§ 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]

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