vermont agency natural resources ex rel stevens argued november decided may false claims act fca private person relator may bring qui tam civil action name federal government ny person inter alia knowingly presents government false fraudulent claim payment relator receives share proceeds action respondent stevens brought action petitioner state agency alleging submitted false claims environmental protection agency connection federal grant programs epa administered petitioner moved dismiss arguing state state agency person subject fca liability qui tam action federal state barred eleventh amendment district denied motion petitioner filed interlocutory appeal respondent intervened appeal support respondent stevens second circuit affirmed held private individual may bring suit federal behalf state state agency fca pp private individual standing bring suit federal behalf fca stevens meets requirements necessary establish article iii standing particular demonstrated injury fact harm concrete actual imminent conjectural hypothetical whitmore arkansas contends suing remedy injury fact suffered injury sovereignty arising violation laws proprietary injury resulting alleged fraud concrete private interest stevens outcome suit form bounty receive suit successful insufficient confer standing since interest consist obtaining compensation preventing violation legally protected right adequate basis stevens standing however found doctrine assignee claim standing assert injury fact suffered assignor fca reasonably regarded effecting partial assignment government damages claim injury fact suffices confer standing stevens conclusion confirmed long tradition qui tam actions england american colonies conclusively demonstrates actions cases controversies sort traditionally amenable resolved judicial process steel citizens better environment pp fca subject state state agency liability suit private individual behalf state agency person subject qui tam liability longstanding interpretive presumption person include sovereign applies text although hard fast rule exclusion presumption may disregarded upon affirmative showing statutory intent contrary historical context makes clear various features fca originally enacted amended far providing requisite affirmative indications term person included purposes qui tam liability indicate quite contrary conclusion buttressed ordinary rule statutory construction congress intends alter usual constitutional balance federal government must make intention unmistakably clear statute language doctrine statutes construed avoid difficult constitutional questions expresses view whether action federal qui tam relator state run afoul eleventh amendment notes serious doubt score ashwander tva pp reversed scalia delivered opinion rehnquist kennedy thomas breyer joined breyer filed concurring statement ginsburg filed opinion concurring judgment breyer joined stevens filed dissenting opinion souter joined vermont agency natural resources petitioner ex rel stevens writ certiorari appeals second circuit may justice scalia delivered opinion case presents question whether private individual may bring suit federal behalf state state agency false claims act originally enacted false claims act fca frequently used handful extant laws creating form civil action known qui amended fca imposes civil liability upon ny person inter alia knowingly presents causes presented officer employee government false fraudulent claim payment approval defendant liable treble damages civil penalty per claim ibid fca action may commenced one two ways first government may bring civil action alleged false claimant second relevant private person relator may bring qui tam civil action person government alleged false claimant name government relator initiates fca action must deliver copy complaint supporting evidence government days intervene action assumes primary responsibility prosecuting action though relator may continue participate litigation entitled hearing voluntary dismissal determination reasonableness settlement government declines intervene within period relator exclusive right conduct action government may subsequently intervene showing good cause relator receives share proceeds action generally ranging percent government intervenes depending upon relator contribution prosecution percent depending upon assessment reasonable plus attorney fees costs respondent jonathan stevens brought qui tam action district district vermont petitioner vermont agency natural resources former employer alleging submitted false claims environmental protection agency epa connection various federal grant programs administered epa specifically claimed petitioner overstated amount time spent employees federally funded projects thereby inducing government disburse grant money petitioner entitled receive declined intervene action petitioner moved dismiss arguing state state agency person subject liability fca qui tam action federal state barred eleventh amendment district denied motion unpublished order app pet cert petitioner filed interlocutory district stayed proceedings pending outcome respondent intervened appeal support respondent stevens divided panel second circuit affirmed granted certiorari ii first address jurisdictional question whether respondent stevens standing article iii constitution maintain suit see steel citizens better environment frequently explained plaintiff must meet three requirements order establish article iii standing see friends earth laidlaw environmental services toc slip first must demonstrate injury fact harm concrete actual imminent conjectural hypothetical whitmore arkansas internal quotation marks citation omitted second must establish causation fairly trace able connection alleged injury fact alleged conduct defendant simon eastern ky welfare rights organization third must demonstrate redressability substantial likelihood requested relief remedy alleged injury fact requirements together constitute irreducible constitutional minimum standing lujan defenders wildlife essential unchanging part article iii requirement key factor dividing power government courts two political branches see respondent stevens contends suing remedy injury fact suffered beyond doubt complaint asserts injury injury sovereignty arising violation laws suffices support criminal lawsuit government proprietary injury resulting alleged fraud art iii judicial power exists redress otherwise protect injury complaining party warth seldin emphasis added see also sierra club morton perhaps suffice say relator simply statutorily designated agent whose name statute provides see suit brought relator bounty simply fee receives recovery filing prosecuting successful action behalf government analysis precluded however fact statute gives relator interest lawsuit merely right retain fee recovery thus provides person may bring civil action violation section person government emphasis added gives relator right continue party action even government assumed primary responsibility prosecuting entitles relator hearing government voluntary dismissal suit prohibits government settling suit relator objection without judicial determination fair ness adequa cy reasonable ness portion recovery retained relator therefore explanation standing agency government must identified doubt course portion recovery bounty receive suit successful qui tam relator concrete private interest outcome suit lujan supra might said someone placed wager upon outcome interest unrelated injury fact insufficient give plaintiff standing see valley forge christian college americans separation church state sierra club supra interest must consist obtaining compensation preventing violation legally protected right see lujan supra qui tam relator suffered invasion indeed right seeks vindicate even fully materialize litigation completed relator suggest congress define new legal rights turn confer standing vindicate injury caused claimant see warth supra held another context however interest merely byproduct suit give rise cognizable injury fact article iii standing purposes see steel supra plaintiff achieve standing litigate substantive issue bringing suit cost bringing suit see also diamond charles holding assessment attorney fees party confer standing pursue action appeal believe however adequate basis relator suit bounty found doctrine assignee claim standing assert injury fact suffered assignor fca reasonably regarded effecting partial assignment government damages although never expressly recognized representational standing part assignees routinely entertained suits see poller columbia broadcasting system automatic radio mfg hazeltine research hubbard tod also suits subrogees described equitable assign ees simpson law suretyship see vimar seguros reaseguros sky reefer musick peeler garrett employers ins wausau conclude therefore injury fact suffices confer standing respondent stevens confirmed conclusion long tradition qui tam actions england american colonies history particularly relevant constitutional standing inquiry since said elsewhere article iii restriction judicial power cases controversies properly understood mean cases controversies sort traditionally amenable resolved judicial process steel opinion frankfurter tution established udicial power come play matters traditional concern courts westminster arose ways expert feel lawyers constituted cases qui tam actions appear originated around end century private individuals suffered injury began bringing actions royal courts crown behalf see prior lewes de holt reprinted selden society suit dual capacity device getting private claims respected royal courts generally entertained matters involving crown interests see milsom trespass henry iii edward iii part iii special writs conclusions rev starting century royal courts began extend jurisdiction suits involving wholly private wrongs qui tam action gradually fell disuse although seems remained technically available several centuries see hawkins pleas crown ed time however parliament began enacting statutes explicitly provided qui tam suits two types allowed injured parties sue vindication interests well crown see statute providing remedy wrongfully pursued admiralty hen iv ch relevant allowed informers obtain portion penalty bounty information even suffered injury see statute prohibiting sale wares close fair edw iii ch see generally common informers act geo vi ch sched listing informer statutes though informer statutes expressly gave informer cause action typically bill plaint information action debt see bill leases hospitals colleges corporations hen viii ch act avoid eliz ch act prevent people stewards jac ch obvious reasons informer statutes highly subject abuse see davies enforcement english apprenticeship particularly relating obsolete offenses see generally coke institutes laws england ed informer prosecutions obsolete statutes used vex entangle subject thus many old enactments repealed see act continuing reviving divers statutes repeal divers others jac ch statutes passed deterring penalizing vexatious informers limiting locations informer suits brought subjecting suits relatively short statutes limitation see act redress disorders common informers eliz ch act concerning informers eliz ch see generally davies supra nevertheless laws allowing qui tam suits informers continued exist england remaining ones repealed see note history development qui tam citing common informers act geo vi ch qui tam actions appear prevalent america england least period immediately framing constitution although evidence colonies allowed qui tam actions noted dying england time pass several informer statutes expressly authorizing qui tam suits see act restraining punishing privateers pirates assembly sess reprinted colonial laws new york allowing informers sue receive share fine imposed upon officers neglect duty pursue privateers pirates moreover immediately framing first congress enacted considerable number informer like english counterparts provided bounty express cause action others provided bounty think history well nigh conclusive respect question us whether qui tam actions cases controversies sort traditionally amenable resolved judicial process steel combined theoretical justification relator standing discussed earlier leaves room doubt qui tam relator fca article iii turn merits iii petitioner makes two contentions state state agency person subject qui tam liability fca eleventh amendment bars suit courts appeals disagreed order statutory eleventh amendment immunity questions addressed compare ex rel long scs business technical institute cadc statutory question first ex rel foulds texas tech eleventh amendment immunity question first questions jurisdiction course given priority since jurisdiction authority sit judgment anything else see steel supra jurisdiction power declare law ceases exist function remaining announcing fact dismissing cause ex parte mccardle wall even jurisdiction person opposed jurisdiction essential element jurisdiction district without powerless proceed adjudication ruhrgas ag marathon oil quoting employers reinsurance bryant nonetheless routinely addressed question whether eleventh amendment forbids particular statutory cause action asserted question whether statute permits cause action creates asserted clearly expressing intent see kimel florida bd regents slip seminole tribe florida cf hafer melo mt healthy city bd ed doyle two questions issue statutory question logically antecedent existence eleventh amendment question amchem products windsor also realistic possibility addressing statutory question expand power beyond limits jurisdictional restriction imposed question whether statute provides suits opposed example broader question whether statute creates private cause action whatever question whether facts alleged make false claim statute practical matter permit pronounce upon issue upon rights person beyond issues persons reached eleventh amendment inquiry anyway ultimate issue statutory inquiry whether sued statute ultimate issue eleventh amendment inquiry whether unconsenting sued statute combination logical priority virtual coincidence scope makes possible indeed appropriate decide statutory issue first therefore begin end statutory question relevant provision fca subjects liability ny person inter alia knowingly presents causes presented officer employee government false fraudulent claim payment approval must apply text longstanding interpretive presumption person include sovereign see cooper mine workers presumption particularly applicable claimed congress subjected liability subject michigan dept state police wilson omaha tribe presumption course hard fast rule exclusion cooper supra may disregarded upon affirmative showing statutory intent contrary see international primate protection league administrators tulane ed fund historical context makes clear often observed fca enacted principal goal stopping massive frauds perpetrated large private contractors civil war bornstein see also ex rel marcus hess liability provision precursor today bore indication subject penalties indeed far indicating covered even make clear private corporations since applied person military naval forces militia called actually employed service imposed criminal penalties included act mar ch stat suggest features directed natural persons cast doubt upon courts assumption extends corporations see ex rel woodard country view care center presumption regard corporations opposite one governing presumptively covered term person see text original statute less nothing overcome presumption covered although liability provision original fca undergone various changes none suggests broadening term person include congress made housekeeping change replacing phrase person military naval forces militia called actually employed service phrase person member armed force thereby incorporating term art member armed force used throughout title code congress eliminated blanket exemption members armed forces replacing phrase person member armed force current ny person several features current statutory scheme support conclusion subject qui tam liability first another section fca enables attorney general issue civil investigative demands person possessi ng information relevant false claims law investigation contains provision expressly defining person purposes section include presence definitional provision together absence provision definitional provisions contained see suggests persons purposes qui tam liability second current version fca imposes damages essentially punitive nature inconsistent state qui tam liability light presumption imposition punitive damages governmental entities see newport fact concerts although suggested damages earlier version fca remedial rather punitive see bornstein rehnquist dissenting version statute imposed double damages civil penalty per claim see ed current version contrast generally imposes treble damages civil penalty per claim see cf marcus third program fraud civil remedies act pfcra sister scheme creating administrative remedies false claims enacted fca amended contains unlike fca definition persons subject liability definition include see defining person individual partnership corporation association private organization peculiar subject treble damages civil penalties qui tam actions fca exempt relatively smaller damages provided pfcra see sum believe various features fca originally enacted amended far providing requisite affirmative indications term person included purposes qui tam liability indicate quite contrary conclusion buttressed two considerations think unnecessary discuss length first ordinary rule statutory construction congress intends alter usual constitutional balance federal government must make intention unmistakably clear language statute bass second doctrine statutes construed avoid difficult constitutional questions course express view question whether action federal qui tam relator state run afoul eleventh amendment note serious doubt score ashwander tva brandeis concurring internal quotation marks citation omitted hold private individual standing bring suit federal behalf false claims act false claims act subject state state agency liability actions judgment second circuit reversed ordered vermont agency natural resources petitioner ex rel stevens writ certiorari appeals second circuit may justice breyer concurring join opinion full also join opinion justice ginsburg vermont agency natural resources petitioner ex rel stevens writ certiorari appeals second circuit may justice ginsburg justice breyer joins concurring judgment join judgment state extent subscribe opinion agree qui tam relator properly regarded assignee portion government claim damages see ante agree vitally article iii restriction judicial power cases controversies properly understood mean cases controversies sort traditionally amenable resolved judicial process ante key matter agree history pages place qui tam suit safely within case controversy category see ante steel citizens better environment reasoned congress authorize citizen suit dismiss citizen suitor complaint without opining constitutionality congress might done opinion concurring judgment therefore agree properly turns first statutory question presented congress authorize qui tam suits concluding congress authorize suits cause engage eleventh amendment inquiry appropriately leaves issue open find false claims act clear statement subjecting qui tam suits brought private parties therefore concur resolution statutory question see ante note however clear statement rule applied private suits state applied plaintiff see sims state agency ranks person subject suit federal tax levy provision california railway ranks common carrier federal safety appliance act subject suit penalties read decision leave open question whether word person encompasses sues false claims act vermont agency natural resources petitioner ex rel stevens writ certiorari appeals second circuit may justice stevens justice souter joins dissenting congress amended false claims act fca act create new procedure known civil investigative demand allows attorney general obtain documentary evidence purpose ascertaining whether person engaged violation act including violation amendments also declare person engage violation thereby triggering civil investigative demand provision includes state political subdivision state see stat codified view statutory text makes perfectly clear congress intended term person include understanding supported legislative history amendments fully consistent construction federal statutes cases decided amendments enacted since fca amended however decided series cases cloak increasingly protective mantle sovereign immunity liability violating federal laws lens cases chosen construe statute issue case explain disagreement shall comment cases legislative history amendments statutory text fca support view congress understood included within meaning word person shall briefly explain state constitutional defenses fail even construction doctrine sovereign immunity cases decided uniformly support proposition broad language used false claims act means says although general statutory references persons normally construed apply enacting sovereign mine workers congress uses word federal statutes enforceable federal government federal agency applies state agencies well private individuals corporations thus example word person sherman act include sovereign enacted statute federal government cooper include georgia evans similarly subject regulation person within meaning shipping act california common carrier within meaning safety appliance act california latter case state california invoke canon construction sovereign presumptively intended bound statute unless act expressly declares case rejected applicability canon stating perceive reason extending exempt business carried state otherwise applicable provisions act congress scope national purpose capable obstructed state individual action language objectives plain thwarted resort rule construction whose purpose resolve doubts whose application circumstances highly artificial false claims act also scope national purpose capable violated state individual enacted civil war shortly congressional committee decried fraud peculation state officials connection procurement military supplies government contracts specifically mentioning purchases supplies illinois indiana new york ohio see pt pp although fca enacted following year appeals second circuit correctly observed difficult suppose congress considered bills leading act year later either meant exclude persons liable presentation false claims federal government forgotten results extensive investigation observation faithful broad construction act consistently endorsed cases decided hardly requires suspension disbelief majority supposes ante thus noting act passed result investigations fraudulent use federal funds civil war inferred act intended reach types fraud without qualification might result financial loss government see also rainwater seems quite clear objective congress fca broadly protect funds property government fraudulent claims false claims act used primary vehicle government recouping losses suffered fraud indeed fact congress authorized qui tam actions private individuals supplement remedies available federal government provides additional evidence intent reach types fraud cause financial loss federal government finally breadth claims fca applies confirms notion law intended cover full range fraudulent acts including perpetrated legislative history amendments discloses federal state officials understood persons within meaning statute thus section senate report describing history act committee unequivocally stated act reaches parties may submit false claims term person used broad sense include partnerships associations corporations well political subdivisions thereof pp indeed federal courts accepted jurisdiction qui tam cases brought thus indicating view included among persons may bring qui tam actions relators see ex rel woodard country view care center ex rel wisconsin dean see also ex rel hartigan palumbo supp nd cases express view federal judges thought state person cases also demonstrate considered statutory persons fact dean case filed statement explicitly stating view state proper relator seventh circuit case dismissed wisconsin qui tam claim grounds unrelated definition word person national association attorneys general adopted resolution urging congress make easier congress amended fca enacted word person issue information federal judges accepted relators hence persons considered statutory persons wanted greater freedom persons sue act taken like position see sum quite clear amendments adopted general understanding state agencies persons within meaning act ii text amendments confirms understanding significant part amendments enactment new granting authority attorney general issue civil investigative demand cid commencing civil proceeding behalf series interwoven definitions unambiguously demonstrates state person violate section authorizes attorney general issue cid conducting false claims law investigatio false claims law investigation defined investigation conducted purpose ascertaining whether person engaged violation false claims law emphasis added false claims law includes provision issue case quite plainly provisions contemplate person may engaged violation finally person defined include state political subdivision state hence cid provisions clearly state person may engaged violation false claims law including includes state political subdivision state cid provisions thus unmistakably express congress understanding state may person violate elsewhere false claims act term person includes well example act amendments uses word person twice first subsection directs attorney general investigate violations provides finds person violated violating section may bring civil action section person emphases added second subsection also uses word person though different purpose subsection word used describe plaintiffs may bring qui tam actions behalf quite clearly state person attorney general may proceed noted earlier see supra considered persons bring qui tam action relator offers nothing question understanding see ante moreover qui tam relator brings action behalf effect authorized act assignee federal government claim see ante given understanding combined fact make distinction possible defendants attorney general may bring action normal inference draw qui tam actions may brought relators category persons may sued attorney general recapitulate undisputed cid provision state person may violate state person may named defendant action brought attorney general state person may bring qui tam action behalf therefore seems natural read adjacent uses term person cover category defendants see cooper term appearing several places statutory text generally read way time appears even stronger cause construe single formulation way time called play absent powerful arguments contrary follow state may named defendant action brought assignee rather pointing powerful arguments however comes contrary conclusion basis inapplicable presumption rather strained inferences drawn three different statutory provisions principal argument relies longstanding interpretive presumption person include sovereign ante discussed earlier presumption quite heavy lifting like doctrinal origins presumption meant enacting sovereign normally thought statutory person see california michigan dept state police brennan dissenting reason presuming enacting sovereign intend authorize litigation simply apply federal statutes apply equally state agencies private entities finally affirmative showing require demonstrate word person includes ante plainly found statutory text discussed first textual argument based fact definition term person included cid provision expressly includes presence definitional provision argues together absence provision definitional provisions contained suggests persons purposes qui tam liability ante leaving aside fact definition actually cuts opposite direction see supra argument might carry weight definitional provisions included definition person simply neglected mention definitional provisions include definition person negative inference drawn taken seriously therefore prove much definition person includes also natural person partnership corporation association legal entity premise argument correct inclusion certain items person implies exclusion person absolutely one left person far reasonable assume congress simply saw need add definition person legislative history see supra definitions cid provisions demonstrate meaning term person already well understood congress likely thought unnecessary include definition also relies definition person separate similar statute program fraud civil remedies act pfcra ante definition person found law includes individual partnership corporation association private organization first worth pointing obvious although pfcra sits next false claims act code separate statutes therefore altogether clear former much bearing regardless whole argument pfcra rests entirely premise definition person include premise turn relies upon fact pfcra defines person include individual partnership corporation association private organization mention however interpreted similar definitions person included corporations partnerships associations include well even though expressly mentioned statutory definition see california georgia evans draw definitive conclusions whether subject suit pfcra mean suggest premise obvious presumes event ultimate relevant question whether text legislative history false claims act make clear use word person includes nothing piece legislation narrows meaning term finally relies fact current version fca includes treble damages remedy essentially punitive nature ante citing newport fact concerts invokes presumption imposition punitive damages governmental entities ante newport explains courts vie punitive damages governmental bodies contrary sound public policy awards burden taxpayers citizens whose benefit wrongdoer chastised rationale inapplicable taxpaying citizens whose benefit false claims act designed citizens citizens individual state might violate act true course taxpayers state violates fca ultimately bear burden paying treble damages coffers state hence state taxpayers however fca designed protect coffers national government hence federal taxpayers accordingly treble damages remedy state burden taxpayers statute designed iii constitutional issues identified opinion requires brief comment historical evidence summarized ante obviously sufficient demonstrate qui tam actions cases controversies within meaning article iii evidence together evidence private prosecutions commonplace century see steel citizens better environment nn stevens concurring judgment also sufficient resolve article ii question introduced sua sponte ante state eleventh amendment sovereign immunity defense adhere view seminole tribe florida wrongly decided see kimel florida bd regents stevens dissenting slip seminole tribe othing eleventh amendment provision constitution prevents ever seriously supposed prevent state sued attorney general retains significant control relator action see case appeals correctly affirmed district order denying petitioner motion dismiss compare new hampshire louisiana south dakota north carolina accordingly affirm judgment appeals footnotes qui tam short latin phrase qui tam pro domino rege quam pro se ipso hac parte sequitur means pursues action lord king behalf well phrase dates least time blackstone see blackstone commentaries three qui tam statutes also enacted hundred years ago remain books see providing cause action share recovery person contracting indians unlawful manner providing cause action share recovery person violating indian protection laws providing cause action share recovery person falsely marking patented articles cf providing forfeiture informer share vessels privately armed friendly nations expressly authorizing suit informer providing forfeiture informer share vessels removing undersea treasure florida coast foreign nations expressly authorizing suit informer denial motion dismiss based claim eleventh amendment immunity immediately appealable see puerto rico aqueduct sewer authority metcalf eddy second circuit exercised pendent appellate jurisdiction statutory question see swint chambers county blackstone noted regard english qui tam actions particular person right claim demand upon bounty till action brought bounty constituted inchoate imperfect degree property consummated till judgment blackstone commentaries addressing eleventh amendment issue leave open today dissent suggests asserting qui tam relator effect suing assignee post see also post precisely asserting qui tam relator effect suing partial assignee addition first congress passed one statute allowing injured parties sue damages behalf see act may ch stat allowing author proprietor sue receive half penalty violation copyright cf act mar ch stat allowing census taker sue receive half penalty failure cooperate census act july ch stat extending rhode island see act mar ch stat allowing informer sue receive half fine failure file census return act july ch stat extending rhode island act july ch stat allowing private individual sue receive half fine carriage seamen without contract illegal harboring runaway seamen act july ch stat allowing private individual sue receive half goods forfeited unlicensed trading indian tribes act mar ch stat allowing person discovers violation spirits duties officer seizes contraband spirits sue receive half penalty forfeiture along costs action debt cf act apr ch stat allowing informer conduct prosecution receive half fine criminal larceny receipt stolen goods see act july ch stat giving informer full penalty paid customs official failing post fee schedule act ch stat act july ch stat giving informer quarter penalties fines forfeitures authorized customs law act ch stat maritime law act ch stat another customs law act ch stat providing informer half penalty upon conviction violation bribery provisions act establishing treasury department act mar ch stat extending additional treasury employees act ch stat providing informer half fifth fines resulting improper trading lending agents bank cf act ch stat apportioning half penalty failing deposit ship manifest official received manifest half collector port destination suggested dictum tatutes providing reward informers specifically either authorize forbid informer institute action construed authorize sue ex rel marcus hess concluding express view question whether qui tam suits violate article ii particular appointments clause take care clause petitioner challenge qui tam mechanism either provisions validity qui tam suits provisions jurisdictional issue must resolve see steel citizens better environment ur standing jurisprudence though may sometimes impact presidential powers derives article iii article ii see also lujan defenders wildlife dissent implicitly attacks us introduc ing question sua sponte post raise question however make clear issue case dissent proceeds volunteer answer see post dissent claims lthough general statutory references persons normally construed apply enacting sovereign congress uses word federal statutes enforceable federal government federal agency applies state agencies well private individuals corporations post citation omitted dissent cites three cases support assertion none however involved statutory provision authorizing private suit state california disregarded presumption case brought state federal government statutory provision authorizing suit federal government see california found presumption overcome similar circumstances regard statute used word person rather phrase common carrier see georgia evans held presumption overcome state regarded person purposes bringing action sherman act left without redress injuries resulting practices outlawed act dissent contends reason presuming enacting sovereign intend authorize litigation simply apply federal statutes apply equally state agencies private entities post true enough american system different reason equally valid immunity federally authorized suit international law traditionally accorded foreign sovereigns see national city bank republic china sovereigns nonetheless comity respect federal system demand something mere use word person demonstrate federal intent authorize unconsented private suit event justice stevens fought lost battle michigan dept state police applied presumption federal statute person issue state see see brennan dissenting joined marshall blackmun stevens moreover justice stevens actually joined opinion wilson omaha tribe likewise applied presumption federal statute case involving state see wilson omitted dissent discussion ases decided claims uniformly support reading statute post dissent contends fca intended cover full range fraudulent acts including perpetrated post quoting rainwater sources dissent quotes however support contention far comma stand unobjectionable proposition codified fca intended cover types fraud additional proposition fca intended cover types fraudsters including criminal provision remains books currently codified separately amended dissent claims term person interpreting today enacted congress congress post term person remained statute unchanged since amendment merely changed modifier ny caused word person include replacement word four years earlier dissent sole basis giving change ny precise unusual consequence single sentence legislative history congress unequal task event happens sentence even describing consequence proposed revision setting forth senate committee erroneous understanding meaning statutory term enacted years earlier paragraph sentence appears discusses fca present form dissent contradicts contention intent congress rather congress controls relying heavily house committee report post citing pt pp even disposed allow meaning statute determined single committee report utterly irrelevant since prepared connection act indeed connection proposed false claims legislation repeating second circuit unsupported assertion congress must report mind year later enacted fca dissent asks us indulge even greater suspension disbelief legislative history normally requires finally irrelevant committee report provide promised support view false claims act capable violated state individual action post cited portion details single incident fraud state official state incident fraud state federal government dissent points definition person also applies definitional provision defines phrase false claims law investigation inquiry conducted false claims law investigator purpose ascertaining whether person engaged violation false claims law see post effect assuming state person purposes definitional section embrace investigations within definition false claims investigation still include investigation state since whether person however broadly defined engaged violation false claims law depends whether person subject false claims law refers us back definition person explicitly made inapplicable application achieve subject qui tam liability civil investigative demands entirely appropriate since often able provide useful evidence investigations private contractors dissent contends argument prove much since definition person includes also natural person partnership corporation association legal entity reasoning contends entities also excluded definition person post unlike entities presumptively covered term person see addition failure add suggests subject qui tam liability dissent attempts explain absence definitional provision suggesting congress simply saw need add definition person meaning term person already well understood post understanding included need include definition person dissent attempts distinguish newport basis single sentence opinion stating courts vie punitive damages governmental bodies contrary sound public policy awards burden taxpayers citizens whose benefit wrongdoer chastised newport fact concerts dissent contends newport inapplicable taxpaying citizens whose benefit statute designed citizens citizens individual state might violate statute post problem statute issue newport like fca federal law designed benefit citizens citizens individual state might violate statute better reading newport concerned imposing punitive damages taxpayers punitive damages evidently vindictive opinion sanctioned borne widows orphans aged men women strangers admitting must repair injury inflicted mayor plaintiff bound beyond amount sufficient indemnification newport supra quoting mcgary president council city lafayette rob la dissent correctly points see post treble damages may reduced double damages certain cases see exception however applies presumably cases involving defendants provide information concerning violation knowledge investigation underway see ibid dissent attempts distinguish pfcra ground separate subsequently enacted statute see post well established interpret text one statute light text surrounding statutes even subsequently enacted see fda brown williamson tobacco slip fausto moreover question pfcra designed operate tandem fca enacted virtually time fca amended scope virtually identical fca compare fca person knowingly presents causes presented officer employee government false fraudulent claim payment approval pfcra person makes presents submits causes made presented submitted claim person knows reason know false fictitious fraudulent dissent event subject suit pfcra less fca despite detailed definition person include justification dissent cites california evans addition inapposite authorize suits private parties see supra definitions person statutes issue cases detailed pfcra set forth term person included rather pfcra term person means see emphasis added although dissent concludes persons purposes commencing fca qui tam action see post need resolve question therefore leave open footnotes difference lens views sovereign immunity issues one hand actual intent congress statutes like one us today hand well illustrated congressional rejection holdings hoffman connecticut dept income maintenance nordic village cases refused find necessary unequivocal waiver sovereign immunity federal government bankruptcy code congress however thought differently enacting section congress intended make subject money judgment hoffman connecticut department income maintenance held otherwise using narrow construction find text statute unmistakenly clear intent congress waive sovereign immunity applied reasoning nordic village see cong rec congress therefore overruled decisions enacting current version thus opposite pole statute construed wilson omaha tribe held term white person include state iowa apparent adopting congress mind disputes arising indian country disputes arise involve title reads purposes section claim includes request demand whether contract otherwise money property made contractor grantee recipient government provides portion money property requested demanded government reimburse contractor grantee recipient portion money property requested demanded congress amended fca noted vidence fraud government programs procurement steady rise time federal grants state local governments totaled billion see dept commerce national data book guide sources statistical abstract ed compiling data therefore difficult believe contends congress intended cover types fraud types fraudsters ante conclusion exclude coverage large share potential fraud petitioner argues senate report statement simply inaccurate three cases report cited support interpret meaning word person false claims act brief petitioner cases stand proposition statutory term person may include local governments exactly proposition discussed see supra petitioner observation none cases cited directly point indicates senate understanding based analogy rather controlling precedent petitioner argues text fca originally enacted included persons therefore senate understanding act erroneous see also ante assuming argument sake senate incorrectly ascertained congress meant petitioner argument beside point term person interpreting today enacted congress congress see stat deleting entirely previously existing introductory clause including phrase person member armed force replacing new phrase ny person therefore even congress mistaken previous legislature meant word person clearly expressed view congress enacted word person merely word insists ante meant reference include least bit contradiction suggests ibid one congress informing general understanding statutory term enacts based perhaps erroneous understanding past congress thought term meant congress adopted suggestion attorneys general concatenation definitions expressly references incorporates answer definitions listed apply terms purposes justice ginsburg joins judgment careful point disagree reading ante says natural persons entities unlike presumed included within term person ante words supposedly independent textual argument nothing without relying entirely presumption already discussed see supra ante negative inference adds nothing indeed reliance pfcra seems contradict central premise word person include scattered intervening amendments done nothing change ante relevant meaning word person meaning adopted congress congress premise matter different congress different century separate statute course described earlier see supra believe congress understanding word person controls word enacted congress interpreting case premise congress understanding controls pfcra irrelevant also worth mentioning treble damages may reduced double damages makes requisite findings state argues essentially end run around eleventh amendment brief petitioner clear though qui tam action considered end run around amendment yet precisely form action end run around articles ii iii