7 CFR 1.302 - Definitions.
(a)Agency means a constituent organizational unit of the USDA.
(b)Agency Fraud Claims Officer - (AFCO) means an officer or employee of an agency who is designated by the head of that agency to receive the reports of the investigating official, evaluate evidence, and make a recommendation to the reviewing official with respect to the determination required under § 1.305 of this part.
(d)Authority means the USDA.
(e)Benefits means, except as otherwise defined in this subpart, anything of value, including but not limited to any advantage, preference, privilege, license, permit, favorable decision, ruling, status, or loan guarantee.
(f)Claim means any request, demand, or submission -
(1) Made to USDA for property, services, or money (including money representing grants, loans, insurance, or benefits);
(i) For property or services if the United States -
(A) Provided such property or services; or
(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 USDA which has the effect of decreasing an obligation to pay or account for property, services, or money.
(j)Government means the United States Government.
(l)Individual means a natural person.
(m)Investigating official means the Inspector General of USDA 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)Judicial officer means an official of USDA delegated authority by the Secretary, pursuant to the Act of April 4, 1940 ( 7 U.S.C. 450c- 450g) and Reorganization Plan No. 2 of 1953, 67 Stat. 633, as amended by Public Law No. 97-325 ( 7 U.S.C. 2201n.), to perform the adjudicating function for the Department under § 2.35 of this title, or the Secretary if he exercises the authority so delegated.
(2) No proof of specific intent to defraud is required.
(p)Makes means presents, submits, or causes to be made, presented, or submitted. As the context requires, “making” or “made” shall likewise include the corresponding forms of such terms.
(r)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. This definition is not intended to foreclose pro se appearances. 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.
(t)Reviewing official means an officer or employee of USDA -
(2) 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; and
(3) Who is -
(i) Not subject to supervision by, or required to report to, the investigating official; and
(u)Secretary means the Secretary of Agriculture.
(v)Statement means any representation, certification, affirmation, document, record, or accounting or bookkeeping entry made -
(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, USDA, 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.
(w)USDA means the U.S. Department of Agriculture.