Je veux savoir à propos de…

11906

Federal Register / Vol. 86, No. 38 / Monday, March 1, 2021 / Proposed Rules
a major increase in costs or prices; or significant adverse effects on competition, employment, investment, productivity, innovation, or on the ability of U.S.-based companies to compete with foreign-based companies in domestic and import markets.
Unfunded Mandates Reform Act This proposed rule will not result in the expenditure by State, local, and tribal governments, in the aggregate, or by the private sector, of $100 million or more in any year, and it will not significantly or uniquely affect small governments. Therefore, USAID has deemed no actions were necessary under the provisions of the Unfunded Mandates Reform Act of 1995 2 U.S.C.
1531 et seq..
Executive Order 13132
This rule will not have a substantial direct effect on the States, on the relationship between the National Government and the States, or on the distribution of power and responsibilities among the various levels of government. In accordance with E.O. 13132, USAID has determined that this rule does not have sufficient federalism implications to warrant the preparation of a Federalism Summary Impact Statement.
Executive Order 12988
In accordance with E.O. 12988, the Office of the General Counsel at USAID
has determined that this rule does not unduly burden the judicial system and meets the requirements of Sections 3a and 3b2 of the Executive order.
Executive Order 13175
USAID has determined that this rule would not have substantial direct effects on one or more Indian Tribes, the relationship between the Federal Government and Indian Tribes, or the distribution of power and responsibilities between the Federal Government and Indian Tribes E.O.
13175.
Paperwork Reduction Act This rule does not contain information-collection requirements, and therefore a submission to OMB
under the Paperwork Reduction Act of 1995 44 U.S.C. 3501 et seq. is not required.
List of Subjects in 22 CFR Part 213
Claims, Government employees, Income taxes, Wages.
For the reasons stated in the preamble, USAID proposes to amend part 213 of title 22 of the CFR as follows:

VerDate Sep<11>2014

17:16 Feb 26, 2021

Jkt 253001

PART 213CLAIMS COLLECTION
1. The authority citation for part 213
is revised to read as follows:

Authority: 22 U.S.C. 2381a; 31 U.S.C.
902a; 31 U.S.C. 37013719; 5 U.S.C. 5514;
31 CFR part 285; 31 CFR parts 900 through 904.

2. Revise the heading for subpart A to read as follows:

Subpart AGeneral Provisions

3. Revise 213.1 to read as follows:

213.1

Purpose and scope.

a Purpose. This part prescribes standards and procedures for the collection and disposal of claims due to the United States from the U.S. Agency for International Development USAID.
This part covers USAIDs administrative actions to collect claims/debts including administrative and salary offsets; compromise; suspension or termination of collection actions;
transfer and/or referral of claims to the U.S. Departments of the Treasury and Justice. The terms claim and debt are synonymous and interchangeable.
They refer to an amount of money, funds, or property that an appropriate USAID official has determined to be due to the United States from any person, organization, or entity except another Federal Department or Agency.
b Scope. The standards and procedures in this part are applicable to all claims and debts for which a statute, regulation, or contract does not prescribe different standards or procedures.
c Applicability. This part does not apply to USAID:
1 Claims arising out of loans for which compromise and collection authority is conferred by Section 635g2 of the Foreign Assistance Act of 1961, as amended;
2 Claims arising from investmentguaranty operations for which settlement and arbitration authority is conferred by Section 635l of the Foreign Assistance Act of 1961, as amended;
3 Claims against any foreign country or any political subdivision thereof, or any public international organization;
4 Claims where the Chief Financial Officer CFO determines that the achievement of the purposes of the Foreign Assistance Act of 1961, as amended, or any other provision of law administered by USAID require a different course of action;
5 Claims owed USAID by other Federal Departments and Agencies.
Such debts will be resolved by negotiation between the Departments/
Agencies; and
PO 00000

Frm 00002

Fmt 4702

Sfmt 4702

6 Claims that appear to be fraudulent, false, or misrepresented by a party with an interest in the claim except to the extent provided in 213.4.
4. Amend 213.2 by revising paragraphs d through o and adding paragraphs p through s to read as follows:
213.2

Definitions.

d Claim or Debt means an amount of money, funds, or property that a USAID official has determined to be due the United States from any person, organization, or entity, except another Federal Department or Agency. As used in this part, the terms debt and claim are synonymous and interchangeable.
e CFO means the Chief Financial Officer of USAID or a USAID official delegated by the CFO to act on the CFOs behalf.
f Compromise means that the creditor Agency accepts less than the full amount of an outstanding debt in full satisfaction of the entire amount of the debt.
g Creditor Agency means the Federal Department or Agency to which the debt is owed, including a debt-collection center when acting on behalf of a creditor Agency in matters pertaining to the collection of a debt.
h Debtor means an individual, organization, association, corporation, or a State or local government indebted to the United States, or a person or entity with legal responsibility for assuming the debtors obligation.
i Delinquent debt means any debt that is past due and is legally enforceable. A debt is past due if it has not been paid by the date specified in the Agencys initial written demand for payment notice or applicable agreement or instrument including a postdelinquency payment agreement unless the parties involved have made other satisfactory payment arrangements.
j Discharge of indebtedness means the release of a debtor from personal liability for a debt. Further collection action is prohibited.
k 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, which remains after the deduction of any amount required by law to be withheld other than deductions to execute garnishment orders in accordance with 5 CFR parts 581 and 582. Among the legally required deductions that must be applied first to determine disposable pay are levies pursuant to the Internal Revenue Code Title 26 of the United
E:FRFM01MRP1.SGM

01MRP1