Amendments to the False Claims Act contained in S. 386, the Fraud Enforcement and Recovery Act of 2009 (FERA), have passed both houses of Congress and are now on their way to the President to be signed into law. Last night, the House of Representatives agreed to an amendment to S. 386, unrelated to the False Claims Act provisions, that the Senate made when it voted last week to accept several other House amendments to the bill.
As our past alerts have detailed (03.11.2009, 04.30.2009, and 05.07.2009), S. 386 includes several provisions that will substantially expand the range of conduct subject to liability under the False Claims Act and its whistleblower or qui tam litigation provisions. The President has indicated that he will sign the bill when it reaches his desk, which will likely be late this week. In addition to the FCA amendments, S. 386 authorizes additional resources for investigating and prosecuting frauds involving federal assistance programs and financial institutions.