35.2—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.
(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 gurarantee.
(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—
(ii)
For the payment of money (including money representing grants, loans, insurance or benefits) if the United States—
(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 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 § 35.7.
(g)
Defendant means any person alleged in a complaint under § 35.7 to be liable for a civil penalty or assessment under § 35.3.
(k)
Initial decision means the written decision of the ALJ required by § 35.10 or § 35.37, and includes a revised initial decision issued following a remand or a motion for reconsideration.
(l)
Investigating official means the Inspector General of the Department of State or an officer or employee of the Office of Inspector General designated by the Inspector General and 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.
(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 the term.
(p)
Representative means an attorney who is a member in good standing of the bar of any state, territory, or possession of the United States, or of the District of Columbia, or the Commonwealth of Puerto Rico.
(r)
Reviewing official means the chief Financial Officer of the Department or her or his designee who is—
(2)
Not employed in the organizational unit of the authority in which the investigating official is employed; and
(3)
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.
(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
(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.