[Code of Federal Regulations]

[Title 39, Volume 1]

[Revised as of July 1, 2006]

From the U.S. Government Printing Office via GPO Access

[CITE: 39CFR273.2]



[Page 135-136]

 

                        TITLE 39--POSTAL SERVICE

 

                 CHAPTER I--UNITED STATES POSTAL SERVICE

 

PART 273_ADMINISTRATION OF PROGRAM FRAUD CIVIL REMEDIES ACT--Table of 

Contents

 

Sec.  273.2  Definitions.



    (a) Claim means any request, demand, or submission:

    (1) Made to the Postal Service for property, services, or money 

(including money representing grants, loans, insurance, or benefits); or

    (2) Made to a recipient of property, services, or money from the 

Postal Service or to a party to a contract with the Postal Service:

    (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 Postal Service which has the effect of decreasing an 

obligation to pay or account for property, services, or money.

    (b) Complaint refers to the administrative Complaint served by the 

Reviewing Official on a Respondent pursuant to Sec.  273.8.

    (c) Investigating Official refers to the Inspector General of the 

Postal Service or any designee within the United States Office of the 

Inspector General who serves 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.

    (d) Judicial Officer refers to the Judicial Officer or Acting 

Judicial Officer of the United States Postal Service or for purposes 

other than specified in Sec.  962.21 of this title any designee within 

the Judicial Officer Department.

    (e) Knows or has reason to know, for purposes of establishing 

liability under 31 U.S.C. 3802, means that, with respect to a claim or 

statement, although no proof of specific intent to defraud is required, 

a person:



[[Page 136]]



    (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.

    (f) Person refers to any individual, partnership, corporation, 

association, or private organization.

    (g) Postmaster General refers to the Postmaster General of the 

United States or his designee.

    (h) Presiding Officer refers to an Administrative Law Judge 

designated by the Judicial Officer to conduct a hearing authorized by 31 

U.S.C. 3803 in accordance with Part 962 of this title.

    (i) Respondent refers to any person alleged to be liable for civil 

penalty or assessment under 31 U.S.C. 3802.

    (j) Reviewing Official refers to the General Counsel of the Postal 

Service or any designee within the Law Department who serves 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.

    (k) 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 Postal Service, 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 12901, Apr. 20, 1987, as amended at 56 FR 55825, Oct. 30, 1991; 

67 FR 16024, Apr. 4, 2002]