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Federal Register / Vol. 86, No. 38 / Monday, March 1, 2021 / Proposed Rules employee who was on notice of an erroneous payment.
iv If the deciding official finds no indication of fraud, misrepresentation, fault, or lack of good faith on the part of the employee or any other person who has an interest in obtaining a waiver of the claim, the employee is not automatically entitled to a waiver.
Before granting a waiver, the deciding official also must determine that collection of the claim against an employee would be against equity and good conscience, or not in the best interests of the United States. Factors to consider when determining if collection of a claim against an employee would be against equity and good conscience, or not in the best interests of the United States, include, but are not limited to, the following:
A Whether collection of the claim would cause serious financial hardship to the employee from whom the Agency seeks collection;
B Whether, because of the erroneous payment, the employee either has relinquished a valuable right or changed positions for the worse, regardless of his or her financial circumstances;
C The time elapsed between the erroneous payment and the discovery of the error and notification of the employee;
D Whether failure to make restitution would result in unfair gain to the employee; and E Whether recovery of the claim would be unconscionable under the circumstances.
2 Debts that arise out of advances in pay 5 U.S.C. 5524a; situations of Authorized or Ordered Departures 5
U.S.C. 5522; or allowances and differentials for employees stationed abroad 5 U.S.C. 5922. Title 5 U.S.C.
5524a, 5522, or 5922 provide authority for waiving, in whole or in part, a debt that arises out of such an advance payment if it is shown that recovery would be against equity and good conscience, or against the public interest:
i Factors to consider when determining if recovery of an advance payment would be against equity and good conscience, or against the public interest, include, but are not limited to, the following:
A Death of the employee;
B Retirement of the employee for disability;
C Inability of the employee to return to duty because of disability supported by an acceptable medical certificate;
and D Whether failure to repay would result in unfair gain to the employee.
ii Reserved
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3 Debts that arise out of employee training expenses. Title 5 U.S.C. 4108
provides the authority for waiving, in whole or in part, a debt that arises out of employee training expenses if it is shown that recovery would be against equity and good conscience, or against the public interest:
i Factors to consider when determining if recovery of a debt that arises out of employee training expenses would be against equity and good conscience, or against the public interest, include, but are not limited to, the following:
A Death of the employee;
B Retirement of the employee for disability;
C Inability of the employee to return to duty because of disability supported by an acceptable medical certificate;
and D Whether failure to repay would result in unfair gain to the employee.
ii Reserved 4 Under-withholding of lifeinsurance premiums. Title 5 U.S.C.
8707d provides the authority for waiving the collection of unpaid deductions that result from the underwithholding of premiums under the Federal Employees Group Life Insurance Program if the individual is without fault and recovery would be against equity and good conscience, or against the public interest:
i Fault is considered to exist if, in light of the circumstances, the employee knew, or should have known through the exercise of due diligence, that an error existed, but he or she failed to take corrective action:
ii Factors to consider when determining whether the recovery of unpaid deduction that results from under-withholding would be against equity and good conscience, or against the public interest, include, but are not limited to, the following:
A Whether collection of the claim would cause serious financial hardship to the individual from whom the Agency seeks collection;
B The time elapsed between the failure to withhold properly and the discovery of the failure and notification of the individual;
C Whether failure to make restitution would result in unfair gain to the individual; and D Whether recovery of the claim would be unconscionable under the circumstances.
5 Student-Loan Repayment Program service agreements. Title 5 U.S.C. 5379
provides for waiving, in whole or in part, debt that arises from the StudentLoan Repayment Program if it is shown that recovery would be against equity
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and good conscience, or against the public interest:
i Factors to consider when determining if recovery of a debt that arises out of the Student-Loan Repayment Program would be against equity and good conscience, or against the public interest, include, but are not limited to, the following:
A Death of the employee;
B Retirement of the employee for disability;
C Inability of the employee to return to duty because of disability supported by an acceptable medical certificate;
and D Whether failure to repay would result in unfair gain to the employee.
ii Reserved b Reserved 18. Amend 213.14 by revising the introductory text to read as follows:
213.14 Contracting for collection services.

USAID has entered into a crossservicing agreement with the Bureau of the Fiscal Service Fiscal Service of the U.S. Department of the Treasury. Fiscal Service is authorized to take all appropriate action to enforce the collection of accounts referred to it in accordance with applicable statutory and regulatory requirements. Fiscal Service bases any applicable fees on the funds collected, and will collect such fees from the debtor along with the original amount of the indebtedness.
After referral, Fiscal Service will be solely responsible for the maintenance of the delinquent debtor records in its possession, and for updating the accounts as necessary. Fiscal Service may take any of the following collection actions on USAIDs behalf:

19. Amend 213.15 by revising the section heading, introductory text, and paragraphs b introductory text, b2ii and iii, and c and removing paragraph d to read as follows:
213.15

Use of credit-reporting bureaus.

USAID reports delinquent debts owed to it to appropriate credit-reporting bureaus through the cross-servicing agreement with the Bureau of the Fiscal Service Fiscal Service at the U.S.
Department of the Treasury.

b Before referring claims to Fiscal Service and disclosing debt information to credit-reporting bureaus, USAID will have done the following:

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ii If the debtor does not pay the debt 90 days after receiving the initial written demand-for-payment notice,
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