
From the U.S. Code Online via GPO Access
[wais.access.gpo.gov]
[Laws in effect as of January 2, 2001]
[Document not affected by Public Laws enacted between
  January 2, 2001 and January 28, 2002]
[CITE: 5USC5520a]

 
             TITLE 5--GOVERNMENT ORGANIZATION AND EMPLOYEES
 
                           PART III--EMPLOYEES
 
                      Subpart D--Pay and Allowances
 
                     CHAPTER 55--PAY ADMINISTRATION
 
                     SUBCHAPTER II--WITHHOLDING PAY
 
Sec. 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 General Accounting 
        Office;
            (B) the United States Postal Service and the Postal Rate 
        Commission;
            (C) any agency of the judicial branch of the Government; and
            (D) any agency of the legislative branch of the Government, 
        including the General Accounting 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) Subject to the provisions of this section and the provisions of 
section 303 of the Consumer 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 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) 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 (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 subject under section 459 
of the Social Security Act (42 U.S.C. 659) 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) 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) 
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) 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 Soldiers' and Sailors' Civil Relief Act of 1940 (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 Transportation 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, Sec. 9(a), Oct. 6, 1993, 107 Stat. 1007; amended 
Pub. L. 104-106, div. A, title VI, Sec. 643, Feb. 10, 1996, 110 Stat. 
368; Pub. L. 104-193, title III, Sec. 362(b)(2), Aug. 22, 1996, 110 
Stat. 2246; Pub. L. 105-85, div. A, title XI, Sec. 1105, Nov. 18, 1997, 
111 Stat. 1923.)

                       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 approved Oct. 6, 1993.
    The Soldiers' and Sailors' Relief Act of 1940, referred to in 
subsec. (k)(2)(A), is act Oct. 17, 1940, ch. 888, 54 Stat. 1178, as 
amended, which is classified to section 501 et seq. of Title 50, 
Appendix, War and National Defense. For complete classification of this 
Act to the Code, see section 501 of Title 50, Appendix, and Tables.


                               Amendments

    1997--Subsec. (j)(2). Pub. L. 105-85, Sec. 1105(1), 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.''
    Subsec. (k)(3), (4). Pub. L. 105-85, Sec. 1105(2), 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.''
    Subsec. (l). Pub. L. 105-85, Sec. 1105(3), struck out subsec. (l) 
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.''
    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, Sec. 643(a), 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.''
    Subsec. (k)(3), (4). Pub. L. 104-106, Sec. 643(b), added par. (3) 
and redesignated former par. (3) as (4).
    Subsec. (l). Pub. L. 104-106, Sec. 643(c), added subsec. (l).


                    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 Public 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 Public 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 enacted, 
see section 12 of Pub. L. 103-94, set out as a note under section 7321 
of this title.


  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, Sec. 1061, Oct. 17, 1998, 112 
Stat. 2128, provided that:
    ``(a) Program Required.--The Secretary of Defense shall conduct a 
pilot program on alternative notice procedures for withholding or 
garnishment of pay for the payment of child support and alimony under 
section 459 of the Social Security Act (42 U.S.C. 659).
    ``(b) Purpose.--The purpose of the pilot program is to test the 
efficacy of providing notice in accordance with subsection (c) to the 
person whose pay is to be withheld or garnished.
    ``(c) Authorization of Alternative To Providing Copy of Notice or 
Service Received by the Secretary.--(1) Under the pilot program, 
whenever the Secretary of Defense (acting through the DOD section 459 
agent) provides a section 459 notice to an individual, the Secretary may 
include as part of that notice the information specified in subsection 
(e) in lieu of sending with that notice a copy (otherwise required 
pursuant to the parenthetical phrase in section 459(c)(2)(A) of the 
Social Security Act) of the notice or service received by the DOD 
section 459 agent with respect to that individual's child support or 
alimony payment obligations.
    ``(2) Under the pilot program, whenever the Secretary of Defense 
(acting through the DOD section 5520a agent) provides a section 5520a 
notice to an individual, the Secretary may include as part of that 
notice the information specified in subsection (e) in lieu of sending 
with that notice a copy (otherwise required pursuant to the second 
parenthetical phrase in section 5520a(c) of title 5, United States Code) 
of the legal process received by the DOD section 5520a agent with 
respect to that individual.
    ``(d) Definitions.--For purposes of this section:
        ``(1) DOD section 459 agent.--The term `DOD section 459 agent' 
    means the agent or agents designated by the Secretary of Defense 
    under subsection (c)(1)(A) of section 459 of the Social Security Act 
    (42 U.S.C. 659) to receive orders and accept service of process in 
    matters related to child support or alimony.
        ``(2) Section 459 notice.--The term `section 459 notice' means, 
    with respect to the Department of Defense, the notice required by 
    subsection (c)(2)(A) of section 459 of the Social Security Act (42 
    U.S.C. 659) to be sent to an individual in writing upon the receipt 
    by the DOD section 459 agent of notice or service with respect to 
    the individual's child support or alimony payment obligations.
        ``(3) DOD section 5520a agent.--The term `DOD section 5520a 
    agent' means a person who is designated by law or regulation to 
    accept service of process to which the Department of Defense is 
    subject under section 5520a of title 5, United States Code 
    (including the regulations promulgated under subsection (k) of that 
    section).
        ``(4) Section 5520a notice.--The term `section 5520a notice' 
    means, with respect to the Department of Defense, the notice 
    required by subsection (c) of section 5520a of title 5, United 
    States Code, to be sent in writing to an employee (or, pursuant to 
    the regulations promulgated under subsection (k) of that section, to 
    a member of the Armed Forces) upon the receipt by the DOD section 
    5520a agent of legal process covered by that section.
    ``(e) Alternative Requirements.--The information referred to in 
subsection (c) that is to be included as part of a section 459 notice or 
section 5520a notice sent to an individual (in lieu of sending with that 
notice a copy of the notice or service received by the DOD section 459 
agent or the DOD section 5520a agent) is the following:
        ``(1) A description of the pertinent court order, notice to 
    withhold, or other order, process, or interrogatory received by the 
    DOD section 459 agent or the DOD section 5520a agent.
        ``(2) The identity of the court or judicial forum involved and 
    (in the case of a notice or process concerning the ordering of a 
    support or alimony obligation) the case number, the amount of the 
    obligation, and the name of the beneficiary.
        ``(3) Information on how the individual may obtain from the 
    Department of Defense a copy of the notice, service, or legal 
    process, including an address and telephone number that the 
    individual may be contacted for the purpose of obtaining such a 
    copy.
    ``(f) Period of Pilot Program.--The Secretary shall commence the 
pilot program not later than 90 days after the date of the enactment of 
this Act [Oct. 17, 1998]. The pilot program shall terminate on September 
30, 2001.
    ``(g) Report.--Not later than January 1, 2001, the Secretary shall 
submit to Congress a report describing the experience of the Department 
of Defense under the authority provided by this section. The report 
shall include the following:
        ``(1) The number of section 459 notices provided by the DOD 
    section 459 agent during the period the authority provided by this 
    section was in effect.
        ``(2) The number of individuals who requested the DOD section 
    459 agent to provide to them a copy of the actual notice or service.
        ``(3) Any complaint the Secretary received by reason of not 
    having provided the actual notice or service in the section 459 
    notice.
        ``(4) The number of section 5520a notices provided by the DOD 
    section 5520a agent during the period the authority provided by this 
    section was in effect.
        ``(5) The number of individuals who requested the DOD section 
    5520a agent to provide to them a copy of the actual legal process.
        ``(6) Any complaint the Secretary received by reason of not 
    having provided the actual legal process in the section 5520a 
    notice.''

        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 
respect to civilian employees and agencies in the executive branch, 
except as provided in section 2 of this order.
    Sec. 2. The Postmaster General is designated to promulgate 
regulations for the implementation of section 5520a of title 5, United 
States Code, with respect to employees of the United States Postal 
Service.
                                                     William J. Clinton.

                  Section Referred to in Other Sections

    This section is referred to in title 22 sections 3612a, 3664; title 
39 section 410.
