SUBCHAPTER II—WITHHOLDING PAY
§5511. Withholding pay; employees removed for cause
(a) Except as provided by subsection (b) of this section, the earned pay of an employee removed for cause may not be withheld or confiscated.
(b) If an employee indebted to the United States is removed for cause, the pay accruing to the employee shall be applied in whole or in part to the satisfaction of any claim or indebtedness due the United States.
(
| Derivation | U.S. Code | Revised Statutes and Statutes at Large |
|---|---|---|
| Feb. 24, 1931, ch. 287, |
In subsection (a), the words "From and after February 24, 1931" are omitted as executed. The word "employee" is coextensive with and substituted for "civil employee of the United States" in view of the definition of "employee" in section 2105.
Standard changes are made to conform with the definitions applicable and the style of this title as outlined in the preface to the report.
§5512. Withholding pay; individuals in arrears
(a) The pay of an individual in arrears to the United States shall be withheld until he has accounted for and paid into the Treasury of the United States all sums for which he is liable.
(b) When pay is withheld under subsection (a) of this section, the employing agency, on request of the individual, his agent, or his attorney, shall report immediately to the Attorney General the balance due; and the Attorney General, within 60 days, shall order suit to be commenced against the individual.
(
| Derivation | U.S. Code | Revised Statutes and Statutes at Large |
|---|---|---|
| R.S. §1766. |
In subsection (b), reference to the "General Accounting Office" is substituted for "accounting officers of the Treasury" on authority of the Act of June 10, 1921, ch. 18, title III,
Standard changes are made to conform with the definitions applicable and the style of this title as outlined in the preface to the report.
Editorial Notes
Amendments
1996—Subsec. (b).
1972—Subsec. (b).
§5513. Withholding pay; credit disallowed or charge raised for payment
When the Government Accountability Office, on a statement of the account of a disbursing or certifying official of the United States, disallows credit or raises a charge for a payment to an individual in or under an Executive agency otherwise entitled to pay, the pay of the payee shall be withheld in whole or in part until full reimbursement is made under regulations prescribed by the head of the Executive agency from which the payee is entitled to receive pay. This section does not repeal or modify existing statutes relating to the collection of the indebtedness of an accountable, certifying, or disbursing official.
(
| Derivation | U.S. Code | Revised Statutes and Statutes at Large |
|---|---|---|
| May 26, 1936, ch. 452, |
The words "On and after May 26, 1936" are omitted as executed. The word "official" is substituted for "officer" and "officers" as the definition of "officer" in section 2104 excludes a member of a uniformed service. The words "from the United States or from an agency or instrumentality thereof" are omitted as unnecessary.
Standard changes are made to conform with the definitions applicable and the style of this title as outlined in the preface to the report.
Editorial Notes
Amendments
2004—
§5514. Installment deduction for indebtedness to the United States
(a)(1) When the head of an agency or his designee determines that an employee, member of the Armed Forces or Reserve of the Armed Forces, is indebted to the United States for debts to which the United States is entitled to be repaid at the time of the determination by the head of an agency or his designee, or is notified of such a debt by the head of another agency or his designee the amount of indebtedness may be collected in monthly installments, or at officially established pay intervals, by deduction from the current pay account of the individual. The deductions may be made from basic pay, special pay, incentive pay, retired pay, retainer pay, or, in the case of an individual not entitled to basic pay, other authorized pay. The amount deducted for any period may not exceed 15 percent of disposable pay, except that a greater percentage may be deducted upon the written consent of the individual involved. If the individual retires or resigns, or if his employment or period of active duty otherwise ends, before collection of the amount of the indebtedness is completed, deduction shall be made from subsequent payments of any nature due the individual from the agency concerned. All Federal agencies to which debts are owed and which have outstanding delinquent debts shall participate in a computer match at least annually of their delinquent debt records with records of Federal employees to identify those employees who are delinquent in repayment of those debts. The preceding sentence shall not apply to any debt under the Internal Revenue Code of 1986. Matched Federal employee records shall include, but shall not be limited to, records of active Civil Service employees government-wide, military active duty personnel, military reservists, United States Postal Service employees, employees of other government corporations, and seasonal and temporary employees. The Secretary of the Treasury shall establish and maintain an interagency consortium to implement centralized salary offset computer matching, and promulgate regulations for this program. Agencies that perform centralized salary offset computer matching services under this subsection are authorized to charge a fee sufficient to cover the full cost for such services.
(2) Except as provided in paragraph (3) of this subsection, prior to initiating any proceedings under paragraph (1) of this subsection to collect any indebtedness of an individual, the head of the agency holding the debt or his designee, shall provide the individual with—
(A) a minimum of thirty days written notice, informing such individual of the nature and amount of the indebtedness determined by such agency to be due, the intention of the agency to initiate proceedings to collect the debt through deductions from pay, and an explanation of the rights of the individual under this subsection;
(B) an opportunity to inspect and copy Government records relating to the debt;
(C) an opportunity to enter into a written agreement with the agency, under terms agreeable to the head of the agency or his designee, to establish a schedule for the repayment of the debt; and
(D) an opportunity for a hearing on the determination of the agency concerning the existence or the amount of the debt, and in the case of an individual whose repayment schedule is established other than by a written agreement pursuant to subparagraph (C), concerning the terms of the repayment schedule.
A hearing, described in subparagraph (D), shall be provided if the individual, on or before the fifteenth day following receipt of the notice described in subparagraph (A), and in accordance with such procedures as the head of the agency may prescribe, files a petition requesting such a hearing. The timely filing of a petition for hearing shall stay the commencement of collection proceedings. A hearing under subparagraph (D) may not be conducted by an individual under the supervision or control of the head of the agency, except that nothing in this sentence shall be construed to prohibit the appointment of an administrative law judge. The hearing official shall issue a final decision at the earliest practicable date, but not later than sixty days after the filing of the petition requesting the hearing.
(3) Paragraph (2) shall not apply to routine intra-agency adjustments of pay that are attributable to clerical or administrative errors or delays in processing pay documents that have occurred within the four pay periods preceding the adjustment and to any adjustment that amounts to $50 or less, if at the time of such adjustment, or as soon thereafter as practical, the individual is provided written notice of the nature and the amount of the adjustment and a point of contact for contesting such adjustment.
(4) The collection of any amount under this section shall be in accordance with the standards promulgated pursuant to
(5) For purposes of this subsection—
(A) "disposable pay" means that part of pay of any individual remaining after the deduction from those earnings of any amounts required by law to be withheld; and
(B) "agency" includes executive departments and agencies, the United States Postal Service, the Postal Regulatory Commission, any nonappropriated fund instrumentality described in
(b)(1) The head of each agency shall prescribe regulations, subject to the approval of the President, to carry out this section and
(2) For purposes of
(c) Subsection (a) of this section does not modify existing statutes which provide for forfeiture of pay or allowances. This section and
(d) A levy pursuant to the Internal Revenue Code of 1986 shall take precedence over other deductions under this section.
(e) An employee of a nonappropriated fund instrumentality described in
(
| Derivation | U.S. Code | Revised Statutes and Statutes at Large |
|---|---|---|
| July 15, 1954, ch. 509, §§1, 2, 4, |
||
In subsection (a), the words "head of the agency concerned" are substituted for "Secretary of the department concerned or the head of the agency or independent establishment concerned, or one of their designees". The words "an employee, a member of the armed forces, or a Reserve of the armed forces" are coextensive with and substituted for "an employee of the United States or any member of the Army, Navy, Air Force, Marine Corps, or Coast Guard, or a reserve component thereof" in view of the definitions in sections 2101 and 2105. The words "basic compensation" are omitted as included in "basic pay".
In subsection (b), the words "head of each agency" are substituted for "Each Secretary of a department, or head of an agency or independent establishment, as appropriate". The words "Secretaries of the military departments" are substituted for "Secretaries of the Army, Navy, and Air Force" to conform to the definition of "military department" in section 102.
In subsection (c), the words "
Editorial Notes
References in Text
The Internal Revenue Code of 1986, referred to in subsecs. (a)(1) and (d), is classified generally to Title 26, Internal Revenue Code.
Amendments
2018—Subsec. (c).
2008—Subsec. (a)(5)(B).
Subsec. (e).
2006—Subsec. (a)(5)(B).
1996—Subsec. (a)(1).
Subsec. (a)(3), (4).
Subsec. (a)(5).
Subsec. (a)(5)(B).
Subsec. (d).
1984—Subsec. (c).
1983—Subsec. (a)(3).
1982—
Subsec. (a).
Subsec. (b).
1979—Subsec. (b).
Statutory Notes and Related Subsidiaries
Effective Date of 2018 Amendment
Amendment by
Effective Date of 1979 Amendment
Amendment by
Short Title of 1982 Amendment
Improvements in Debt Collection Procedures Under 1982 Amendments as Contained in Debt Collection Act of 1982 Inapplicable to Claims or Indebtedness Under Internal Revenue Code, Social Security Act, or Tariff Laws
Collection of Indebtedness of Employees of Federal Government Resulting From Action or Suit Brought Against Employee by United States
Executive Documents
Delegation of Functions
Authority of President under subsec. (b) of this section to approve regulations prescribed by head of each agency to carry out this section and
§5515. Crediting amounts received for jury or witness service
An amount received by an employee as defined by
(
| Derivation | U.S. Code | Revised Statutes and Statutes at Large |
|---|---|---|
| June 29, 1940, ch. 446, §3, |
Standard changes are made to conform with the definitions applicable and the style of this title as outlined in the preface to the report.
Editorial Notes
Amendments
2010—
1996—
1970—
Statutory Notes and Related Subsidiaries
Effective Date of 2010 Amendment
Amendment by
§5516. Withholding District of Columbia income taxes
(a) The Secretary of the Treasury, under regulations prescribed by the President, shall enter into an agreement with the Mayor of the District of Columbia within 120 days of a request for agreement from the Mayor. The agreement shall provide that the head of each agency of the United States shall comply with the requirements of subchapter II of
(b) This section does not give the consent of the United States to the application of a statute which imposes more burdensome requirements on the United States than on other employers, or which subjects the United States or its employees to a penalty or liability because of this section.
(
| Derivation | U.S. Code | Revised Statutes and Statutes at Large |
|---|---|---|
| [Uncodified]. | Mar. 31, 1956, ch. 154, §11 "(k)", |
Section 2(c) "(z)" of the Act of Mar. 31, 1956,
Standard changes are made to conform with the definitions applicable and the style of this title as outlined in the preface to the report.
Editorial Notes
Amendments
1979—Subsec. (a).
1976—
1968—Subsec. (a).
Statutory Notes and Related Subsidiaries
Effective Date of 1979 Amendment
Amendment by
Effective Date of 1976 Amendment
Effective Date of 1968 Amendment
Amendment by
§5517. Withholding State income taxes
(a) When a State statute—
(1) provides for the collection of a tax either by imposing on employers generally the duty of withholding sums from the pay of employees and making returns of the sums to the State, or by granting to employers generally the authority to withhold sums from the pay of employees if any employee voluntarily elects to have such sums withheld; and
(2) imposes the duty or grants the authority to withhold generally with respect to the pay of employees who are residents of the State;
the Secretary of the Treasury, under regulations prescribed by the President, shall enter into an agreement with the State within 120 days of a request for agreement from the proper State official. The agreement shall provide that the head of each agency of the United States shall comply with the requirements of the State withholding statute in the case of employees of the agency who are subject to the tax and whose regular place of Federal employment is within the State with which the agreement is made. In the case of pay for service as a member of the armed forces, the preceding sentence shall be applied by substituting "who are residents of the State with which the agreement is made" for "whose regular place of Federal employment is within the State with which the agreement is made".
(b) This section does not give the consent of the United States to the application of a statute which imposes more burdensome requirements on the United States than on other employers, or which subjects the United States or its employees to a penalty or liability because of this section. An agency of the United States may not accept pay from a State for services performed in withholding State income taxes from the pay of the employees of the agency.
(c) For the purpose of this section, "State" means a State, territory, possession, or commonwealth of the United States.
(d) For the purpose of this section and sections 5516 and 5520, the terms "serve as a member of the armed forces" and "service as a member of the Armed Forces" include—
(1) participation in exercises or the performance of duty under
(2) participation in scheduled drills or training periods, or service on active duty for training, under
(
| Derivation | U.S. Code | Revised Statutes and Statutes at Large |
|---|---|---|
| July 17, 1952, ch. 940, §1, |
||
| Sept. 23, 1959, |
||
| July 17, 1952, ch. 940, §2, |
||
| Sept. 23, 1959, |
In subsection (b), the words "after March 31, 1959" are omitted as executed.
Standard changes are made to conform with the definitions applicable and the style of this title as outlined in the preface to the report.
Editorial Notes
Amendments
1997—Subsec. (c).
1994—Subsec. (d)(2).
1987—Subsec. (d).
1976—Subsec. (a).
Subsec. (d).
Statutory Notes and Related Subsidiaries
Effective Date of 1997 Amendment
Section 1462(b) of
Effective Date of 1994 Amendment
Amendment by
Effective Date of 1976 Amendment
Amendment by section 1207(a)(1) of
Executive Documents
Executive Order No. 10407
Ex. Ord. No. 10407, Nov. 7, 1952, 17 F.R. 10132, which related to regulations governing agreements concerning withholding of state or territorial income taxes, was revoked by Ex. Ord. No. 11968, Jan. 31, 1977, 42 F.R. 6787, formerly set out as a note under
§5518. Deductions for State retirement systems; National Guard employees
When—
(1) a State statute provides for the payment of employee contributions to a State employee retirement system or to a State sponsored plan providing retirement, disability, or death benefits, by withholding sums from the pay of State employees and making returns of the sums withheld to State authorities or to the person or organization designated by State authorities to receive sums withheld for the program; and
(2) individuals employed by the Army National Guard and the Air National Guard, except employees of the National Guard Bureau, are eligible for membership in a State employee retirement system or other State sponsored plan;
the Secretary of Defense, under regulations prescribed by the President, shall enter into an agreement with the State within 120 days of a request for agreement from the proper State official. The agreement shall provide that the Department of Defense shall comply with the requirements of State statute as to the individuals named by paragraph (2) of this section who are eligible for membership in the State employee retirement system. The disbursing officials paying these individuals shall withhold and pay to the State employee retirement system or to the person or organization designated by State authorities to receive sums withheld for the program the employee contributions for these individuals. For the purpose of this section, "State" means a State or territory or possession of the United States including the Commonwealth of Puerto Rico.
(
| Derivation | U.S. Code | Revised Statutes and Statutes at Large |
|---|---|---|
| June 15, 1956, ch. 390, Sept. 13, 1961, |
The words "individuals employed by" and the word "individuals" are substituted for "civilian employees of" and "employees", respectively, in view of the definition of "employee" in section 2105 which is limited to those employed by the Government of the United States. The word "civilian" is omitted as unnecessary as military personnel are not "employed". The words "disbursing officials" are substituted for "disbursing officers" as the definition of "officer" in section 2104 excludes a member of a uniformed service.
Standard changes are made to conform with the definitions applicable and the style of this title as outlined in the preface to the report.
Executive Documents
Ex. Ord. No. 10996. Withholding of Compensation for State and State-Sponsored Employee Retirement, Disability, or Death Benefits Programs
Ex. Ord. No. 10996, Feb. 16, 1962, 27 F.R. 1521, provided:
By virtue of the authority vested in me by the act of June 15, 1956, as amended,
(a) "Employees" means civilian employees of the Army National Guard or Air National Guard of a State who are employed pursuant to
(b) "State" means one of the United States, the Commonwealth of Puerto Rico, and any territory of the United States.
(a) the law of such State provides for the payment of employee contributions to such State or State-sponsored employee retirement, disability, or death benefits systems by withholding sums from the compensation of such State employees and making returns of such sums to officials of such State or organization designated by such officials to receive sums withheld for such programs;
(b) civilian employees of the Army National Guard and the Air National Guard, other than those employed by the National Guard Bureau, are eligible for membership in a State retirement, disability, or death benefits system; and
(c) each such agreement is consistent with the provisions of the said act of June 15, 1956, as amended, and of rules and regulations issued thereunder, and contains a clause that it shall be subject to any amendments of the said act, including amendments occurring after the effective date of such agreement.
(a) Provide that the Secretary of the Army with respect to civilian employees of the Army National Guard, and the Secretary of the Air Force with respect to civilian employees of the Air National Guard, shall comply with the requirements of such State law in the case of employee subject to the said act of June 15, 1956, as amended, who are eligible for membership in such retirement, disability, or death benefits system for State employees;
(b) Specify when the withholding of sums from the compensation of such State employees shall commence; and
(c) Provide for procedures for the withholding, the filing of the returns, and the payment of the sums withheld from compensation to the officials of the State, or organization designated by such officials to receive sums withheld for such programs, which procedures shall conform, so far as practicable, to the usual fiscal practices of the Department of the Army and the Department of the Air Force, respectively.
John F. Kennedy.
§5519. Crediting amounts received for certain Reserve or National Guard service
An amount (other than a travel, transportation, or per diem allowance) received by an employee or individual for military service as a member of the Reserve or National Guard for a period for which he is granted military leave under section 6323(b) shall be credited against the pay payable to the employee or individual with respect to his civilian position for that period.
(Added
Editorial Notes
Amendments
2021—
1996—
1992—
Statutory Notes and Related Subsidiaries
Application of 2021 Amendment
§5520. Withholding of city or county income or employment taxes
(a) When a city or county ordinance—
(1) provides for the collection of a tax by imposing on employers generally the duty of withholding sums from the pay of employees and making returns of the sums to a designated city or county officer, department, or instrumentality; and
(2) imposes the duty to withhold generally on the payment of compensation earned within the jurisdiction of the city or county in the case of employees whose regular place of employment is within such jurisdiction;
the Secretary of the Treasury, under regulations prescribed by the President, shall enter into an agreement with the city or county within 120 days of a request for agreement by the proper city or county official. The agreement shall provide that the head of each agency of the United States shall comply with the requirements of the city or county ordinance in the case of any employee of the agency who is subject to the tax and (i) whose regular place of Federal employment is within the jurisdiction of the city or county with which the agreement is made or (ii) is a resident of such city or county. The agreement may not apply to pay for service as a member of the Armed Forces (other than service described in
(b) This section does not give the consent of the United States to the application of an ordinance which imposes more burdensome requirements on the United States than on other employers or which subjects the United States or its employees to a penalty or liability because of this section. An agency of the United States may not accept pay from a city or county for services performed in withholding city or county income or employment taxes from the pay of employees of the agency.
(c) For the purpose of this section—
(1) "city" means any unit of general local government which—
(A) is classified as a municipality by the Bureau of the Census, or
(B) is a town or township which, in the determination of the Secretary of the Treasury—
(i) possesses powers and performs functions comparable to those associated with municipalities,
(ii) is closely settled, and
(iii) contains within its boundaries no incorporated places, as defined by the Bureau of the Census,
within the political boundaries of which 500 or more persons are regularly employed by all agencies of the Federal Government;
(2) "county" means any unit of local general government which is classified as a county by the Bureau of the Census and within the political boundaries of which 500 or more persons are regularly employed by all agencies of the Federal Government;
(3) "ordinance" means an ordinance, order, resolution, or similar instrument which is duly adopted and approved by a city or county in accordance with the constitution and statutes of the State in which it is located and which has the force of law within such city or county; and
(4) "agency" means—
(A) an Executive agency;
(B) the judicial branch; and
(C) the United States Postal Service.
(Added
Editorial Notes
Amendments
1987—Subsec. (a).
1978—Subsec. (a).
1977—
Subsec. (a).
Subsec. (b).
Subsec. (c).
1976—Subsec. (c)(1).
Statutory Notes and Related Subsidiaries
Effective Date of 1978 Amendment
Effective Date of 1977 Amendment
Effective Date of 1976 Amendment
Effective Date
Executive Documents
Executive Order No. 11833
Ex. Ord. No. 11833, Jan. 13, 1975, 40 F.R. 2673, which related 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 employment 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 related 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 Columbia, State, City and County Income or Employment Taxes
Ex. Ord. No. 11997, June 22, 1977, 42 F.R. 31759, provided:
By virtue of the authority vested in me by
Jimmy Carter.
§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) Subject to the provisions of this section and the provisions of section 303 of the Consumer Credit Protection Act (
(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 (
(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 (
(2) A legal process to which an agency is subject under section 459 of the Social Security Act (
(i) The provisions of this section shall not modify or supersede the provisions of section 459 of the Social Security Act (
(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.); 1 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.
(Added
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
The Servicemembers Civil Relief Act, referred to in subsec. (k)(2)(A), is act Oct. 17, 1940, ch. 888,
Amendments
2006—Subsec. (a)(1)(B).
Subsec. (k)(3).
2004—Subsec. (a)(1)(A), (D).
2003—Subsec. (k)(2)(A).
1997—Subsec. (j)(2).
Subsec. (k)(3), (4).
Subsec. (l).
1996—Subsecs. (h)(2), (i).
Subsec. (j)(2).
Subsec. (k)(3), (4).
Subsec. (l).
Statutory Notes and Related Subsidiaries
Effective Date of 1996 Amendment
Amendment by
For provisions relating to effective date of title III of
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
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
Review and Update of Regulations Governing Debt Collectors Interactions With Unit Commanders of Members of the Armed Forces
Pilot Program on Alternative Notice of Receipt of Legal Process for Garnishment of Federal Pay for Child Support and Alimony
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
William J. Clinton.