Quiero saber acerca de...

Federal Register / Vol. 86, No. 111 / Friday, June 11, 2021 / Rules and Regulations Agencys, respectively, wherever they appear; and c. Revising paragraph b.
The revisions read as follows:
213.23 Salary offset when USAID is not the creditor Agency.

b Requests to USAID by another Agency to offset salary. Requests for salary offset must be sent to the Office of the Chief Financial Officer, United States Agency for International Development, 1300 Pennsylvania Avenue NW, USAID Annex, Room 8.80D, Washington, DC 205234601.

Subpart DCompromise of Claims
33. Revise the heading for subpart D
to read as set forth above.
34. Revise 213.24 to read as follows:

213.24

General.

The CFO may compromise claims for money or property when the principal balance of a claim, exclusive of interest, penalties, and administrative costs, does not exceed $100,000. Where the claim exceeds $100,000, the authority to accept the compromise rests with DOJ.
The CFO may reject an offer of compromise in any amount. DOJs approval is not required if the Agency rejects a compromise offer. When the claim exceeds $100,000 and the CFO
recommends acceptance of a compromise offer, he or she will refer the claim with his or her recommendation to DOJ for approval.
The referral may be in the form of the Claims-Collection Litigation Report CCLR and will outline the basis for USAIDs recommendation. USAID refers compromise offers for claims in excess of $100,000 to the Commercial Litigation Branch of the Civil Division of the Department of Justice, Washington, DC 20530, unless otherwise provided by DOJs delegations or procedures.
35. Revise 213.25 to read as follows:

jbell on DSKJLSW7X2PROD with RULES

213.25
claims.

Standards for the compromise of
a The CFO may compromise a claim pursuant to this section if USAID cannot collect the full amount because:
1 The debtor is unable to pay the full amount of the debt within reasonable time, as verified through credit reports or other financial information;
2 The Federal Government is unable to collect the debt in full within a reasonable time by enforced collection proceedings;
3 The cost of collecting the debt does not justify the enforced collection of the full amount; or
VerDate Sep<11>2014

17:30 Jun 10, 2021

Jkt 253001

4 There is significant doubt concerning the Governments ability to prove its case in court;
b In evaluating the debtors inability to pay, the CFO may consider, among other factors, the following:
1 Age and health of the debtor;
2 Present and potential income;
3 Inheritance prospects;
4 The possibility that assets have been concealed or improperly transferred by the debtor;
5 The availability of assets or income which may be realized by enforced collection proceedings; or 6 The applicable exemptions available to the debtor under State and Federal law in determining the Federal Governments ability to enforce collection;
c The CFO may compromise a claim, or recommend acceptance of a compromise to DOJ, where there is significant doubt concerning the Federal Governments ability to prove its case in court for the full amount of the claim, either because of the legal issues involved or because of a bona fide dispute as to the facts. The amount accepted in compromise in such cases will fairly reflect the probability of prevailing on the legal issues involved, considering fully the availability of witnesses and other evidentiary data required to support the Governments claim. In determining the litigative risks involved, USAID will give proportionate weight to the likely amount of court costs and attorney fees the Government could incur if it is unsuccessful in litigation;
d The CFO may compromise a claim, or recommend acceptance of a compromise to DOJ, if the cost of collection does not justify the enforced collection of the full amount of the debt.
The amount accepted in compromise in such cases may reflect an appropriate discount for the administrative and litigative costs of collection, taking into consideration the time it will take to effect collection. Costs of collection might be a substantial factor in the settlement of small claims, but normally will not carry great weight in the settlement of large claims. In determining whether the cost of collection justifies enforced collection of the full amount, USAID may consider the positive effect that enforced collection of the claim could have on the collection of other similar claims;
e To assess the merits of a compromise offer, the CFO should obtain a current financial statement from the debtor, executed under penalty of perjury, that shows the debtors assets, liabilities, income and expense;
and
PO 00000

Frm 00059

Fmt 4700

Sfmt 4700

31145

f The CFO may compromise statutory penalties, forfeitures, or debts established as an aid to enforcement, and to compel compliance, when he or she determines that accepting the offer will serve the Agencys enforcement policy adequately, in terms of deterrence and securing compliance both present and future.
Subpart ESuspension or Termination of Collection Action 213.29

Amended
36. Amend 213.29 by removing penalty charges and adding penalties, in its place.
37. Amend 213.30 by:
a. Revising the section heading;
b. Adding the words or her after his in paragraph c; and c. Revising paragraphs d introductory text and e.
The revisions read as follows:

213.30 Standards for suspension of collection action.

d The CFO may suspend collection activities on debts of $100,000 or less during the pendency of a permissive waiver or administrative review when there is no statutory requirement and he or she determines that:

e The CFO will decline to suspend collection when he or she determines that the request for waiver or administrative review is frivolous, or that the debtor made it primarily to delay collection.
213.31

Amended
38. Amend 213.31 in the first sentence by removing the word penalty and adding penalties, in its place.
39. Amend 213.32 by revising the section heading and the introductory text to read as follows:

213.32 Standards for termination of collection action.

The CFO may terminate collection action on a debt when he or she determines that:

40. Revise 213.34 to read as follows:
213.34

Debts discharged in bankruptcy.

The CFO generally terminates collection activity on a debt discharged in bankruptcy, regardless of the amount.
USAID may continue collection activity, however, subject to the provisions of the Bankruptcy Code for any payments provided under a plan of reorganization.
The CFO will seek legal advice by the Office of the USAID General Counsel if
E:FRFM11JNR1.SGM

11JNR1