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Federal Register / Vol. 86, No. 38 / Monday, March 1, 2021 / Proposed Rules States Code and deductions described in 5 CFR 581.105b through f. These deductions include, but are not limited to, Social Security withholdings;
Federal, State, and local tax withholdings; health-insurance premiums; retirement contributions;
and life-insurance premiums.
l Employee means a current U.S.
Direct-Hire employee of the Federal Government, including a current member of the Armed Forces or a Reserve of the Armed Forces.
m Employee salary offset means the administrative collection of a debt by deductions at one or more officially established pay intervals from the current pay account of an employee without the employees consent.
n Person means an individual, firm, partnership, corporation, association, and, except for purposes of administrative offsets under subpart C
of this part and interest, penalties, and administrative costs under subpart B of this part, includes State and local governments and Indian tribes and components of tribal governments.
o Recoupment is a special method for adjusting debts that arise under the same transaction or occurrence. For example, obligations that arise under the same contract generally are subject to recoupment.
p Suspension means the temporary cessation of active debt collection pending the occurrence of an anticipated event.
q Termination means the cessation of all active debt-collection action for the foreseeable future.
r Waiver means the decision to forgo the collection of a debt owed to the United States, as provided for by a specific statute and according to the standards set out under that statute.
s Withholding order means any order for the withholding or garnishment of pay issued by USAID or a judicial or administrative body. For the purposes of this part, wagegarnishment order and garnishment order have the same meaning as withholding order.
213.3

resolution of audit findings under grants or contracts; or appeal provisions under grants or contracts.

213.5 Redesignated as 213.4 and Amended
7. Redesignate 213.5 as 213.4 and revise newly redesignated 213.4 to read as follows:

213.4

213.6 Redesignated as 213.5 and Amended
8. Redesignate 213.6 as 213.5 and revise newly redesignated 213.5 to read as follows:

213.5 Subdivision of claims not authorized.

USAID will not subdivide a claim to avoid the $100,000 limit on the Agencys authority to compromise a claim, suspend collection action on a claim, or terminate collection action on a claim. A debtors liability that arises from a particular transaction or contract is a single claim.
Redesignated as 213.6

9. Redesignate 213.7 as 213.6.
10. Revise the heading for subpart B
to read as follows:

Subpart BCollection Actions 213.8 Redesignated as 213.7 and Amended
Removed
5. Remove 213.3.

213.4 Redesignated as 213.3 and Amended
11. Redesignate 213.8 as 213.7 and amend newly redesignated 213.7 by revising paragraph a to read as follows:

6. Redesignate 213.4 as 213.3, and amend newly redesignated 213.3 by revising paragraph a to read as follows:

213.7

213.3

Other remedies.

a This part does not supersede or require the omission or duplication of administrative proceedings required by contract, statute, or regulation e.g.,
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Collectiongeneral.

a The CFO takes action to collect all debts owed the United States that arise out of USAIDs activities, and to reduce debt delinquencies. Collection actions may include sending at least one written demand for payment notice to the debtors last-known address provided in
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the records of USAID. Other appropriate action may proceed the written demand for payment notice, including immediate referral to DOJ for litigation, when such action is necessary to protect the Federal Governments interest.

213.9 Redesignated as 213.8 and Amended
12. Redesignate 213.9 as 213.8 and amend newly redesignated 213.8 by:
a. Revising the section heading and paragraphs a introductory text, a4, 5, 7, 8, 10, and 11;
b. Adding paragraph a12; and c. Revising paragraph b.
The revisions and addition read as follows:

Fraud claims.

a The CFO will refer a claim that appears to be fraudulent, false, or misrepresented by a party that has an interest in the claim to the USAID Office of Inspector General OIG. The OIG has the responsibility for investigating or referring the matter, where appropriate, to the U.S. Department of Justice DOJ.
The OIG has the responsibility to provide the results of the investigation on a timely basis to the CFO for any further action.
b The CFO will not administratively compromise, terminate, or suspend collection action, or otherwise dispose of a claim that appears to be fraudulent, false, or misrepresented by a party that has an interest in the claim, without the approval of DOJ.

213.7

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213.8
notice.

Written demand for payment
a When an Agency official determines that a debt is owed to USAID, the Agency sends a written demand for payment notice to the debtor. Unless otherwise provided by agreement, contract, or order, the written demand for payment notice informs the debtor of:

4 Any rights available to the debtor to review the debt, or to have recovery of the debt waived by citing the available review or waiver authority, the conditions for review or waiver, and the effects of the review or waiver request on the collection of the debt;
5 The date on which debt payment is due, which will be not more than 30
days from the date the written demandfor-payment notice is mailed or handdelivered;

7 The debt is considered delinquent if it is not paid on the due date provided in the initial written demand-ofpayment notice;
8 The imposition of interest charges, penalties, and administrative costs that USAID may assess against a delinquent debt, and the date when such charges apply;

10 The Agency will refer delinquent debt unpaid at 90 days from the initial written demand for payment notice to the Bureau of the Fiscal Service Fiscal Service within the U.S. Department of the Treasury. Statute requires the referral of delinquent debt to Fiscal Service no later than 120 days from the initial written demand-for-payment notice. Fiscal Service will use means available to the Federal Government for collecting a debt, including administrative wage-garnishment, the use of collection agencies, and reporting
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