[Code of Federal Regulations]
[Title 6, Volume 1]
[Revised as of January 1, 2007]
From the U.S. Government Printing Office via GPO Access
[CITE: 6CFR13.2]

[Page 53-54]
 
                       TITLE 6--HOMELAND SECURITY
 
   CHAPTER I--DEPARTMENT OF HOMELAND SECURITY, OFFICE OF THE SECRETARY
 
PART 13_PROGRAM FRAUD CIVIL REMEDIES--Table of Contents
 
Sec.  13.2  Definitions.

    The following definitions have general applicability throughout this 
part:
    (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. An ALJ will preside at any hearing convened under the 
regulations in this part.
    (b) Authority means the Department of Homeland Security.
    (c) Authority Head means the Deputy Secretary, Department of 
Homeland Security, or another officer designated by the Deputy 
Secretary.
    (d) Benefit means, in the context of a 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

[[Page 54]]

    (3) 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.  13.7.
    (g) Defendant means any Person alleged in a Complaint under Sec.  
13.7 to be liable for a civil penalty or assessment under Sec.  13.3.
    (h) Government means the Government of the United States.
    (i) Individual means a natural Person.
    (j) Initial Decision means the written decision of the ALJ required 
by Sec.  13.10 or Sec.  13.37, and includes a revised Initial Decision 
issued following a remand or a motion for reconsideration.
    (k) Investigating Official means the Inspector General of the 
Department of Homeland Security or an officer or employee of the Office 
of the Inspector General designated by the Inspector General and 
eligible under 31 U.S.C. 3801(a)(4)(B).
    (l) 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.
    (m) Makes includes presents, submits, and causes to be made, 
presented, or submitted. As the context requires, Making or Made will 
likewise include the corresponding forms of such terms.
    (n) Person means any Individual, partnership, corporation, 
association, or private organization, and includes the plural of that 
term.
    (o) Representative means an attorney who is a member in good 
standing of the bar of any State, Territory, or possession of the United 
States, the District of Columbia, or the Commonwealth of Puerto Rico. 
This definition is not intended to foreclose pro se appearances. That 
is, an Individual may appear for himself or herself, and a corporation 
or other entity may appear by an owner, officer, or employee of the 
corporation or entity.
    (p) Reviewing Official means the General Counsel of the Department 
of Homeland Security, or other officer or employee of the Department who 
is designated by the General Counsel and eligible under 31 U.S.C. 
3801(a)(8).
    (q) 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 bid or proposal for a contract with 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; 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.