[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[S. 2466 Introduced in Senate (IS)]

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118th CONGRESS
  1st Session
                                S. 2466

   To amend title 31, United States Code, to modify False Claims Act 
                  procedures, and for other purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                             July 25, 2023

  Mr. Grassley (for himself, Mr. Kennedy, Mr. Durbin, and Mr. Wicker) 
introduced the following bill; which was read twice and referred to the 
                       Committee on the Judiciary

_______________________________________________________________________

                                 A BILL


 
   To amend title 31, United States Code, to modify False Claims Act 
                  procedures, and for other purposes.

    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 
2023''.

SEC. 2. FALSE CLAIMS PROCEDURE.

    Section 3729 of title 31, United States Code, is amended by adding 
at the end the following:
    ``(e) Proving 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 the decision of the Government 
with respect to such refund or payment.''.

SEC. 3. POST-EMPLOYMENT WHISTLEBLOWER RETALIATION.

    Section 3730(h)(1) of title 31, United States Code, is amended by 
inserting ``current or former'' after ``Any''.

SEC. 4. GAO REPORT.

    Not later than 18 months after the date of enactment of this Act, 
the Comptroller General of the United States shall submit a report to 
Congress on the effectiveness of sections 3729 through 3733 of title 
31, United States Code, (referred to in this Act as the ``False Claims 
Act'') during the time period beginning on the date of enactment of the 
False Claims Amendments Act of 1986 (Public Law 99-562; 100 Stat. 3153) 
and ending on the date of enactment of this Act, which shall include--
            (1) a description of the benefits and challenges of 
        enforcement efforts under the False Claims Act; and
            (2) information on the amounts recovered by the Government 
        under the False Claims Act since the date of enactment of the 
        False Claims Amendments Act of 1986 (Public Law 99-562; 100 
        Stat. 3153).

SEC. 5. APPLICABILITY.

    The amendments made by sections 2 and 3 of this Act shall apply to 
any case under the False Claims Act that is filed on or after the date 
of enactment of this Act.
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