31 U.S. Code § 3720D - Garnishment

(a) Notwithstanding any provision of State law, the head of an executive, judicial, or legislative agency that administers a program that gives rise to a delinquent nontax debt owed to the United States by an individual may in accordance with this section garnish the disposable pay of the individual to collect the amount owed, if the individual is not currently making required repayment in accordance with any agreement between the agency head and the individual.
(b) In carrying out any garnishment of disposable pay of an individual under subsection (a), the head of an executive, judicial, or legislative agency shall comply with the following requirements:
(1) The amount deducted under this section for any pay period may not exceed 15 percent of disposable pay, except that a greater percentage may be deducted with the written consent of the individual.
(2) The individual shall be provided written notice, sent by mail to the individual’s last known address, a minimum of 30 days prior to the initiation of proceedings, from the head of the executive, judicial, or legislative agency, informing the individual of—
(A) the nature and amount of the debt to be collected;
(B) the intention of the agency to initiate proceedings to collect the debt through deductions from pay; and
(C) an explanation of the rights of the individual under this section.
(3) The individual shall be provided an opportunity to inspect and copy records relating to the debt.
(4) The individual shall be provided an opportunity to enter into a written agreement with the executive, judicial, or legislative agency, under terms agreeable to the head of the agency, to establish a schedule for repayment of the debt.
(5) The individual shall be provided an opportunity for a hearing in accordance with subsection (c) on the determination of the head of the executive, judicial, or legislative agency concerning—
(A) the existence or the amount of the debt, and
(B) in the case of an individual whose repayment schedule is established other than by a written agreement pursuant to paragraph (4), the terms of the repayment schedule.
(6) If the individual has been reemployed within 12 months after having been involuntarily separated from employment, no amount may be deducted from the disposable pay of the individual until the individual has been reemployed continuously for at least 12 months.
(c)
(1) A hearing under subsection (b)(5) shall be provided prior to issuance of a garnishment order if the individual, on or before the 15th day following the mailing of the notice described in subsection (b)(2), and in accordance with such procedures as the head of the executive, judicial, or legislative agency may prescribe, files a petition requesting such a hearing.
(2) If the individual does not file a petition requesting a hearing prior to such date, the head of the agency shall provide the individual a hearing under subsection (a)(5)  [1] upon request, but such hearing need not be provided prior to issuance of a garnishment order.
(3) The hearing official shall issue a final decision at the earliest practicable date, but not later than 60 days after the filing of the petition requesting the hearing.
(d) The notice to the employer of the withholding order shall contain only such information as may be necessary for the employer to comply with the withholding order.
(e)
(1) An employer may not discharge from employment, refuse to employ, or take disciplinary action against an individual subject to wage withholding in accordance with this section by reason of the fact that the individual’s wages have been subject to garnishment under this section, and such individual may sue in a State or Federal court of competent jurisdiction any employer who takes such action.
(2) The court shall award attorneys’ fees to a prevailing employee and, in its discretion, may order reinstatement of the individual, award punitive damages and back pay to the employee, or order such other remedy as may be reasonably necessary.
(f)
(1) The employer of an individual—
(A) shall pay to the head of an executive, judicial, or legislative agency as directed in a withholding order issued in an action under this section with respect to the individual, and
(B) shall be liable for any amount that the employer fails to withhold from wages due an employee following receipt by such employer of notice of the withholding order, plus attorneys’ fees, costs, and, in the court’s discretion, punitive damages.
(2)
(A) The head of an executive, judicial, or legislative agency may sue an employer in a State or Federal court of competent jurisdiction to recover amounts for which the employer is liable under paragraph (1)(B).
(B) A suit under this paragraph may not be filed before the termination of the collection action, unless earlier filing is necessary to avoid expiration of any applicable statute of limitations period.
(3) Notwithstanding paragraphs (1) and (2), an employer shall not be required to vary its normal pay and disbursement cycles in order to comply with this subsection.
(g) For the purpose of this section, the term “disposable pay” means that part of the compensation of any individual from an employer remaining after the deduction of any amounts required by any other law to be withheld.
(h) The Secretary of the Treasury shall issue regulations to implement this section.


[1]  So in original. Probably should be subsection “(b)(5)”.

Source

(Added Pub. L. 104–134, title III, § 31001(o)(1),Apr. 26, 1996, 110 Stat. 1321–369.)

This is a list of parts within the Code of Federal Regulations for which this US Code section provides rulemaking authority.

This list is taken from the Parallel Table of Authorities and Rules provided by GPO [Government Printing Office].

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6 CFR - Domestic Security

6 CFR Part 11 - CLAIMS

12 CFR - Banks and Banking

12 CFR Part 797 - PROCEDURES FOR DEBT COLLECTION

12 CFR Part 1073 - PROCEDURES FOR BUREAU DEBT COLLECTION

12 CFR Part 1208 - DEBT COLLECTION

13 CFR - Business Credit and Assistance

13 CFR Part 140 - DEBT COLLECTION

14 CFR - Aeronautics and Space

14 CFR Part 1261 - PROCESSING OF MONETARY CLAIMS (GENERAL)

16 CFR - Commercial Practices

16 CFR Part 1 - GENERAL PROCEDURES

17 CFR - Commodity and Securities Exchanges

17 CFR Part 143 - COLLECTION OF CLAIMS OWED THE UNITED STATES ARISING FROM ACTIVITIES UNDER THE COMMISSION'S JURISDICTION

17 CFR Part 204 - RULES RELATING TO DEBT COLLECTION

20 CFR - Employees' Benefits

20 CFR Part 422 - ORGANIZATION AND PROCEDURES

25 CFR - Indians

25 CFR Part 513 - DEBT COLLECTION

29 CFR - Labor

29 CFR Part 20 - FEDERAL CLAIMS COLLECTION

29 CFR Part 1650 - DEBT COLLECTION

30 CFR - Mineral Resources

30 CFR Part 1207 - SALES AGREEMENTS OR CONTRACTS GOVERNING THE DISPOSAL OF LEASE PRODUCTS

31 CFR - Money and Finance: Treasury

31 CFR Part 5 - TREASURY DEBT COLLECTION

31 CFR Part 34

31 CFR Part 285 - DEBT COLLECTION AUTHORITIES UNDER THE DEBT COLLECTION IMPROVEMENT ACT OF 1996

32 CFR - National Defense

32 CFR Part 537 - CLAIMS ON BEHALF OF THE UNITED STATES

36 CFR - Parks, Forests, and Public Property

36 CFR Part 1201 - COLLECTION OF CLAIMS

41 CFR - Public Contracts and Property Management

41 CFR Part 105-55 - COLLECTION OF CLAIMS OWED THE UNITED STATES

41 CFR Part 105-57 - ADMINISTRATION WAGE GARNISHMENT

43 CFR - Public Lands: Interior

43 CFR Part 39 - COLLECTION OF DEBTS BY ADMINISTRATIVE WAGE GARNISHMENT

45 CFR - Public Welfare

45 CFR Part 30 - CLAIMS COLLECTION

49 CFR - Transportation

49 CFR Part 89 - IMPLEMENTATION OF THE FEDERAL CLAIMS COLLECTION ACT

49 CFR Part 1018 - DEBT COLLECTION

 

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