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Federal Register / Vol. 86, No. 111 / Friday, June 11, 2021 / Rules and Regulations 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 life insurance 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 Student Loan Repayment Program 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 the Student-Loan Repayment Program would be against
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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 24. 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:

25. Amend 213.15 by revising the section heading, introductory text, and paragraphs b introductory text, b2ii and iii, and c and removing paragraph d.
The revisions 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:

2
ii If the debtor does not pay the debt 90 days after receiving the initial written demand-for-payment notice, USAID intends to refer the debt to Fiscal Service and disclose to a creditreporting agency the information authorized for disclosure by this subpart; and
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iii The debtor can request an Agency review or waiver, where applicable.
c Before submitting information to a credit-reporting bureau, USAID will provide a written statement to Fiscal Service that the Agency has taken all required actions. Additionally, Fiscal Service thereafter will update the accounts as necessary during the period it holds the account information.
213.17

Amended
26. Amend 213.17 in the first sentence by adding the words or she after the word he.

213.19

Amended
27. Amend 213.19 in the first sentence of paragraph a by removing the word penalty and adding penalties, in its place.

Subpart CAdministrative and Salary Offset 28. Revise the heading for subpart C
to read as set forth above.
29. Amend 213.20 by:
a. Revising paragraphs a1, a2ii, a3i, and b;
b. Removing paragraph c;
c. Redesignating paragraphs d through h as paragraphs c through g;
d. Revising the subject heading to newly redesignated paragraph d and revising paragraph d1; and e. In newly redesignated paragraphs f1 and f2ii, removing creditor agency and adding creditor Agency in its place.
The revisions read as follows:

213.20 Administrative offset of nonemployee debts.

a
1 The CFO collects debts by administrative offset only after USAID
has sent the debtor a written demandfor-payment notice that outlines the type and amount of the debt, the intention of the Agency to use administrative offset to collect the debt, and explaining the debtors rights under 31 U.S.C. 3716.
2
ii The opportunity for a review within USAID of the Agencys decision related to the claims; and

3
i The offset is in the nature of a recoupment;

b Interagency offset. The CFO may offset a debt owed to another Federal Department or Agency from amounts due or payable by USAID to the debtor,
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