Definitions

an executive department; a military department; an establishment (as such term is defined in section 401 of title 5) which is not an executive department; the United States Postal Service; the National Science Foundation; and a designated Federal entity (as such term is defined under section 415(a) of title 5); the head of an authority; or an official or employee of the authority designated, in regulations promulgated by the head of the authority, to act on behalf of the head of the authority; made to an authority for property, services, or money (including money representing grants, loans, insurance, or benefits); provided such property or services; provided any portion of the funds for the purchase of such property or services; or will reimburse such recipient or party for the purchase of such property or services; or provided any portion of the money requested or demanded; or will reimburse such recipient or party for any portion of the money paid on such request or demand; or made to an authority which has the effect of concealing or improperly avoiding or decreasing an obligation to pay or transmit property, services, or money to the authority, in the case of an authority in which an Office of Inspector General is established by chapter 4 of title 5 or by any other Federal law, is the Inspector General of that authority or an officer or employee of such Office designated by the Inspector General; in the case of an authority in which an Office of Inspector General is not established by chapter 4 of title 5 or by any other Federal law, is an officer or employee of the authority designated by the authority head to conduct investigations under section 3803(a)(1) of this title; or in the case of a military department, is the Inspector General of the Department of Defense or an officer or employee of the Office of Inspector General of the Department of Defense who is designated by the Inspector General; and who, if a member of the Armed Forces of the United States on active duty, is serving in grade O–7 or above or, if a civilian employee, is serving in a position for which the rate of basic pay is not less than the minimum rate of basic pay for grade GS–16 under the General Schedule; has actual knowledge that the claim or statement is false, fictitious, or fraudulent; acts in deliberate ignorance of the truth or falsity of the claim or statement; or acts in reckless disregard of the truth or falsity of the claim or statement, “person” means any individual, partnership, corporation, association, or private organization; in the case of an authority to which the provisions of subchapter II of chapter 5 of title 5 apply, an administrative law judge appointed in the authority pursuant to section 3105 of such title or detailed to the authority pursuant to section 3344 of such title; is selected under chapter 33 of title 5 pursuant to the competitive examination process applicable to administrative law judges; is appointed by the authority head to conduct hearings under section 3803 of this title; is assigned to cases in rotation so far as practicable; may not perform duties inconsistent with the duties and responsibilities of a presiding officer; is entitled to pay prescribed by the Office of Personnel Management independently of ratings and recommendations made by the authority and in accordance with chapter 51 of such title and subchapter III of chapter 53 of such title; is not subject to performance appraisal pursuant to chapter 43 of such title; and may be removed, suspended, furloughed, or reduced in grade or pay only for good cause established and determined by the Merit Systems Protection Board on the record after opportunity for hearing by such Board; or a member of the board of contract appeals pursuant to section 7105 of title 41, if the authority does not employ an available presiding officer under subparagraph (A); who is designated by the authority head to make the determination required under section 3803(a)(2) of this title; who, if a member of the Armed Forces of the United States on active duty, is serving in grade O–7 or above or, if a civilian employee, is serving in a position for which the rate of basic pay is not less than the minimum rate of basic pay for grade GS–16 under the General Schedule; and not subject to supervision by, or required to report to, the investigating official; and not employed in the organizational unit of the authority in which the investigating official is employed; with respect to a claim or to obtain the approval or payment of a claim (including relating to eligibility to make a claim); or a contract with, or a bid or proposal for a contract with; or a grant, loan, or benefit from, “material” has the meaning given the term in section 3729(b) of this title; and “obligation” has the meaning given the term in section 3729(b) of this title. each voucher, invoice, claim form, or other individual request or demand for property, services, or money constitutes a separate claim; each claim for property, services, or money is subject to this chapter regardless of whether such property, services, or money is actually delivered or paid; and a claim shall be considered made, presented, or submitted to an authority, recipient, or party when such claim is actually made to an agent, fiscal intermediary, or other entity, including any State or political subdivision thereof, acting for or on behalf of such authority, recipient, or party. each written representation, certification, or affirmation constitutes a separate statement; and a statement shall be considered made, presented, or submitted to an authority when such statement is actually made to an agent, fiscal intermediary, or other entity, including any State or political subdivision thereof, acting for or on behalf of such authority. For purposes of subsection (a)(10), materiality shall be determined in the same manner as under section 3729 of this title. promulgate regulations and procedures to carry out this Act [probably should be “this section”, which amended this section, sections 3802, 3803, 3806, and 3808 of this title, section 405 of Title 5, Government Organization and Employees, and section 7105 of Title 41, Public Contracts, and enacted and amended provisions set out as notes under this section] and the amendments made by this Act; and review and update existing regulations and procedures of the authority to ensure compliance with this Act and the amendments made by this Act.” false, fictitious, and fraudulent claims and statements in Government programs are a serious problem; false, fictitious, and fraudulent claims and statements in Government programs result in the loss of millions of dollars annually by allowing persons to receive Federal funds to which they are not entitled; false, fictitious, and fraudulent claims and statements in Government programs undermine the integrity of such programs by allowing ineligible persons to participate in such programs; and present civil and criminal remedies for such claims and statements are not sufficiently responsive. to provide Federal agencies which are the victims of false, fictitious, and fraudulent claims and statements with an administrative remedy to recompense such agencies for losses resulting from such claims and statements, to permit administrative proceedings to be brought against persons who make, present, or submit such claims and statements, and to deter the making, presenting, and submitting of such claims and statements in the future; and to provide due process protections to all persons who are subject to the administrative adjudication of false, fictitious, or fraudulent claims or statements.” For purposes of this chapter— “authority” means— “authority head” means— “claim” means any request, demand, or submission— made to a recipient of property, services, or money from an authority or to a party to a contract with an authority— for property or services if the United States— for the payment of money (including money representing grants, loans, insurance, or benefits) if the United States— “investigating official” means an individual who— “knows or has reason to know”, for purposes of establishing liability under section 3802, means that a person, with respect to a claim or statement— “presiding officer” means— in the case of an authority to which the provisions of such subchapter do not apply, an officer or employee of the authority who— “reviewing official” means any officer or employee of an authority— who is— “statement” means any representation, certification, affirmation, document, record, or accounting or bookkeeping entry made— with respect to (including relating to eligibility for)— For purposes of paragraph (3) of subsection (a)— For purposes of paragraph (9) of subsection (a)— The Congress finds that— The purposes of this subtitle [see Short Title note above] are— (Source: (Added Pub. L. 99–509, title VI, § 6103(a), Oct. 21, 1986, 100 Stat. 1934; amended Pub. L. 99–514, § 2, Oct. 22, 1986, 100 Stat. 2095; Pub. L. 103–272, § 4(f)(1)(Q), July 5, 1994, 108 Stat. 1362; Pub. L. 110–69, title VII, § 7017, Aug. 9, 2007, 121 Stat. 684; Pub. L. 110–409, § 10, Oct. 14, 2008, 122 Stat. 4314; Pub. L. 117–286, § 4(b)(56), Dec. 27, 2022, 136 Stat. 4349; Pub. L. 118–159, div. E, title LII, § 5203(b)(1), (g)(1)(A), (i), Dec. 23, 2024, 138 Stat. 2440, 2442, 2443.))