S. 2041 would amend the False Claims Act.
Detailed Summary
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.
Status of the Legislation
Latest Major Action: 7/29/2008: Placed on Senate Legislative Calendar under General Orders. Calendar No. 910.
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