31 U.S.C. § 3801 : US Code - Section 3801: Definitions

Search 31 U.S.C. § 3801 : US Code - Section 3801: Definitions

(a) For purposes of this chapter -
(1) "authority" means -
(A) an executive department;
(B) a military department;
(C) an establishment (as such term is defined in section
11(2) of the Inspector General Act of 1978) which is not an
executive department; and
(D) the United States Postal Service;
(2) "authority head" means -
(A) the head of an authority; or
(B) 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;
(3) "claim" means any request, demand, or submission -
(A) made to an authority for property, services, or money
(including money representing grants, loans, insurance, or
benefits);
(B) made to a recipient of property, services, or money from
an authority or to a party to a contract with an authority -
(i) for property or services if the United States -
(I) provided such property or services;
(II) provided any portion of the funds for the purchase
of such property or services; or
(III) will reimburse such recipient or party for the
purchase of such property or services; or
(ii) for the payment of money (including money representing
grants, loans, insurance, or benefits) if the United States -

(I) provided any portion of the money requested or
demanded; or
(II) will reimburse such recipient or party for any
portion of the money paid on such request or demand; or
(C) made to an authority which has the effect of decreasing
an obligation to pay or account for property, services, or
money,
except that such term does not include any claim made in any
return of tax imposed by the Internal Revenue Code of 1986;
(4) "investigating official" means an individual who -
(A)(i) in the case of an authority in which an Office of
Inspector General is established by the Inspector General Act
of 1978 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;
(ii) in the case of an authority in which an Office of
Inspector General is not established by the Inspector General
Act of 1978 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
(iii) 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
(B) 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;
(5) "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 -
(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
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 -
(i) is selected under chapter 33 of title 5 pursuant to the
competitive examination process applicable to administrative
law judges;
(ii) is appointed by the authority head to conduct hearings
under section 3803 of this title;
(iii) is assigned to cases in rotation so far as
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 accordance with
chapter 51 of such title and subchapter III of chapter 53 of
such title;
(vi) is not subject to performance appraisal pursuant to
chapter 43 of such title; and
(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
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 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
(C) who is -
(i) not subject to supervision by, or required to report
to, the investigating official; and
(ii) not employed in the organizational unit of the
authority in which the investigating official is employed;
and
(9) "statement" means any representation, certification,
affirmation, document, record, or accounting or bookkeeping entry
made -
(A) with respect to a claim or to obtain the approval or
payment of a claim (including relating to eligibility to make a
claim); or
(B) with respect to (including relating to eligibility for) -

(i) a contract with, or a bid or proposal for a contract
with; or
(ii) a grant, loan, or benefit from,
an authority, or any State, political subdivision of a State,
or other party, if the United States Government provides any
portion of the money or property under such contract or for
such grant, loan, or benefit, or if the Government will
reimburse such State, political subdivision, or party for any
portion of the money or property under such contract or for
such grant, loan, or benefit,
except that such term does not include any statement made in any
return of tax imposed by the Internal Revenue Code of 1986.
(b) For purposes of paragraph (3) of subsection (a) -
(1) each voucher, invoice, claim form, or other individual
request or demand for property, services, or money constitutes a
separate claim;
(2) 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
(3) 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.
(c) For purposes of paragraph (9) of subsection (a) -
(1) each written representation, certification, or affirmation
constitutes a separate statement; and
(2) 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.