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Federal Register / Vol. 86, No. 38 / Monday, March 1, 2021 / Proposed Rules
USAID intends to refer the debt to Fiscal Service and disclose to a creditreporting agency the information authorized for disclosure by this subpart; and 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
20. Amend 213.17 in the first sentence by adding the words or she after the word he.

213.19

Amended
21. Amend 213.19 in the first sentence of paragraph a by removing the word penalty and adding penalties, in its place.
22. Revise the heading for subpart C
to read as follows:

Subpart CAdministrative and Salary Offset 23. 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 newly redesignated paragraphs d heading and 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
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Department or Agency from amounts due or payable by USAID to the debtor, 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.

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

Employee salary offsetgeneral.

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.

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