5 U.S.C. § 5520a | Garnishment of pay

(a)

For purposes of this section—

(1)

“agency” means each agency of the Federal Government, including—

(A)

an executive agency, except for the Government Accountability Office;

(B)

the United States Postal Service and the Postal Regulatory Commission;

(C)

any agency of the judicial branch of the Government; and

(D)

any agency of the legislative branch of the Government, including the Government Accountability Office, each office of a Member of Congress, a committee of the Congress, or other office of the Congress;

(2)

“employee” means an employee of an agency (including a Member of Congress as defined under section 2106);

(3)

“legal process” means any writ, order, summons, or other similar process in the nature of garnishment, that—

(A)

is issued by a court of competent jurisdiction within any State, territory, or possession of the United States, or an authorized official pursuant to an order of such a court or pursuant to State or local law; and

(B)

orders the employing agency of such employee to withhold an amount from the pay of such employee, and make a payment of such withholding to another person, for a specifically described satisfaction of a legal debt of the employee, or recovery of attorney’s fees, interest, or court costs; and

(4)

“pay” means—

(A)

basic pay, premium pay paid under subchapter V, any payment received under subchapter VI, VII, or VIII, severance and back pay paid under subchapter IX, sick pay, incentive pay, and any other compensation paid or payable for personal services, whether such compensation is denominated as wages, salary, commission, bonus pay or otherwise; and

(B)

does not include awards for making suggestions.

(b)

15 U.S.C. 1673 Subject to the provisions of this section and the provisions of section 303 of the Consumer Credit Protection Act () pay from an agency to an employee is subject to legal process in the same manner and to the same extent as if the agency were a private person.

(c)

(1)

Service of legal process to which an agency is subject under this section may be accomplished by certified or registered mail, return receipt requested, or by personal service, upon—

(A)

the appropriate agent designated for receipt of such service of process pursuant to the regulations issued under this section; or

(B)

the head of such agency, if no agent has been so designated.

(2)

Such legal process shall be accompanied by sufficient information to permit prompt identification of the employee and the payments involved.

(d)

Whenever any person, who is designated by law or regulation to accept service of process to which an agency is subject under this section, is effectively served with any such process or with interrogatories, such person shall respond thereto within thirty days (or within such longer period as may be prescribed by applicable State law) after the date effective service thereof is made, and shall, as soon as possible but not later than fifteen days after the date effective service is made, send written notice that such process has been so served (together with a copy thereof) to the affected employee at his or her duty station or last-known home address.

(e)

No employee whose duties include responding to interrogatories pursuant to requirements imposed by this section shall be subject to any disciplinary action or civil or criminal liability or penalty for, or on account of, any disclosure of information made by such employee in connection with the carrying out of any of such employee’s duties which pertain directly or indirectly to the answering of any such interrogatory.

(f)

Agencies affected by legal process under this section shall not be required to vary their normal pay and disbursement cycles in order to comply with any such legal process.

(g)

42 U.S.C. 662(g) Neither the United States, an agency, nor any disbursing officer shall be liable with respect to any payment made from payments due or payable to an employee pursuant to legal process regular on its face, provided such payment is made in accordance with this section and the regulations issued to carry out this section. In determining the amount of any payment due from, or payable by, an agency to an employee, there shall be excluded those amounts which would be excluded under section 462(g) of the Social Security Act ().

(h)

(1)

15 U.S.C. 1673 Subject to the provisions of paragraph (2), if an agency is served under this section with more than one legal process with respect to the same payments due or payable to an employee, then such payments shall be available, subject to section 303 of the Consumer Credit Protection Act (), to satisfy such processes in priority based on the time of service, with any such process being satisfied out of such amounts as remain after satisfaction of all such processes which have been previously served.

(2)

42 U.S.C. 659 A legal process to which an agency is subject under section 459 of the Social Security Act () for the enforcement of the employee’s legal obligation to provide child support or make alimony payments, shall have priority over any legal process to which an agency is subject under this section.

(i)

42 U.S.C. 659 The provisions of this section shall not modify or supersede the provisions of section 459 of the Social Security Act () concerning legal process brought for the enforcement of an individual’s legal obligations to provide child support or make alimony payments.

(j)

(1)

Regulations implementing the provisions of this section shall be promulgated—

(A)

by the President or his designee for each executive agency, except with regard to employees of the United States Postal Service, the President or, at his discretion, the Postmaster General shall promulgate such regulations;

(B)

jointly by the President pro tempore of the Senate and the Speaker of the House of Representatives, or their designee, for the legislative branch of the Government; and

(C)

by the Chief Justice of the United States or his designee for the judicial branch of the Government.

(2)

Such regulations shall provide that an agency’s administrative costs in executing a garnishment action may be added to the garnishment, and that the agency may retain costs recovered as offsetting collections.

(k)

(1)

No later than 180 days after the date of the enactment of this Act, the Secretaries of the Executive departments concerned shall promulgate regulations to carry out the purposes of this section with regard to members of the uniformed services.

(2)

Such regulations shall include provisions for—

(A)

1 See References in Text note below.

the involuntary allotment of the pay of a member of the uniformed services for indebtedness owed a third party as determined by the final judgment of a court of competent jurisdiction, and as further determined by competent military or executive authority, as appropriate, to be in compliance with the procedural requirements of the Servicemembers Civil Relief Act (50 App. U.S.C. 501 et seq.);  and

(B)

consideration for the absence of a member of the uniformed service from an appearance in a judicial proceeding resulting from the exigencies of military duty.

(3)

The Secretaries of the Executive departments concerned shall promulgate regulations under this subsection that are, as far as practicable, uniform for all of the uniformed services. The Secretary of Defense shall consult with the Secretary of Homeland Security with regard to the promulgation of such regulations that might affect members of the Coast Guard when the Coast Guard is operating as a service in the Navy.

Pub. L. 103–94, § 9(a)Oct. 6, 1993107 Stat. 1007 Pub. L. 104–106, div. A, title VI, § 643Feb. 10, 1996110 Stat. 368 Pub. L. 104–193, title III, § 362(b)(2)Aug. 22, 1996110 Stat. 2246 Pub. L. 105–85, div. A, title XI, § 1105Nov. 18, 1997111 Stat. 1923 Pub. L. 108–189, § 2(b)(1)Dec. 19, 2003117 Stat. 2865 Pub. L. 108–271, § 8(b)July 7, 2004118 Stat. 814 Pub. L. 109–241, title IX, § 902(a)(3)July 11, 2006120 Stat. 566 Pub. L. 109–435, title VI, § 604(f)Dec. 20, 2006120 Stat. 3242(Added , , ; amended , , ; , , ; , , ; , , ; , , ; , , ; , , .)

Editorial Notes

References in Text

Pub. L. 103–94Oct. 6, 1993The date of the enactment of this Act, referred to in subsec. (k)(1), probably means the date of enactment of , which enacted this section and was approved .

act Oct. 17, 1940, ch. 888 54 Stat. 1178The Servicemembers Civil Relief Act, referred to in subsec. (k)(2)(A), is , , which was classified to section 501 et seq. of the former Appendix to Title 50, War and National Defense, prior to editorial reclassification and renumbering as chapter 50 (§ 3901 et seq.) of Title 50. For complete classification of this Act to the Code, see Tables.

Amendments

Pub. L. 109–4352006—Subsec. (a)(1)(B). substituted “Postal Regulatory Commission” for “Postal Rate Commission”.

Pub. L. 109–241Subsec. (k)(3). substituted “Secretary of Homeland Security” for “Secretary of Transportation”.

Pub. L. 108–2712004—Subsec. (a)(1)(A), (D). substituted “Government Accountability Office” for “General Accounting Office”.

Pub. L. 108–1892003—Subsec. (k)(2)(A). substituted “Servicemembers Civil Relief Act” for “Soldiers’ and Sailors’ Civil Relief Act of 1940”.

Pub. L. 105–85, § 1105(1)1997—Subsec. (j)(2). , added par. (2) and struck out former par. (2) which read as follows: “Such regulations shall provide that an agency’s administrative costs incurred in executing legal process to which the agency is subject under this section shall be deducted from the amount withheld from the pay of the employee concerned pursuant to the legal process.”

Pub. L. 105–85, § 1105(2)Subsec. (k)(3), (4). , redesignated par. (4) as (3) and struck out former par. (3) which read as follows: “Regulations under this subsection may also provide that the administrative costs incurred in establishing and maintaining an involuntary allotment be deducted from the amount withheld from the pay of the member of the uniformed services concerned pursuant to such regulations.”

lPub. L. 105–85, § 1105(3)lSubsec. (). , struck out subsec. () which read as follows: “The amount of an agency’s administrative costs deducted under regulations prescribed pursuant to subsection (j)(2) or (k)(3) shall be credited to the appropriation, fund, or account from which such administrative costs were paid.”

Pub. L. 104–193 42 U.S.C. 659 42 U.S.C. 6591996—Subsecs. (h)(2), (i). substituted “section 459 of the Social Security Act ()” for “sections 459, 461, and 462 of the Social Security Act (, 661, and 662)”.

Pub. L. 104–106, § 643(a)Subsec. (j)(2). , added par. (2) and struck out former par. (2) which read as follows: “Such regulations shall provide that an agency’s administrative costs in executing a garnishment action may be added to the garnishment, and that the agency may retain costs recovered as offsetting collections.”

Pub. L. 104–106, § 643(b)Subsec. (k)(3), (4). , added par. (3) and redesignated former par. (3) as (4).

lPub. L. 104–106, § 643(c)lSubsec. (). , added subsec. ().

Statutory Notes and Related Subsidiaries

Effective Date of 1996 Amendment

Pub. L. 104–193Aug. 22, 1996section 362(d) of Pub. L. 104–193 section 659 of Title 42Amendment by effective six months after , see , set out as a note under , The Public Health and Welfare.

Pub. L. 104–193 Pub. L. 104–193 section 654 of Title 42For provisions relating to effective date of title III of , see section 395(a)–(c) of , set out as a note under , The Public Health and Welfare.

Effective Date; Savings Provision

Oct. 6, 1993Oct. 6, 1993Pub. L. 103–94 section 12 of Pub. L. 103–94 section 7321 of this titleSection effective 120 days after , and not to affect any proceedings with respect to which charges were filed on or before 120 days after , with orders to be issued in such proceedings and appeals taken therefrom as if had not been enacted, see , set out as a note under .

Transfer of Functions

November 25, 2002section 542 of Title 6For transfer of authorities, functions, personnel, and assets of the Coast Guard, including the authorities and functions of the Secretary of Transportation relating thereto, to the Department of Homeland Security, and for treatment of related references, see sections 468(b), 551(d), 552(d), and 557 of Title 6, Domestic Security, and the Department of Homeland Security Reorganization Plan of , as modified, set out as a note under .

Review and Update of Regulations Governing Debt Collectors Interactions With Unit Commanders of Members of the Armed Forces

Pub. L. 115–91, div. A, title VI, § 634Dec. 12, 2017131 Stat. 1431

Dec. 12, 2017“Not later than 180 days after the date of the enactment of this Act [], the Secretary of Defense shall review and update Department of Defense Directive 1344.09 and any associated regulations to ensure that such regulations comply with Federal consumer protection laws with respect to the collection of debt.”

, , , provided that:

Pilot Program on Alternative Notice of Receipt of Legal Process for Garnishment of Federal Pay for Child Support and Alimony

Pub. L. 105–261, div. A, title X, § 1061Oct. 17, 1998112 Stat. 2128 section 659 of Title 42Jan. 1, 2001Sept. 30, 2001, , , authorized the Secretary of Defense to conduct a pilot program on alternative notice procedures for withholding or garnishment of pay for the payment of child support and alimony under , The Public Health and Welfare, required the Secretary to submit to Congress, not later than , a report describing the experience of the Department of Defense under the authority provided for the program, and provided for termination of pilot program on .

Executive Documents

Ex. Ord. No. 12897. Garnishment of Federal Employees’ Pay

Feb. 3, 1994Ex. Ord. No. 12897, , 59 F.R. 5517, provided:

section 5520a(j)(1)(A) of title 5 section 9 of Public Law 103–94By the authority vested in me as President by the Constitution and the laws of the United States of America, including , United States Code, as added by , it is hereby ordered as follows:

Sectionsection 5520a of title 5 1. The Office of Personnel Management, in consultation with the Attorney General, is designated to promulgate regulations for the implementation of , United States Code, with respect to civilian employees and agencies in the executive branch, except as provided in section 2 of this order.

Secsection 5520a of title 5. 2. The Postmaster General is designated to promulgate regulations for the implementation of , United States Code, with respect to employees of the United States Postal Service.

William J. Clinton.