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Federal Register / Vol. 86, No. 111 / Friday, June 11, 2021 / Rules and Regulations
or may request another Federal Department or Agency to offset a debt owed to USAID. The CFO, through USAIDs cross-servicing arrangement with the Bureau of the Fiscal Service Fiscal Service within the U.S.
Department of the Treasury, may request the Internal Revenue Service to offset an overdue debt from a Federal income-tax refund due to the debtor.
Fiscal Service may also garnish the salary of a private-sector employee when reasonable attempts to obtain payment have failed. USAID will make interagency offsets from an employees salary in accordance with the procedures contained in 213.22 and 213.23.

d Review of a decision to offset the debt. 1 USAID will not offset the debt while a debtor is seeking review of the debt under this section, or under another statute, regulation, or contract.
However, interest, penalties, and administrative costs will continue to accrue during this period, unless otherwise waived by the CFO. The CFO
may initiate offset as soon as practical after the completion of a review, or after a debtor waives the opportunity to request review.

30. Amend 213.21 by revising paragraph b to read as follows:
213.21

Employee salary offsetgeneral.

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b Scope. The provisions of this section apply to collection by salary offset under 5 U.S.C. 5514 of debts owed USAID and debts owed to other Federal Departments and Agencies by USAIDs employees. USAID will make every effort reasonably and lawfully possible to collect administratively any amounts owed by its employees prior to initiating collection by salary offset. An amount advanced to an employee for per diem or mileage allowances in accordance with 5 U.S.C. 5705, but not used for allowable travel expenses, is recoverable from the employee by salary offset without regard to the due-process provisions in 213.22. This section does not apply to debts for which another statute collection explicitly provides for, or prohibits, salary offset e.g., travel advances under 5 U.S.C. 5705 and employee-training expenses under 5
U.S.C. 4108.

31. Amend 213.22 by revising the section heading and paragraphs c4
and 9, and d, the paragraph f subject heading, and paragraphs f1, g, k1, n introductory text, and n1 and 3 to read as follows:

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213.22 Salary offset when USAID is the creditor Agency.

c
4 An explanation of the requirements concerning interest, penalties, and administrative costs;

9 That the filing of a request for hearing within 15 days of receipt of the original notification will stay the assessment of interest, penalties, and administrative costs, and the commencement of collection proceedings;

d Request for a hearing. An employee may request a hearing by filing a written, signed request 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.
The request must state the basis upon which the employee disputes the proposed collection of the debt. The employee must sign the request, and USAID must receive it within 15 days of his or her receipt of the notification of proposed deductions. The employee should submit, in writing, all facts, evidence, and witnesses that support his or her position to the CFO within 15
days of the date of the request for a hearing. The CFO will arrange for the services of a hearing official not under the control of USAID, and will provide the hearing official with all documents relating to the claim.

f Form of hearing, written response, and final decision. 1 Normally, a hearing will consist of the hearing officials making a decision based on a review of the claims file and any materials submitted by the debtor.
However, in instances in which the hearing official determines that the validity of the debt turns on an issue of veracity or credibility that the review of documentary evidence cannot resolve, the hearing official, at his or her discretion, may afford the debtor an opportunity for an oral hearing. Such an oral hearing will consist of a conference before a hearing official in which the employee and the Agency will have the opportunity to present evidence, witnesses, and argument. If desired, the employee may be represented by an individual of his or her choice. The Agency shall maintain a summary record of oral hearings provided under the procedures in this section.

g Request for waiver. In certain instances, an employee may have a
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statutory right to request a waiver of overpayment of pay or allowances e.g., 5 U.S.C. 5584 or 5 U.S.C. 5724i. When an employee requests waiver consideration under a right authorized by statute, the Agency will suspend further collection on the debt until it makes a final administrative decision on the waiver request. However, when it appears that an employees resignation, termination, or other action may prejudice the Governments ability to recover the debt, the suspension of recovery is not required. During the period of the suspension, USAID will not assess interest, penalties, charges, and administrative costs against the debt. The Agency will not duplicate, for purposes of salary offset, any of the procedures already provided the debtor under a request for waiver. See 213.13.

k
1 Deductions to liquidate an employees debt will begin on the date stated in the Agencys written demandfor-payment notice of intention to collect, from the employees current pay unless he or she has paid the debt or filed a timely request for a hearing on issues for which a hearing is appropriate.

n Interest, penalties, and administrative cost. USAID will assess interest, penalties, and administrative costs on debts collected under the procedures in this section. Interest, penalties, and administrative costs will continue to accrue during the period that the debtor is seeking a review of the debt or requesting a waiver. The following guidelines apply to the assessment of these costs on debts collected by salary offset:
1 USAID will start to assess interest on all debts not collected by the payment due date specified in the initial written demand-for-payment notice.
USAID will waive the collection of interest and administrative charges on the portion of the debt paid within 30
days after the date on which interest begins to accrue.

3 Deductions by administrative offset normally begin prior to the time for assessment of a penalty. Therefore, USAID will not assess a penalty charge unless deductions occur more than 90
days from the due date in the initial written demand-for-payment notice.

32. Amend 213.23 by:
a. Revising the section heading;
b. Removing creditor agency and creditor agencys and adding in their places creditor Agency and creditor
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