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Federal Register / Vol. 86, No. 111 / Friday, June 11, 2021 / Rules and Regulations contract, statute, or regulation e.g., resolution of audit findings under grants or contracts; or appeal provisions under grants or contracts.

213.5

Redesignated as 213.4

8. Redesignate 213.5 as 213.4 and revise it to read as follows:

213.4

Fraud claims.

Redesignated as 213.5

9. Redesignate 213.6 as 213.5 and revise it to read as follows:

213.5 Subdivision of claims not authorized.

USAID will not subdivide a claim to avoid the $100,000 limit on the Agencys authority to compromise a claim, suspend collection action on a claim, or terminate collection action on a claim. A debtors liability that arises from a particular transaction or contract is a single claim.
213.7

Redesignated as 213.6

10. Redesignate 213.7 as 213.6.

Subpart BCollection Actions 11. Revise the heading for subpart B
to read as set forth above.

213.8 Redesignated as 213.7 and Transferred to Subpart B

12. Redesignate 213.8 as 213.7 and transfer it to subpart B.
13. Amend newly redesignated 213.7 by revising paragraph a to read as follows:

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213.7

Collectiongeneral.

a The CFO takes action to collect all debts owed the United States that arise out of USAIDs activities, and to reduce debt delinquencies. Collection actions may include sending at least one written demand for payment notice to the
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213.9

Redesignated as 213.8

14. Redesignate 213.9 as 213.8.
15. Amend newly redesignated 213.8 by:
a. Revising the section heading and paragraphs a introductory text and a4, 5, 7, 8, 10, and 11;
b. Adding paragraph a12; and c. Revising paragraph b.
The revisions and addition read as follows:

a The CFO will refer a claim that appears to be fraudulent, false, or misrepresented by a party that has an interest in the claim to the USAID Office of Inspector General OIG. The OIG has the responsibility for investigating or referring the matter, where appropriate, to the U.S. Department of Justice DOJ.
The OIG has the responsibility to provide the results of the investigation on a timely basis to the CFO for any further action.
b The CFO will not administratively compromise, terminate, or suspend collection action, or otherwise dispose of a claim that appears to be fraudulent, false, or misrepresented by a party that has an interest in the claim, without the approval of DOJ.
213.6

debtors last-known address provided in the records of USAID. Other appropriate action may proceed the written demand for payment notice, including immediate referral to DOJ for litigation, when such action is necessary to protect the Federal Governments interest.

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213.8
notice.

Written demand for payment
a When an Agency official determines that a debt is owed to USAID, the Agency sends a written demand for payment notice to the debtor. Unless otherwise provided by agreement, contract, or order, the written demand for payment notice informs the debtor of:

4 Any rights available to the debtor to review the debt, or to have recovery of the debt waived by citing the available review or waiver authority, the conditions for review or waiver, and the effects of the review or waiver request on the collection of the debt;
5 The date on which debt payment is due, which will be not more than 30
days from the date the written demand for-payment notice is mailed or hand delivered;

7 The debt is considered delinquent if it is not paid on the due date provided in the initial written demand-of payment notice;
8 The imposition of interest charges, penalties, and administrative costs that USAID may assess against a delinquent debt, and the date when such charges apply;

10 The Agency will refer delinquent debt unpaid at 90 days from the initial written demand for payment notice to the Bureau of the Fiscal Service Fiscal Service within the U.S. Department of the Treasury. Statute requires the referral of delinquent debt to Fiscal Service no later than 120 days from the initial written demand-for-payment notice. Fiscal Service will use means available to the Federal Government for collecting a debt, including administrative wage-garnishment, the
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use of collection agencies, and reporting the indebtedness to a credit-reporting bureau see 213.15;
11 The address, telephone number, and name of the person available to discuss the debt; and 12 The possibility of referral to DOJ
for litigation if USAID cannot collect the debt administratively.
b USAID will respond promptly to written communications from the debtor, generally within 30 days of receipt of such a communication.
213.10

Redesignated as 213.9

16. Redesignate 213.10 as 213.9.
17. Amend newly redesignated 213.9 by revising the section heading and paragraphs a and c and adding paragraph e to read as follows:

213.9

Agency review requirements.

a For purposes of this section, whenever USAID must afford a debtor a review within the Agency, USAID shall provide the debtor with a reasonable opportunity for a review when the debtor requests reconsideration of the debt in question. The review may include the examination of documents, internal discussions with relevant officials, and discussion by letter or orally with the debtor, at USAIDs discretion. For the offset of current Federal salary under 5 U.S.C. 5514 for certain debts, an employee may request an outside hearing. See 213.21 and 213.22 when USAID is the creditor Agency.

c This section does not require an oral hearing with respect to debt collection in which the agency has determined that review of the written record is an adequate means to correct a prior mistake.

e If, after review, USAID either sustains or amends its determination, it shall notify the debtor of its intent to collect the sustained or amended debt.
The notification to collect the sustained or amended debt will include accrued interest on the sustained or amended debt, calculated from the date of delinquency. If USAID has suspended collection actions previously, it will reinstitute them unless it receives payment of the sustained or amended amount, or the debtor has made a proposal for a payment plan to which the Agency agrees, by the date specified in the notification of USAIDs decision.
213.11

Redesignated as 213.10

18. Redesignate 213.11 as 213.10.
19. Amend newly redesignated 213.10 by revising paragraph b to read as follows:

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