§ 355.2. Definitions.
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/us/cfr/t20/s§ 355.2·A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
Authority means Railroad Retirement Board. Authority head means the three-member Railroad Retirement Board. 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
(3)Made to the authority which has the effect of concealing or improperly avoiding or decreasing an obligation to pay or transmit property, services, or money to the authority. Complaint means the written notice of allegations of liability referred to a presiding officer and served by the reviewing official on the respondent under § 355.7. Government means the U.S. Government. Investigating official means the Inspector General of the authority or an officer or employee of the Office of the Inspector General designated by the Inspector General and serving in a position for which the rate of basic pay is not less than 120 percent of the minimum rate of basic pay for grade GS-15 under the General Schedule. 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. Material has the meaning given to the term under 31 U.S.C. 3729(b) and materiality shall be determined in the same manner as under that statute. Obligation has the meaning given to the term under 31 U.S.C. 3729(b). Person means any individual, partnership, corporation, association, or private organization. Presiding officer means a member of a Board of Contract Appeals established by 41 U.S.C. 7105. Respondent means any person alleged in a complaint under § 355.7 to be liable for a civil penalty or assessment under § 355.3. Reviewing official means the General Counsel of the authority or his or her designee who is—
(1)Not subject to supervision by, or required to report to, the investigating official; and
(2)Not employed in the organizational unit of the authority in which the investigating official is employed; and
(3)Is serving in a position for which the rate of basic pay is not less than 120 percent of the minimum rate of basic pay for grade GS-15 under the General Schedule. 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 U.S. 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.
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