False Claims Amendments Act of 2021

Summary

False Claims Amendments Act of 2021 This bill revises procedures under the False Claims Act (FCA), a law that rewards whistleblowers (known as relators) who bring claims on behalf of the government by allowing them to share in the recovery in cases where the government recovers funds lost to fraud. To be recoverable under the FCA, a fraud must meet, among other conditions, standards for materiality. The bill changes the evidentiary standards for proving materiality by allowing the government or relator to establish materiality by a preponderance of the evidence. A defendant may rebut an argument of materiality by clear and convincing evidence. In an action brought under the FCA, the government may elect to intervene as a party to the action. If the government elects not to intervene, this bill requires the court to order the requesting party, upon a motion by the government, to pay the government's attorney's fees and other expenses for responding to the party's discovery requests, with exceptions. The government shall have the burden of demonstrating reasons for dismissing an action over the objections of the relator. The relator must have the opportunity to show that the reasons are fraudulent, arbitrary and capricious, or contrary to law. The bill extends relief from retaliatory actions to former employees. The Government Accountability Office must report on the effectiveness of the FCA.

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Documents

6 official files

• Reported to Senate (text)

  Reported to Senate · EN · 16 November 2021

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• Reported to Senate (PDF)

  Reported to Senate · EN · 16 November 2021

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• Reported to Senate

  summary · EN · 16 November 2021

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• Introduced in Senate (text)

  Introduced in Senate · EN · 22 July 2021

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• Introduced in Senate (PDF)

  Introduced in Senate · EN · 22 July 2021

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• Introduced in Senate

  summary · EN · 22 July 2021

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