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;
          (D) the United States Postal Service;
          (E) the National Science Foundation; and
          (F) a designated Federal entity (as such term is defined
        under section 8G(a)(2) of the Inspector General Act of 1978);

        (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.