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47 C.F.R. § 1.1901 : Telecommunication — FEDERAL COMMUNICATIONS COMMISSION — GENERAL — PRACTICE AND PROCEDURE — COLLECTION OF CLAIMS OWED THE UNITED STATES —GENERAL PROVISIONS — Definitions and construction
Text
For purposes of this subpart:
(a)
The term
administrative offset
means withholding money payable by the United States Government to, or held by the Government for, a person, organization, or entity to satisfy a debt the person, organization, or entity owes the Government.
(b)
The term
agency
or
Commission
means the Federal Communications Commission (including the Universal Service Fund, the Telecommunications Relay Service Fund, and any other reporting components of the Commission) or any other agency of the U.S. Government as defined by section 105 of title 5 U.S.C., the U.S. Postal Service, the U.S. Postal Rate Commission, a military department as defined by section 102 of title 5 U.S.C., an agency or court of the judicial branch, or an agency of the legislative branch, including the U.S. Senate and the U.S. House of Representatives.
(c)
The term
agency head
means the Chairman of the Federal Communications Commission.
(d)
The term
application
includes in addition to petitions and applications elsewhere defined in the Commission's rules, any request, as for assistance, relief, declaratory ruling, or decision, by the Commission or on delegated authority.
(e)
The terms claim and debt are deemed synonymous and interchangeable. They refer to an amount of money, funds, or property that has been determined by an agency official to be due to the United States from any person, organization, or entity, except another Federal agency. For purposes of administrative offset under
31 U.S.C. 3716
, the terms "claim" and "debt" include an amount of money, funds, or property owed by a person to a State, the District of Columbia, American Samoa, Guam, the United States Virgin Islands, the Commonwealth of the Northern Mariana Islands, or the Commonwealth of Puerto Rico. "Claim" and "debt" include amounts owed to the United States on account of extension of credit or loans made by, insured or guaranteed by the United States and all other amounts due the United States from fees, leases, rents, royalties, services, sales of real or personal property, overpayments, penalties, damages, interest, taxes, and forfeitures issued after a notice of apparent liability that have been partially paid or for which a court of competent jurisdiction has ordered payment and such order is final (except those arising under the Uniform Code of Military Justice), and other similar sources.
(f)
The term
creditor agency
means the agency to which the debt is owed.
(g)
The term
debt collection center
means an agency of a unit or subagency within an agency that has been designated by the Secretary of the Treasury to collect debt owed to the United States. The Financial Management Service (FMS), Fiscal Service, United States Treasury, is a debt collection center.
(h)
The term
demand letter
includes written letters, orders, judgments, and memoranda from the Commission or on delegated authority.
(i)
The term "
delinquent
" means a claim or debt which has not been paid by the date specified by the agency unless other satisfactory payment arrangements have been made by that date, or, at any time thereafter, the debtor has failed to satisfy an obligation under a payment agreement or instrument with the agency, or pursuant to a Commission rule. For purposes of this subpart only, an installment payment under
47 CFR 1.2110(g)
will not be considered deliquent until the expiration of all applicable grace periods and any other applicable periods under Commission rules to make the payment due. The rules set forth in this subpart in no way affect the Commission's rules, as may be amended, regarding payment for licenses (including installment, down, or final payments) or automatic cancellation of Commission licenses (see
47 CFR 1.1902(f)
).
(j)
The term
disposable pay
means that part of current basic pay, special pay, incentive pay, retired pay, retainer pay, or in the case of an employee not entitled to basic pay, other authorized pay remaining after the deduction of any amount required by law to be withheld. Agencies must exclude deductions described in
5 CFR 581.105(b) through (f)
to determine disposable pay subject to salary offset.
(k)
The term
employee
means a current employee of the Commission or of another agency, including a current member of the Armed Forces or a Reserve of the Armed Forces (Reserve).
(l)
The term
entity
includes natural persons, legal associations, applicants, licensees, and regulatees.
(m)
The term
FCCS
means the Federal Claims Collection Standards jointly issued by the Secretary of the Treasury and the Attorney General of the United States at 31 CFR parts 900 - 904.
(n)
The term
paying agency
means the agency employing the individual and authorizing the payment of his or her current pay.
(o)
The term
referral for litigation
means referral to the Department of Justice for appropriate legal proceedings except where the Commission has the statutory authority to handle the litigation itself.
(p)
The term
reporting component
means any program, account, or entity required to be included in the Agency's Financial Statements by generally accepted accounting principles for Federal Agencies.
(q)
The term
salary offset
means an administrative offset to collect a debt under 5 U.S.C. 5514 by deduction(s) at one or more officially established pay intervals from the current pay account of an employee without his or her consent.
(r)
The term
waiver
means the cancellation, remission, forgiveness, or non-recovery of a debt or fee, including, but not limited to, a debt due to the United States, by an entity or an employee to an agency and as the waiver is permitted or required by
5 U.S.C. 5584
,
10 U.S.C. 2774
, 31 U .S.C. 3711, or any other law.
(s)
Words in the plural form shall include the singular, and vice-versa, and words signifying the masculine gender shall include the feminine, and vice-versa. The terms
includes
and
including
do not exclude matters not listed but do include matters of the same general class.
47 C.F.R. §1.1901
69 FR 27848, 5/17/2004, as amended at 76 FR 70909, 11/16/2011
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