,,ii  #aagth ,,congress  #ast ,session  
,s4 #bdbh  ,,in ,,the ,,senate ,,of     
,,the ,,united ,,states  ,july #bb1     
#bjba,mr4 ,grassley 7for himself1 ,mr4  
,leahy1 ,mr4 ,kennedy1 ,mr4 ,durbin1 and
 ,mr4 ,wicker7 introduced the following 
bill2 which was read twice and referred 
to the ,committee on the ,judiciary  ,a 
,,bill  ,to amend title #ca1 ,united    
,states ,code1 to modify ,false ,claims 
,act procedures1 and for other purposes4
  #a4 ,short title ,this ,act may be    
cited as the ,false ,claims ,amendments 
,act of #bjba4  #b4 ,false claims       
procedure  7a7 ,proving materiality     
,section #cgbi of title #ca1 ,united    
,states ,code1 is amended by adding at  
the end the following3  7e7 ,proving    
materiality  7#a7 ,in general ,in an    
action under this section1 the          
,government or relator may establish    
materiality by a preponderance of the   
evidence4  7#b7 ,rebuttal ,a defendant  
may rebut an argument of materiality    
under paragraph 7#a7 by clear and       

convincing evidence4  4  7b7 ,costs     
,section #cgca of title #ca1 ,united    
,states ,code1 is amended by adding at  
the end the following3  7f7 ,if the     
,government elects not to intervene in  
an action brought under section         
#cgcj7;b71 the court shall1 upon a      
motion by the ,government1 order the    
requesting party to pay the             
,government's expenses1 including costs 
and attorneys' fees1 for responding to  
the party's discovery requests1 unless  
the party can demonstrate that the      
information sought is relevant1         
proportionate to the needs of the case1 
and not unduly burdensome on the        
,government4  4  #c4 ,rights of the     
parties to ,qui ,tam ,actions ,section  
#cgcj7;c77#b77;,a7 of title #ca1 ,united
 ,states ,code1 is amended by inserting 
before the period at the end the        
following3 1 at which the ,government   
shall have the burden of demonstrating  
reasons for dismissal1 and the qui tam  
plaintiff shall have the opportunity to 

show that the reasons are fraudulent1   
arbitrary and capricious1 or contrary to
 law4  #d4 ,post-employment             
whistleblower retaliation ,section      
#cgcj7;h77#a7 of title #ca1 ,united     
,states ,code1 is amended by inserting  
current or former after ,any4  #e4 ,,gao
 report ,not later than #ah months after
 the date of enactment of this ,act1 the
 ,comptroller ,general of the ,united   
,states shall submit a report to        
,congress on the effectiveness of the   
,false ,claims ,act 7#ca ,u4,s4,c4 #cgbi
 et seq47 during the time period        
beginning on the date of enactment of   
the ,false ,claims ,amendments ,act of  
#aihf 7,public ,law #ii-efb2 #ajj ,stat4
 #caec7 and ending on the date of       
enactment of this ,act1 which shall     
include-- 7#a7 a description of the     
benefits and challenges of enforcement  
efforts under the ,false ,claims ,act   
7#ca ,u4,s4,c4 #cgbi et seq472 and  7#b7
 information on the amounts recovered by
 the ,government under the ,false       

,claims ,act since the date of enactment
 of the ,false ,claims ,amendments ,act 
of #aihf 7,public ,law #ii-efb2 #ajj    
,stat4 #caec74  #f4 ,applicability ,the 
amendments made by sections #b1 #c1 and 
#d of this ,act shall apply to any case 
under the ,false ,claims ,act 7#ca      
,u4,s4,c4 #cgbi et seq47 that is-- 7#a7 
filed on or after the date of enactment 
of this ,act2 or  7#b7 pending on the   
date of enactment of this ,act4