I 

110TH CONGRESS 

1ST SESSION H. R. 4854 

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 

DECEMBER 19, 2007 

Mr. BERMAN (for himself and Mr. SENSENBRENNER) 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 2007’’. 

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, intending 

14 to— 

15 ‘‘(i) defraud the Government, 

16 ‘‘(ii) retain a known overpayment, or 

17 ‘‘(iii) knowingly convert the money or 

18 property, permanently or temporarily, to 

19 an unauthorized use, 

20 fails to deliver or return, or fails to cause the 

21 return or delivery of, the money or property, or 

22 delivers, returns, or causes to be delivered or 

23 returned less money or property than the 

24 amount due or owed, 

25 ‘‘(D) authorized to make or deliver a docu26 ment certifying receipt of property used, or to 


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1 be used, by the Government and, intending to 

2 defraud the Government, makes or delivers the 

3 receipt without completely knowing that the in4 formation on the receipt is true, 

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

6 pledge of an obligation or debt, public property 

7 from an officer or employee of the Government, 

8 or a member of the Armed Forces, who lawfully 

9 may not sell or pledge the property, 

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

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

12 conceal, avoid, or decrease an obligation to pay 

13 or transmit money or property to the Govern14 ment, or 

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

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

17 is liable to the United States Government for a civil 

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

19 $10,000, plus 3 times the amount of damages which 

20 the Government or its administrative beneficiary 

21 sustains because of the act of that person, subject 

22 to paragraphs (2) and (3). 

23 ‘‘(2) LESSER PENALTY IF DEFENDANT COOPER24 ATES WITH INVESTIGATION.—In an action brought 

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


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1 assess not less than 2 times the amount of damages 

2 which the Government or its administrative bene3 ficiary sustains because of the act of the person 

4 committing the violation if the court finds that— 

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

6 of the United States who are responsible for in7 vestigating false claims violations, all informa8 tion known to the person about the violation 

9 within 30 days after the date on which the per10 son first obtained the information; 

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

12 Government investigation of the violation; and 

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

14 the United States the information about the 

15 violation under subparagraph (A), no criminal 

16 prosecution, civil action, or administrative ac17 tion had commenced with respect to such viola18 tion, and the person did not have actual knowl19 edge of the existence of an investigation into 

20 such violation. 

21 ‘‘(3) ASSESSMENT OF COSTS.—A person vio22 lating paragraph (1) shall, in addition to a penalty 

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

24 liable to the United States Government for the costs 


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1 of a civil action brought to recover such penalty or 

2 damages. 

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

4 ‘‘(1) the terms ‘known’, ‘knowing’, and ‘know5 ingly’ mean that a person, with respect to informa6 tion— 

7 ‘‘(A) has actual knowledge of the informa8 tion, 

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

10 truth or falsity of the information, or 

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

12 or falsity of the information, 

13 and no proof of specific intent to defraud is re14 quired; 

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

16 means— 

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

18 United States Government; 

19 ‘‘(B) money or property that— 

20 ‘‘(i) the United States Government 

21 provides or has provided to a contractor, 

22 grantee, agent, or other recipient, or for 

23 which the United States Government will 

24 reimburse a contractor, grantee, agent, or 

25 other recipient; and 


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

2 Government’s behalf or to advance a Gov3 ernment program; and 

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

5 States holds in trust or administers for any ad6 ministrative beneficiary; 

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

8 demand, whether under a contract or otherwise, for 

9 Government money or property; and 

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

11 means any entity, including any governmental or 

12 quasi-governmental entity, on whose behalf the 

13 United States Government, alone or with others, 

14 serves as custodian or trustee of money or property 

15 owned by that entity. 

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

17 under this section is a statutory cause of action all ele18 ments of which are set forth in this section. No proof of 

19 any additional element of common law fraud or other 

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

21 for a violation of these provisions. 

22 ‘‘(d) EXEMPTION FROM DISCLOSURE.—Any informa23 tion that a person provides pursuant to subparagraphs (A) 

24 through (C) of subsection (a)(2) shall be exempt from dis25 closure under section 552 of title 5. 


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

2 claims, records, or statements made under the Internal 

3 Revenue Code of 1986.’’. 

4 SEC. 3. CIVIL ACTIONS FOR FALSE CLAIMS. 

5 (a) ACTIONS BY PRIVATE PERSONS GENERALLY.— 

6 Section 3730(b) of title 31, United States Code, is amend7 ed— 

8 (1) in paragraph (1), by striking the last sen9 tence and inserting the following: ‘‘The action may 

10 be dismissed only with the consent of the court and 

11 the Attorney General.’’; 

12 (2) in paragraph (2), by inserting after the sec13 ond sentence the following: ‘‘In the absence of a 

14 showing of extraordinary need, the written disclosure 

15 of any material evidence and information, and any 

16 other attorney work product, that the person bring17 ing the action provides to the Government shall not 

18 be subject to discovery.’’; 

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

20 (B) and inserting the following: 

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

22 over the action, in which case the person bringing 

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

24 and, within 45 days after the Government provides 

25 such notice, shall either— 


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

2 prejudice, or 

3 ‘‘(ii) notify the court of the person’s inten4 tion to proceed with the action and move the 

5 court to unseal the complaint, and any amend6 ments thereto, so as to permit service on the 

7 defendant and litigation of the action in a pub8 lic forum. 

9 A person who elects to proceed with the action under sub10 paragraph (B)(ii) shall serve the complaint within 120 

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

12 subparagraph.’’; and 

13 (4) by amending paragraph (5) to read as fol14 lows: 

15 ‘‘(5) When a person brings an action under this sub16 section, no person other than the Government may join 

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

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

19 brings an action that is pled in accordance with this sub20 section and section 3731(e), no other person may bring 

21 a separate action under this subsection based on the facts 

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

23 (b) RIGHTS OF THE PARTIES TO QUI TAM AC24 TIONS.—Section 3730(c)(5) of title 31, United States 


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1 Code, is amended by striking the second sentence and in2 serting the following: ‘‘An alternate remedy includes— 

3 ‘‘(A) anything of value received by the Govern4 ment from the defendant, whether funds, credits, or 

5 in-kind goods or services, in exchange for an agree6 ment by the Government either to release claims 

7 brought in, or to decline to intervene in or inves8 tigate the action initiated under subsection (b); and 

9 ‘‘(B) anything of value received by the Govern10 ment based on the claims alleged by the person initi11 ating the action, if that person subsequently prevails 

12 on the claims. 

13 If any such alternate remedy is pursued in another pro14 ceeding, the person initiating the action shall have the 

15 same rights in such proceeding as such person would have 

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

17 that the person initiating the action may not obtain an 

18 award calculated on more than the total amount of dam19 ages, plus any fines or penalties, that could be recovered 

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

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

22 3730(d) of title 31, United States Code, is amended— 

23 (1) in paragraph (1)— 

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

25 award of’’ after ‘‘receive’’; 


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1 (B) by striking the second and third sen2 tences and inserting the following: ‘‘Any pay3 ment to a person under this paragraph or 

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

5 the proceeds, and shall accrue interest, at the 

6 underpayment rate under section 6621 of the 

7 Internal Revenue Code of 1986, beginning 30 

8 days after the date the proceeds are paid to the 

9 United States, and continuing until payment is 

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

11 (C) in the last sentence, by striking ‘‘nec12 essarily’’; 

13 (2) in paragraph (2)— 

14 (A) in the second sentence, by striking 

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

16 (B) in the third sentence, by striking ‘‘nec17 essarily’’; and 

18 (3) by amending paragraph (3) to read as fol19 lows: 

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

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

22 brought by a person who either— 

23 ‘‘(i) planned and initiated the violation of sec24 tion 3729 upon which the action was brought, or 


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

2 primarily from specific information relating to alle3 gations or transactions (other than information pro4 vided by the person bringing the action) that the 

5 Government publicly disclosed, within the meaning 

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

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

8 investigation into potential violations of section 

9 3729, 

10 then the court may, to the extent the court considers ap11 propriate, reduce the share of the proceeds of the action 

12 that the person would otherwise receive under paragraph 

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

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

15 relevant circumstances pertaining to the violation. The 

16 court shall direct the defendant to pay any such person 

17 an amount for reasonable expenses that the court finds 

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

19 costs. 

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

21 of criminal conduct arising from his or her role in the vio22 lation of section 3729, that person shall be dismissed from 

23 the civil action and shall not receive any share of the pro24 ceeds of the action. Such dismissal shall not prejudice the 


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1 right of the United States to continue the action, rep2 resented by the Department of Justice.’’. 

3 (d) CERTAIN ACTIONS BARRED.—Paragraph (4) of 

4 section 3730(e) of title 31, United States Code, is amend5 ed to read as follows: 

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

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

8 claim brought by a person under subsection (b) if the alle9 gations relating to all essential elements of liability of the 

10 action or claim are based exclusively on the public disclo11 sure of allegations or transactions in a Federal criminal, 

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

13 administrative, or Government Accountability Office re14 port, hearing, audit, or investigation, or from the news 

15 media. 

16 ‘‘(B) For purposes of this paragraph, a ‘public disclo17 sure’ includes only disclosures that are made on the public 

18 record or have otherwise been disseminated broadly to the 

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

20 disclosure only if the person bringing the action derived 

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

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

23 public disclosure. The person bringing the action does not 

24 create a public disclosure by obtaining information from 

25 a request for information made under section 552 of title 


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1 5 or from exchanges of information with law enforcement 

2 and other Government employees if such information does 

3 not otherwise qualify as publicly disclosed under this para4 graph.’’. 

5 (e) RELIEF FROM RETALIATORY ACTIONS.—Sub6 section (h) of section 3730 of title 31, United States Code, 

7 is amended to read as follows: 

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

9 person who is discharged, demoted, suspended, threat10 ened, harassed, or in any other manner discriminated 

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

12 materially hindered in obtaining new employment or other 

13 business opportunities, by any other person because of 

14 lawful acts done by the person discriminated against or 

15 others associated with that person— 

16 ‘‘(1) in furtherance of an actual or potential ac17 tion under this section, including investigation for, 

18 initiation of, testimony for, or assistance in an ac19 tion filed or to be filed under this section, or 

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

21 or more violations of section 3729, 

22 shall be entitled to all relief necessary to make the person 

23 whole. Such relief shall include reinstatement with the 

24 same seniority status such person would have had but for 

25 the discrimination, 2 times the amount of back pay or 


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

2 and compensation for any special damages sustained as 

3 a result of the discrimination, including litigation costs 

4 and reasonable attorneys’ fees. An action under this sub5 section may be brought in the appropriate district court 

6 of the United States for the relief provided in this sub7 section.’’. 

8 (f) RELIEF TO ADMINISTRATIVE BENEFICIARIES.— 

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

10 by adding at the end the following new subsection: 

11 ‘‘(i) DAMAGES COLLECTED FOR FINANCIAL LOSES

12 SUFFERED BY ADMINISTRATIVE BENEFICIARIES.—After 

13 paying any awards due one or more persons who brought 

14 an action under subsection (b), the Government shall pay 

15 from the proceeds of the action to any administrative ben16 eficiary, as defined in section 3729(b), all amounts that 

17 the Government has collected in the action for financial 

18 losses suffered by such administrative beneficiary. Any re19 maining proceeds collected by the Government shall be 

20 treated in the same manner as proceeds collected by the 

21 Government for direct losses the Government suffers from 

22 violations of section 3729. Nothing in section 3729 or this 

23 section precludes administrative beneficiaries from pur24 suing any alternate remedies available to them for losses 

25 or other harm suffered for them that are not pursued or 


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1 recovered in an action under this section, except that if 

2 such alternate remedy proceedings are initiated after a 

3 person has initiated an action under subsection (b), such 

4 person shall be entitled to have such alternative remedies 

5 considered in determining any award in the action under 

6 subsection (b) to the same extent that such person would 

7 be entitled under subsection (c)(5) with respect to any al8 ternate remedy pursued by the Government.’’. 

9 SEC. 4. FALSE CLAIMS PROCEDURE. 

10 (a) STATUTE OF LIMITATIONS; INTERVENTION BY

11 THE GOVERNMENT.—Subsection (b) of section 3731 of 

12 title 31, United States Code, is amended to read as fol13 lows: 

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

15 THE GOVERNMENT.— 

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

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

18 brought more than 10 years after the date on which 

19 the violation of section 3729 or 3730(h) is com20 mitted. 

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

22 to intervene and proceed with the action under sec23 tion 3730, the Government may file its own com24 plaint, or amend the complaint of a person who 

25 brought the action under section 3730(b), to clarify 


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1 or add detail to the claims in which it is intervening 

2 and to add any additional claims with respect to 

3 which the Government contends it is entitled to re4 lief. For purposes of paragraph (1), any such Gov5 ernment pleading shall relate back to the filing date 

6 of the complaint of the person who originally 

7 brought the action to the extent that the Govern8 ment’s claim arises out of the conduct, transactions, 

9 or occurrences set forth, or attempted to be set 

10 forth, in the person’s prior complaint.’’. 

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

12 31, United States Code, is amended— 

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

14 STANDARD OF PROOF.—In’’; and 

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

16 ‘‘plaintiff’’. 

17 (c) NOTICE OF CLAIMS; VOID CONTRACTS, AGREE18 MENTS, AND CONDITIONS OF EMPLOYMENT.—Section 

19 3731 of title 31, United States Code, is amended by add20 ing at the end the following new subsections: 

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

22 brought under section 3730(b), a person shall not be re23 quired to identify specific claims that result from an al24 leged course of misconduct if the facts alleged in the com25 plaint, if ultimately proven true, would provide a reasonVerDate Aug 31 2005 03:24 Dec 22, 2007 Jkt 069200 PO 00000 Frm 00016 Fmt 6652 Sfmt 6201 E:\BILLS\H4854.IH H4854

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1 able indication that one or more violations of section 3729 

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

3 pleading provide adequate notice of the specific nature of 

4 the alleged misconduct to permit the Government effec5 tively to investigate and defendants fairly to defend the 

6 allegations made. 

7 ‘‘(f) VOID CONTRACT, AGREEMENTS, AND CONDI8 TIONS OF EMPLOYMENT.— 

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

10 agreement, or private term or condition of employ11 ment that has the purpose or effect of limiting or 

12 circumventing the rights of a person to take other13 wise lawful steps to initiate, prosecute, or support an 

14 action under section 3730, or to limit or circumvent 

15 the rights or remedies provided to persons bringing 

16 actions under section 3730(b) and other cooperating 

17 persons under section 3729 shall be void to the full 

18 extent of such purpose or effect. 

19 ‘‘(2) EXCEPTION.—Paragraph (1) shall not pre20 clude a contract or private agreement that is entered 

21 into— 

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

23 bringing an action under section 3730(b) who 

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1 ment specifically to settle claims of the United 

2 States and the person under section 3730; or 

3 ‘‘(B) specifically to settle any discrimina4 tion claim under section 3730(h) of a person af5 fected by such contract or agreement.’’. 

6 (d) CONFORMING AMENDMENTS.—Section 3731 of 

7 title 31, United States Code, is amended— 

8 (1) in subsection (a), by striking ‘‘(a) A sub9 pena’’ and inserting ‘‘(a) SERVICE OF SUB10 POENAS.—A subpoena’’; and 

11 (2) in subsection (d), by striking ‘‘(d) Notwith12 standing’’ and inserting ‘‘(d) ESTOPPEL.—Notwith13 standing’’. 

14 SEC. 5. FALSE CLAIMS JURISDICTION. 

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

16 amended by adding at the end the following new sub17 section: 

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

19 With respect to any State or local government that is 

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

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

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

23 Government or the person bringing the action from serv24 ing the complaint, any other pleadings, or the written dis25 closure of substantially all material evidence and informaVerDate Aug 31 2005 03:24 Dec 22, 2007 Jkt 069200 PO 00000 Frm 00018 Fmt 6652 Sfmt 6201 E:\BILLS\H4854.IH H4854

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1 tion possessed by the person bringing the action on the 

2 law enforcement authorities that are authorized under the 

3 law of that State or local government to investigate and 

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

5 SEC. 6. CIVIL INVESTIGATIVE DEMANDS. 

6 (a) CIVIL INVESTIGATIVE DEMANDS.—Section 

7 3733(a)(1) of title 31, United State Code, is amended— 

8 (1) in the matter preceding subparagraph (A), 

9 by inserting ‘‘, or a designee (for the purposes of 

10 this section),’’ after ‘‘Whenever the Attorney Gen11 eral’’; and 

12 (2) in the matter following subparagraph (D), 

13 by— 

14 (A) striking ‘‘may not delegate’’ and in15 serting ‘‘may delegate’’; and 

16 (B) adding at the end the following: ‘‘Any 

17 information obtained by the Attorney General 

18 or a designee of the Attorney General under 

19 this section may be shared with any a person 

20 bringing an action under section 3730(b) if the 

21 Attorney General or the designee determines 

22 that it is necessary as part of any false claims 

23 law investigation.’’. 

24 (b) PROCEDURES.—Section 3733(i)(3) of title 31, 

25 United States Code, is amended to read as follows: 


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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 which have not passed into the control of a 

18 court, grand jury, or agency through introduction 

19 into the 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 SEC. 7. GOVERNMENT RIGHT TO DISMISS CERTAIN AC11 TIONS. 

12 Section 3730(b) of title 31, United States Code, is 

13 amended by adding at the end the following: 

14 ‘‘(6)(A) Not later than 60 days after the date of serv15 ice under paragraph (2), the Government may move to dis16 miss from the action the person bringing the action if the 

17 person is an employee of the Federal Government and— 

18 ‘‘(i) all the necessary and specific material alle19 gations contained in such action were derived from 

20 an open and active fraud investigation by the execu21 tive branch of the Government; or 

22 ‘‘(ii) subject to subparagraph (B), the person 

23 bringing the action learned of the information that 

24 underlies the alleged violation of section 3729 that 


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1 is the basis of the action in the course of the per2 son’s employment by the United States. 

3 ‘‘(B) In the case of a person to whom subparagraph 

4 (A)(ii) applies— 

5 ‘‘(i) if the employing agency has an Inspector 

6 General and the person, before bringing the action— 

7 ‘‘(I) disclosed in writing to the Inspector 

8 General substantially all material evidence and 

9 information that relates to the alleged violation 

10 that the person possessed, and 

11 ‘‘(II) notified in writing the person’s super12 visor and the Attorney General of the disclosure 

13 under subclause (I), or 

14 ‘‘(ii) if the employing agency does not have an 

15 Inspector General and the person, before bringing 

16 the action— 

17 ‘‘(I) disclosed in writing to the Attorney 

18 General substantially all material evidence and 

19 information that relates to the alleged violation 

20 that the person possessed, and 

21 ‘‘(II) notified in writing the person’s super22 visor of the disclosure under subclause (I), 

23 the motion under subparagraph (A) may be brought only 

24 after a period of 12 months (and any extension under sub25 paragraph (C)) has elapsed since the disclosure of inforVerDate Aug 31 2005 03:24 Dec 22, 2007 Jkt 069200 PO 00000 Frm 00022 Fmt 6652 Sfmt 6201 E:\BILLS\H4854.IH H4854

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1 mation and notification under clause (i) or (ii) was made, 

2 and only if the Attorney General has filed an action under 

3 this section based on such information. 

4 ‘‘(C) Before the end of the 12-month period described 

5 under subparagraph (B), and upon notice to the person 

6 who has disclosed information and provided notice under 

7 subparagraph (B)(i) or (ii), the Attorney General may file 

8 a motion seeking an extension of that 12-month period. 

9 The court may extend that 12-month period for an addi10 tional period of not more than 12 months upon a showing 

11 by the Government that the additional period is necessary 

12 for the Government to decide whether or not to file an 

13 action under this section based on the information. Any 

14 such motion may be filed in camera and may be supported 

15 by affidavits or other submissions in camera. 

16 ‘‘(D) For purposes of subparagraph (B), a person’s 

17 supervisor is the officer or employee who— 

18 ‘‘(i) is in a position of the next highest classi19 fication to the position of such person; 

20 ‘‘(ii) has supervisory authority over such per21 son; and 

22 ‘‘(iii) such person believes is not culpable of the 

23 violation upon which the action under this sub24 section is brought by such person. 


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1 ‘‘(E) A motion to dismiss under this paragraph shall 

2 set forth documentation of the allegations, evidence, and 

3 information in support of the motion. 

4 ‘‘(F) Any person bringing an action under paragraph 

5 (1) shall be provided an opportunity to contest a motion 

6 to dismiss under this paragraph. The court may restrict 

7 access to the evidentiary materials filed in support of the 

8 motion to dismiss, as the interests of justice require. A 

9 motion to dismiss and papers filed in support or opposition 

10 of such motion may not be— 

11 ‘‘(i) made public without the prior written con12 sent of the person bringing the civil action; and 

13 ‘‘(ii) subject to discovery by the defendant. 

14 ‘‘(G) If the motion to dismiss under this paragraph 

15 is granted, the matter shall remain under seal. 

16 ‘‘(H) Not later than 6 months after the date of the 

17 enactment of this paragraph, and every 6 months there18 after, the Attorney General shall submit to the Committee 

19 on the Judiciary of the Senate and the Committee on the 

20 Judiciary of the House of Representatives a report on— 

21 ‘‘(i) the cases in which the Department of Jus22 tice has filed a motion to dismiss under this para23 graph; 

24 ‘‘(ii) the outcome of such motions; and 


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25 

•HR 4854 IH

1 ‘‘(iii) the status of the civil actions in which 

2 such motions were filed.’’. 

3 SEC. 8. EFFECTIVE DATE. 

4 The amendments made by this Act shall take effect 

5 on the date of the enactment of this Act and shall apply 

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

Æ 


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