; or (B) notify the court that it declines to proceed with the action, in which case the person bringing the action shall have the right to conduct the action. (4) Award to plaintiff (A) Government proceeds with action If the Government proceeds with an action brought by a person under this subsection, the person shall receive at least 15 percent but not more than 25 percent of the proceeds of the action or settlement of the claim, depending upon the extent to which the person substantially contributed to the prosecution of the action. Any payment to a person under this subparagraph shall be made from the proceeds. The person shall also receive an amount for reasonable expenses that the court finds to have been necessarily incurred, plus reasonable attorney's fees and costs. The expenses, fees, and costs shall be awarded against the defendant. (B) Government does not proceed with action If the Government does not proceed with an action under this subsection, the person bringing the action or settling the claim shall receive an amount which the court decides is reasonable for collecting the civil penalty and damages. The amount shall be not less than 25 percent and not more than 30 percent of the proceeds of the action or settlement and shall be paid out of the proceeds. The person shall also receive an amount for reasonable expenses that the court finds to have been necessarily incurred, plus reasonable attorney's fees and costs. The expenses, fees, and costs shall be awarded against the defendant. 311. Scope of review Section 706 of title 5, United States Code, is amended— (1) in the first sentence of the matter preceding paragraph (1), by striking To the extent necessary and inserting (a) In general .—To the extent necessary