Page:United States Statutes at Large Volume 100 Part 4.djvu/227

 '"•» ^M-iT'

fe^'.i-j.

PUBLIC LAW 9 9 - 5 6 2 - O C T. 27, 1986

100 STAT. 3155

be served on the defendant until the court so orders. 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. "(3) The Government may, for good cause shown, move the court for extensions of the time during which the complaint remains under seal under paragraph (2). Any such motions may be supported by affidavits or other submissions in camera. The defendant shall not be required to respond to any complaint filed under this section until 20 days after the complaint is unsealed and served upon the defendant pursuant to Rule 4 of the Federal Rules of Civil Procedure. 28 USC app. "(4) Before the expiration of the 60-day period or any extensions obtained under paragraph (3), the Government shall— "(A) proceed with the action, in which case the action shall be conducted by the Government; or "(B) notify the court that it declines to take over the action, in which case the person bringing the action shall have the right to conduct the action. "(5) When a person brings an action under this subsection, no person other than the Government may intervene or bring a related action based on the facts underlying the pending action. "(c) RIGHTS OF THE PARTIES TO QUI TAM ACTIONS.—(1) If

the

Government proceeds with the action, it shall have the primary responsibility for prosecuting the action, and shall not be bound by an act of the person bringing the action. Such person shall have the right to continue as a party to the action, subject to the limitations set forth in paragraph (2). "(2)(A) The Government may dismiss the action notwithstanding the objections of the person initiating the action if the person has been notified by the Government of the filing of the motion and the court has provided the person with an opportunity for a hearing on the motion. "(B) The Government may settle the action with the defendant notwithstanding the objections of the person initiating the action if the court determines, after a hearing, that the proposed settlement is fair, adequate, and reasonable under all the circumstances. Upon a showing of good cause, such hearing may be held in camera. "(C) Upon a showing by the Government that unrestricted participation during the course of the litigation by the person initiating the action would interfere with or unduly delay the Government's prosecution of the case, or would be repetitious, irrelevant, or for purposes of harassment, the court may, in its discretion, impose limitations on the person's participation, such as— "(i) limiting the number of witnesses the person may call; "(ii) limiting the length of the testimony of such witnesses; "(iii) limiting the person's cross-examination of witnesses; or "(iv) otherwise limiting the participation by the person in the litigation. "(D) Upon a showing by the defendant that unrestricted participation during the course of the litigation by the person initiating the action would be for purposes of harassment or would cause the defendant undue burden or unnecessary expense, the court may limit the participation by the person in the litigation. "(3) If the Government elects not to proceed with the action, the person who initiated the action shall have the right to conduct the action. If the Government so requests, it shall be served with copies

�