I
103D CONGRESS
1ST SESSION
H. R. 2915
To amend chapter 37 of title 31, United States Code, relating to false
claims actions, and for other purposes.
IN THE HOUSE OF REPRESENTATIVES
AUGUST 6, 1993
Mr. BERMAN (for himself, Mr. FRANK of Massachusetts, and Mr. GLICKMAN)
introduced the following bill; which was referred to the Committee on the
Judiciary
A BILL
To amend chapter 37 of title 31, United States Code,
relating to false claims actions, and for other purposes.
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ‘‘False Claims Amend-
ments Act of 1993’’.
SEC. 2. GOVERNMENT RIGHT TO DISMISS CERTAIN AC-
TIONS.
Section 3730(b) of title 31, United States Code, is
amended by adding at the end thereof the following new
paragraph:
‘‘(6)(A) No later than 60 days after the date of
service under paragraph (2), the Government may
move to dismiss from the action the person bringing
the action if—
‘‘(i) such person first learned all the nec-
essary and specific facts underlying the mate-
rial allegations contained in the action from—
‘‘(I) a fraud investigation that the ex-
ecutive branch of the Government is ac-
tively pursuing, or
‘‘(II) a news media report or a con-
gressional hearing or report, if the execu-
tive branch of the Government, before such
person filed the complaint in the action,
commenced a fraud investigation of such
allegations on the basis of such facts, and
if the executive branch is actively pursuing
such investigation; or
‘‘(ii) such person learned of the informa-
tion that underlies the alleged violation of sec-
tion 3729 that is the basis of the action in
the course of the person’s employment by the
United States, and none of the following has oc-
curred:
‘‘(I) In a case in which the employing
agency has an inspector general, such per-
son, before bringing the action—
‘‘(aa) disclosed in writing sub-
stantially all material evidence and in-
formation that relates to the alleged
violation that the person possessed to
such inspector general; and
‘‘(bb) notified in writing the per-
son’s supervisor and the Attorney
General of the disclosure under divi-
sion (aa).
‘‘(II) In a case in which the employing
agency does not have an inspector general,
such person, before bringing the action—
‘‘(aa) disclosed in writing sub-
stantially all material evidence and in-
formation that relates to the alleged
violation that the person possessed, to
the Attorney General; and
‘‘(bb) notified in writing the per-
son’s supervisor of the disclosure
under division (aa).
‘‘(III) Twelve months (and any period
of extension as provided for under sub-
paragraph (B)) have elapsed since the dis-
closure of information and notification
under either subclause (I) or (II) were
made and the Attorney General has not
filed an action based on such information.
‘‘(B) Prior to the expiration of the 12-month
period described under subparagraph (A)(ii)(III)
and upon notice to the person who has disclosed in-
formation and provided notice under subparagraph
(A)(ii) (I) or (II), the Attorney General may file a
motion seeking an extension of such 12-month pe-
riod. Such 12-month period may be extended by a
court for not more than an additional 12-month pe-
riod upon a showing by the Government that the ad-
ditional period is necessary for the Government to
decide whether or not to file such action. Any such
motion may be filed in camera and may be sup-
ported by affidavits or other submissions in camera.
‘‘(C) For purposes of subparagraph (A), a per-
son’s supervisor is the officer or employee who—
‘‘(i) is in a position of the next highest
classification to the position of such person;
‘‘(ii) has supervisory authority over such
person; and
‘‘(iii) such person believes is not culpable
of the violation upon which the action under
this subsection is brought by such person.
‘‘(D) A motion to dismiss under this paragraph
shall set forth documentation of the allegations, evi-
dence, and information in support of the motion.
‘‘(E) Any person bringing a civil action under
paragraph (1) shall be provided an opportunity to
contest a motion to dismiss under this paragraph.
The court may restrict access to the evidentiary ma-
terials filed in support of the motion to dismiss, as
the interests of justice require. A motion to dismiss
and papers filed in support or opposition of such
motion shall not be—
‘‘(i) made public without the prior written
consent of the person bringing the civil action;
or
‘‘(ii) subject to discovery by the defendant.
‘‘(F) If the motion to dismiss under this para-
graph is granted, the matter shall remain under
seal.
‘‘(G) No later than 6 months after the date of
the enactment of this paragraph, and every 6
months thereafter, the Department of Justice shall
report to the Committee on the Judiciary of the