsection furnished officials of the United States responsible for invesi tigating false claims violations with all information known to such person about the violation within 30 days after the date on which the defendant first obtained the information;

Armed Forces.

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 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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PUBLIC LAW 9 9 - 5 6 2 - O C T. 27, 1986

100 STAT. 3155

be served on the defendant until the court so orders. The Government may elect to intervene and proceed with the action within 60 days after it receives both the complaint and the material evidence and information. "(3) The Government may, for good cause shown, move the court for extensions of the time during which the complaint remains under seal under paragraph (2). Any such motions may be supported by affidavits or other submissions in camera. The defendant shall not be required to respond to any complaint filed under this section until 20 days after the complaint is unsealed and served upon the defendant pursuant to Rule 4 of the Federal Rules of Civil Procedure. 28 USC app. "(4) Before the expiration of the 60-day period or any extensions obtained under paragraph (3), the Government shall— "(A) proceed with the action, in which case the action shall be conducted by the Government; or "(B) notify the court that it declines to take over the action, in which case the person bringing the action shall have the right to conduct the action. "(5) When a person brings an action under this subsection, no person other than the Government may intervene or bring a related action based on the facts underlying the pending action. "(c) RIGHTS OF THE PARTIES TO QUI TAM ACTIONS.—(1) If

the

Government proceeds with the action, it shall have the primary responsibility for prosecuting the action, and shall not be bound by an act of the person bringing the action. Such person shall have the right to continue as a party to the action, subject to the limitations set forth in paragraph (2). "(2)(A) The Government may dismiss the action notwithstanding the objections of the person initiating the action if the person has been notified by the Government of the filing of the motion and the court has provided the person with an opportunity for a hearing on the motion. "(B) The Government may settle the action with the defendant notwithstanding the objections of the person initiating the action if the court determines, after a hearing, that the proposed settlement is fair, adequate, and reasonable under all the circumstances. Upon a showing of good cause, such hearing may be held in camera. "(C) Upon a showing by the Government that unrestricted participation during the course of the litigation by the person initiating the action would interfere with or unduly delay the Government's prosecution of the case, or would be repetitious, irrelevant, or for purposes of harassment, the court may, in its discretion, impose limitations on the person's participation, such as— "(i) limiting the number of witnesses the person may call; "(ii) limiting the length of the testimony of such witnesses; "(iii) limiting the person's cross-examination of witnesses; or "(iv) otherwise limiting the participation by the person in the litigation. "(D) Upon a showing by the defendant that unrestricted participation during the course of the litigation by the person initiating the action would be for purposes of harassment or would cause the defendant undue burden or unnecessary expense, the court may limit the participation by the person in the litigation. "(3) If the Government elects not to proceed with the action, the person who initiated the action shall have the right to conduct the action. If the Government so requests, it shall be served with copies

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 100 STAT. 3156

i • ' Q

PUBLIC LAW 99-562—OCT. 27, 1986

of all pleadings filed in the action and shall be supplied with copies of all deposition transcripts (at the Government's expense). When a person proceeds with the action, the court, without limiting the status and rights of the person initiating the action, may nevertheless permit the Government to intervene at a later date upon a showing of good cause. "(4) Whether or not the Government proceeds with action, upon a showing by the Government that certain actions of discovery by the person initiating the action would interfere with the Government's investigation or prosecution of a criminal or civil matter arising out of the same facts, the court may stay such discovery for a period of not more than 60 days. Such a showing shall be conducted in camera. The court may extend the 60-day period upon a further showing in camera that the Government has pursued the criminal or civil investigation or proceedings with reasonable diligence and any proposed discovery in the civil action will interfere with the ongoing criminal or civil investigation or proceedings. "(5) Notwithstanding subsection (b), the Government may elect to pursue its claim through any alternate remedy available to the Government, including any administrative proceeding to determine a civil money penalty. If any such alternate remedy is pursued in another proceeding, the person initiating the action shall have the same rights in such proceeding as such person would have had if the action had continued under this section. Any finding of fact or conclusion of law made in such other proceeding that has become final shall be conclusive on all parties to an action under this section. For purposes of the preceding sentence, a finding or conclusion is final if it has been finally determined on appeal to the appropriate court of the United States, if all time for filing such an appeal with respect to the finding or conclusion has expired, or if the finding or conclusion is not subject to judicial review. "(d) AWARD TO QUI TAM PLAINTIFF.—(1) If the Government proceeds with an action brought by a person under subsection (b), such person shall, subject to the second sentence of this paragraph, receive at least 15 percent but not more than 25 percent of the proceeds of the action or settlement of the claim, depending upon the extent to which the person substantially contributed to the prosecution of the action. Where the action is one which the court finds to be based primarily on disclosures of specific information (other than information provided by the person bringing the action) relating to allegations or transactions in a criminal, civil, or administrative hearing, in a congressional, administrative, or Government Accounting Office report, hearing, audit, or investigation, or from the news media, the court may award such sums as it considers appropriate, but in no case more than 10 percent of the proceeds, taking into account the significance of the information and the role of the person bringing the action in advancing the case to litigation. Any payment to a person under the first or second sentence of this paragraph shall be made from the proceeds. Any such person shall also receive an amount for reasonable expenses which the court finds to have been necessarily incurred, plus reasonable attorneys' fees and costs. All such expenses, fees, and costs shall be awarded against the defendant. "(2) If the Government does not proceed with an action under this section, the person bringing the action or settling the claim shall receive an amount which the court decides is reasonable for collecting the civil penalty and damages. The amount shall be not less

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PUBLIC LAW 99-562—OCT. 27, 1986

100 STAT. 3157

than 25 percent and not more than 30 percent of the proceeds of the action or settlement and shall be paid out of such proceeds. Such person shall also receive an amount for reasonable expenses which the court finds to have been necessarily incurred, plus reasonable attorneys' fees and costs. All such expenses, fees, and costs shall be awarded against the defendant. "(3) If the Government does not proceed with the action and the person bringing the action conducts the action, the court may award to the defendant its reasonable attorneys' fees and expenses if the defendant prevails in the action and the court finds that the claim of the person bringing the actions was clearly frivolous, clearly vexatious, or brought primarily for purposes of harassment. "(e) CERTAIN ACTIONS BARRED.—(1) No court shall have jurisdic- Armed Forces. tion over an action brought by a former or present member of the armed forces under subsection (b) of this section against a member of the armed forces arising out of such person's service in the armed forces. "(2)(A) No court shall have jurisdiction over an action brought under subsection (b) against a Member of Congress, a member of the judiciary, or a senior executive branch official if the action is based on evidence or information known to the Government when the action was brought. "(B) For purposes of this paragraph, 'senior executive branch official' means any officer or employee listed in section 201(f) of the Ethics in Government Act of 1978 (5 U.S.C. App.). "(3) In no event may a person bring an action under subsection (b) which is based upon allegations or transactions which are the subject of a civil suit or an administrative civil money penalty proceeding in which the Government is already a party. "(4)(A) No court shall have jurisdiction over an action under this section based upon the public disclosure of allegations or transactions in a criminal, civil, or administrative hearing, in a congressional, administrative, or Government Accounting Office report, hearing, audit, or investigation, or from the news media, unless the action is brought by the Attorney General or the person bringing the action is an original source of the information. "(B) For purposes of this paragraph, 'original source' means an individual who has direct and independent knowledge of the information on which the allegations are based and has voluntarily provided the information to the Government before filing an action under this section which is based on the information. "(f)

GOVERNMENT NOT LIABLE FOR CERTAIN

EXPENSES.—The

Government is not liable for expenses which a person incurs in bringing an action under this section. "(g) FEES AND EXPENSES TO PREVAILING DEFENDANT.—In civil actions brought under this section by the United States, the provisions of section 2412(d) of title 28 shall apply.". SEC. 4. ENTITLEMENT TO RELIEF FOR DISCRIMINATION BY EMPLOYERS AGAINST EMPLOYEES WHO REPORT VIOLATIONS.

Section 3730 of title 31, United States Code, as amended by section 3 of this Act, is further amended by adding at the end the following new subsection: "(h) Any employee who is discharged, demoted, suspended, threatened, harassed, or in any other manner discriminated against in the terms and conditions of employment by his or her employer because of lawful acts done by the employee on behalf of the

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 100 STAT. 3158

PUBLIC LAW 99-562—OCT. 27, 1986

employee or others in furtherance of an action under this section, including investigation for, initiation of, testimony for, or assistance in an action filed or to be filed under this section, shall be entitled to all relief necessary to make the employee whole. Such relief shall include reinstatement with the same seniority status such employee would have had but for the discrimination, 2 times the amount of back pay, interest on the back pay, and compensation for any special damages sustained as a result of the discrimination, including litigation costs and reasonable attorneys* fees. An employee may bring an action in the appropriate district court of the United States for the relief provided in this subsection.". H*oigV 3

28 USC app.

SEC. 5. FALSE CLAIMS PROCEDURE.

Section 3731 of title 31, United States Code, is amended by striking subsection (b) and inserting the following: "(b) A civil action under section 3730 may not be brought— "(1) more than 6 years after the date on which the violation of section 3729 is committed, or "(2) more than 3 years after the date when facts material to the right of action are known or reasonably should have been known by the official of the United States charged with responsibility to act in the circumstances, but in no event more than 10 years after the date on which the violation is committed, whichever occurs last. "(c) In any action brought under section 3730, the United States shall be required to prove all essential elements of the cause of action, including damages, by a preponderance of the evidence. "(d) Notwithstanding any other provision of law, the Federal Rules of Criminal Procedure, or the Federal Rules of Evidence, a final judgment rendered in favor of the United States in any criminal proceeding charging fraud or false statements, whether upon a verdict after trial or upon a plea of guilty or nolo contendere, shall estop the defendant from denying the essential elements of the offense in any action which involves the same transaction as in the criminal proceeding and which is brought under subsection (a) or (b) of section 3730.". SEC. 6. FALSE CLAIMS JURISDICTION; CIVIL INVESTIGATIVE DEMANDS.

31 USC 3721 et seq31 USC 3732.

(a) IN GENERAL.—Subchapter III of chapter 37 of title 31, United States Code, is amended by adding at the end the following new sections: "§3732. False claims jurisdiction "(a) ACTIONS UNDER SECTION 3730.—Any action under section 3730 may be brought in any judicial district in which the defendant or, in the case of multiple defendants, any one defendant can be found, resides, transacts business, or in which any act proscribed by section 3729 occurred. A summons as required by the Federal Rules of Civil Procedure shall be issued by the appropriate district court and served at any place within or outside the United States. "(b) CLAIMS UNDER STATE LAW.—The district courts shall have jur^iction over any action brought under the laws of any State for the recovery of funds paid by a State or local government if the action arises from the same transaction or occurrence as an action brought under section 3730. §nj o *5apn? - ,, r, ^ s

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The Crayfish

 * Huxley, Thomas Henry (1879), The Crayfish.

title: The Crayfish


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Page:United States Statutes at Large Volume 100 Part 4.djvu/231

 PUBLIC LAW 99-562—OCT. 27, 1986

100 STAT. 3159

'§ 3733. Civil investigative demands

31 USC 3733.

"(a) IN GENERAL.— "(1) ISSUANCE AND SERVICE.—Whenever

the Attorney General has reason to believe that any person may be in possession, custody, or control of any documentary material or information relevant to a false claims law investigation, the Attorney General may, before commencing a civil proceeding under section 3730 or other false claims law, issue in writing and cause to be served upon such person, a civil investigative demand requiring such person— "(A) to produce such documentary material for inspection, and copying, "(B) to answer in writing written interrogatories with respect to such documentary material or information, "(C) to give oral testimony concerning such documentary material or information, or "(D) to furnish any combination of such material, answers, or testimony. The Attorney General may not delegate the authority to issue civil investigative demands under this subsection. Whenever a civil investigative demand is an express demand for any product of discovery, the Attorney General, the Deputy Attorney General, or an Assistant Attorney General shall cause to be served, in any manner authorized by this section, a copy of such demand upon the person from whom the discovery was obtained and shall notify the person to whom such demand is issued of the date on which such copy was served. "(2) CONTENTS AND DEADUNES.—

"(A) Each civil investigative demand issued under paragraph (1) shall state the nature of the conduct constituting ./• the alleged violation of a false claims law which is under investigation, and the applicable provision of law alleged to be violated. "(B) If such demand is for the production of documentary material, the demand shall— "(i) describe each class of documentary material to be produced with such definiteness and certainty as to permit such material to be fairly identified; .« "(ii) prescribe a return date for each such class which will provide a reasonable period of time within which the material so demanded may be assembled and made available for inspection and copying; and "(iii) identify the false claims law investigator to whom such material shall be made available. "(C) If such demand is for answers to written interrog, [-„•. atories, the demand shall— "(i) set forth with specificity the written interrogatories to be answered; "(ii) prescribe dates at which time answers to written interrogatories shall be submitted; and "(iii) identify the false claims law investigator to whom such answers shall be submitted. "(D) If such demand is for the giving of oral testimony, the demand shall— "(i) prescribe a date, time, and place at which oral testimony shall be commenced;

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 100 STAT. 3160 ft- • -^ ^

PUBLIC LAW 99-562—OCT. 27, 1986

"(ii) identify a false claims law investigator who shall conduct the examination and the custodian to whom the transcript of such examination shall be submitted; "(iii) specify that such attendance and testimony are necessary to the conduct of the investigation; "(iv) notify the person receiving the demand of the right to be accompanied by an attorney and any other representative; and "(v) describe the general purpose for which the demand is being issued and the general nature of the .., testimony, including the primary areas of inquiry, which will be taken pursuant to the demand. ... "(E) Any civil investigative demand issued under this section which is an express demand for any product of . ^^, discovery shall not be returned or returnable until 20 days '^•'" after a copy of such demand has been served upon the person from whom the discovery was obtained. "(F) The date prescribed for the commencement of oral testimony pursuant to a civil investigative demand issued under this section shall be a date which is not less than seven days after the date on which demand is received, unless the Attorney General or an Assistant Attorney General designated by the Attorney General determines that exceptional circumstances are present which warrant the commencement of such testimony within a lesser period of time. "(G) The Attorney General shall not authorize the issuance under this section of more than one civil investigative demand for oral testimony by the same person unless the person requests otherwise or unless the Attorney General, after investigation, notifies that person in writing that an additional demand for oral testimony is necessary. The Attorney General may not, notwithstanding section 510 of title 28, authorize the performance, by any other officer, employee, or agency, of any function vested in the Attorney General under this subparagraph. "(b) PROTECTED MATERIAL OR INFORMATION.—

'^' ': 28 USC app.

.  (.;  if'

"(1) IN GENERAL.—A civil investigative demand issued under subsection (a) may not require the production of any documentary material, the submission of any answers to written interrogatories, or the giving of any oral testimony if such material, answers, or testimony would be protected from disclosure under— "(A) the standards applicable to subpoenas or subpoenas duces tecum issued by a court of the United States to aid in a grand jury investigation; or "(B) the standards applicable to discovery requests under • the Federal Rules of Civil Procedure, to the extent that the application of such standards to any such demand is appropriate and consistent with the provisions and purposes of this section. "(2) EFFECT ON OTHER ORDERS, RULES, AND LAWS.—Any such demand which is an express demand for any product of discovery supersedes any inconsistent order, rule, or provision of law (other than this section) preventing or restraining disclosure of such product of discovery to any person. Disclosure of any product of discovery pursuant to any such express demand does

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Page:United States Statutes at Large Volume 100 Part 4.djvu/233

 PUBLIC LAW 99-562—OCT. 27, 1986

i

100 STAT. 3161

not constitute a waiver of any right or privilege which the person making such disclosure may be entitled to invoke to resist discovery of trial preparation materials. "(c) SERVICE; JURISDICTION.—

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"(1) BY WHOM SERVED.—Any civil investigative demand issued under subsection (a) may be served by a false claims law investigator, or by a United States marshal or a deputy marshal, at any place within the territorial jurisdiction of any court of the United States. "(2) SERVICE IN FOREIGN COUNTRIES.—Any such demand or any petition filed under subsection (j) may be served upon any person who is not found within the territorial jurisdiction of any court of the United States in such manner as the Federal Rules of Civil Procedure prescribe for service in a foreign country. To 28 USC app. the extent that the courts of the United States can assert District of jurisdiction over any such person consistent with due process, ^oi"™''!^the United States District Court for the District of Columbia shall have the same jurisdiction to take any action respecting compliance with this section by any such person that such court would have if such person were personally within the jurisdiction of such court. "(d) SERVICE UPON LEGAL ENTITIES AND NATURAL PERSONS.— "(1) LEGAL ENTITIES.—Service of any civil investigative

demand issued under subsection (a) or of any petition filed under subsection 0) may be made upon a partnership, corporation, association, or other legal entity by— "' "(A) delivering an executed copy of such demand or petition to any partner, executive officer, managing agent, ^, or general agent of the partnership, corporation, associa^ tion, or entity, or to any agent authorized by appointment J,., or by law to receive service of process on behalf of such partnership, corporation, association, or entity; ,„.; J. "(B) delivering an executed copy of such demand or peti^ tion to the principal office or place of business of the .,^4j, partnership, corporation, association, or entity; or !. "(C) depositing an executed copy of such demand or peti- Mail. tion in the United States mails by registered or certified f ^ mail, with a return receipt requested, addressed to such 2f partnership, corporation, association, or entity at its principal office or place of business. "(2) NATURAL PERSONS.—Service of any such demand or petition may be made upon any natural person by— "(A) delivering an executed copy of such demand or petition to the person; or "(B) depositing an executed copy of such demand or Mail. petition in the United States mails by registered or certified mail, with a return receipt requested, addressed to the person at the person's residence or principal office or place of business. "(e) PROOF OF SERVICE.—A verified return by the individual serv-

ing any civil investigative demand issued under subsection (a) or any petition filed under subsection (j) setting forth the manner of such service shall be proof of such service. In the case of service by Mail, registered or certified mail, such return shall be accompanied by the return post office receipt of delivery of such demand. "(f) DOCUMENTARY MATERIAL.—

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Page:United States Statutes at Large Volume 100 Part 4.djvu/234

 100 STAT. 3162

PUBLIC LAW 99-562—OCT. 27, 1986 "(1) SWORN CERTIFICATES.—The production of documentary

Contracts.

Naturalized persons.

IS s material in response to a civil investigative demand served under this section shall be made under a sworn certificate, in such form as the demand designates, by— "(A) in the ceise of a natural person, the person to whom the demand is directed, or
 * ,>"(B) in the case of a person other than a natural person, a

Ji person having knowledge of the facts and circumstances relating to such production and authorized to act on behalf i. of such person. The certificate shall state that all of the documentary material required by the demand and in the possession, custody, or control of the person to whom the demand is directed has been produced and made available to the false claims law investigator identified in the demand. "(2) PRODUCTION OF MATERIALS.—Any person upon whom any civil investigative demand for the production of documentary material has been served under this section shall make such material available for inspection and copying to the false claims •; law investigator identified in such demand at the principal place of business of such person, or at such other place as the false claims law investigator and the person thereafter may agree and prescribe in writing, or as the court may direct under subsection (j)(D. Such material shall be made so available on the return date specified in such demand, or on such later date as the false claims law investigator may prescribe in writing. Such ^. person may, upon written agreement between the person and the false claims law investigator, substitute copies for originals of all or any part of such material. "(g) INTERROGATORIES.—Each interrogatory in a civil investigative demand served under this section shall be answered separately and fully in writing under oath and shall be submitted under a sworn certificate, in such form as the demand designates, by— "(1) in the case of a natural person, the person to whom the demand is directed, or "(2) in the case of a person other than a natural person, the person or persons responsible for answering each interrogatory. If any interrogatory is objected to, the reasons for the objection shall be stated in the certificate instead of an answer. The certificate shall state that all information required by the demand and in the possession, custody, control, or knowledge of the person to whom the demand is directed has been submitted. To the extent that any information is not furnished, the information shall be identified and reasons set forth with particularity regarding the reasons why the information was not furnished. "(h) ORAL EXAMINATIONS.—
 * j^

ei. Records.

"(1) PROCEDURES.—The examination of any person pursuant to a civil investigative demand for oral testimony served under this section shall be taken before an officer authorized to administer oaths and affirmations by the laws of the United States or of the place where the examination is held. The officer before whom the testimony is to be taken shall put the witness on oath or affirmation and shall, personally or by someone acting under the direction of the officer and in the officer's presence, record the testimony of the witness. The testimony shall be taken stenographically and shall be transcribed. When the testimony is fully transcribed, the officer before whom the testimony is

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Page:United States Statutes at Large Volume 100 Part 4.djvu/235

 PUBLIC LAW 99-562—OCT. 27, 1986

100 STAT. 3163

taken shall promptly transmit a copy of the transcript of the DS: testimony to the custodian. This subsection shall not preclude the taking of testimony by any means authorized by, and in a manner consistent with, the Federal Rules of Civil Procedure. 28 USC app. "(2) PERSONS PRESENT.—The false claims law investigator conducting the examination shall exclude from the place where the examination is held all persons except the person giving the testimony, the attorney for and any other representative of the person giving the testimony, the attorney for the Government, any person who may be agreed upon by the attorney for the Government and the person giving the testimony, the officer before whom the testimony is to be taken, and any stenographer taking such testimony. "(3) WHERE TESTIMONY TAKEN.—The oral testimony of any person taken pursuant to a civil investigative demand served under this section shall be taken in the judicial district of the United States within which such person resides, is found, or .m^rjHtransacts business, or in such other place as may be agreed upon by the false claims law investigator conducting the examination and such person. "(4) TRANSCRIPT OF TESTIMONY.—When the testimony is fully transcribed, the false claims law investigator or the officer before whom the testimony is taken shall afford the witness, who may be accompanied by counsel, a reasonable opportunity to examine and read the transcript, unless such examination and reading are waived by the witness. Any changes in form or substance which the witness desires to make shall be entered and identified upon the transcript by the officer or the false claims law investigator, with a statement of the reasons given by the witness for making such changes. The transcript shall then be signed by the witness, unless the witness in writing waives the signing, is ill, cannot be found, or refuses to sign. If Records. the transcript is not signed by the witness within 30 days after being afforded a reasonable opportunity to examine it, the officer or the false claims law investigator shall sign it and state on the record the fact of the waiver, illness, absence of the witness, or the refusal to sign, together with the reasons, if any, given therefor. "(5) CERTIFICATION AND DEUVERY TO CUSTODIAN.—The officer Mail, PI^^*! before whom the testimony is taken shall certify on the transcript that the witness was sworn by the officer and that the transcript is a true record of the testimony given by the witness, and the officer or false claims law investigator shall promptly deliver the transcript, or send the transcript by registered or certified mail, to the custodian. "(6) FURNISHING OR INSPECTION OF TRANSCRIPT BY WITNESS.—

Upon payment of reasonable charges therefor, the false claims law investigator shall furnish a copy of the transcript to the witness only, except that the Attorney General, the Deputy Attorney General, or an Assistant Attorney General may, for good cause, limit such witness to inspection of the official transcript of the witness' testimony. "(7) CONDUCT OF ORAL TESTIMONY.—(A) Any person compelled to appear for oral testimony under a civil investigative demand issued under subsection (a) may be accompanied, represented, and advised by counsel. Counsel may advise such person, in confidence, with respect to any question asked of such person,

Classified information.

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Page:United States Statutes at Large Volume 100 Part 4.djvu/236

 100 STAT. 3164 Records.

18 USC 6001.

PUBLIC LAW 99-562—OCT. 27, 1986 Such person or counsel may object on the record to any question, in whole or in part, and shall briefly state for the record the reason for the objection. An objection may be made, received, and entered upon the record when it is claimed that such person is entitled to refuse to answer the question on the grounds of any constitutional or other legal right or privilege, including the privilege against self-incrimination. Such person may not otherwise object to or refuse to answer any question, and may not directly or through counsel otherwise interrupt the oral examination. If such person refuses to answer any question, a petition may be filed in the district court of the United States under subsection (j)(1) for an order compelling such person to answer such question. "(B) If such person refuses to answer any question on the grounds of the privilege against self-incrimination, the testimony of such person may be compelled in accordance with the provisions of part V of title 18. "(8) WITNESS FEES AND ALLOWANCES.—Any person appearing for oral testimony under a civil investigative demand issued under subsection (a) shall be entitled to the same fees and allowances which are paid to witnesses in the district courts of the United States, '(i) CUSTODIANS OF DOCUMENTS, ANSWERS, AND TRANSCRIPTS.—

..Ar^rfmB.

Regulations.

"(1) DESIGNATION.—The Attorney General shall designate a false claims law investigator to serve as custodian of documentary material, answers to interrogatories, and transcripts of oral testimony received under this section, and shall designate such additional false claims law investigators as the Attorney General determines from time to time to be necessary to serve as deputies to the custodian. "(2) RESPONSIBILITY FOR MATERIALS; DISCLOSURE.—(A) A false claims law investigator who receives any documentary material, answers to interrogatories, or transcripts of oral testimony under this section shall transmit them to the custodian. The custodian shall take physical possession of such material, answers, or transcripts and shall be responsible for the use made of them and for the return of documentary material under paragraph (4). "(B) The custodian may cause the preparation of such copies of such documentary material, answers to interrogatories, or transcripts of oral testimony as may be required for official use by any false claims law investigator, or other officer or employee of the Department of Justice, who is authorized for such use under regulations which the Attorney General shall issue. Such material, answers, and transcripts may be used by any such authorized false claims law investigator or other officer or employee in connection with the taking of oral testimony under this section. "(C) Except as otherwise provided in this subsection, no documentary material, answers to interrogatories, or transcripts of oral testimony, or copies thereof, while in the possession of the custodian, shall be available for examination by any individual other than a false claims law investigator or other officer or employee of the Department of Justice authorized under subparagraph (B). The prohibition in the preceding sentence on the availability of material, answers, or transcripts shall not apply if consent is given by the person who produced such

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Page:United States Statutes at Large Volume 100 Part 4.djvu/237

 PUBLIC LAW 99-562—OCT. 27, 1986

100 STAT. 3165

material, answers, or transcripts, or, in the case of any product of discovery produced pursuant to an express demand for such material, consent is given by the person from whom the discovery was obtained. Nothing in this subparagraph is intended to prevent disclosure to the Congress, including any committee or subcommittee of the Congress, or to any other agency of the United States for use by such agency in furtherance of its statutory responsibilities. Disclosure of information to any such other agency shall be allowed only upon application, made by the Attorney General to a United States district court, showing substantial need for the use of the information by such agency in furtherance of its statutory responsibilities. "(D) While in the possession of the custodian and under such reasonable terms and conditions as the Attorney General shall prescribe— "(i) documentary material and answers to interrogatories shall be available for examination by the person who produced such material or answers, or by a representative of that person authorized by that person to examine such material and answers; and "(ii) transcripts of oral testimony shall be available for examination by the person who produced such testimony, or by a representative of that person authorized by that person to examine such transcripts. "(3) USE OF MATERIAL, ANSWERS, OR TRANSCRIPTS IN OTHER

PROCEEDINGS.—Whenever any attorney of the Department of Justice has been designated to appear before any court, grand jury, or Federal agency in any case or proceeding, the custodian of any documentary material, answers to interrogatories, or transcripts of oral testimony received under this section may deliver to such attorney such material, answers, or transcripts for official use in connection with any such case or proceeding as such attorney determines to be required. Upon the completion of any such case or proceeding, such attorney shall return to the custodian any such material, answers, or transcripts so delivered which have not passed into the control of such court, grand jury, or agency through introduction into the record of such case or proceeding. "(4) CONDITIONS FOR RETURN OF MATERIAL.—If any documen-

tary material has been produced by any person in the course of any false claims law investigation pursuant to a civil investigative demand under this section, and— "(A) any case or proceeding before the court or grand jury arising out of such investigation, or any proceeding before any Federal agency involving such material, has been completed, or "(B) no case or proceeding in which such material may be used has been commenced within a reasonable time after completion of the examination and analysis of all documentary material and other information assembled in the course of such investigation, the custodian shall, upon written request of the person who produced such material, return to such person any such material (other than copies furnished to the false claims law investigator under subsection (f)(2) or made for the Department of Justice under paragraph (2)(B)) which has not passed into the

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Page:United States Statutes at Large Volume 100 Part 4.djvu/238

 100 STAT. 3166

PUBLIC LAW 99-562—OCT. 27, 1986 control of any court, grand jury, or agency through introduction into the record of such case or proceeding. "(5) APPOINTMENT OF SUCCESSOR CUSTODIANS.—In the event of the death, disability, or separation from service in the Department of Justice of the custodian of any documentary material, answers to interrogatories, or transcripts of oral testimony produced pursuant to a civil investigative demand under this section, or in the event of the official relief of such custodian from responsibility for the custody and control of such material, answers, or transcripts, the Attorney General shall promptly— "(A) designate another false claims law investigator to serve as custodian of such material, answers, or transcripts,

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"(B) transmit in writing to the person who produced such material, answers, or testimony notice of the identity and address of the successor so designated. Any person who is designated to be a successor under this paragraph shall have, with regard to such material, answers, or transcripts, the same duties and responsibilities as were imposed by this section upon that person's predecessor in office, except that the successor shall not be held responsible for any default or dereliction which occurred before that designation,

"(j) JUDICIAL PROCEEDINGS.— "(1) PETITION FOR ENFORCEMENT.—Whenever

any person fails to comply with any civil investigative demand issued under subsection (a), or whenever satisfactory copying or reproduction of any material requested in such demand cannot be done and such person refuses to surrender such material, the Attorney General may file, in the district court of the United States for any judicial district in which such person resides, is found, or transacts business, and serve upon such person a petition for an order of such court for the enforcement of the civil investigative demand. "(2)

PETITION TO MODIFY OR SET ASIDE DEMAND.—(A)

Any

person who has received a civil investigative demand issued under subsection (a) may file, in the district court of the United States for the judicial district within which such person resides, is found, or transacts business, and serve upon the false claims law investigator identified in such demand a petition for an order of the court to modify or set aside such demand. In the Case of a petition addressed to an express demand for any product of discovery, a petition to modify or set aside such demand may be brought only in the district court of the United States for the judicial district in which the proceeding in which such discovery was obtained is or was last pending. Any petition under this subparagraph must be filed— "(i) within 20 days after the date of service of the civil ort.< - investigative demand, or at any time before the return date specified in the demand, whichever date is earlier, or "(ii) within such longer period as may be prescribed in wi,! writing by any false claims law investigator identified in the demand. "(B) The petition shall specify each ground upon which the petitioner relies in seeking relief under subparagraph (A), and may be based upon any failure of the demand to comply with the provisions of this section or upon any constitutional or other t? legal right or privilege of such person. During the pendency of

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