§ 213.2 - Definitions.

§ 213.2 Definitions.

Cross Reference

Link to an amendment published at 86 FR 31140, June 11, 2021.

(a) Administrative offset means the withholding of money payable by the United States to, or held by the United States for, a person to satisfy a debt the person owes the Government.

(b) Administrative wage garnishment means the process by which federal agencies require a private sector employer to withhold up to 15% of an employee's disposable pay to satisfy a delinquent debt owed to the federal government. A court order is not required.

(c) Agency means the United States Agency for International Development (USAID).

(d) Claim (or Debt) means an amount of money, funds, or property that a USAID official has been determined by an agency official to be due the United States from any person, organization, or entity, except another Federal agencyDepartment or Agency. As used in this part, the terms debt “debt” and claim “claim” are synonymous and interchangeable.

(e) CFO means the Chief Financial Officer of USAID or a USAID employee or official designated official delegated by the CFO to act on the CFO's behalf.

(f) Creditor agency 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

agency

Department or Agency to which the debt is owed, including a debt-collection center when acting on behalf of a creditor

agency

Agency in matters pertaining to the collection of a debt.

(

g

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 debtor's obligation.

(

h

i)Delinquent

claim

debt means any

claim that

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

agency

Agency's

bill for collection or demand letter

initial written demand for payment

or which has not been satisfied in accordance with a repayment agreement.

(i) 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

remaining

, 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 Revenue Code (

Title

title 26

,

of the United States Code) and deductions described in 5 CFR 581.105(b) through (f). These deductions include, but are not limited to

:

, Social

security

Security withholdings; Federal, State, and local tax withholdings; health-insurance premiums; retirement contributions; and life-insurance premiums.

(

j

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.

(

k

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 employee's consent.

(

l

n) Person means an individual, firm, partnership, corporation, association, and, except for purposes of administrative offsets under subpart C of this part and interest,

penalty

penalties, and administrative costs under subpart B of this part, includes State and local governments and Indian tribes and components of tribal governments.

(

m

o) Recoupment is a special method for adjusting debts

arising

that arise under the same transaction or occurrence. For example, obligations

arising

that arise under the same contract generally are subject to recoupment.

(

n) Waiver means the cancellation, remission, forgiveness or non-recovery of a debt or debt-related charge as permitted or required by law. (o

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

“wage garnishment

order

order” and

garnishment order

“garnishment order” have the same meaning as

withholding

“withholding order.”

[67 FR 47258, July 18, 2002, as amended at 86 FR 31140, June 11, 2021]