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Federal Register / Vol. 86, No. 111 / Friday, June 11, 2021 / Rules and Regulations
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.

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:

Subpart AGeneral Provisions
213.2

2. Revise the heading for subpart A to read as set for above.
3. Revise 213.1 to read as follows:

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

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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 investment guaranty 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
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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
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Revenue Code title 26 of the United States Code and deductions described in 5 CFR 581.105b through f. These deductions include, but are not limited to, Social Security withholdings;
Federal, State, and local tax withholdings; health-insurance premiums; retirement contributions;
and life-insurance premiums.
l Employee means a current U.S.
Direct-Hire employee of the Federal Government, including a current member of the Armed Forces or a Reserve of the Armed Forces.
m Employee salary offset means the administrative collection of a debt by deductions at one or more officially established pay intervals from the current pay account of an employee without the employees consent.
n Person means an individual, firm, partnership, corporation, association, and, except for purposes of administrative offsets under subpart C
of this part and interest, penalties, and administrative costs under subpart B of this part, includes State and local governments and Indian tribes and components of tribal governments.
o Recoupment is a special method for adjusting debts that arise under the same transaction or occurrence. For example, obligations that arise under the same contract generally are subject to recoupment.
p Suspension means the temporary cessation of active debt collection pending the occurrence of an anticipated event.
q Termination means the cessation of all active debt-collection action for the foreseeable future.
r Waiver means the decision to forgo the collection of a debt owed to the United States, as provided for by a specific statute and according to the standards set out under that statute.
s Withholding order means any order for the withholding or garnishment of pay issued by USAID or a judicial or administrative body. For the purposes of this part, wage garnishment order and garnishment order have the same meaning as withholding order.
213.3

Removed
5. Remove 213.3.

213.4

Redesignated as 213.3

6. Redesignate 213.4 as 213.3.
7. Amend newly redesignated 213.3
by revising paragraph a to read as follows:

213.3

Other remedies.

a This part does not supersede or require the omission or duplication of administrative proceedings required by
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