§ 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 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.

   [ 69 FR 27848 , May 17, 2004, as amended at  76 FR 70909 , Nov. 16, 2011]

   return arrow Back to Top