3.0.0 2428 2023-01-01T23:43:00Z 2023-01-01T23:44:58Z Senate S 2021-07-22 117 ssju00 Judiciary Committee Senate Standing Reported by 2021-11-16T21:49:09Z Markup by 2021-10-28T14:00:00Z Referred to 2021-07-22T19:34:08Z 2021-11-16 Senate Placed on Senate Legislative Calendar under General Orders. Calendar No. 166. Calendars 2021-11-16 ssju00 Judiciary Committee Senate Committee on the Judiciary. Reported by Senator Durbin with an amendment in the nature of a substitute. Without written report. Committee 2021-11-16 Committee on the Judiciary. Reported by Senator Durbin with an amendment in the nature of a substitute. Without written report. Committee 14000 9 Library of Congress ssju00 Judiciary Committee 2021-10-28 ssju00 Judiciary Committee Senate Committee on the Judiciary. Ordered to be reported with an amendment in the nature of a substitute favorably. Committee 2021-07-22 ssju00 Judiciary Committee Senate Read twice and referred to the Committee on the Judiciary. IntroReferral 2021-07-22 Introduced in Senate IntroReferral 10000 9 Library of Congress G000386 Sen. Grassley, Chuck [R-IA] Charles Grassley R IA E. N L000174 Sen. Leahy, Patrick J. [D-VT] Patrick Leahy D VT 2021-07-22 True K000393 Sen. Kennedy, John [R-LA] John Kennedy R LA Neely 2021-07-22 True D000563 Sen. Durbin, Richard J. [D-IL] Richard Durbin D IL J. 2021-07-22 True W000437 Sen. Wicker, Roger F. [R-MS] Roger Wicker R MS F. 2021-07-22 True 2022-07-15T19:55:00Z S. 2428, False Claims Amendments Act of 2021 https://www.cbo.gov/publication/58308 As reported by the Senate Committee on the Judiciary on November 16, 2021 Government Operations and Politics Civil actions and liability Congressional oversight Evidence and witnesses Fraud offenses and financial crimes Government studies and investigations Legal fees and court costs Government Operations and Politics 00 2021-07-22 Introduced in Senate 2021-10-27T18:48:15Z False Claims Amendments Act of 2021

This bill revises procedures under the False Claims Act (FCA), a law that rewards whistleblowers (known as relators) who bring claims on behalf of the government by allowing them to share in the recovery in cases where the government recovers funds lost to fraud.

To be recoverable under the FCA, a fraud must meet, among other conditions, standards for materiality. The bill changes the evidentiary standards for proving materiality by allowing the government or relator to establish materiality by a preponderance of the evidence. A defendant may rebut an argument of materiality by clear and convincing evidence.

In an action brought under the FCA, the government may elect to intervene as a party to the action. If the government elects not to intervene, this bill requires the court to order the requesting party, upon a motion by the government, to pay the government's attorney's fees and other expenses for responding to the party's discovery requests, with exceptions.

The government shall have the burden of demonstrating reasons for dismissing an action over the objections of the relator. The relator must have the opportunity to show that the reasons are fraudulent, arbitrary and capricious, or contrary to law.

The bill extends relief from retaliatory actions to former employees.

The Government Accountability Office must report on the effectiveness of the FCA.

]]> 25 2021-11-16 Reported to Senate 2022-04-18T22:24:25Z False Claims Amendments Act of 2021

This bill revises procedures under the False Claims Act (FCA), a law that rewards whistleblowers (known as relators) who bring claims on behalf of the government by allowing them to share in the recovery in cases where the government recovers funds lost to fraud.

To be recoverable under the FCA, a fraud must meet, among other conditions, standards for materiality. In determining materiality, the decision of the government to forego a refund or to pay a claim despite actual knowledge of fraud or falsity shall not be considered dispositive if other reasons exist for that decision with respect to such refund or payment.

In dismissing an action over the objections of the relator, the government must identify a valid government purpose and a rational relation between dismissal and accomplishment of the purpose. The relator must have the opportunity to show that the dismissal is fraudulent, arbitrary and capricious, or contrary to law.

The bill extends relief from retaliatory actions to former employees.

The Government Accountability Office must report on the effectiveness of the FCA.

]]> False Claims Amendments Act of 2021 Official Title as Introduced A bill to amend title 31, United States Code, to modify False Claims Act procedures, and for other purposes. Introduced in Senate IS Display Title False Claims Amendments Act of 2021 Short Title(s) as Reported to Senate False Claims Amendments Act of 2021 S Senate Reported to Senate RS Short Title(s) as Introduced False Claims Amendments Act of 2021 Introduced in Senate IS Reported to Senate 2021-11-16T05:00:00Z https://www.govinfo.gov/content/pkg/BILLS-117s2428rs/xml/BILLS-117s2428rs.xml Introduced in Senate 2021-07-22T04:00:00Z https://www.govinfo.gov/content/pkg/BILLS-117s2428is/xml/BILLS-117s2428is.xml 2021-11-16 Placed on Senate Legislative Calendar under General Orders. Calendar No. 166. text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. Congressional Research Service, Library of Congress This file contains bill summaries and statuses for federal legislation. A bill summary describes the most significant provisions of a piece of legislation and details the effects the legislative text may have on current law and federal programs. Bill summaries are authored by the Congressional Research Service (CRS) of the Library of Congress. As stated in Public Law 91-510 (2 USC 166 (d)(6)), one of the duties of CRS is "to prepare summaries and digests of bills and resolutions of a public general nature introduced in the Senate or House of Representatives". For more information, refer to the User Guide that accompanies this file.