Goto Section: 1.1925 | 1.1927 | Table of Contents
FCC 1.1926
Revised as of October 1, 2008
Goto Year:2007 |
2009
Sec. 1.1926 Scope.
(a) Coverage. This section applies to the Commission and employees as
defined by Sec. 1.1901.
(b) Applicability. This section and 5 U.S.C. 5514 apply in recovering
certain debts by offset, except where the employee consents to the recovery,
from the current pay account of that employee. Because it is an
administrative offset, debt collection procedures for salary offset which
are not specified in 5 U.S.C. 5514 and these regulations should be
consistent with the provisions of the Federal Claims Collection Standards
(31 CFR parts 900–904).
(1) Excluded debts or claims. The procedures contained in this section do
not apply to debts or claims arising under the Internal Revenue Code of
1954, as amended (26 U.S.C. 1 et seq. ), the Social Security Act (42 U.S.C.
301 et seq. ) or the tariff laws of the United States, or to any case where
collection of a debt by salary offset is explicitly provided for or
prohibited by another statute ( e.g. travel advances in 5 U.S.C. 5705 and
employee training expenses in 5 U.S.C. 4108).
(2) Section 1.1926 does not preclude an employee from requesting waiver of
an erroneous payment under 5 U.S.C. 5584, 10 U.S.C. 2774, or 32 U.S.C. 716,
or in any way questioning the amount or validity of a debt, in the manner
prescribed by the Commissioner. Similarly, this subpart does not preclude an
employee from requesting waiver of the collection of a debt under any other
applicable statutory authority.
(c) Time limit. Under 31 CFR 901.3(a)(4) offset may not be initiated more
than 10 years after the Government's right to collect the debt first
accrued, unless an exception applies as stated in section 901.3(a)(4).
Goto Section: 1.1925 | 1.1927
Goto Year: 2007 |
2009
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