Vermont Agency of Natural Resources v. United States ex rel. Stevens, 529 U.S. 765, 31 (2000)

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Cite as: 529 U. S. 765 (2000)

Stevens, J., dissenting

of the word "person," the National Association of Attorneys General adopted a resolution urging Congress to make it easier for States to be relators.6 When Congress amended the FCA in 1986—and enacted the word "person" in § 3729 at issue here—it had all of this information before it, i. e., that federal judges had accepted States as relators (and hence as "persons"); that the States considered themselves to be statutory "persons" and wanted greater freedom to be "persons" who could sue under the Act; and that the United States had taken a like position. See S. Rep. No. 99-345, at 12-13.

In sum, it is quite clear that when the 1986 amendments were adopted, there was a general understanding that States and state agencies were "persons" within the meaning of the Act.

II

The text of the 1986 amendments confirms the pre-existing understanding. The most significant part of the amendments is the enactment of a new § 3733 granting authority to the Attorney General to issue a civil investigative demand (CID) before commencing a civil proceeding on behalf of the United States. A series of interwoven definitions in § 3733 unambiguously demonstrates that a State is a "person" who can violate § 3729.

Section 3733 authorizes the Attorney General to issue a CID when she is conducting a "false claims law investigation." § 3733(a). A "false claims law investigation" is defined as an investigation conducted "for the purpose of ascertaining whether any person is or has been engaged in any violation of a false claims law." § 3733(l)(2) (emphasis added). And a "false claims law" includes § 3729—the provision at issue in this case. § 3733(l)(1)(A). Quite plainly, these provisions contemplate that any "person" may be en-6 Congress adopted the suggestion of the Attorneys General in § 3730(e)(4)(A).

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