Title 5 — Government Organization and EmployeesRelease 119-73not60
§5520a Garnishment of Pay
Title 5 › Part III— EMPLOYEES › Subpart D— Pay and Allowances › Chapter 55— PAY ADMINISTRATION › Subchapter II— WITHHOLDING PAY › § 5520a
Summary
Federal agencies must withhold part of an employee’s pay when a court order or similar legal garnishment tells them to do so, and they must follow the same basic rules that apply to private employers, subject to the limits in section 303 of the Consumer Credit Protection Act (15 U.S.C. 1673). Agency means most federal offices, including executive, postal, judicial, and legislative bodies. Employee means anyone who works for an agency, including Members of Congress. Legal process means a writ, order, summons, or similar court or authorized state/local action that directs the agency to withhold pay and send it to another person for a named debt, fees, interest, or court costs. Pay includes basic pay and many types of compensation named in the statute (including premium pay under subchapter V; payments under subchapters VI, VII, and VIII; severance and back pay under subchapter IX; sick and incentive pay), but not awards for suggestions. Garnishment papers can be served by certified or registered mail (return receipt requested) or by personal service to the agency’s designated agent or to the agency head if no agent is named. The papers must identify the employee and the payments. The agent who is served must respond within 30 days (or longer if state law allows) and must notify the employee with a copy within 15 days. Employees who answer questions under these rules cannot be disciplined or sued for the disclosures they make while doing that work. Agencies do not have to change their normal pay schedules to comply. The United States, an agency, or a paying officer is not liable for payments made under a regular-looking legal process if they follow the law and agency rules, and amounts excluded under section 462(g) of the Social Security Act (42 U.S.C. 662(g)) are not counted when figuring payment. If more than one garnishment covers the same pay, they are paid in the order served, subject to section 303, except that garnishments under section 459 of the Social Security Act for child support or alimony take priority. Rules to carry out these provisions must be issued by the appropriate officials for each branch of government (President or designee for executive agencies; President or Postmaster General for the Postal Service; the President pro tempore of the Senate and the Speaker of the House for the legislative branch; and the Chief Justice for the judicial branch). Those rules may allow agencies to add and keep administrative costs recovered from garnishments. Within 180 days after enactment, the relevant Executive department Secretaries must issue similar regulations for members of the uniformed services that allow involuntary allotments for court-ordered debts that meet the Servicemembers Civil Relief Act procedures, protect members who miss court because of military duty, and be as uniform across services as practicable, with consultation between Defense and Homeland Security about Coast Guard matters.
Full Legal Text
Title 5, §5520a
Government Organization and Employees — Source: USLM XML via OLRC
(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)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 Servicemembers Civil Relief Act (50 App. U.S.C. 501 et seq.); 11 See References in Text note below. 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.
Legislative History
Notes & Related Subsidiaries
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 approved 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 classification 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 Transportation”. 2004—Subsec. (a)(1)(A), (D). Pub. L. 108–271 substituted “Government Accountability Office” for “General 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 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, § 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, § 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 “section 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 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, § 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 AmendmentAmendment 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.
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.
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 relating thereto, to the Department of Homeland Security, and for treatment of related references, see section 468(b), 551(d), 552(d), and 557 of Title 6, Domestic Security, and the Department of Homeland Security Reorganization 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 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.” 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 conduct 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 Secretary to submit to Congress, not later than Jan. 1, 2001, 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 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 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.
Reference
Citations & Metadata
Citation
5 U.S.C. § 5520a
Title 5 — Government Organization and Employees
Last Updated
Apr 3, 2026
Release point: 119-73not60