Page:United States Statutes at Large Volume 100 Part 3.djvu/128

 100 STAT. 1936

PUBLIC LAW 99-509—OCT. 21, 1986

a civilian employee, is serving in a position for which the rate of basic pay is not less than the minimum rate of basic 5 USC 5331. pay for grade GS-16 under the General Schedule; "(5) knows or has reason to know', for purposes of establishPost, p. 1937. ing liability under section 3802, means that a person, with respect to a claim or statement— "(A) has actual knowledge that the claim or statement is false, fictitious, or fraudulent; "(B) acts in deliberate ignorance of the truth or falsity of -> the claim or statement; or "(C) acts in reckless disregard of the truth or falsity of the claim or statement, and no proof of specific intent to defraud is required; "(6) 'person' means any individual, partnership, corporation, association, or private organization; "(7) 'presiding officer' means— "(A) in the case of an authority to which the provisions of 5 USC 551 et seq. 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; or "(B) in the case of an authority to which the provisions of such subchapter do not apply, an officer or employee of the authority who— 5 USC 3301 "(i) is selected under chapter 33 of title 5 pursuant to etseq., the competitive examination process applicable to administrative law judges; "(ii) is appointed by the authority head to conduct Post, p. 1939. ' hearings under section 3803 of such title; "(iii) is assigned to cases in rotation so far as t,),. practicable; -; "(iv) may not perform duties inconsistent with the duties and responsibilities of a presiding officer; "(v) is entitled to pay prescribed by the Office of Personnel Management independently of ratings and recommendations made by the authority and in accord5 USC 5101 ance with chapter 51 of such title and subchapter III of et seq•.' chapter 53 of such title; 5 USC 5331 «(yj) ig jjQ^ subject to performance appraisal pursuant 5 U ^ 4301 etseq. ' "(vii) 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; "(8) 'reviewing official' means any officer or employee of an authority— "(A) who is designated by the authority head to make the f determination required under section 3803(a)(2) of this title; "(B) who, if a member of the Armed Forces of the United States on active duty, is serving in grade 0-7 or above or, if a civilian employee, is serving in a position for which the i rate of basic pay is not less than the minimum rate of basic 5 USC 5331. '. pay for grade GS-16 under the General Schedule; and ^'(C) who is— "! * "(i) not subject to supervision by, or required to report to, the investigating official; and
 * ° chapter 43 of such title; and

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