IB 

Union Calendar No. 44 

111TH CONGRESS 

1ST SESSION H. R. 1788 

[Report No. 111–97] 

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 

MAY 5, 2009 

Additional sponsors: Ms. LINDA T. SA ́NCHEZ of California, Mr. THOMPSON of 

Mississippi, Mr. PLATTS, Mr. SHERMAN, and Mr. BRALEY of Iowa 

MAY 5, 2009 

Committed to the Committee of the Whole House on the State of the Union 

and ordered to be printed 

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, 


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1 SECTION 1. SHORT TITLE. 

2 This Act may be cited as the ‘‘False Claims Act Cor3 rection Act of 2009’’. 

4 SEC. 2. LIABILITY FOR FALSE CLAIMS. 

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

6 amended to read as follows: 

7 ‘‘§ 3729. False claims 

8 ‘‘(a) LIABILITY FOR CERTAIN ACTS.— 

9 ‘‘(1) IN GENERAL.—Any person who— 

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

11 presented for payment or approval, a false or 

12 fraudulent claim for Government money or 

13 property, 

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

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

16 get a false or fraudulent claim for Government 

17 money or property paid or approved, 

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

19 Government money or property and either— 

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

21 or contractual obligation to disclose an 

22 overpayment about which the person is on 

23 actual notice, or 

24 ‘‘(ii) intending to— 

25 ‘‘(I) defraud the Government, or 


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1 ‘‘(II) knowingly convert the 

2 money or property, permanently or 

3 temporarily, to an unauthorized use, 

4 fails to deliver or return, or fails to cause 

5 the return or delivery of, the money or 

6 property, or delivers, returns, or causes to 

7 be delivered or returned less money or 

8 property than the amount due or owed, 

9 ‘‘(D) authorized to make or deliver a docu10 ment certifying receipt of property used, or to 

11 be used, by the Government and, intending to 

12 defraud the Government, makes or delivers the 

13 receipt without completely knowing that the in14 formation on the receipt is true, 

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

16 pledge of an obligation or debt, Government 

17 money or property from an officer or employee 

18 of the Government, or a member of the Armed 

19 Forces, who lawfully may not sell or pledge the 

20 money or property, 

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

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

23 conceal, avoid, or decrease an obligation to pay 

24 or transmit money or property to the Govern25 ment, or 


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

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

3 is liable to the United States Government for a civil 

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

5 $10,000, plus 3 times the amount of damages that 

6 the Government or its administrative beneficiary 

7 sustains because of the act of that person, subject 

8 to paragraphs (2) and (3). 

9 ‘‘(2) LESSER PENALTY IF DEFENDANT COOPER10 ATES WITH INVESTIGATION.—In an action brought 

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

12 assess not less than 2 times the amount of damages 

13 that the Government or its administrative bene14 ficiary sustains because of the act of the person 

15 committing the violation if the court finds that— 

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

17 of the United States who are responsible for in18 vestigating false claims violations, all informa19 tion known to the person about the violation 

20 within 30 days after the date on which the per21 son first obtained the information; 

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

23 Government investigation of the violation; and 

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

25 the United States the information about the 


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1 violation under subparagraph (A), no criminal 

2 prosecution, civil action, or administrative ac3 tion had commenced with respect to such viola4 tion, and the person did not have actual knowl5 edge of the existence of an investigation into 

6 such violation. 

7 ‘‘(3) ASSESSMENT OF COSTS.—A person vio8 lating paragraph (1) shall, in addition to a penalty 

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

10 liable to the United States Government for the costs 

11 of a civil action brought to recover such penalty or 

12 damages. 

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

14 ‘‘(1) the terms ‘known’, ‘knowing’, and ‘know15 ingly’ mean that a person, with respect to informa16 tion— 

17 ‘‘(A) has actual knowledge of the informa18 tion, 

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

20 truth or falsity of the information, or 

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

22 or falsity of the information, 

23 and no proof of specific intent to defraud is re24 quired; 


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

2 means— 

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

4 United States Government; 

5 ‘‘(B) money or property that— 

6 ‘‘(i) the United States Government 

7 provides or has provided to a contractor, 

8 grantee, agent, or other recipient, or for 

9 which the United States Government will 

10 reimburse a contractor, grantee, agent, or 

11 other recipient; and 

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

13 Government’s behalf or to advance a Gov14 ernment program; and 

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

16 States holds in trust or administers for any ad17 ministrative beneficiary; 

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

19 demand, whether under a contract or otherwise, for 

20 Government money or property; and 

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

22 means any entity, including any governmental or 

23 quasi-governmental entity, on whose behalf the 

24 United States Government, alone or with others, 


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1 serves as custodian or trustee of money or property 

2 owned by that entity. 

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

4 under this section is a statutory cause of action all ele5 ments of which are set forth in this section. No proof of 

6 any additional element of common law fraud or other 

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

8 for a violation of subsection (a). 

9 ‘‘(d) EXEMPTION FROM DISCLOSURE.—Any informa10 tion that a person provides pursuant to subparagraphs (A) 

11 through (C) of subsection (a)(2) shall be exempt from dis12 closure under section 552 of title 5. 

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

14 claims, records, or statements made under the Internal 

15 Revenue Code of 1986.’’. 

16 SEC. 3. CIVIL ACTIONS FOR FALSE CLAIMS. 

17 (a) ACTIONS BY PRIVATE PERSONS GENERALLY.— 

18 Section 3730(b) of title 31, United States Code, is amend19 ed— 

20 (1) in paragraph (1), by striking the last sen21 tence and inserting the following: ‘‘The action may 

22 be dismissed only with the consent of the court and 

23 the Attorney General.’’; 

24 (2) in paragraph (2), by inserting after the sec25 ond sentence the following: ‘‘In the absence of a 


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1 showing of extraordinary need, the written disclosure 

2 of any material evidence and information, and any 

3 other attorney work product, that the person bring4 ing the action provides to the Government shall not 

5 be subject to discovery.’’; 

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

7 (B) and inserting the following: 

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

9 over the action, in which case the person bringing 

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

11 and, within 45 days after the Government provides 

12 such notice, shall either— 

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

14 prejudice; or 

15 ‘‘(ii) notify the court of the person’s inten16 tion to proceed with the action and move the 

17 court to unseal the complaint, and any amend18 ments thereto, so as to permit service on the 

19 defendant and litigation of the action in a pub20 lic forum. 

21 A person who elects to proceed with the action under sub22 paragraph (B)(ii) shall serve the complaint within 120 

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

24 subparagraph.’’; and 


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1 (4) by amending paragraph (5) to read as fol2 lows: 

3 ‘‘(5) When a person brings an action under this sub4 section, no person other than the Government may join 

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

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

7 brings an action that is pled in accordance with this sub8 section and section 3731(e), no other person may bring 

9 a separate action under this subsection based on the facts 

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

11 (b) RIGHTS OF THE PARTIES TO QUI TAM AC12 TIONS.—Section 3730(c)(5) of title 31, United States 

13 Code, is amended by striking the second sentence and in14 serting the following: ‘‘An alternate remedy includes— 

15 ‘‘(A) anything of value received by the Govern16 ment from the defendant, whether funds, credits, or 

17 in-kind goods or services, in exchange for an agree18 ment by the Government either to release claims 

19 brought in, or to decline to intervene in or inves20 tigate, the action initiated under subsection (b); and 

21 ‘‘(B) anything of value received by the Govern22 ment based on the claims alleged by the person initi23 ating the action, if that person subsequently prevails 

24 on the claims. 


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1 If any such alternate remedy is pursued in another pro2 ceeding, the person initiating the action shall have the 

3 same rights in such proceeding as such person would have 

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

5 that the person initiating the action may not obtain an 

6 award calculated on more than the total amount of dam7 ages, plus any fines or penalties, that could be recovered 

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

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

10 3730(d) of title 31, United States Code, is amended— 

11 (1) in paragraph (1)— 

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

13 award of’’ after ‘‘receive’’; 

14 (B) by striking the second and third sen15 tences and inserting the following: ‘‘Any pay16 ment to a person under this paragraph or 

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

18 the proceeds, and shall accrue interest, at the 

19 underpayment rate under section 6621 of the 

20 Internal Revenue Code of 1986, beginning 30 

21 days after the date the proceeds are paid to the 

22 United States, and continuing until payment is 

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

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

25 striking ‘‘necessarily’’; 


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1 (2) in paragraph (2)— 

2 (A) in the second sentence, by striking 

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

4 (B) in the third sentence, by striking ‘‘nec5 essarily’’; and 

6 (3) by amending paragraph (3) to read as fol7 lows: 

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

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

10 brought by a person who either— 

11 ‘‘(i) planned and initiated the violation of sec12 tion 3729 upon which the action was brought, or 

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

14 primarily from specific information relating to alle15 gations or transactions (other than information pro16 vided by the person bringing the action) that the 

17 Government publicly disclosed, within the meaning 

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

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

20 investigation into potential violations of section 

21 3729, 

22 then the court may, to the extent the court considers ap23 propriate, reduce the share of the proceeds of the action 

24 that the person would otherwise receive under paragraph 

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


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

2 relevant circumstances pertaining to the violation. The 

3 court shall direct the defendant to pay any such person 

4 an amount for reasonable expenses that the court finds 

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

6 costs. 

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

8 of criminal conduct arising from his or her role in the vio9 lation of section 3729, that person shall be dismissed from 

10 the civil action and shall not receive any share of the pro11 ceeds of the action. Such dismissal shall not prejudice the 

12 right of the United States to continue the action, rep13 resented by the Department of Justice.’’. 

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

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

16 follows: 

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

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

19 claim brought by a person under subsection (b) if the alle20 gations relating to all essential elements of liability of the 

21 action or claim are based exclusively on the public disclo22 sure of allegations or transactions in a Federal criminal, 

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

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1 port, hearing, audit, or investigation, or from the news 

2 media. 

3 ‘‘(B) For purposes of this paragraph, a ‘public disclo4 sure’ includes only disclosures that are made on the public 

5 record or have otherwise been disseminated broadly to the 

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

7 disclosure only if the person bringing the action derived 

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

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

10 public disclosure. The person bringing the action does not 

11 create a public disclosure by obtaining information from 

12 a request for information made under section 552 of title 

13 5 or from exchanges of information with law enforcement 

14 and other Government employees if such information does 

15 not otherwise qualify as publicly disclosed under this para16 graph.’’. 

17 (e) RELIEF FROM RETALIATORY ACTIONS.—Section 

18 3730(h) of title 31, United States Code, is amended to 

19 read as follows: 

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

21 person who is discharged, demoted, suspended, threat22 ened, harassed, or in any other manner discriminated 

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

24 materially hindered in obtaining new employment or other 

25 business opportunities, by any other person because of 


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1 lawful acts done by the person discriminated against or 

2 others associated with that person— 

3 ‘‘(1) in furtherance of an actual or potential ac4 tion under this section, including investigation for, 

5 initiation of, testimony for, or assistance in an ac6 tion filed or to be filed under this section, or 

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

8 or more violations of section 3729, 

9 shall be entitled to all relief, from the person who has en10 gaged in the discrimination, that is necessary to make the 

11 person whole. Such relief shall include reinstatement with 

12 the same seniority status such person would have had but 

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

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

15 and compensation for any special damages sustained as 

16 a result of the discrimination, including litigation costs 

17 and reasonable attorneys’ fees. An action under this sub18 section may be brought in the appropriate district court 

19 of the United States for the relief provided in this sub20 section.’’. 

21 (f) RELIEF TO ADMINISTRATIVE BENEFICIARIES.— 

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

23 by adding at the end the following new subsection: 

24 ‘‘(i) DAMAGES COLLECTED FOR FINANCIAL LOSSES

25 SUFFERED BY ADMINISTRATIVE BENEFICIARIES.— 


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

2 due one or more persons who brought an action 

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

4 the proceeds of the action to any administrative ben5 eficiary, as defined in section 3729(b), all amounts 

6 that the Government has collected in the action for 

7 financial losses suffered by such administrative bene8 ficiary. Any remaining proceeds collected by the 

9 Government shall be treated in the same manner as 

10 proceeds collected by the Government for direct 

11 losses the Government suffers because of violations 

12 of section 3729. 

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

14 section 3729 or this section precludes administrative 

15 beneficiaries from pursuing any alternate remedies 

16 available to them for losses or other harm suffered 

17 by them that are not pursued or recovered in an ac18 tion under this section, except that if proceedings for 

19 such alternate remedies are initiated after a person 

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

21 person shall be entitled to have such alternative rem22 edies considered in determining any award in the ac23 tion under subsection (b) to the same extent that 

24 such person would be entitled under subsection 


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

2 by the Government.’’. 

3 SEC. 4. FALSE CLAIMS PROCEDURE. 

4 (a) STATUTE OF LIMITATIONS; INTERVENTION BY

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

6 States Code, is amended to read as follows: 

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

8 THE GOVERNMENT.— 

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

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

11 brought more than 8 years after the date on which 

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

13 may be) is committed. 

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

15 to intervene and proceed with an action brought 

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

17 own complaint, or amend the complaint of the per18 son who brought the action under section 3730(b), 

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

20 intervening and to add any additional claims with 

21 respect to which the Government contends it is enti22 tled to relief. For purposes of paragraph (1), any 

23 such Government pleading shall relate back to the 

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1 ernment’s claim arises out of the conduct, trans2 actions, or occurrences set forth, or attempted to be 

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

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

5 31, United States Code, is amended— 

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

7 STANDARD OF PROOF.—In’’; and 

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

9 ‘‘plaintiff’’. 

10 (c) NOTICE OF CLAIMS; VOID CONTRACTS, AGREE11 MENTS, AND CONDITIONS OF EMPLOYMENT.—Section 

12 3731 of title 31, United States Code, is amended by add13 ing at the end the following new subsections: 

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

15 brought under section 3730(b), a person shall not be re16 quired to identify specific claims that result from an al17 leged course of misconduct if the facts alleged in the com18 plaint, if ultimately proven true, would provide a reason19 able indication that one or more violations of section 3729 

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

21 pleading provide adequate notice of the specific nature of 

22 the alleged misconduct to permit the Government effec23 tively to investigate and defendants fairly to defend the 

24 allegations made. 


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1 ‘‘(f) VOID CONTRACT, AGREEMENTS, AND CONDI2 TIONS OF EMPLOYMENT.— 

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

4 agreement, or private term or condition of employ5 ment that has the purpose or effect of limiting or 

6 circumventing the rights of a person to take other7 wise lawful steps to initiate, prosecute, or support an 

8 action under section 3730, or to limit or circumvent 

9 the rights or remedies provided to persons bringing 

10 actions under section 3730(b) and other cooperating 

11 persons under section 3729 shall be void to the full 

12 extent of such purpose or effect. 

13 ‘‘(2) EXCEPTION.—Paragraph (1) shall not pre14 clude a contract or private agreement that is entered 

15 into— 

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

17 bringing an action under section 3730(b) who 

18 would be affected by such contract or agree19 ment specifically to settle claims of the United 

20 States and the person under section 3730; or 

21 ‘‘(B) specifically to settle any discrimina22 tion claim under section 3730(h) of a person af23 fected by such contract or agreement.’’. 

24 (d) CONFORMING AMENDMENTS.—Section 3731 of 

25 title 31, United States Code, is amended— 


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1 (1) in subsection (a), by striking ‘‘(a) A sub2 pena’’ and inserting ‘‘(a) SERVICE OF SUB3 POENAS.—A subpoena’’; and 

4 (2) in subsection (d), by striking ‘‘(d) Notwith5 standing’’ and inserting ‘‘(d) ESTOPPEL.—Notwith6 standing’’. 

7 SEC. 5. FALSE CLAIMS JURISDICTION. 

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

9 amended by adding at the end the following new sub10 section: 

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

12 With respect to any State or local government that is 

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

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

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

16 Government or the person bringing the action from serv17 ing the complaint, any other pleadings, or the written dis18 closure of substantially all material evidence and informa19 tion possessed by the person bringing the action on the 

20 law enforcement authorities that are authorized under the 

21 law of that State or local government to investigate and 

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

23 SEC. 6. CIVIL INVESTIGATIVE DEMANDS. 

24 (a) CIVIL INVESTIGATIVE DEMANDS.—Section 

25 3733(a) of title 31, United States Code, is amended— 


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1 (1) in paragraph (1)— 

2 (A) in the matter following subparagraph 

3 (D)— 

4 (i) by striking ‘‘The Attorney General 

5 may not delegate’’ and all that follows 

6 through ‘‘subsection.’’; and 

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

8 General, or an Assistant Attorney Gen9 eral’’; and 

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

11 ‘‘Any information obtained by the Attorney 

12 General under this section may be shared with 

13 any a person bringing an action under section 

14 3730(b) if the Attorney General determines 

15 that it is necessary as part of any false claims 

16 law investigation.’’; and 

17 (2) in paragraph (2)— 

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

19 an Assistant Attorney General designated by 

20 the Attorney General’’; and 

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

22 second sentence. 

23 (b) PROCEDURES.— 

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

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1 ing ‘‘, the Deputy Attorney General, or an Assistant 

2 Attorney General’’. 

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

4 31, United States Code, is amended to read as fol5 lows: 

6 ‘‘(3) USE OF MATERIAL, ANSWERS, OR TRAN7 SCRIPTS IN FALSE CLAIMS ACTIONS AND OTHER

8 PROCEEDINGS.—Whenever any attorney of the De9 partment of Justice has been designated to handle 

10 any false claims law investigation or proceeding, or 

11 any other administrative, civil, or criminal investiga12 tion, case, or proceeding, the custodian of any docu13 mentary material, answers to interrogatories, or 

14 transcripts of oral testimony received under this sec15 tion may deliver to such attorney such material, an16 swers, or transcripts for official use in connection 

17 with any such investigation, case, or proceeding as 

18 such attorney determines to be required. Upon the 

19 completion of any such investigation, case, or pro20 ceeding, such attorney shall return to the custodian 

21 any such material, answers, or transcripts so deliv22 ered that have not passed into the control of a court, 

23 grand jury, or agency through introduction into the 

24 record of such case or proceeding.’’. 


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

2 United States Code, is amended— 

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

4 the semicolon; 

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

6 the end and inserting ‘‘; and’’; and 

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

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

9 reasonable uses in furtherance of an investigation, 

10 case, or proceeding, such as disclosures in connec11 tion with interviews of fact witnesses, settlement dis12 cussions, coordination of an investigation with a 

13 State Medicaid Fraud Control Unit or other govern14 ment personnel, consultation with experts, and use 

15 in court pleadings and hearings.’’. 

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

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

18 end the following: 

19 ‘‘(m) DELEGATION.—The Attorney General may del20 egate any authority that the Attorney General has under 

21 this section.’’. 

22 SEC. 7. EFFECTIVE DATE. 

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

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


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

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

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

4 31, United States Code, as amended by this Act, shall 

5 apply only to cases filed on or after the date of the enact6 ment of this Act: 

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

8 failure to comply with a statutory or contractual ob9 ligation to disclose an overpayment. 

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

11 applies to discrimination against a person because of 

12 lawful acts done by others associated with that per13 son. 

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


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Union Calendar No. 44 

111TH CONGRESS 

1ST SESSION H. R. 1788 

[Report No. 111–97] 

A BILL 

To amend the provisions of title 31, United States 

for other purposes. technical amendments to those provisions, and Code, relating to false claims to clarify and make 

MAY 5, 2009 

Committed to the Committee of the Whole House on the 

State of the Union and ordered to be printed 


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