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SUSPEND Act Gets Moving

Client Alert | less than 1 min read | 11.13.13

On October 29, the House Oversight Committee passed out of committee the Stop Unworthy Spending, or SUSPEND, Act, legislation that would, effective FY2017, consolidate agency suspension and debarment offices into a single "Board of Suspension and Debarment" at GSA and unify the procurement and non-procurement suspension and debarment regulations, among other changes. The SUSPEND Act contains exceptions to allow offices of major agencies to remain in place in certain specified circumstances and for the SBA to retain its authority to suspend or debar entities for misrepresentation of small business status.


Insights

Client Alert | 2 min read | 01.16.25

AG Nominee Pam Bondi Confirms Commitment To Defending Constitutionality of False Claims Act as Qui Tam Provisions Face Scrutiny in the Courts

Yesterday, less than an hour into the first day of confirmation hearings for attorney general nominee Pam Bondi, Senator Chuck Grassley (R-IA) questioned Bondi on her commitment to defending the constitutionality of the False Claims Act (FCA) if she is confirmed.  Bondi responded that she would “of course” defend the constitutionality of the FCA and that she understands the importance of whistleblowers, the FCA’s protections, and “the money it brings back to our country.”  Senator Grassley’s questioning indicated he was focused on the FCA’s qui tam provisions, as it comes on the heels of U.S. ex rel. Zafirov v. Florida Medical Associates, Inc., -- F.Supp.3d --, 2024 WL 4349242 (M.D. Fla. Sept. 30, 2024), a first-of-its-kind decision from Judge Kathryn Kimball Mizelle, who held that the FCA’s qui tam provisions improperly appoint a relator “an officer of the United States” in violation of the Appointments Clause in Article II of the Constitution, and are therefore unconstitutional.  Senator Grassley appeared to be seeking assurances about Bondi’s willingness to ensure the Department of Justice continues to defend the FCA’s qui tam provisions and commit the resources necessary to do so....