,,ii ,calendar ,no4 #aff #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  ,november
 #af1 #bjba,reported by ,mr4 ,durbin1   
with an amendment,strike out all after  
the enacting clause and insert the part 
printed in italic  ,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  #a4    
,short title ,this ,act may be cited as 
the ,false ,claims ,amendments ,act of  
#bjba4  #b4 ,false claims procedure     
,section #cgbi of title #ca1 ,united    
,states ,code1 is amended by adding at  
the end the following3  7e7 ,proving    
materiality ,in determining materiality1
 the decision of the ,government to     
forego a refund or to pay a claim       
despite actual knowledge of fraud or    

falsity shall not be considered         
dispositive if other reasons exist for  
the decision of the ,government with    
respect to such refund or payment4  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 identify a valid     
government purpose and a rational       
relation between dismissal and          
accomplishment of the purpose1 and the  
person initiating the action shall have 
the burden of demonstrating that the    
dismissal is fraudulent1 arbitrary and  
capricious1 or illegal4  #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 sections #cgbi through 
#cgcc of title #ca1 ,united ,states     
,code1 7referred to in this ,act as the 
,false ,claims ,act7 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 ,act2 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 that is filed on or after 
the date of enactment of this ,act4     
,november #af1 #bjba,reported with an   

amendment