[Code of Federal Regulations] [Title 14, Volume 5] [Revised as of January 1, 2007] From the U.S. Government Printing Office via GPO Access [CITE: 14CFR1264.101] [Page 375-376] TITLE 14--AERONAUTICS AND SPACE CHAPTER V--NATIONAL AERONAUTICS AND SPACE ADMINISTRATION PART 1264_IMPLEMENTATION OF THE PROGRAM FRAUD CIVIL PENALTIES ACT OF 1986-- Sec. 1264.101 Definitions. (a) ALJ means an Administrative Law Judge in the authority appointed pursuant to 5 U.S.C. 3105 or detailed to the authority pursuant to 5 U.S.C. 3344. For purposes of this part, the ALJ shall be referred to as the presiding officer. (b) Authority means the National Aeronautics and Space Administration (NASA). (c) Authority head means the NASA Administrator or Deputy Administrator or designee. For purposes of this regulation, the NASA General Counsel or Deputy General Counsel is designated legal counsel to the Authority head. (d) Benefit means, in the context of statement, anything of value, including but not limited to any advantage, preference, privilege, license, permit, favorable decision, ruling, status, or loan guarantee. (e) Claim means any request, demand, or submission-- (1) Made to the authority for property, services, or money (including money representing grants, loans, insurance, or benefits); (2) Made to a recipient of property, services, or money from the authority or to a party to a contract with the authority-- (i) For property or services if the United States-- (A) Provided such property or services; (B) Provided any portion of the funds for the purchase of such property or services; or (C) 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-- (A) Provided any portion of the money requested or demanded; or (B) Will reimburse such recipient or party for any portion of the money paid on such request or demand; or (iii) Made to the authority which has the effect of decreasing an obligation to pay or account for property, services, or money. (f) Complaint means the administrative complaint served by the reviewing official on the defendant under Sec. 1264.106. (g) Consent hearing means that the authority and the defendant consent, as provided in Sec. 1264.106(c), that the presiding officer be the Chairperson of the NASA Board of Contract Appeals (BCA). The Chairperson may designate another administrative judge of the NASA BCA as presiding officer in a consent hearing. (h) Defendant means any person alleged in a complaint under Sec. 1264.106 to be liable for a civil penalty or assessment under Sec. 1264.102. (i) Government means the United States Government. (j) Individual means a natural person. (k) Initial decision means the written decision of the ALJ or presiding officer required by Sec. 1264.109 or Sec. 1264.136, and includes a revised initial decision issued following a remand or a motion for reconsideration. (l) Investigating official means the NASA Inspector General, or designee who 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. (m) Knows or has reason to know, means that a person with respect to a claim or statement-- (1) Has actual knowledge that the claim or statement is false, fictitious, or fraudulent; (2) Acts in deliberate ignorance of the truth or falsity of the claim or statement; or (3) Acts in reckless disregard of the truth or falsity of the claim or statement. (n) Makes, wherever it appears, shall include the terms presents, submits, and causes to be made, presented, or submitted. As the context requires, making or made shall likewise include the corresponding forms of such terms. (o) Person means any individual, partnership, corporation, association, or private organization, and includes the plural of that term. (p) Presiding officer, except as provided for pursuant to consent trial notice, means (if the authority is not subject to the provisions of Subchapter II [[Page 376]] of Chapter 5, Title 5, U.S.C.) an officer or employee of the authority who-- (1) Is selected under Chapter 33 of Title 5 pursuant to the competitive examination process applicable to administrative law judges; (2) Is appointed by the authority head to conduct hearings under this part; (3) Is assigned to cases in rotation so far as practicable; (4) May not perform duties inconsistent with the duties and responsibilities of a presiding officer; (5) 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; (6) Is not subject to performance appraisal pursuant to Chapter 43 of such Title; and (7) 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. (q) Representative means an attorney who is in good standing of the bar of any State, Territory, or possession of the United States, or of the District of Columbia, or of the Commonwealth of Puerto Rico. (r) Reviewing official means the NASA Associate Administrator for Management. For purposes of this regulation, the Associate General Counsel (General) or designee is designated legal counsel to the Reviewing official. (s) Statement means any representation, certification, affirmation, document, record, or accounting or bookkeeping entry made-- (1) With respect to a claim or to obtain the approval or payment of a claim (including relating to eligibility to make a claim); or (2) 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 the 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. [52 FR 39498, Oct. 22, 1987, as amended at 54 FR 599, Jan. 9, 1989]