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Senate Proceeding on Feb 24th, 2009 :: 2:06:25 to 2:27:50
Total video length: 2 hours 28 minutes Stream Tools: Stream Overview | Edit Time

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Chuck Grassley

2:06:18 to 2:06:40( Edit History Discussion )

Chuck Grassley: at rober with so many irons in the pfeifer, it's even more remarkable to consider the time and service to others. just consider a few of the community service

Chuck Grassley

2:06:25 to 2:27:50( Edit History Discussion )
Speech By: Chuck Grassley

Chuck Grassley

2:06:41 to 2:07:01( Edit History Discussion )

Chuck Grassley: indus trows -- this fellow organized, teachers and in need, making blankets for animals at the humane society, volunteering at the local senior center in nursing home, performing the national anthem at local high school events, and making it a habit to do great

Chuck Grassley

2:07:02 to 2:07:26( Edit History Discussion )

Chuck Grassley: deeds and simple acts of kindness just to make his community a better place to live. mr. president, we can honor his legacy of service in the footsteps of this local teenage legend. the governor of iowa has proclaimed today, february 24,

Chuck Grassley

2:07:27 to 2:07:47( Edit History Discussion )

Chuck Grassley: as the first igelertz service of giving. scores of schools and service organizations across the state of iowa have participate inspired by this young man's spirit of service. thousands of school students across iowa will seize this opportunity to make their community a better place.

Chuck Grassley

2:07:48 to 2:08:09( Edit History Discussion )

Chuck Grassley: just a if you of the service projects underway today including shoveling snow, sewing pillow cases to donate to hospitals, veterans' facilities and nursing home, creating fleece blankets for shelters, packaging meals in a box for

Chuck Grassley

2:08:10 to 2:08:32( Edit History Discussion )

Chuck Grassley: local food pantries, food and diaper services and drives that are detected with that, pumping gas and cleaning windshields at local service stations. the bible tells us in acts 20:35 -- quote -- "it is more please it to give than to receive."

Chuck Grassley

2:08:33 to 2:08:53( Edit History Discussion )

Chuck Grassley: many of us and talen we are the ones who are blessed by giving. if i may suggest, i believe aaron, if he were alive today, would agree. although he did not share the world who devoted her

Chuck Grassley

2:08:54 to 2:09:19( Edit History Discussion )

Chuck Grassley: and service to showed his compassion to others on the the senior center to community events. mother teresa is attributed with an observation that applies well to this young man from eagle grove -- quote -- "mother

Chuck Grassley

2:09:20 to 2:09:40( Edit History Discussion )

Chuck Grassley: do it alone, person to person." mr. president, aaron was a product of a small town in iowa, a small town tha took pride in its community. and he took pride in his communities. and eagle grove takes pride in

Chuck Grassley

2:09:41 to 2:10:03( Edit History Discussion )

Chuck Grassley: this young man, killed last june. i would like to sincerest condolences to the family and loved ones that aaron has preceded into god's kingdom. i also would like to take this opportunity to extend an invitation to my fellow citizens from the other 49 states. i welcome you to join the state

Chuck Grassley

2:10:04 to 2:10:25( Edit History Discussion )

Chuck Grassley: of iowa and iowans, generally, next year, on february 24, and participate in the igelertz of serving and giving as declared by the governor of my state of iowa. tragic circumstances abbreviated the life of this young iowan with no warning and with no

Chuck Grassley

2:10:26 to 2:10:47( Edit History Discussion )

Chuck Grassley: opportunity for second chances. let aaron's life and legacy of serve inspire each of us to respond in our own neighborhoods and communities to the call of service of giving. now, mr. president, if i could proceed to that other speech and if there are other people from the other party from the majority party that come in, i

Chuck Grassley

2:10:48 to 2:11:09( Edit History Discussion )

Chuck Grassley: would be glad to yield at the time of their appearance. i'm as part of what i'm calling "accountability in government week." i plan to introduce various strengthen oversight of government programs, integrity

Chuck Grassley

2:11:10 to 2:11:30( Edit History Discussion )

Chuck Grassley: of taxpayer-funded and bringing sunshine to the executive, legislative and judicial branches of our government. these bills are important and will help all americans understand their government in addition to making sure that taxpayers' dollars are not lost

Chuck Grassley

2:11:31 to 2:11:51( Edit History Discussion )

Chuck Grassley: to fraud, the first bill i'm this week is the false claims act clarification. i better start order and read it right, the false claims act clarification act.

Chuck Grassley

2:11:52 to 2:12:12( Edit History Discussion )

Chuck Grassley: i'm glad to be joined by my durbin, the majority whip, a senator from illinois, who has worked closely with me in crafting this legislation that will update the 1986 amendments to the false claims act that i authored. this legislation is similar to a

Chuck Grassley

2:12:13 to 2:12:34( Edit History Discussion )

Chuck Grassley: version that the the judiciary commite by unanimous voice vote. we've made some updates to the bill that was a result of sitting down with various interested parties and hearing their concerns. we made a commitment last congress to move that bill

Chuck Grassley

2:12:35 to 2:12:55( Edit History Discussion )

Chuck Grassley: through regular order to ensure that all int had a say. i believe this version of the bill not only clarifies the original intent of the 1986 amendments but also makes a number of modifications that strengthen the fails-false

Chuck Grassley

2:12:56 to 2:13:17( Edit History Discussion )

Chuck Grassley: claims act and will help the government recover taxpayer dollars lost to fraud and abuse for years to come. senator durbin and i are also joined by other original conspo leahy who you recognize as the chairman of the judiciary committee and senator specter,

Chuck Grassley

2:13:18 to 2:13:39( Edit History Discussion )

Chuck Grassley: its ranking member; senator whitehouse, a member of the committee. it is a bipartisan bill that is about protecting taxpayers' dollars and strengthening the government's hand i fraud. a the government was in a situation that had some parallel to today's economic situation. government military expenditures

Chuck Grassley

2:13:40 to 2:14:00( Edit History Discussion )

Chuck Grassley: were a significant portion of the budget. and there was ample evidence of fraud and abuse in contracts. today, we're facing an economic situation where is now on the hook for trillions of thrafers in -- of dollars in

Chuck Grassley

2:14:01 to 2:14:22( Edit History Discussion )

Chuck Grassley: an attempt to jump-start our ailing economy. that is compounded by the fact that the treasury department has taken unprecedented steps to bailout financial institutions with hundreds of billions of taxpayers' dollars. i'm concerned that this new government spending has occurred too quickly and could be ripe

Chuck Grassley

2:14:23 to 2:14:45( Edit History Discussion )

Chuck Grassley: with opportunity for fraud and abuse. i would say there are 99 other senators who could say the same thing. but that is the reason that this legislation is timely urgently needed. the false claims act, which is also known as lincoln's law, was originally passed by congress in

Chuck Grassley

2:14:46 to 2:15:06( Edit History Discussion )

Chuck Grassley: 1865 to combat war by government contractors during the civil wample the false claims act allowed individual citizen whistle-blowers to go to court to collect government money that unscrupulous contractors who were selling false and fraudulent goods to union troops.

Chuck Grassley

2:15:07 to 2:15:28( Edit History Discussion )

Chuck Grassley: that -- this legal mechanism known as quitam -- for you latin lovers -- is the key component to the false claims act allowing individual citizens to act private attorneys general to help unearth fraud and recover lost money.

Chuck Grassley

2:15:29 to 2:15:50( Edit History Discussion )

Chuck Grassley: however, following world war ii, the false weakened by an act of congress which lowered the penalties, limiting the money the government could recov th this remained end of world war ii until 1986 with the false claims act. that's when i authored

Chuck Grassley

2:15:51 to 2:16:12( Edit History Discussion )

Chuck Grassley: amendments to that act, which restored the teeth and the breadth and breathed new life into a law that was designed to do nothing but to protect all american taxpayers. now, since 1986, the federal government has recovered billion from those who defrauded

Chuck Grassley

2:16:13 to 2:16:33( Edit History Discussion )

Chuck Grassley: government by working with quitam whysing blowers. the justice department has turned lincoln's law into the single-most e the federal government's toolbox to help protect taxpayers' dollars. however, it has been a hard-fought battle to get the false claims act to where i today.

Chuck Grassley

2:16:34 to 2:16:54( Edit History Discussion )

Chuck Grassley: as deep-pocket government contractors have spent hundreds of millions of dollars to litigate the false claims vumenas a result, various court interpretatis have limited the applicability and the reach of the false claims act, cutting off many worthy cases from ever going forward.

Chuck Grassley

2:16:55 to 2:17:15( Edit History Discussion )

Chuck Grassley: some of these cases have been around for quite a while. others more recent. yet the one thing these cases have in common is that they threaten to undermine both the spirit and the intent of the 1986 amendments to lincoln's law

Chuck Grassley

2:17:16 to 2:17:36( Edit History Discussion )

Chuck Grassley: called the false claims act. the first case it created problems for the false cla act was the totten case where the d.c. circuit court of appeals held that false claims must the government and in this case,

Chuck Grassley

2:17:37 to 2:17:57( Edit History Discussion )

Chuck Grassley: employees government grantee, were not tually presented to the federal government. as a result, the government was precluded from lost to fraud and abuse perpetrated against amtrak. more recently, the supreme court

Chuck Grassley

2:17:58 to 2:18:18( Edit History Discussion )

Chuck Grassley: held in allison engine c v. u.s. that for liability to attach, a defendant must not only make a false statement but must intendo get the claim paid ands government based upon that false statement. while this sounds

Chuck Grassley

2:18:19 to 2:18:39( Edit History Discussion )

Chuck Grassley: straightforwar huge loophole in the false claims act because subcontractors that receive federal money submit a claim directly to the government because they do it through the contractor. so they pass the claim to the prime contractor who then gives it to the government.

Chuck Grassley

2:18:40 to 2:19:03( Edit History Discussion )

Chuck Grassley: so, under the allison engine decision, it could be virtually impossible to prove a false claims act case where a subcontractor knowingly ripped off the taxpayers. in fact, a judge in my home state of iowa dismissed a case

Chuck Grassley

2:19:04 to 2:19:24( Edit History Discussion )

Chuck Grassley: based solely upon the hail allison engine decision e motion by the defendant. this has created a significant problem for recovering taxpayers' dollars that trickle down to subcontractors, particularly in medicare and medicaid subcontractors are frequently utilized.

Chuck Grassley

2:19:25 to 2:19:45( Edit History Discussion )

Chuck Grassley: further, this could become bigger problem if the second tranche of tarp money -- some people might treefer that as the bailout mo purchase distressed assets through a third-party bker, as originally envisioned. another case that's detrimental

Chuck Grassley

2:19:46 to 2:20:07( Edit History Discussion )

Chuck Grassley: to the false claims act is rock rockwell international corporation v. u.s. in that case, the supreme court descrpted an area in the false claims act known as the public disclosure bar which prohibits a false claims case from moving forward if the case upon publicly disclosed

Chuck Grassley

2:20:08 to 2:20:31( Edit History Discussion )

Chuck Grassley: information such as a government report, unless the whistle-blower filing the case was -- quote, unquote -- original source of the information. here the supreme court held that a quitam whistle-blower was barred from receiving a share of any money recovered unless they

Chuck Grassley

2:20:32 to 2:20:52( Edit History Discussion )

Chuck Grassley: were claims ultimately settled. this may not sound like a troublesome decision. however, the impact is that oftentimes a case is brought by a whistle-blower on a certain set of facts and then expanded by the department of justice, who ultimately settles on other

Chuck Grassley

2:20:53 to 2:21:13( Edit History Discussion )

Chuck Grassley: grounds. as a result, this case creates a disincentive for a whistle-blower to bring forth information about fraud, as they may not yet get to share in any part of that recovery. that's claims.

Chuck Grassley

2:21:14 to 2:21:35( Edit History Discussion )

Chuck Grassley: a whistle-blower, not a lawyer, not in the just at this time department, to get a percentage of what's incentive to get this information out there and get it prosecuted, particularly if justice department is overloaded or maybe doesn't want to take the case. now, one last case i'll mention is the united states -- is the

Chuck Grassley

2:21:36 to 2:21:57( Edit History Discussion )

Chuck Grassley: custer battles in this case a defense contractor i defrauded the government of $10 million. however, the judge overturned the injury verdict finding that the money los taxpayer money but was instead iraqi money under the control of the united states government.

Chuck Grassley

2:21:58 to 2:22:19( Edit History Discussion )

Chuck Grassley: as a result of this case, u.s. government may not recover for any fraud committed against the u.s. government if the funds are u.s. government has been entrusted with the management of those funds just as if money is somehow not fungible. these decisions, which are by no

Chuck Grassley

2:22:20 to 2:22:41( Edit History Discussion )

Chuck Grassley: means an exhaust i have lis are contrary to the spirit and the intent of the 1986 amendments and who should know that? i should know it because i authored this legislation. this bill that today, a bipartisan bill by senator durbin and me, seeks to clarify the false claims act so

Chuck Grassley

2:22:42 to 2:23:02( Edit History Discussion )

Chuck Grassley: that these judicial interpretations that have limited the false claims act are overruled. it i am to emphasize, narrowly tailored to ensure that the intent of congress in 1986 amendments nothing else. the false claims act

Chuck Grassley

2:23:03 to 2:23:23( Edit History Discussion )

Chuck Grassley: clarification act would correct these negative interprations in addition to making technical and clarifying amendments. first, the bill would address the totten decision which removing the requirement that false claims be directly presented to the government official instead of tying the liability directly to g money and property.

Chuck Grassley

2:23:24 to 2:23:44( Edit History Discussion )

Chuck Grassley: it would also correct the allison engine decision ensuring that subcontractors that rip off the taxpayers will be held accountable. the bill would also address the rockwell decision by requiring the attorney general to file a timely motion to dismiss claims that violate the public

Chuck Grassley

2:23:45 to 2:24:10( Edit History Discussion )

Chuck Grassley: disclosure bar, by allowing the attorney general to present to the court information about public disclosures up front in a case, the bill procedural uncertainties that exist now by allowing public disclosures to be addressed at any time during the proceeding. the nontaxpayer funds under the

Chuck Grassley

2:24:11 to 2:24:31( Edit History Discussion )

Chuck Grassley: control of the u.s. government subject to fraud are actionable under the false claims act. thus, moneys directly under the control of the u.s. government subject to fraud that are currently outside the scope of the false claims act would now be covered. this would corre the problem that has arisen following the

Chuck Grassley

2:24:32 to 2:24:52( Edit History Discussion )

Chuck Grassley: decision of custer additionally, the bill clarifies a split between the federal circuit courter courts of appeals that currently exist regarding whether a employee may file a false claims act case. it takes a dissenting opinion from the 10th circuit and codifies that by allowing

Chuck Grassley

2:24:53 to 2:25:14( Edit History Discussion )

Chuck Grassley: government employees to bring a false claims act case based upon information learned in the course of their when the employment, one, discloses the fraud to their supervisors, two, discloses the fraud to the inspector general of the

Chuck Grassley

2:25:15 to 2:25:38( Edit History Discussion )

Chuck Grassley: the fraud to the attorney general and then waits 18 months without government action. further, it restricts a government employee from bringing a false c if they derive information for their in information, any ongoing cruel, civil, or administrative

Chuck Grassley

2:25:39 to 2:25:59( Edit History Discussion )

Chuck Grassley: investigation, or if they are an auditor, investigato or attorney that has a duty -- a duty -- to investigate fraud. this ensures that the government employee can act as a relater but only if he or she is truly bringing a claim that the government has refused to investigate. the bill makes some additional technical corrections that i'm

Chuck Grassley

2:26:00 to 2:26:22( Edit History Discussion )

Chuck Grassley: not going to go into. finally, the bill includes a section that will require the attorney general to report to congress on an annual basis regarding the use of the f claims act and any settlements made upon these sort of lawsuits. this has two purposes. it allows congress, first, to

Chuck Grassley

2:26:23 to 2:26:46( Edit History Discussion )

Chuck Grassley: see if justice department is utilizing the act. and consistent with the spirit and intent. and, secondly, ensures that seal provisions allowing the case to be privately sealed with the court are not being abused to the relaters. so, mr. president, the false

Chuck Grassley

2:26:47 to 2:27:07( Edit History Discussion )

Chuck Grassley: claims act clarification bill is narrowly tailored to ensure that the legislative intent of is tru understood. it will bring a level of reason and sanity instead of the current hodgepodge of laws across the various circuit

Chuck Grassley

2:27:08 to 2:27:28( Edit History Discussion )

Chuck Grassley: courts of appeals. this bil is designed to protect the american taxpayer from fraud sand is timely given actions to shore up the balance sheets of banks and private businesses across the country. i'm glad that we have bipartisan coalition ready to pick up we left off in the last congress. i believe that we made great strides last year in working

Chuck Grassley

2:27:29 to 2:27:49( Edit History Discussion )

Chuck Grassley: through the concerns of various stakeholders, and i encourage my colleagues to join me and senator durbin in strengthening lincoln's law so that it can stand up and work for the american taxpayers for years to come, as it has for the last 22 years, bringing in about $22

Chuck Grassley

2:27:50 to 2:27:51( Edit History Discussion )

Chuck Grassley: obama back to

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