Goto Section: 1.1870 | 1.1902 | Table of Contents
FCC 1.1901
Revised as of October 1, 2007
Goto Year:2006 |
2008
Sec. 1.1901 Definitions and construction.
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 order 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.
Goto Section: 1.1870 | 1.1902
Goto Year: 2006 |
2008
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