False Claims Act Correction Act of 2007

A bill to amend the False Claims Act.

9/12/2007--Introduced.
False Claims Act Correction Act of 2007 - Amends the False Claims Act to make any person who knowingly presents a false or fraudulent claim for government money or property for payment or approval liable for a civil penalty. (Repeals the requirement that false claims be presented to a government employee.)
Allows the government, under specified circumstances, to move to dismiss from such an action by a private person a qui tam relator who is a federal employee.
Declares that:
(1) no claim for a violation may be waived or released by any action of any person, except insofar as such action is part of a court approved settlement of a false claim civil action; and
(2) nothing in this Act shall be construed to limit the ability of the United States to decline to pursue any claim.
Authorizes a court, upon the motion of the Attorney General, to dismiss an action or claim if the allegations relating to all essential elements of liability of the action or claim are based exclusively on the public disclosure of allegations or transactions in specified federal hearings or reports or from the news media. Repeals a provision giving a court jurisdiction over an action when it is brought by a person who is an original source of the information.
Revises provisions concerning qui tam awards to allow the court to reduce the action's proceeds a person would otherwise receive if the court finds that such person derived the knowledge of the claims in the action primarily from specific information relating to allegations or transactions (other than information provided by the person bringing the action) that the government publicly disclosed or that the government disclosed privately to the person bringing the action in the course of its investigation into potential violations.
Authorizes relief for government employees, contractors, or agents from retaliatory actions taken against them because of lawful acts done by them in furtherance of efforts to stop violations of such Act.


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Sponsor

• Sen. Charles Grassley [R, IA]
• and 4 Co-Sponsors
  • Sen. Richard Durbin [D, IL]
  • Sen. Patrick Leahy [D, VT]
  • Sen. Arlen Specter [D, PA]
  • Sen. Sheldon Whitehouse [D, RI]
  close

Committees

• Senate Judiciary

Amendments

This bill has no amendments.

Amendments to S.2041

Number	Status	Purpose

Bill Status

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Introduced		Voted on by Senate		Voted on by House		Considered By President		Bill Becomes Law
September 12, 2007

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All Bill Actions

• Sep 25, 2008: By Senator Leahy from Committee on the Judiciary filed written report. Report No. 110-507.
• Added to calendar on Jul 29, 2008: Placed on Senate Legislative Calendar under General Orders. Calendar No. 910..
• Jul 29, 2008: Committee on the Judiciary. Reported by Senator Leahy with an amendment in the nature of a substitute. Without written report.
• Added to calendar on Apr 03, 2008: Committee on the Judiciary. Ordered to be reported with an amendment in the nature of a substitute favorably..
• Apr 03, 2008: Committee on the Judiciary. Ordered to be reported with an amendment in the nature of a substitute favorably.
• Apr 03, 2008: Committee on the Judiciary. Date of scheduled consideration. SD-226. 10:00 a.m.
• Mar 06, 2008: Committee on the Judiciary. Date of scheduled consideration. SD-226. 10:00 a.m.
• Feb 27, 2008: Committee on the Judiciary. Hearings held. Hearings printed: S.Hrg. 110-412.
• Feb 27, 2008: Committee on the Judiciary. Hearings held.
• Introduced on Sep 12, 2007.
• Sep 12, 2007: Sponsor introductory remarks on measure. (CR S11506-11507)
• Sep 12, 2007: Read twice and referred to the Committee on the Judiciary.

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Related Bills:

• H.R.4854

Related Issue Areas:

• Law
• Actions and defenses
• Claims
• Communications
• 14 more
• Congress
• Congressional hearings
• Congressional investigations
• Federal employees
• Fraud
• Government employees
• Government information
• Government liability
• Jurisdiction
• Limitation of actions
• Public meetings
• Qui tam actions
• Reporters and reporting
• Whistle blowing

Data from the Congressional Research Service

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In the News

March 19, 2008 Judiciary committee, DOJ debate proposed FCA amendments

Among other things, S. 2041 would amend the FCA by weakening the public disclosure bar, prohibiting waivers of FCA liability, and expanding the Act's scope ...

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Source: CCH

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March 03, 2008 Article by John Boese

S. 2041, § 3 (emphasis added). The other ground for the DOJ to seek dismissal is if the relator failed to first notify his agency’s Inspector General, ...

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Blog Coverage

December 15, 2008 CRS Reports at UNT Libraries -- The False Claims Act, the Allison ...

This report provides an overview of the FCA and the Allison Engine decision, analyzes how this decision could affect certain FCA health care claims, and discusses the proposed False Claims Correction Acts (S. 2041 and H.R. 4854), which, ...

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November 26, 2008 PointofLaw.com | PointOfLaw Forum: Trial lawyer lobbying: Let the ...

S. 2041/H.R. 4854 (False Claims Act Correction Act; to make any person who knowingly presents for payment or approval a false or fraudulent claim for government money or property liable for a civil penalty.) ...

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November 24, 2008 The False Claims Act, the Allison Engine Decision, and Possible ...

This report provides an overview of the FCA and the Allison Engine decision, analyzes how this decision could affect certain FCA health care claims, and discusses the proposed False Claims Correction Acts (S. 2041 and H.R. 4854), which, ...

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