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Federal Register / Vol. 86, No. 166 / Tuesday, August 31, 2021 / Rules and Regulations
only to help gauge the adequacy and sufficiency of the subjects covered in the Report as the Bureau works to implement the Reimbursement Program.
Specifically, the Report was intended as an industry and technology overview and explains Widelitys methodologies used to develop the initial version of the proposed Catalog and Replacement List. Comments on the Report are relevant only to the extent they inform the finalization of the Catalog and Replacement List. The final Catalog will be used by participants to estimate initial costs, and the final Replacement List will serve as a suggested guide to participants replacing equipment and services.
Accordingly, the Bureau finds it unnecessary to require further revisions to the Widelity Report.
III. Procedural Matters E. Paperwork Reduction Act 107. This document does not contain new or modified information collection requirements subject to the Paperwork Reduction Act of 1995 PRA, Public Law 10413. Therefore, it does not contain any new or modified information collection burden for small business concerns with fewer than 25
employees, pursuant to the Small Business Paperwork Relief Act of 2002, Public Law 107198. The Commission has submitted the information collection requirements contained in the 2020 Supply Chain Order, including FCC Form 5460, to the Office of Management and Budget OMB for review under Section 3507d of the PRA. OMB, the general public, and other Federal agencies will be invited to comment on those requirements.

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F. Congressional Review Act 108. The Commission has determined, and the Administrator of the Office of Information and Regulatory Affairs, OMB, concurs, that these requirements are non-major under the Congressional Review Act, 5 U.S.C. 8042. The Bureau will send a copy of this document to Congress and the Government Accountability Office pursuant to 5
U.S.C. 801a1A.
109. Legal Authority. The Bureau establishes procedures for the Reimbursement Program pursuant to the authority contained in section 4 of the Secure Networks Act, as amended, 47
U.S.C. 1603, and 1.50004p of the Commissions rules, 47 CFR 1.50004p.
110. Treasury Offset. The U.S.
Department of the Treasury Treasury has a number of collection tools, including the Treasury Offset Program TOP, whereby it collects delinquent
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debts owed to Federal agencies and states by individuals and entities, by offsetting those debts against Federal monies owed to the debtors. As noted in the Reimbursement Process PN, TOP
will apply to disbursements from the Reimbursement Program.
Reimbursement Program participants owing past-due debt to a Federal agency or a state may have all or part of their disbursement payments offset by Treasury to satisfy such debt. Prior to referral of its debt to Treasury, an entity is notified of the debt owed, including repayment instructions. If the referred debt of a Reimbursement Program participant remains outstanding at the time of a disbursement payment from the Reimbursement Program to that participant, the participant will be notified by Treasury that some or all of its payment has been offset to satisfy an outstanding Federal or state debt.
Program participants that owe past due Federal or state debts that have been referred to Treasury are encouraged to resolve such debts prior to submitting their Application Request for Funding Allocation. The Bureau lacks discretion to deviate from the requirements of the TOP.
111. RWA recognizes the Commission lacks the authority to deviate from the TOP requirements but encourages the Reimbursement Program Fund Administrator and the FCC to work through any debt collection issues with the applicant prior to funds being released so that an applicant can cure any outstanding debts in order to receive funding. The Bureau will endeavor to work with participants, to the extent practicable, on Treasury Offset debt collection issues in connection with the disbursement process. Participants are, however, encouraged to proactively identify and resolve any outstanding Federal and state debt issues before participating in the Reimbursement Program that could lead to a Treasury Offset.
112. Do Not Pay. Absent comment on the issue, the Commission adopts the proposal for the Bureau in coordination with the Commissions Office of Managing Director to conduct a thorough review of the federal Do Not Pay system database to verify an applicants eligibility for payments and awards before distributing the funding.
Pursuant to the Payment Integrity Information Act of 2019 PIIA, the Commission is required to ensure that a thorough review of available databases with relevant information on eligibility occurs to determine program or award eligibility and prevent improper payments before the release of any federal funds. The Department of
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Treasurys Do Not Pay system is designed to decrease improper payments in Federal programs such as the payment of funds to ineligible recipients, overpayment, or underpayment.
113. Under the PIIA, the Commission is required to verify the eligibility of the funding recipient in multiple databases before allocating and distributing the funding. The Reimbursement Program Fund Administrator will initially check whether an applicant is identified in the Do Not Pay system. If an applicant is ineligible for funding under the Do Not Pay system, the Reimbursement Program Fund Administrator will notify the applicant and provide an opportunity for the applicant to expeditiously resolve the matter with the Do Not Pay system. The Bureau will not allocate funding to the applicant if an applicant is ineligible for funding under the Do Not Pay system. If a check of the Do Not Pay system results in a finding that a Reimbursement Program applicant is ineligible for funding or payment, the Commission will withhold funding and/or payments as appropriate. The Program Administrator may work with the applicant to give it an opportunity to resolve its listing in the Department of the Treasurys Do Not Pay system if the applicant can produce evidence that its listing in the Do Not Pay system should be removed.
However, the applicant or program participant will be responsible for working with the relevant agency to correct its information before funding can be allocated or payment can be made by the Commission.
114. Red Light Rule. In the Reimbursement Procedures PN, the Bureau sought comment on waiving the Commissions red light rule for all funding allocations and disbursements from the Reimbursement Program. RWA
supported this proposal. Accordingly, the Bureau will waive the red light rule for the Reimbursement Program as discussed in this document.
115. The Commissions red light rule prevents parties who are delinquent on debts owed to the Commission from receiving benefits from the Commission while the debts remain unpaid. The Commission adopted the red light rule in implementation of the Federal Debt Collection Improvement Act of 1996
that sought to maximize collections of delinquent debts owed to the Government . . . The Commission has the authority to waive the red light rule for good cause shown under the Commissions rules. The Commission can waive compliance with its own regulations when particular facts
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