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H.R. 1274 is a shameless act on the part of representative Shelley Berkley to bypass an ignorant public for the financial advantage of a legally learned few. Indeed, it is likely that an overwhelming majority of individuals outside of the legal community has never heard of the term qui tam, and this bill is a dismal effort to increase incentives for whistle blowers, and an even poorer service for the public interest. Qui tam is a Latin term that originated in British common law antiquity. For all intents and purposes of current legal matters, qui tam applies in cases where private citizens, including by not limited to whistle blowers, sue U.S. government contractors for fraud, and said citizens are allowed to keep a share of money received. H.R. 1274 seeks to reclassify these amounts as nontaxable income, an unwarranted departure from tax codes at present. In the court of law, monetary damages are considered taxable income with the exception of damages for personal injury. Accordingly, damages received by private citizens in cases of contractor fraud should not be classified any differently. Not taxing money where money ought to be taxed is gross mismanagement on the part of the government, and H.R. 1274 appears to help government defraud itself out of millions in tax revenue, especially in a time when the federal budget is in dire need of balance.

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• HR 1274 (110th)

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