5 U.S.C. § 5520a — Garnishment of pay

Page 647 TITLE 5—GOVERNMENT ORGANIZATION AND EMPLOYEES § 5520a 1976—Subsec. (c)(1). Pub. L. 94–358 substituted provi- sion defining a city, for purposes of this section, as any unit of general local government which is classified a municipality by the Bureau of the Census, or is a town or township which in the opinion of the Secretary of the Treasury possesses powers and performs functions comparable to those associated with municipalities, is closely settled, and contains within its boundaries no incorporated places, as defined by the Bureau of the Census, within the political boundaries of which five hundred or more persons are regularly employed by all agencies of the Federal Government, for provision de- fining a city, for purposes of this section, as a city which is duly incorporated under the laws of a State and within the political boundaries of which five hun- dred or more persons are regularly employed by all agencies of the Federal Government. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 1978 AMENDMENT Pub. L. 95–365, § 2, Sept. 15, 1978, 92 Stat. 599, provided that: ‘‘The amendments made by the first section of this Act [amending this section] shall take effect on the 90th day after the date of the enactment of this Act [Sept. 15, 1978].’’ EFFECTIVE DATE OF 1977 AMENDMENT Pub. L. 95–30, title IV, § 408(c), May 23, 1977, 91 Stat. 157, provided that: ‘‘The amendments made by this sec- tion [amending this section] shall take effect on the date of enactment of this Act [May 23, 1977].’’ EFFECTIVE DATE OF 1976 AMENDMENT Pub. L. 94–358, § 2, July 12, 1976, 90 Stat. 910, provided that: ‘‘The amendment made by the first section of this Act [amending this section] shall take effect on the date of the enactment of this Act [July 12, 1976].’’ EFFECTIVE DATE Pub. L. 93–340, § 3, July 10, 1974, 88 Stat. 295, provided that: ‘‘This section shall become effective on the date of enactment of this Act [July 10, 1974]. The provisions of the first section and section 2 of this Act [enacting this section and amending section 410 of Title 39, Postal Service] shall become effective on the ninetieth day following the date of enactment.’’ Executive Documents EXECUTIVE ORDER NO. 11833 Ex. Ord. No. 11833, Jan. 13, 1975, 40 F.R. 2673, which re- lated to the withholding of city income or employment taxes by Federal agencies, was revoked by Ex. Ord. No. 11863, June 12, 1975, 40 F.R. 25413, formerly set out below. EXECUTIVE ORDER NO. 11863 Ex. Ord. No. 11863, June 12, 1975, 40 F.R. 25431, which related to the withholding of city income or employ- ment taxes by Federal agencies, was revoked by Ex. Ord. No. 11968, Jan. 31, 1977, 42 F.R. 6787, formerly set out below. EXECUTIVE ORDER NO. 11968 Ex. Ord. No. 11968, Jan. 31, 1977, 42 F.R. 6787, which re- lated to the withholding of District of Columbia, State and city income or employment taxes, was revoked by Ex. Ord. No. 11997, June 22, 1977, 42 F.R. 31759, set out below. EX. ORD. NO. 11997. WITHHOLDING OF DISTRICT OF COLUM- BIA, STATE, CITY AND COUNTY INCOME OR EMPLOYMENT TAXES Ex. Ord. No. 11997, June 22, 1977, 42 F.R. 31759, pro- vided: By virtue of the authority vested in me by Sections 5516, 5517 and 5520 of Title 5 of the United States Code, and Section 301 of Title 3 of the United States Code, and as President of the United States of America, in order to authorize the Secretary of the Treasury to provide for the withholding of county income or em- ployment taxes as authorized by Section 5520 of Title 5 of the United States Code as amended by Section 408 of Public Law 95–30, as well as to provide for the with- holding of District of Columbia, State and city income or employment taxes, it is hereby ordered as follows: SECTION 1. Whenever the Secretary of the Treasury enters into an agreement pursuant to Sections 5516, 5517 or 5520 of Title 5 of the United States Code, with the District of Columbia, a State, a city or a county, as the case may be, with regard to the withholding, by an agency of the United States, hereinafter referred to as an agency, of income or employment taxes from the pay of Federal employees or members of the Armed Forces, the Secretary of the Treasury shall ensure that each agreement is consistent with those sections and regulations, including this Order, issued thereunder. SEC. 2. Each agreement shall provide (a) when tax withholding shall begin, (b) that the head of an agency may rely on the withholding certificate of an employee or a member of the Armed Forces in withholding taxes, (c) that the method for calculating the amount to be withheld for District of Columbia, State, city or county income or employment taxes shall produce approxi- mately the tax required to be withheld by the District of Columbia or State law; or city or county ordinance, whichever is applicable, and (d) that procedures for the withholding, filing of returns, and payment of the with- held taxes to the District of Columbia, a State, a city or a county shall conform to the usual fiscal practices of agencies. Any agreement affecting members of the Armed Forces shall also provide that the head of an agency may rely on the certificate of legal residence of a member of the Armed Forces in determining his or her residence for tax withholding purposes. No agree- ment shall require the collection by an agency of delin- quent tax liabilities of an employee or a member of the Armed Forces. SEC. 3. The head of each agency shall designate, or provide for the designation of, the officers or employees whose duty it shall be to withhold taxes, file required returns, and direct payment of the taxes withheld, in accordance with this Order, any regulations prescribed by the Secretary of the Treasury, and the new applica- ble agreement. SEC. 4. The Secretary of the Treasury is authorized to prescribe additional regulations to implement Sections 5516, 5517 and 5520 of Title 5 of the United States Code, and this Order. SEC. 5. Executive Order No. 11968 of January 31, 1977, is hereby revoked. However, all actions heretofore taken by the President or his delegates in respect of the matters affected by this Order and in force at the time of the issuance of this Order, including any regu- lations prescribed or approved by the President or his delegates in respect of such matters and any existing agreements approved by his delegates, shall, except as they may be inconsistent with the provisions of this Order, remain in effect until amended, modified, or re- voked pursuant to the authority conferred by this Order, unless sooner terminated by operation of law. JIMMY CARTER. § 5520a. Garnishment of pay (a) For purposes of this section— (1) ‘‘agency’’ means each agency of the Fed- eral 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 Page 648 TITLE 5—GOVERNMENT ORGANIZATION AND EMPLOYEES § 5520a Accountability Office, each office of a Mem- ber of Congress, a committee of the Con- gress, or other office of the Congress; (2) ‘‘employee’’ means an employee of an agency (including a Member of Congress as de- fined under section 2106); (3) ‘‘legal process’’ means any writ, order, summons, or other similar process in the na- ture of garnishment, that— (A) is issued by a court of competent juris- diction within any State, territory, or pos- session of the United States, or an author- ized 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 attor- ney’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, wheth- er such compensation is denominated as wages, salary, commission, bonus pay or otherwise; and (B) does not include awards for making suggestions. (b) Subject to the provisions of this section and the provisions of section 303 of the Con- sumer Credit Protection Act (15 U.S.C. 1673) 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 per- son. (c)(1) Service of legal process to which an agency is subject under this section may be ac- complished by certified or registered mail, re- turn receipt requested, or by personal service, upon— (A) the appropriate agent designated for re- ceipt 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 identi- fication of the employee and the payments in- volved. (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 there- to within thirty days (or within such longer pe- riod 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 there- of) to the affected employee at his or her duty station or last-known home address. (e) No employee whose duties include respond- ing 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 con- nection with the carrying out of any of such em- ployee’s duties which pertain directly or indi- rectly to the answering of any such interrog- atory. (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) Neither the United States, an agency, nor any disbursing officer shall be liable with re- spect to any payment made from payments due or payable to an employee pursuant to legal process regular on its face, provided such pay- ment is made in accordance with this section and the regulations issued to carry out this sec- tion. In determining the amount of any payment due from, or payable by, an agency to an em- ployee, there shall be excluded those amounts which would be excluded under section 462(g) of the Social Security Act (42 U.S.C. 662(g)). (h)(1) 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 (15 U.S.C. 1673), 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) A legal process to which an agency is sub- ject under section 459 of the Social Security Act (42 U.S.C. 659) for the enforcement of the em- ployee’s legal obligation to provide child sup- port or make alimony payments, shall have pri- ority over any legal process to which an agency is subject under this section. (i) The provisions of this section shall not modify or supersede the provisions of section 459 of the Social Security Act (42 U.S.C. 659) con- cerning legal process brought for the enforce- ment of an individual’s legal obligations to pro- vide 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 em- ployees of the United States Postal Service, the President or, at his discretion, the Post- master General shall promulgate such regula- tions; (B) jointly by the President pro tempore of the Senate and the Speaker of the House of Representatives, or their designee, for the leg- islative 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 gar- nishment, 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 promul- Page 649 TITLE 5—GOVERNMENT ORGANIZATION AND EMPLOYEES § 5520a 1 See References in Text note below. gate regulations to carry out the purposes of this section with regard to members of the uni- formed services. (2) Such regulations shall include provisions for— (A) the involuntary allotment of the pay of a member of the uniformed services for indebt- edness owed a third party as determined by the final judgment of a court of competent ju- risdiction, and as further determined by com- petent military or executive authority, as ap- propriate, to be in compliance with the proce- dural requirements of the Servicemembers Civil Relief Act (50 App. U.S.C. 501 et seq.); 1 and (B) consideration for the absence of a mem- ber of the uniformed service from an appear- ance in a judicial proceeding resulting from the exigencies of military duty. (3) The Secretaries of the Executive depart- ments concerned shall promulgate regulations under this subsection that are, as far as prac- ticable, uniform for all of the uniformed serv- ices. 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. (Added Pub. L. 103–94, § 9(a), Oct. 6, 1993, 107 Stat. 1007; amended Pub. L. 104–106, div. A, title VI, § 643, Feb. 10, 1996, 110 Stat. 368; Pub. L. 104–193, title III, § 362(b)(2), Aug. 22, 1996, 110 Stat. 2246; Pub. L. 105–85, div. A, title XI, § 1105, Nov. 18, 1997, 111 Stat. 1923; Pub. L. 108–189, § 2(b)(1), Dec. 19, 2003, 117 Stat. 2865; Pub. L. 108–271, § 8(b), July 7, 2004, 118 Stat. 814; Pub. L. 109–241, title IX, § 902(a)(3), July 11, 2006, 120 Stat. 566; Pub. L. 109–435, title VI, § 604(f), Dec. 20, 2006, 120 Stat. 3242.) Editorial Notes REFERENCES IN TEXT The date of the enactment of this Act, referred to in subsec. (k)(1), probably means the date of enactment of Pub. L. 103–94, which enacted this section and was ap- proved Oct. 6, 1993. The Servicemembers Civil Relief Act, referred to in subsec. (k)(2)(A), is act Oct. 17, 1940, ch. 888, 54 Stat. 1178, 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 clas- sification of this Act to the Code, see Tables. AMENDMENTS 2006—Subsec. (a)(1)(B). Pub. L. 109–435 substituted ‘‘Postal Regulatory Commission’’ for ‘‘Postal Rate Commission’’. Subsec. (k)(3). Pub. L. 109–241 substituted ‘‘Secretary of Homeland Security’’ for ‘‘Secretary of Transpor- tation’’. 2004—Subsec. (a)(1)(A), (D). Pub. L. 108–271 sub- stituted ‘‘Government Accountability Office’’ for ‘‘Gen- eral Accounting Office’’. 2003—Subsec. (k)(2)(A). Pub. L. 108–189 substituted ‘‘Servicemembers Civil Relief Act’’ for ‘‘Soldiers’ and Sailors’ Civil Relief Act of 1940’’. 1997—Subsec. (j)(2). Pub. L. 105–85, § 1105(1), added par. (2) and struck out former par. (2) which read as follows: ‘‘Such regulations shall provide that an agency’s ad- ministrative 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.’’ Subsec. (k)(3), (4). Pub. L. 105–85, § 1105(2), redesig- nated 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 in- curred in establishing and maintaining an involuntary allotment be deducted from the amount withheld from the pay of the member of the uniformed services con- cerned pursuant to such regulations.’’ Subsec. (l). Pub. L. 105–85, § 1105(3), struck out subsec. (l) which read as follows: ‘‘The amount of an agency’s administrative costs deducted under regulations pre- scribed pursuant to subsection (j)(2) or (k)(3) shall be credited to the appropriation, fund, or account from which such administrative costs were paid.’’ 1996—Subsecs. (h)(2), (i). Pub. L. 104–193 substituted ‘‘section 459 of the Social Security Act (42 U.S.C. 659)’’ for ‘‘sections 459, 461, and 462 of the Social Security Act (42 U.S.C. 659, 661, and 662)’’. Subsec. (j)(2). Pub. L. 104–106, § 643(a), added par. (2) and struck out former par. (2) which read as follows: ‘‘Such regulations shall provide that an agency’s ad- ministrative costs in executing a garnishment action may be added to the garnishment, and that the agency may retain costs recovered as offsetting collections.’’ Subsec. (k)(3), (4). Pub. L. 104–106, § 643(b), added par. (3) and redesignated former par. (3) as (4). Subsec. (l). Pub. L. 104–106, § 643(c), added subsec. (l). Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 1996 AMENDMENT Amendment by Pub. L. 104–193 effective six months after Aug. 22, 1996, see section 362(d) of Pub. L. 104–193, set out as a note under section 659 of Title 42, The Pub- lic Health and Welfare. For provisions relating to effective date of title III of Pub. L. 104–193, see section 395(a)–(c) of Pub. L. 104–193, set out as a note under section 654 of Title 42, The Pub- lic Health and Welfare. EFFECTIVE DATE; SAVINGS PROVISION Section effective 120 days after Oct. 6, 1993, and not to affect any proceedings with respect to which charges were filed on or before 120 days after Oct. 6, 1993, with orders to be issued in such proceedings and appeals taken therefrom as if Pub. L. 103–94 had not been en- acted, see section 12 of Pub. L. 103–94, set out as a note under section 7321 of this title. TRANSFER OF FUNCTIONS For transfer of authorities, functions, personnel, and assets of the Coast Guard, including the authorities and functions of the Secretary of Transportation relat- ing 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 Secu- rity, and the Department of Homeland Security Reor- ganization Plan of November 25, 2002, as modified, set out as a note under section 542 of Title 6. 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, § 634, Dec. 12, 2017, 131 Stat. 1431, provided that: ‘‘Not later than 180 days after the date of the enactment of this Act [Dec. 12, 2017], the Secretary of Defense shall review and update Depart- ment of Defense Directive 1344.09 and any associated regulations to ensure that such regulations comply Page 650 TITLE 5—GOVERNMENT ORGANIZATION AND EMPLOYEES § 5521 with Federal consumer protection laws with respect to the collection of debt.’’ 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, § 1061, Oct. 17, 1998, 112 Stat. 2128, authorized the Secretary of Defense to con- duct a pilot program on alternative notice procedures for withholding or garnishment of pay for the payment of child support and alimony under section 659 of Title 42, The Public Health and Welfare, required the Sec- retary to submit to Congress, not later than Jan. 1, 2001, a report describing the experience of the Depart- ment of Defense under the authority provided for the program, and provided for termination of pilot program on Sept. 30, 2001. Executive Documents EX. ORD. NO. 12897. GARNISHMENT OF FEDERAL EMPLOYEES’ PAY Ex. Ord. No. 12897, Feb. 3, 1994, 59 F.R. 5517, provided: By the authority vested in me as President by the Constitution and the laws of the United States of America, including section 5520a(j)(1)(A) of title 5, United States Code, as added by section 9 of Public Law 103–94, it is hereby ordered as follows: SECTION 1. The Office of Personnel Management, in consultation with the Attorney General, is designated to promulgate regulations for the implementation of section 5520a of title 5, United States Code, with re- spect to civilian employees and agencies in the execu- tive branch, except as provided in section 2 of this order. SEC. 2. The Postmaster General is designated to pro- mulgate regulations for the implementation of section 5520a of title 5, United States Code, with respect to em- ployees of the United States Postal Service. WILLIAM J. CLINTON. SUBCHAPTER III—ADVANCEMENT, ALLOTMENT, AND ASSIGNMENT OF PAY § 5521. Definitions For the purpose of this subchapter— (1) ‘‘agency’’ means— (A) an Executive agency; (B) the judicial branch; (C) the Library of Congress; (D) the Government Publishing Office; and (E) the government of the District of Co- lumbia; (2) ‘‘employee’’ means an individual em- ployed in or under an agency; (3) ‘‘head of each agency’’ means— (A) the Director of the Administrative Of- fice of the United States Courts with respect to the judicial branch; and (B) the Mayor of the District of Columbia with respect to the government of the Dis- trict of Columbia; and (4) ‘‘United States’’, when used in a geo- graphical sense, means the several States and the District of Columbia. (Pub. L. 89–554, Sept. 6, 1966, 80 Stat. 479; Pub. L. 90–623, § 1(10), Oct. 22, 1968, 82 Stat. 1312; Pub. L. 96–54, § 2(a)(31), Aug. 14, 1979, 93 Stat. 383; Pub. L. 113–235, div. H, title I, § 1301(b), Dec. 16, 2014, 128 Stat. 2537.) HISTORICAL AND REVISION NOTES Derivation U.S. Code Revised Statutes and Statutes at Large .................. 5 U.S.C. 3071. Sept. 26, 1961, Pub. L. 87–304, § 1, 75 Stat. 662. June 24, 1965, Pub. L. 89–47, 79 Stat. 171. In paragraph (1), the word ‘‘agency’’ is substituted for ‘‘department’’. The term ‘‘Executive agency’’ is sub- stituted for the reference to ‘‘each executive depart- ment of the Government of the United States of Amer- ica; each agency or independent establishment in the executive branch of such Government; each corporation wholly owned or controlled by such Government’’ in former section 3071(1)(A)–(C). Paragraph (2) is added for clarity and in view of the fact that the definition of ‘‘employee’’ in section 2105 does not include individuals employed by the govern- ment of the District of Columbia. In paragraph (3), the term ‘‘department head’’ is omitted as unnecessary. In paragraph (4), the words ‘‘of the United States of America’’ are omitted as unnecessary. Standard changes are made to conform with the defi- nitions applicable and the style of this title as outlined in the preface to the report. Editorial Notes AMENDMENTS 1979—Par. (3)(B). Pub. L. 96–54 substituted ‘‘Mayor’’ for ‘‘Commissioner’’. 1968—Par. (3)(B). Pub. L. 90–623 substituted ‘‘Commis- sioner’’ for ‘‘Board of Commissioners’’. Statutory Notes and Related Subsidiaries CHANGE OF NAME ‘‘Government Publishing Office’’ substituted for ‘‘Government Printing Office’’ in par. (1)(D) on author- ity of section 1301(b) of Pub. L. 113–235, set out as a note preceding section 301 of Title 44, Public Printing and Documents. EFFECTIVE DATE OF 1979 AMENDMENT Amendment by Pub. L. 96–54 effective July 12, 1979, see section 2(b) of Pub. L. 96–54, set out as a note under section 305 of this title. EFFECTIVE DATE OF 1968 AMENDMENT Amendment by Pub. L. 90–623 intended to restate without substantive change the law in effect on Oct. 22, 1968, see section 6 of Pub. L. 90–623, set out as a note under section 5334 of this title. § 5522. Advance payments; rates; amounts recov- erable (a) The head of each agency may provide for the advance payment of the pay, allowances, and differentials, or any of them, covering a pe- riod of not more than 30 days, to or for the ac- count of each employee of the agency (or, under emergency circumstances and on a reimbursable basis, an employee of another agency) whose de- parture (or that of his dependents or immediate family, as the case may be) from a place inside or outside the United States is officially author- ized or ordered— (1) from a place outside the United States from which the Secretary of State determines it is in the national interest to require the de- parture of some or all employees, their de- pendents, or both; or (2) from any place where there is imminent danger to the life of the employee or the lives