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Federal Register / Vol. 86, No. 111 / Friday, June 11, 2021 / Rules and Regulations
213.10 Aggressive collection actions;
documentation.

213.13

b USAID documents all administrative collection actions in the claim file, along with the basis for any compromise, termination, or suspension of collection actions. USAID retains this documentation, which may include the Claims-Collection Litigation Report CCLR provided in 213.24, in the appropriate debt file.
213.12

Redesignated as 213.11

20. Redesignate 213.12 as 213.11.
21. Amend newly redesignated 213.11 by revising the section heading and paragraphs a1 and e to read as follows:

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213.11 Interest, penalties, and administrative costs.

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213.12 Interest, penalties, and administrative costs pending consideration of debt waiver or review.

Interest, penalties, and administrative costs will continue to accrue on a debt during a review by USAID and during a waiver of indebtedness consideration by the Agency; except that USAID will not assess interest, penalties, and administrative costs where a statute or a regulation specifically prohibits the collection of the debt during the period of the Agencys review or consideration of a debt waiver.
23. Add new 213.13 to read as follows:
213.13

a
1 Interest begins to accrue on all delinquent debts starting from the day after the payment due date established in the initial written demand-for payment notice to the debtor. USAID
will assess an annual rate of interest that is equal to the U.S. Department of the Treasury Current Value of Funds Rate CVFR unless a different rate is necessary to protect the interest of the Federal Government. USAID will notify the debtor of the basis for its finding that a different rate is necessary to protect the interest of the Government.

e Waivers for the collection of interest, penalties, and administrative costs. 1 The CFO 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. The CFO may extend this 30-day period, on a case-by case basis, when he or she determines that such action is in the best interest of the Federal Government. A decision to extend or not to extend the payment period is final, and is not subject to further review.
2 The CFO may without regard to the amount of the debt waive the collection of all or part of accrued interest, penalties, or administrative costs, when he or she determines that i A waiver is justified under the standards for the compromise of claims under 213.25; or ii Collection of these charges would be against equity and good conscience, or is not in the best interest of the United States.
3 The CFO may make a decision to waive interest, penalties, or administrative costs at any time.

VerDate Sep<11>2014

Redesignated as 213.12

22. Redesignate 213.13 as 213.12
and revise it to read as follows:

Waivers of indebtedness.

The CFO may grant waivers of indebtedness for certain types of debt identified in Federal statutes under the following waiver authorities:
a Waiver authorities1 Debts that arise out of erroneous payments of pay and allowances, and of travel, transportation, and relocation expenses and allowances. Title 5 U.S.C. 5584
provides the authority for waiving, in whole or in part, debts that arise out of erroneous payments of pay or allowances, travel, transportation, or relocation expenses and allowances to an employee of USAID, if collection would be against equity and good conscience, or not in the best interests of the United States:
i The CFO may not grant a waiver if there exists in connection with the claim an indication of fraud, misrepresentation, fault, or lack of good faith on the part of the employee or any other person who has an interest in obtaining a waiver.
ii 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. What an employee should have known is evaluated under a reasonable-person standard. However, employees are expected to have a general understanding of the Federal pay system applicable to them.
iii An employee with notice that a payment might be erroneous is expected to make provisions for eventual repayment. Financial hardship is not a basis for granting a waiver for an employee who was on notice of an erroneous payment.
iv If the deciding official finds no indication of fraud, misrepresentation, fault, or lack of good faith on the part of the employee or any other person
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who has an interest in obtaining a waiver of the claim, the employee is not automatically entitled to a waiver.
Before granting a waiver, the deciding official also must determine that collection of the claim against an employee would be against equity and good conscience, or not in the best interests of the United States. Factors to consider when determining if collection of a claim against an employee would be against equity and good conscience, or not in the best interests of the United States, include, but are not limited to, the following:
A Whether collection of the claim would cause serious financial hardship to the employee from whom the Agency seeks collection;
B Whether, because of the erroneous payment, the employee either has relinquished a valuable right or changed positions for the worse, regardless of his or her financial circumstances;
C The time elapsed between the erroneous payment and the discovery of the error and notification of the employee;
D Whether failure to make restitution would result in unfair gain to the employee; and E Whether recovery of the claim would be unconscionable under the circumstances.
2 Debts that arise out of advances in pay 5 U.S.C. 5524a; situations of Authorized or Ordered Departures 5
U.S.C. 5522; or allowances and differentials for employees stationed abroad 5 U.S.C. 5922. Title 5 U.S.C.
5524a, 5522, or 5922 provide authority for waiving, in whole or in part, a debt that arises out of such an advance payment 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 an advance payment 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 3 Debts that arise out of employee training expenses. Title 5 U.S.C. 4108
provides the authority for waiving, in whole or in part, a debt that arises out of employee training expenses if it is shown that recovery would be against
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