The Congressional Record is a unique source of public documentation. It started in 1873, documenting nearly all the major and minor policies being discussed and debated.
“FALSE CLAIMS ACT” mentioning the U.S. Dept. of Justice was published in the Senate section on pages S1008-S1009 on Feb. 1, 2001.
The publication is reproduced in full below:
FALSE CLAIMS ACT
Mr. GRASSLEY. Mr. President, today I want to speak about an important issue for the taxpayers of this country. The government's strongest and most effective tool against fraud is called the False Claims Act. In recent years, the False Claims Act has been under attack from industries targeted by the government's anti-fraud efforts. Since 1986, when Congress passed amendments that I sponsored to toughen the law than $4 billion has been recovered through the False Claims Act. Hundreds of billions more in fraud have been saved through the deterrent effect that this law has upon those who would betray the public's interest.
In addition to the recovery of money and the deterrent effect of this law, the False Claims Act is important for another, perhaps, more important reason. The fact is that the False Claims Act is being used, day after day, by prosecutors to maintain the integrity of countless federal programs funded by American taxpayers. For example, the False Claims Act is being used in the health care industry to ensure that nursing home residents receive quality care.
Included in the anti-fraud arsenal of the False Claims Act is a provision called qui tam. Qui tam is a concept that dates back to feudal times. It allows private citizens who know of fraud against the taxpayers to bring a lawsuit against the perpetrators. In other words, the citizen acts as a partner with the government. As an incentive, the citizen shares in any monetary recovery to the U.S. Treasury. Over the decades, the False Claims Act, and especially the qui tam provisions, proved to be effective, both in catching and deterring fraud.
In considering the nomination of my former colleague, Senator John Ashcroft, for the position of Attorney General of the United States, I asked about his support for False Claims Act and the qui tam provisions. Senator Ashcroft's January 31, 2001 letter assures me that he will not support efforts to weaken the Act, and will support efforts to strengthen it. This pledge of support will ensure that the Department of Justice plays the critical and necessary role of targeting government waste and abuse. Senator Ashcroft assures that he will support ``vigorous enforcement of the law'' and ``will defend the constitutionality of the Act.'' I appreciate Senator Ashcroft's support for the False Claims Act. He is a man who is dedicated to enforcing the laws of this country and understands the importance of the False Claims Act.
All in all the history of the assault on the False Claims Act sends us on a long and winding road. The False Claims Act is, and will remain, a target of those industries and accept billions and billions of taxpayer dollars annually and balk at strict accountability. I ask only that we, as legislators, remember the historical and current assaults made upon the False Claims Act. I ask further that we agree to be strong despite the strength of an industry, simply because it is the
`right'' thing to do. Taxpayers deserve no less--and as legislators, we should deliver no less.
I ask unanimous consent that the January 31, 2001 letter I received from Senator Ashcroft be considered as read and printed in the Record.
There being no objection, the material was ordered to be printed in the Record, as follows:
January 31, 2001.Hon. Charles Grassley,U.S. Senate,Washington, DC.
Dear Senator Grassley: Thank you for your letter of January 30, 2001, concerning the qui tam provisions of the False Claims Act. I believe that the False Claims Act and the qui tam provision in particular are vital tools in combating government fraud and abuse. I fully support vigorous enforcement of the law.
Tackling government fraud and abuse through the False Claims Act will be an important priority for the Justice Department. Indeed, I expect that the sustained efforts of the Justice Department will in some respects lessen the need for (but not the importance of) private attorneys general acting pursuant to the qui tam provisions of the Act. I can also assure you that I will defend the constitutionality of the Act, like all Acts of Congress, if it is challenged in the courts.
Finally, I assure you that I will not support efforts to weaken the Act, and indeed, will support efforts to strengthen the Act and ensure that the Justice Department plays a critical role in targeting government waste and abuse.
I look forward to working with you on these issues.
Sincerely,John Ashcroft.
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