5 U.S. Code § 5514. Installment deduction for indebtedness to the United States
Historical and Revision Notes
Revised Statutes and
Statutes at Large
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 “section 4837(d) or 9837(d) of title 10 or section 1007(b), (c) of title 37” are substituted for “the provisions of the Act of May 22, 1928 (ch. 676, 45 Stat. 698)” in section 4 of the Act of July 15, 1954, on authority of the Acts of Aug. 10, 1956, ch. 1041, § 49(b), 70A Stat. 640, and Sept. 7, 1962, Pub. L. 87–649, § 12(b), 76 Stat. 497.
Sections 4837(d) and 9837(d) of title 10, referred to in subsec. (c), probably refer to the subsecs. (d) of those sections as originally enacted by act Aug. 10, 1956, ch. 1041, 70A Stat. 274, 594. Sections 4837 and 9837 were subsequently amended, and provisions similar to those in the original subsecs. (d) of those sections are now contained in respective subsecs. (a).
2018—Subsec. (c). Pub. L. 115–232 substituted “section 7837(d) or 9837(d) of title 10” for “section 4837(d) or 9837(d) of title 10”.
Subsec. (e). Pub. L. 110–181, § 652(2), added subsec. (e).
2006—Subsec. (a)(5)(B). Pub. L. 109–435 substituted “Postal Regulatory Commission” for “Postal Rate Commission”.
1996—Subsec. (a)(1). Pub. L. 104–134, § 31001(h)(A)(i), inserted at end “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.”
Subsec. (a)(3), (4). Pub. L. 104–134, § 31001(h)(A)(ii), (iii), added par. (3) and redesignated former pars. (3) and (4) as (4) and (5), respectively.
Subsec. (a)(5). Pub. L. 104–134, § 31001(h)((A)(ii), redesignated par. (4) as (5).
Subsec. (a)(5)(B). Pub. L. 104–134, § 31001(h)(A)(iv), amended subpar. (B) generally. Prior to amendment, subpar. (B) read as follows: “ ‘agency’ includes the United States Postal Service and the Postal Rate Commission.”
Subsec. (d). Pub. L. 104–134, § 31001(h)(B), added subsec. (d).
1984—Subsec. (c). Pub. L. 98–216 substituted “section 3530(d)” for “section 581d”.
1982—Pub. L. 97–365, § 5(c), substituted “indebtedness to the United States” for “indebtedness because of erroneous payment” in section catchline.
Subsec. (a). Pub. L. 97–365, § 5(a), designated existing provisions as par. (1), in par. (1) as so designated substituted provisions relating to debts to which the United States is entitled to be repaid for provisions which had related to an indebtedness to the United States because of an erroneous payment made by an agency to or on behalf of an individual, inserted provisions relating to the notification of a debt by the head of another agency or his designee, substituted provisions authorizing the deduction of not to exceed 15 percent of disposable pay for provisions which had authorized the deduction of not to exceed two-thirds of the pay from which the deduction was made, and added pars. (2), (3), and (4).
Subsec. (b). Pub. L. 97–365, § 5(b), designated existing provisions as par. (1) and added par. (2).
Pub. L. 97–258 substituted “section 3530(d)” for “section 581d”.
1979—Subsec. (b). Pub. L. 96–54 substituted “President” for “Director of the Bureau of the Budget”.
Amendment by Pub. L. 115–232 effective Feb. 1, 2019, with provision for the coordination of amendments and special rule for certain redesignations, see section 800 of Pub. L. 115–232, set out as a note preceding section 3001 of Title 10, Armed Forces.
Authority of President under subsec. (b) of this section to approve regulations prescribed by head of each agency to carry out this section and section 581d of Title 31, Money and Finance [31 U.S.C. 3530(d)], relating to installment deductions from pay for indebtedness because of erroneous payment, delegated to Office of Personnel Management, see section 8(1) of Ex. Ord. No. 11609, July 22, 1971, 36 F.R. 13747, set out as a note under section 301 of Title 3, The President.
- Departments of Commerce, Justice, and State, the Judiciary, and Related Agencies Appropriations Act, 1996
- Departments of Labor, Health and Human Services, and Education, and Related Agencies Appropriations Act, 1996
- Departments of Veterans Affairs and Housing and Urban Development, and Independent Agencies Appropriations Act, 1996