I 

111TH CONGRESS 

1ST SESSION H. R. 1788 

To amend the provisions of title 31, United States Code, relating to false 

claims to clarify and make technical amendments to those provisions, 

and for other purposes. 

IN THE HOUSE OF REPRESENTATIVES 

MARCH 30, 2009 

Mr. BERMAN (for himself, Mr. SENSENBRENNER, Mr. DANIEL E. LUNGREN

of California, Mr. CONYERS, and Mr. COHEN) introduced the following 

bill; which was referred to the Committee on the Judiciary 

A BILL 

To amend the provisions of title 31, United States Code, 

relating to false claims to clarify and make technical 

amendments to those provisions, and for other purposes. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘False Claims Act Cor5 rection Act of 2009’’. 

6 SEC. 2. LIABILITY FOR FALSE CLAIMS. 

7 Section 3729 of title 31, United States Code, is 

8 amended to read as follows: 


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1 ‘‘§ 3729. False claims 

2 ‘‘(a) LIABILITY FOR CERTAIN ACTS.— 

3 ‘‘(1) IN GENERAL.—Any person who— 

4 ‘‘(A) knowingly presents, or causes to be 

5 presented for payment or approval, a false or 

6 fraudulent claim for Government money or 

7 property, 

8 ‘‘(B) knowingly makes, uses, or causes to 

9 be made or used, a false record or statement to 

10 get a false or fraudulent claim for Government 

11 money or property paid or approved, 

12 ‘‘(C) has possession, custody, or control of 

13 Government money or property and either— 

14 ‘‘(i) fails to comply with a statutory 

15 or contractual obligation to disclose an 

16 overpayment about which the person is on 

17 actual notice, or 

18 ‘‘(ii) intending to— 

19 ‘‘(I) defraud the Government, or 

20 ‘‘(II) knowingly convert the 

21 money or property, permanently or 

22 temporarily, to an unauthorized use, 

23 fails to deliver or return, or fails to cause 

24 the return or delivery of, the money or 

25 property, or delivers, returns, or causes to 


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1 be delivered or returned less money or 

2 property than the amount due or owed, 

3 ‘‘(D) authorized to make or deliver a docu4 ment certifying receipt of property used, or to 

5 be used, by the Government and, intending to 

6 defraud the Government, makes or delivers the 

7 receipt without completely knowing that the in8 formation on the receipt is true, 

9 ‘‘(E) knowingly buys, or receives as a 

10 pledge of an obligation or debt, Government 

11 money or property from an officer or employee 

12 of the Government, or a member of the Armed 

13 Forces, who lawfully may not sell or pledge the 

14 money or property, 

15 ‘‘(F) knowingly makes, uses, or causes to 

16 be made or used, a false record or statement to 

17 conceal, avoid, or decrease an obligation to pay 

18 or transmit money or property to the Govern19 ment, or 

20 ‘‘(G) conspires to commit any violation set 

21 forth in any of subparagraphs (A) through (F), 

22 is liable to the United States Government for a civil 

23 penalty of not less than $5,000 and not more than 

24 $10,000, plus 3 times the amount of damages that 

25 the Government or its administrative beneficiary 


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1 sustains because of the act of that person, subject 

2 to paragraphs (2) and (3). 

3 ‘‘(2) LESSER PENALTY IF DEFENDANT COOPER4 ATES WITH INVESTIGATION.—In an action brought 

5 for a violation under paragraph (1), the court may 

6 assess not less than 2 times the amount of damages 

7 that the Government or its administrative bene8 ficiary sustains because of the act of the person 

9 committing the violation if the court finds that— 

10 ‘‘(A) such person provided to those officials 

11 of the United States who are responsible for in12 vestigating false claims violations, all informa13 tion known to the person about the violation 

14 within 30 days after the date on which the per15 son first obtained the information; 

16 ‘‘(B) such person fully cooperated with any 

17 Government investigation of the violation; and 

18 ‘‘(C) at the time such person provided to 

19 the United States the information about the 

20 violation under subparagraph (A), no criminal 

21 prosecution, civil action, or administrative ac22 tion had commenced with respect to such viola23 tion, and the person did not have actual knowl24 edge of the existence of an investigation into 

25 such violation. 


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1 ‘‘(3) ASSESSMENT OF COSTS.—A person vio2 lating paragraph (1) shall, in addition to a penalty 

3 or damages assessed under paragraph (1) or (2), be 

4 liable to the United States Government for the costs 

5 of a civil action brought to recover such penalty or 

6 damages. 

7 ‘‘(b) DEFINITIONS.—For purposes of this section— 

8 ‘‘(1) the terms ‘known’, ‘knowing’, and ‘know9 ingly’ mean that a person, with respect to informa10 tion— 

11 ‘‘(A) has actual knowledge of the informa12 tion, 

13 ‘‘(B) acts in deliberate ignorance of the 

14 truth or falsity of the information, or 

15 ‘‘(C) acts in reckless disregard of the truth 

16 or falsity of the information, 

17 and no proof of specific intent to defraud is re18 quired; 

19 ‘‘(2) the term ‘Government money or property’ 

20 means— 

21 ‘‘(A) money or property belonging to the 

22 United States Government; 

23 ‘‘(B) money or property that— 

24 ‘‘(i) the United States Government 

25 provides or has provided to a contractor, 


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1 grantee, agent, or other recipient, or for 

2 which the United States Government will 

3 reimburse a contractor, grantee, agent, or 

4 other recipient; and 

5 ‘‘(ii) is to be spent or used on the 

6 Government’s behalf or to advance a Gov7 ernment program; and 

8 ‘‘(C) money or property that the United 

9 States holds in trust or administers for any ad10 ministrative beneficiary; 

11 ‘‘(3) the term ‘claim’ includes any request or 

12 demand, whether under a contract or otherwise, for 

13 Government money or property; and 

14 ‘‘(4) the term ‘administrative beneficiary’ 

15 means any entity, including any governmental or 

16 quasi-governmental entity, on whose behalf the 

17 United States Government, alone or with others, 

18 serves as custodian or trustee of money or property 

19 owned by that entity. 

20 ‘‘(c) STATUTORY CAUSE OF ACTION.—Liability 

21 under this section is a statutory cause of action all ele22 ments of which are set forth in this section. No proof of 

23 any additional element of common law fraud or other 

24 cause of action is implied or required for liability to exist 

25 for a violation of subsection (a). 


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1 ‘‘(d) EXEMPTION FROM DISCLOSURE.—Any informa2 tion that a person provides pursuant to subparagraphs (A) 

3 through (C) of subsection (a)(2) shall be exempt from dis4 closure under section 552 of title 5. 

5 ‘‘(e) EXCLUSION.—This section does not apply to 

6 claims, records, or statements made under the Internal 

7 Revenue Code of 1986.’’. 

8 SEC. 3. CIVIL ACTIONS FOR FALSE CLAIMS. 

9 (a) ACTIONS BY PRIVATE PERSONS GENERALLY.— 

10 Section 3730(b) of title 31, United States Code, is amend11 ed— 

12 (1) in paragraph (1), by striking the last sen13 tence and inserting the following: ‘‘The action may 

14 be dismissed only with the consent of the court and 

15 the Attorney General.’’; 

16 (2) in paragraph (2), by inserting after the sec17 ond sentence the following: ‘‘In the absence of a 

18 showing of extraordinary need, the written disclosure 

19 of any material evidence and information, and any 

20 other attorney work product, that the person bring21 ing the action provides to the Government shall not 

22 be subject to discovery.’’; 

23 (3) in paragraph (4), by striking subparagraph 

24 (B) and inserting the following: 


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1 ‘‘(B) notify the court that it declines to take 

2 over the action, in which case the person bringing 

3 the action shall have the right to conduct the action, 

4 and, within 45 days after the Government provides 

5 such notice, shall either— 

6 ‘‘(i) move to dismiss the action without 

7 prejudice; or 

8 ‘‘(ii) notify the court of the person’s inten9 tion to proceed with the action and move the 

10 court to unseal the complaint, and any amend11 ments thereto, so as to permit service on the 

12 defendant and litigation of the action in a pub13 lic forum. 

14 A person who elects to proceed with the action under sub15 paragraph (B)(ii) shall serve the complaint within 120 

16 days after the person’s complaint is unsealed under such 

17 subparagraph.’’; and 

18 (4) by amending paragraph (5) to read as fol19 lows: 

20 ‘‘(5) When a person brings an action under this sub21 section, no person other than the Government may join 

22 or intervene in the action, except with the consent of the 

23 person who brought the action. In addition, when a person 

24 brings an action that is pled in accordance with this sub25 section and section 3731(e), no other person may bring 


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1 a separate action under this subsection based on the facts 

2 underlying a cause of action in the pending action.’’. 

3 (b) RIGHTS OF THE PARTIES TO QUI TAM AC4 TIONS.—Section 3730(c)(5) of title 31, United States 

5 Code, is amended by striking the second sentence and in6 serting the following: ‘‘An alternate remedy includes— 

7 ‘‘(A) anything of value received by the Govern8 ment from the defendant, whether funds, credits, or 

9 in-kind goods or services, in exchange for an agree10 ment by the Government either to release claims 

11 brought in, or to decline to intervene in or inves12 tigate, the action initiated under subsection (b); and 

13 ‘‘(B) anything of value received by the Govern14 ment based on the claims alleged by the person initi15 ating the action, if that person subsequently prevails 

16 on the claims. 

17 If any such alternate remedy is pursued in another pro18 ceeding, the person initiating the action shall have the 

19 same rights in such proceeding as such person would have 

20 had if the action had continued under this section, except 

21 that the person initiating the action may not obtain an 

22 award calculated on more than the total amount of dam23 ages, plus any fines or penalties, that could be recovered 

24 by the United States under section 3729(a).’’. 


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1 (c) AWARD TO QUI TAM PLAINTIFF.—Section 

2 3730(d) of title 31, United States Code, is amended— 

3 (1) in paragraph (1)— 

4 (A) in the first sentence, by inserting ‘‘an 

5 award of’’ after ‘‘receive’’; 

6 (B) by striking the second and third sen7 tences and inserting the following: ‘‘Any pay8 ment to a person under this paragraph or 

9 under paragraph (2) or (3) shall be made from 

10 the proceeds, and shall accrue interest, at the 

11 underpayment rate under section 6621 of the 

12 Internal Revenue Code of 1986, beginning 30 

13 days after the date the proceeds are paid to the 

14 United States, and continuing until payment is 

15 made to the person by the United States.’’; and 

16 (C) in the next to the last sentence, by 

17 striking ‘‘necessarily’’; 

18 (2) in paragraph (2)— 

19 (A) in the second sentence, by striking 

20 ‘‘and shall be paid out of such proceeds’’; and 

21 (B) in the third sentence, by striking ‘‘nec22 essarily’’; and 

23 (3) by amending paragraph (3) to read as fol24 lows: 


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1 ‘‘(3)(A) Whether or not the Government proceeds 

2 with the action, if the court finds that the action was 

3 brought by a person who either— 

4 ‘‘(i) planned and initiated the violation of sec5 tion 3729 upon which the action was brought, or 

6 ‘‘(ii) derived his or her knowledge of the action 

7 primarily from specific information relating to alle8 gations or transactions (other than information pro9 vided by the person bringing the action) that the 

10 Government publicly disclosed, within the meaning 

11 of subsection (e)(4)(A), or that it disclosed privately 

12 to the person bringing the action in the course of its 

13 investigation into potential violations of section 

14 3729, 

15 then the court may, to the extent the court considers ap16 propriate, reduce the share of the proceeds of the action 

17 that the person would otherwise receive under paragraph 

18 (1) or (2) of this subsection, taking into account the role 

19 of that person in advancing the case to litigation and any 

20 relevant circumstances pertaining to the violation. The 

21 court shall direct the defendant to pay any such person 

22 an amount for reasonable expenses that the court finds 

23 to have been incurred, plus reasonable attorneys’ fees and 

24 costs. 


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1 ‘‘(B) If the person bringing the action is convicted 

2 of criminal conduct arising from his or her role in the vio3 lation of section 3729, that person shall be dismissed from 

4 the civil action and shall not receive any share of the pro5 ceeds of the action. Such dismissal shall not prejudice the 

6 right of the United States to continue the action, rep7 resented by the Department of Justice.’’. 

8 (d) CERTAIN ACTIONS BARRED.—Section 3730(e)(4) 

9 of title 31, United States Code, is amended to read as 

10 follows: 

11 ‘‘(4)(A) Upon timely motion of the Attorney General 

12 of the United States, a court shall dismiss an action or 

13 claim brought by a person under subsection (b) if the alle14 gations relating to all essential elements of liability of the 

15 action or claim are based exclusively on the public disclo16 sure of allegations or transactions in a Federal criminal, 

17 civil, or administrative hearing, in a congressional, Federal 

18 administrative, or Government Accountability Office re19 port, hearing, audit, or investigation, or from the news 

20 media. 

21 ‘‘(B) For purposes of this paragraph, a ‘public disclo22 sure’ includes only disclosures that are made on the public 

23 record or have otherwise been disseminated broadly to the 

24 general public. An action or claim is ‘based on’ a public 

25 disclosure only if the person bringing the action derived 


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1 the person’s knowledge of all essential elements of liability 

2 of the action or claim alleged in the complaint from the 

3 public disclosure. The person bringing the action does not 

4 create a public disclosure by obtaining information from 

5 a request for information made under section 552 of title 

6 5 or from exchanges of information with law enforcement 

7 and other Government employees if such information does 

8 not otherwise qualify as publicly disclosed under this para9 graph.’’. 

10 (e) RELIEF FROM RETALIATORY ACTIONS.—Section 

11 3730(h) of title 31, United States Code, is amended to 

12 read as follows: 

13 ‘‘(h) RELIEF FROM RETALIATORY ACTION.—Any 

14 person who is discharged, demoted, suspended, threat15 ened, harassed, or in any other manner discriminated 

16 against in the terms or conditions of employment, or is 

17 materially hindered in obtaining new employment or other 

18 business opportunities, by any other person because of 

19 lawful acts done by the person discriminated against or 

20 others associated with that person— 

21 ‘‘(1) in furtherance of an actual or potential ac22 tion under this section, including investigation for, 

23 initiation of, testimony for, or assistance in an ac24 tion filed or to be filed under this section, or 


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1 ‘‘(2) in furtherance of other efforts to stop one 

2 or more violations of section 3729, 

3 shall be entitled to all relief, from the person who has en4 gaged in the discrimination, that is necessary to make the 

5 person whole. Such relief shall include reinstatement with 

6 the same seniority status such person would have had but 

7 for the discrimination, 2 times the amount of back pay 

8 or business loss, interest on the back pay or business loss, 

9 and compensation for any special damages sustained as 

10 a result of the discrimination, including litigation costs 

11 and reasonable attorneys’ fees. An action under this sub12 section may be brought in the appropriate district court 

13 of the United States for the relief provided in this sub14 section.’’. 

15 (f) RELIEF TO ADMINISTRATIVE BENEFICIARIES.— 

16 Section 3730 of title 31, United States Code, is amended 

17 by adding at the end the following new subsection: 

18 ‘‘(i) DAMAGES COLLECTED FOR FINANCIAL LOSSES

19 SUFFERED BY ADMINISTRATIVE BENEFICIARIES.— 

20 ‘‘(1) IN GENERAL.—After paying any awards 

21 due one or more persons who brought an action 

22 under subsection (b), the Government shall pay from 

23 the proceeds of the action to any administrative ben24 eficiary, as defined in section 3729(b), all amounts 

25 that the Government has collected in the action for 


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1 financial losses suffered by such administrative bene2 ficiary. Any remaining proceeds collected by the 

3 Government shall be treated in the same manner as 

4 proceeds collected by the Government for direct 

5 losses the Government suffers because of violations 

6 of section 3729. 

7 ‘‘(2) ALTERNATIVE REMEDIES.—Nothing in 

8 section 3729 or this section precludes administrative 

9 beneficiaries from pursuing any alternate remedies 

10 available to them for losses or other harm suffered 

11 by them that are not pursued or recovered in an ac12 tion under this section, except that if proceedings for 

13 such alternate remedies are initiated after a person 

14 has initiated an action under subsection (b), such 

15 person shall be entitled to have such alternative rem16 edies considered in determining any award in the ac17 tion under subsection (b) to the same extent that 

18 such person would be entitled under subsection 

19 (c)(5) with respect to any alternate remedy pursued 

20 by the Government.’’. 

21 SEC. 4. FALSE CLAIMS PROCEDURE. 

22 (a) STATUTE OF LIMITATIONS; INTERVENTION BY

23 THE GOVERNMENT.—Section 3731(b) of title 31, United 

24 States Code, is amended to read as follows: 


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1 ‘‘(b) STATUTE OF LIMITATIONS; INTERVENTION BY

2 THE GOVERNMENT.— 

3 ‘‘(1) STATUTE OF LIMITATIONS.—A civil action 

4 under section 3730 (a), (b), or (h) may not be 

5 brought more than 8 years after the date on which 

6 the violation of section 3729 or 3730(h) (as the case 

7 may be) is committed. 

8 ‘‘(2) INTERVENTION.—If the Government elects 

9 to intervene and proceed with an action brought 

10 under section 3730(b), the Government may file its 

11 own complaint, or amend the complaint of the per12 son who brought the action under section 3730(b), 

13 to clarify or add detail to the claims in which it is 

14 intervening and to add any additional claims with 

15 respect to which the Government contends it is enti16 tled to relief. For purposes of paragraph (1), any 

17 such Government pleading shall relate back to the 

18 filing date of the complaint of the person who origi19 nally brought the action to the extent that the Gov20 ernment’s claim arises out of the conduct, trans21 actions, or occurrences set forth, or attempted to be 

22 set forth, in the person’s prior complaint.’’. 

23 (b) STANDARD OF PROOF.—Section 3731(c) of title 

24 31, United States Code, is amended— 


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1 (1) by striking ‘‘(c) In’’ and inserting ‘‘(c) 

2 STANDARD OF PROOF.—In’’; and 

3 (2) by striking ‘‘United States’’ and inserting 

4 ‘‘plaintiff’’. 

5 (c) NOTICE OF CLAIMS; VOID CONTRACTS, AGREE6 MENTS, AND CONDITIONS OF EMPLOYMENT.—Section 

7 3731 of title 31, United States Code, is amended by add8 ing at the end the following new subsections: 

9 ‘‘(e) NOTICE OF CLAIMS.—In pleading an action 

10 brought under section 3730(b), a person shall not be re11 quired to identify specific claims that result from an al12 leged course of misconduct if the facts alleged in the com13 plaint, if ultimately proven true, would provide a reason14 able indication that one or more violations of section 3729 

15 are likely to have occurred, and if the allegations in the 

16 pleading provide adequate notice of the specific nature of 

17 the alleged misconduct to permit the Government effec18 tively to investigate and defendants fairly to defend the 

19 allegations made. 

20 ‘‘(f) VOID CONTRACT, AGREEMENTS, AND CONDI21 TIONS OF EMPLOYMENT.— 

22 ‘‘(1) IN GENERAL.—Any contract, private 

23 agreement, or private term or condition of employ24 ment that has the purpose or effect of limiting or 

25 circumventing the rights of a person to take otherVerDate Nov 24 2008 21:28 Mar 31, 2009 Jkt 079200 PO 00000 Frm 00017 Fmt 6652 Sfmt 6201 E:\BILLS\H1788.IH H1788

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1 wise lawful steps to initiate, prosecute, or support an 

2 action under section 3730, or to limit or circumvent 

3 the rights or remedies provided to persons bringing 

4 actions under section 3730(b) and other cooperating 

5 persons under section 3729 shall be void to the full 

6 extent of such purpose or effect. 

7 ‘‘(2) EXCEPTION.—Paragraph (1) shall not pre8 clude a contract or private agreement that is entered 

9 into— 

10 ‘‘(A) with the United States and a person 

11 bringing an action under section 3730(b) who 

12 would be affected by such contract or agree13 ment specifically to settle claims of the United 

14 States and the person under section 3730; or 

15 ‘‘(B) specifically to settle any discrimina16 tion claim under section 3730(h) of a person af17 fected by such contract or agreement.’’. 

18 (d) CONFORMING AMENDMENTS.—Section 3731 of 

19 title 31, United States Code, is amended— 

20 (1) in subsection (a), by striking ‘‘(a) A sub21 pena’’ and inserting ‘‘(a) SERVICE OF SUB22 POENAS.—A subpoena’’; and 

23 (2) in subsection (d), by striking ‘‘(d) Notwith24 standing’’ and inserting ‘‘(d) ESTOPPEL.—Notwith25 standing’’. 


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1 SEC. 5. FALSE CLAIMS JURISDICTION. 

2 Section 3732 of title 31, United States Code, is 

3 amended by adding at the end the following new sub4 section: 

5 ‘‘(c) SERVICE ON STATE OR LOCAL AUTHORITIES.— 

6 With respect to any State or local government that is 

7 named as a co-plaintiff with the United States in an action 

8 brought under subsection (b), a seal on the action ordered 

9 by the court under section 3730(b) shall not preclude the 

10 Government or the person bringing the action from serv11 ing the complaint, any other pleadings, or the written dis12 closure of substantially all material evidence and informa13 tion possessed by the person bringing the action on the 

14 law enforcement authorities that are authorized under the 

15 law of that State or local government to investigate and 

16 prosecute such actions on behalf of such governments.’’. 

17 SEC. 6. CIVIL INVESTIGATIVE DEMANDS. 

18 (a) CIVIL INVESTIGATIVE DEMANDS.—Section 

19 3733(a) of title 31, United States Code, is amended— 

20 (1) in paragraph (1)— 

21 (A) in the matter following subparagraph 

22 (D)— 

23 (i) by striking ‘‘The Attorney General 

24 may not delegate’’ and all that follows 

25 through ‘‘subsection.’’; and 


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1 (ii) by striking ‘‘, the Deputy Attorney 

2 General, or an Assistant Attorney Gen3 eral’’; and 

4 (B) by adding at the end the following: 

5 ‘‘Any information obtained by the Attorney 

6 General under this section may be shared with 

7 any a person bringing an action under section 

8 3730(b) if the Attorney General determines 

9 that it is necessary as part of any false claims 

10 law investigation.’’; and 

11 (2) in paragraph (2)— 

12 (A) in subparagraph (F), by striking ‘‘or 

13 an Assistant Attorney General designated by 

14 the Attorney General’’; and 

15 (B) in subparagraph (G), by striking the 

16 second sentence. 

17 (b) PROCEDURES.— 

18 (1) ORAL EXAMINATIONS.—Section 3733(h)(6) 

19 of title 31, United States Code, is amended by strik20 ing ‘‘, the Deputy Attorney General, or an Assistant 

21 Attorney General’’. 

22 (2) CUSTODIANS.—Section 3733(i)(3) of title 

23 31, United States Code, is amended to read as fol24 lows: 


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1 ‘‘(3) USE OF MATERIAL, ANSWERS, OR TRAN2 SCRIPTS IN FALSE CLAIMS ACTIONS AND OTHER

3 PROCEEDINGS.—Whenever any attorney of the De4 partment of Justice has been designated to handle 

5 any false claims law investigation or proceeding, or 

6 any other administrative, civil, or criminal investiga7 tion, case, or proceeding, the custodian of any docu8 mentary material, answers to interrogatories, or 

9 transcripts of oral testimony received under this sec10 tion may deliver to such attorney such material, an11 swers, or transcripts for official use in connection 

12 with any such investigation, case, or proceeding as 

13 such attorney determines to be required. Upon the 

14 completion of any such investigation, case, or pro15 ceeding, such attorney shall return to the custodian 

16 any such material, answers, or transcripts so deliv17 ered that have not passed into the control of a court, 

18 grand jury, or agency through introduction into the 

19 record of such case or proceeding.’’. 

20 (c) DEFINITIONS.—Section 3733(l) of title 31, 

21 United States Code, is amended— 

22 (1) in paragraph (6), by striking ‘‘and’’ after 

23 the semicolon; 

24 (2) in paragraph (7), by striking the period at 

25 the end and inserting ‘‘; and’’; and 


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1 (3) by adding at the end the following: 

2 ‘‘(8) the term ‘official use’ means all lawful, 

3 reasonable uses in furtherance of an investigation, 

4 case, or proceeding, such as disclosures in connec5 tion with interviews of fact witnesses, settlement dis6 cussions, coordination of an investigation with a 

7 State Medicaid Fraud Control Unit or other govern8 ment personnel, consultation with experts, and use 

9 in court pleadings and hearings.’’. 

10 (d) DELEGATION OF AUTHORITY.—Section 3733 of 

11 title 31, United States Code, is amended by adding at the 

12 end the following: 

13 ‘‘(m) DELEGATION.—The Attorney General may del14 egate any authority that the Attorney General has under 

15 this section.’’. 

16 SEC. 7. EFFECTIVE DATE. 

17 (a) IN GENERAL.—The amendments made by this 

18 Act shall take effect on the date of the enactment of this 

19 Act and, except as provided in subsection (b), shall apply 

20 to any case pending on, or filed on or after, that date. 

21 (b) EXCEPTIONS.—The following provisions of title 

22 31, United States Code, as amended by this Act, shall 

23 apply only to cases filed on or after the date of the enact24 ment of this Act: 


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1 (1) Section 3729(a)(1)(C)(i), relating to the 

2 failure to comply with a statutory or contractual ob3 ligation to disclose an overpayment. 

4 (2) Section 3730(h), to the extent such section 

5 applies to discrimination against a person because of 

6 lawful acts done by others associated with that per7 son. 

8 (3) Section 3731(b)(1). 

Æ 


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