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Code · BILL · 115th Congress · S. 3357 (Introduced in Senate) — To improve the anti-corruption and public integrity laws, and for other purposes. · Sec. 310

Sec. 310. Actions by private persons

430 words·~2 min read·/bill/115/s/3357/is/section-310

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

In this section, the terms agency and rule have the meanings given those terms in section 551 of title 5, United States Code. A person may bring a civil action for the person and for the United States Government, in the name of the Government, against any person, including the United States Government and any other governmental instrumentality or agency to the extent permitted by the Eleventh Amendment to the Constitution of the United States, for— a violation of a final rule issued by an agency; or the failure of the head of an agency to comply with any requirement under this Act.
A copy of the complaint and written disclosure of substantially all material evidence and information the person possesses shall be served on the Government pursuant to rule 4(d)(4) of the Federal Rules of Civil Procedure. The Government may elect to intervene and proceed with the action within 60 days after it receives both the complaint and the material evidence and information. Before the expiration of the 60-day period under paragraph (2), the Government shall— proceed with the action, in which case the action shall be conducted by the Government; or notify the court that it declines to proceed with the action, in which case the person bringing the action shall have the right to conduct the action.
If the Government proceeds with an action brought by a person under this subsection, the person shall receive at least 15 percent but not more than 25 percent of the proceeds of the action or settlement of the claim, depending upon the extent to which the person substantially contributed to the prosecution of the action. Any payment to a person under this subparagraph shall be made from the proceeds. The person shall also receive an amount for reasonable expenses that the court finds to have been necessarily incurred, plus reasonable attorney's fees and costs.
The expenses, fees, and costs shall be awarded against the defendant. If the Government does not proceed with an action under this subsection, the person bringing the action or settling the claim shall receive an amount which the court decides is reasonable for collecting the civil penalty and damages. The amount shall be not less than 25 percent and not more than 30 percent of the proceeds of the action or settlement and shall be paid out of the proceeds. The person shall also receive an amount for reasonable expenses that the court finds to have been necessarily incurred, plus reasonable attorney's fees and costs.
The expenses, fees, and costs shall be awarded against the defendant.
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