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 cl more...aims 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.

Sponsor

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

Committees

• Senate Judiciary

Amendments

This bill has no amendments.

Amendments to S.2041

Number	Status	Purpose

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Bill Status

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

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

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 ...

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, ...

Source: Mondaq News Alerts (subscription), UK
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Blog Coverage

May 06, 2008 Senate Committee votes for False Claims Act Amendments, S. 2041

S. 2041, has received support from leadership in both parties and has moved out of the Senate Committe. Leading the charge is: Sen. Charles Grassley (R-IA), Senator Richard Durbin D-IL), Senator Patrick Leahy (D-VT), and Senator Arlen ...

Source: Whistleblower Law Blog
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April 22, 2008 S. 2041, False Claims Act Correction Act of 2008

Cost estimate for the bill as ordered reported by the Senate Committee on the Judiciary on April 3, 2008.

Source: Recent CBO Cost Estimates
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April 05, 2008 Fca

Fca Airport The Senate Judiciary Committee is preparing to mark up proposed legislation (S. 2041) that would significantly expand provisions of the False Claims Act. The FCA allows both the government and individuals (or whistleblowers) ...

Source: Singles In Rosepark Al
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