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DOE O 323.1
Administrative Change
An administrative change to this directive was approved on 06-04-08.
In accordance with the Departmental Directives System:
Administrative Changes are simple changes that
do not substantively affect the directive. Examples
of such changes are nomenclature changes to
organization names or titles of officials, changes to
legal citations, and minor reductions in requirements
and responsibilities.
To see the redline/strikeout of changes for this administrative change,
go to http://directives.doe.gov/reference/o323.1AdmChgFinalMarkup6-4-08.pdf
____________________________________________________________
U.S. Department of Energy ORDER
Washington, D.C. DOE O 323.1
Approved: 8-1-04
Admin Chg 1: 6-4-08
This directive was reviewed and certified as current and
necessary by James T. Campbell, Acting Director, Office of
Management, Budget and Evaluation/Chief Financial Officer, 8-1-04.
SUBJECT: GARNISHMENT OF FEDERAL EMPLOYEES' PAY
1. OBJECTIVES. To prescribe the procedures for collecting from
an employee's pay those amounts subject to legal process
brought for-
a. enforcement of the employee's legal obligations to
provide child support and/or make alimony payments
and
b. commercial garnishments.
2. CANCELLATIONS. DOE O 2200.11, Processing Garnishment
Orders for Child Support and/or Alimony, dated 2-12-88.
Cancellation of an Order does not, by itself, modify or otherwise
affect any contractual obligation to comply with the Order.
Canceled Orders that are incorporated by reference
in a contract remain in effect until the contract is modified
to delete references to the requirements in the canceled Orders.
3. APPLICABILITY.
a. Primary Department of Energy (DOE) Organizations,
Including National Nuclear Security Administration
(NNSA) Organizations. Except for the exclusions in
paragraph 3c, this Order applies to all Primary
DOE Organizations (see Attachment 1 for
a complete list of Primary DOE Organizations). This
Order automatically applies to Primary DOE
Organizations created after it is issued.
The NNSA Administrator will ensure that NNSA employees
and contractors comply with requirements of this Order.
b. Site/Facility Management Contractors. Not applicable.
c. Exclusions. None.
4. REQUIREMENTS.
a. Legislation.
(1) Amendments to the Social Security Act of 1935
[Public Law (P.L.) 74-271] have established that
Government agencies and the District of Columbia
will support the enforcement of employees' legal
obligations to pay child support, alimony, and
commercial debt by withholding
portions of (garnishing) employee income in
response to legal process served to Government
agencies. Requirements and limits are detailed in-
(a) Title 42 United States Code (U.S.C.) 659,
"Consent by the United States to income
withholding, garnishment, and similar
proceedings for enforcement of child support
and alimony obligations";
(b) 42 U.S.C. 666, "Requirement of statutorily
prescribed procedures to improve
effectiveness of child support enforcement";
(c) 15 U.S.C. 1673, "Consumer Credit Protection
Act";
(d) 5 U.S.C. 5520a, "Garnishment of Pay";
(e) 5 Code of Federal Regulations (CFR) 581,
"Processing Garnishment Orders for Child
Support and/or Alimony";
and
(f) 5 CFR 582, "Commercial Garnishment of Federal
Employees' Pay."
(2) Income from which funds can be withheld is
detailed in 5 CFR 581.103, "Moneys Which Are
Subject to Garnishment," and 5 CFR 582.102 (5),
"Definition of Pay," which includes compensation
such as wages, salary, commission, or bonus pay,
less exclusions included in paragraph 5c, below.
b. Definitions. See paragraph 10 for definitions of terms
applicable to this Order.
c. Legal Process.
(1) DOE is required to designate agents who will
accept service of legal process for commercial
garnishments and court ordered child support
and/or alimony payments.
(2) DOE is also required to submit to the Office of
General Counsel of the Office of Personnel
Management (OPM), the following information
concerning designated agents:
(a) title,
(b) mailing address,
(c) telephone number, and
(d) geographic area or region.
(3) Designated agents receive legal process documents
by certified or registered mail, return receipt
requested, or by personal service. (NOTE: For
child support or alimony Orders, legal process
does not need to be made by certified or
registered mail, return receipt requested, or by
personal service.) This begins the DOE compliance
process which is specified below. (NOTE: The legal
process does not need to expressly name DOE as the
garnishee.)
(4) Designated agents document the date and time the
legal process was received and review identifying
information in the legal process to ensure that it
is sufficient to enable processing. The following
information, if known, about the employee who is
the subject of the legal process must be provided:
(a) full name;
(b) date of birth;
(c) employment number or Social Security number;
(d) DOE office and official duty station or
worksite; and
(e) for commercial garnishments, the home address
or current mailing address.
d. Response.
(1) For commercial garnishments, DOE must respond to
the legal process in the same manner as would a
private entity. It is not necessarily required
that the legal process be signed by a judge.
(2) When an agent has been effectively served with an
order, process, or interrogatory, appropriate
response is as follows:
(a) The agent sends written notice as soon as
possible, but
not later than 15 calendar days after
receipt, to the employee obligor;
(b) The agent responds to a validly served legal
process and accompanying interrogatories
within 30 calendar days after receipt (or by
the deadline prescribed by applicable State
law).
1 Longer periods for response may be
prescribed by State or local law and in
compliance with provisions of
42 U.S.C. 666 for child support or
alimony, including the following:
a If the individual is identified in
court orders brought for more than
one debt owed or for debts owed to
more than one person, the agent
will give priority to child support
and alimony over any other legal
process under State law against the
same income.
b Moneys that remain after
garnishment for child support
and/or alimony debt has been
calculated will be available to
satisfy any remaining legal process
on a first-come, first-served basis
(subject to the limitations and
restrictions in paragraphs 5 and 6
of this Order).
c If information sought in an
interrogatory is not available to
the designated agent or the agent's
counsel and the proper person to
respond can be identified, the
interrogatory will be forwarded to
that person in sufficient time to
allow for timely response.
2 When State or local law authorizes
issuance of interrogatories before or
after the issuance of a legal process,
the agent responds to the
interrogatories within 30 calendar days
after receipt unless a longer period is
prescribed by State or local law.
3 For child support or alimony orders, the
response
deadline is applicable provided that the
required
documents have been presented [see
paragraph 4d(4), below].
(c) The agent withholds available sums in
response to the
order.
(3) When the information provided is not sufficient to
identify the employee whose income is to be
garnished-
(a) the agent returns the legal process to the
originating court or other authority with an
explanation of the deficiency, and
(b) prior to returning the legal process, and if
there is sufficient time, the agent will
attempt to inform the party who initiated the
legal process or the party's representative
that the legal process will not be honored
unless adequate information is supplied.
(4) If it cannot be confirmed that the legal process
was served to enforce a legal obligation, the
designated agent requests a certified copy of the
court order or other document establishing legal
obligations as defined in paragraphs 10a (alimony)
and 10b (child support).
(5) If State or local law allows the legal process to
be issued without a support order, the agent
requests documentation required to show the
employee's legal obligation to pay alimony or
child support.
(6) If there is doubt as to the authenticity of the
legal process (e.g., a child support order or
related documentation is not stamped with the
applicable State or local seal), the agent
forwards the legal process to the Office of
General Counsel for Headquarters or Chief Counsel
at field organizations1 for review and
concurrence.
(7) If it is determined that the individual identified
as employee obligor does not receive income from
DOE, the agent returns the legal process to the
court or other authority from which it was issued
and advises the court or other authority that the
individual does not receive moneys from DOE.
(8) The agent also advises the court or other
authority when it appears that the remuneration
for employment is temporarily exhausted or
otherwise unavailable and explains why and for how
long the remuneration will be unavailable, if that
information is known by DOE.
(9) When an employee who is the subject of legal
process leaves DOE employment, the agent will
provide to the party who brought the legal action
(or the party's representative) and the
originating court (or other authority)-
(a) notification that payments are to be
discontinued and
(b) the name of a contact person for the new
disbursing governmental entity when DOE
knows that the employee-
1 has a Thrift Savings Account,
2 has retired,
3 separated and requested a refund of
retirement contributions,
4 has transferred, or
5 is receiving benefits under the Federal
Employees' Compensation Act.
5. LIMITATIONS.
a. Moneys that are not subject to garnishment are-
(1) payments made pursuant to provisions of the
Federal Tort Claims Act, 28 U.S.C., 1346(b) and
2671, et seq.;
(2) refunds and other payments made in connection with
overpayment or erroneous payment of income tax and
other taxes levied under the Internal Revenue Code
(26 U.S.C.);
(3) grants;
(4) fellowships;
(5) contracts, except where the contractor recipient
performed personal services and received payments
in his or her capacity as an employee of a
Government entity; and
(6) reimbursement for expenses incurred by an
individual in connection with his or her
employment or allowances in lieu of reimbursement
and other payments, including-
(a) uniform allowances,
(b) travel and transportation expenses including
mileage allowances,
(c) relocation expenses,
(d) storage expenses,
(e) post differentials,
(f) foreign areas allowances,
(g) education allowances for dependents,
(h) separate maintenance allowances,
(i) post allowances and supplementary post
allowances,
(j) home service transfer allowances,
(k) quarters allowances,
(l) cost-of-living allowances when applicable to
an employee in a foreign area or an employee
stationed outside the continental United
States or in Alaska;
(m) remote worksite allowances, and
(n) per diem allowances.
b. Moneys due a deceased employee obligor are not
subject to garnishment for alimony and/or child
support [per 5 CFR 581.104(i)] where the amounts are
for reimbursement for expenses incurred in connection
with his or her employment or allowances in lieu
thereof, including-
(1) per diem instead of subsistence, mileage, and
amounts due for reimbursement of travel expenses
(including incidental and miscellaneous expenses);
(2) allowances on change of official station;
(3) quarters allowances;
(4) cost-of-living allowance as a result of being
stationed in a foreign area or an area outside the
continental U.S. or in Alaska; and
(5) cash awards for employee suggestions.
c. Exclusions to be made when determining the amount due
from DOE are defined in 5 CFR 581.105 and
5 CFR 582.103, as follows:
(1) withholdings required by law (e.g., Social
Security and Medicare taxes);
(2) Federal, State, or local income tax withholdings
authorized or required by law, if the amounts
withheld are not greater than would be withheld if
the employee claimed all dependents to which he or
she was entitled [NOTE: Pursuant to
26 U.S.C. 3402(i), withholding of additional
amounts may be permitted only when the employee
presents supporting evidence of a tax
obligation.];
(3) health insurance premium withholdings;
(4) normal retirement contributions, except deductions
for supplemental coverage [NOTE: Amounts
contributed under 5 U.S.C. 8351 for the Civil
Service Retirement System and 5 U.S.C. 8432(a) for
the Federal Employees Retirement System to the
Thrift Savings Fund are normal retirement
contributions. Amounts voluntarily contributed
toward additional civil service annuity benefits
are supplemental.];
(5) normal life insurance withholdings such as Basic
Life Federal Employees' Group Life Insurance
premiums (not including deductions for all
Optional Federal Employees' Group Life Insurance
premiums and other life insurance premiums paid
for by allotment);
(6) debts that the employee owes to the United States.
(Exception: When complying with the legal process
for the support of minor children, a debt based on
a levy for income tax under 26 U.S.C. 6331 will
not be excluded if the legal process was entered
prior to the date of the levy.)
NOTE: When complying with the legal process for
commercial garnishment, child support and/or alimony
withholdings are not exclusions.
d. Payments which may be due to an employee at some
future date will not be considered due unless and
until all of the conditions necessary for payment of
the moneys to the employee have been met, including,
but not limited to, the following conditions:
(1) retirement,
(2) resignation, or
(3) application for payment of moneys by the
individual.
6. CONSUMER CREDIT PROTECTION ACT RESTRICTIONS.
a. Aggregate Disposable Earnings. When used
in reference to amounts due from or payable by the
United States or the District of Columbia, which can
be garnished under the Consumer Credit Protection
Act, aggregate disposable earnings are the employee
obligor's remuneration for employment less exclusions
(paragraph 5c, above).
b. Maximum Garnishment Limitations for Child Support
and/or Alimony.
(1) Pursuant to the Consumer Credit Protection Act
[15 U.S.C. 1673(b)(2)(A) and (B)], as amended,
unless a lower maximum garnishment limit is set by
State or local law, aggregate disposable earnings
subject to garnishment will not exceed-
(a) Fifty percent of the aggregate disposable
earnings for a work week-when the employee
obligor provides affidavit or other
acceptable evidence that he or she is
supporting a spouse and/or dependent child
other than those for whom a support order has
been issued.
NOTE: An employee obligor is considered to be
supporting a spouse, dependent child, or both
only if he or she provides over half of the
support for a spouse, dependent child, or
both.
(b) Sixty percent of the aggregate disposable
earnings for any work week-when the employee
obligor fails to assert by affidavit or
provide other acceptable evidence that he or
she is supporting a spouse and/or dependent
child other than those for whom a support
order has been issued.
(c) The percentages in either case (a) or (b)
above will be increased an additional 5
percent when-
1 the legal process appears on its face to
be brought for the enforcement of a
support order for a period which is
12 weeks or more in arrears or
2 a certified copy of a support order or
other evidence acceptable to the
designated agent establishing that
support is 12 weeks or more in arrears
is submitted.
(2) When an employee submits evidence that he or she
is supporting more than one spouse and/or child
under a separate legal process, the designated
agent will send copies of the evidence to the
garnishor or the garnishor's representative and to
the court or other authority with notification
that the employee obligor's support claim will be
honored.
(3) When an employee obligor is receiving remuneration
from more than one government entity, the
limitations described in paragraph 6b(1) apply to
the combined total aggregate disposable earnings.
c. Maximum Limitations for Commercial Garnishments.
Pursuant to the Consumer Credit Protection Act
[15 U.S.C. 1673(a)(1)] and Department of Labor
regulations 29 CFR 870, "Restriction on Garnishment,"
unless a lower maximum garnishment limitation is set by
State or local law, the maximum amount of aggregate
disposable earnings subject to garnishment to enforce a
legal debt other than child support or alimony
[including withholdings to offset administrative costs
per 5 CFR 582.305(k)] will not exceed-
(1) Twenty-five percent of aggregate disposable
earnings for any work week, with the following
limitations.
(a) When an Agency is garnishing 25 percent or
more of an employee's aggregate disposable
earnings to comply with support orders, no
additional amount may be withheld for a
commercial garnishment.
(b) If aggregate disposable earnings for a work
week are less
than 40 times but more than 30 times the Fair
Labor Standards
Act (FLSA) minimum hourly wage, only the
amount above
30 times the FLSA minimum hourly wage can be
garnished.
(c) If aggregate disposable earnings in a work
week are equal to or less than 30 times the
FLSA minimum hourly wage, earnings may not be
garnished in any amount.
(2) State or local law should be construed as
providing a lower maximum limitation where legal
claims may be processed only on a one-at-a-time
basis.
(3) There are no maximum garnishment limits for
Federal, State, or
local tax obligations or for an order of any court
of the United
States having jurisdiction over bankruptcy cases
under 11 U.S.C. Chapter 13.
7. COMPLIANCE WITH PROCESS.
a. Suspension of Pay. Upon proper service of a legal
process and having acquired all supplementary documents
and information as required [see paragraphs 4c(3),
4d(1), (4), and (5), above], the designated agent
will identify the employee obligor and suspend (withhold)
payment of a portion of the employee obligor's pay
for the amount necessary to comply with
the legal process.
b. Notification of Employee Obligor.
(1) As soon as possible and not more than 15 calendar
days after valid service of legal process, the
designated agent will send written notice
containing the following information to the
employee obligor at his or her duty station or
last known home address:
(a) that the legal process has been served,
including a copy of the legal process and
other documents as may be required [see
paragraphs 4d(1), (4), (5), and (6), above];
(b) maximum garnishment limitations for child
support and alimony (see paragraph 6b, above)
with a request that the employee submit
affidavits or other documentation needed to
determine percentage limits;
(c) that by submitting supporting affidavits or
other documentation, the employee consents to
the disclosure of this information to the
garnishor; and
(d) the percentage to be deducted (based on the
legal process and the limitations and
restrictions in this Order) if he or she
fails to submit the documentation necessary
to enable DOE to respond to the legal process
and interrogatories within 30 calendar days
after receipt or within a longer period that
may be prescribed by State or local law.
(NOTE: The written notice to the employee
obligor may include a copy or reference to
this Order to support how the percentage was
determined.)
(2) The designated agent may provide the employee with
copies of documents submitted in support of the
legal process and the following additional
information:
(a) that DOE does not represent the interests of
the employee obligor in the pending legal
proceedings,
(b) that the employee may wish to consult legal
counsel regarding defense to the legal
process, and
(c) that if the employee has applied for or been
granted a DOE access authorization,
garnishment of wages must be reported to the
appropriate personnel security office as
required by DOE O 472.1C, "Personnel Security
Activities."
c. Nonliability for Disclosure.
(1) No Federal employee whose duties include
responding to interrogatories pursuant to
paragraphs 4d(2)(b) and (c) of this Order will be
subject to disciplinary action, civil or criminal
liability, or penalty for disclosing information
pertaining directly or indirectly to answering
these interrogatories.
(2) DOE would not be precluded from taking
disciplinary action against an employee who
consistently or purposely failed to provide
correct information requested in interrogatories.
d. Honoring Legal Process.
(1) Compliance. DOE will comply with legal process,
except when-
(a) the legal process does not on its face
conform to the laws of jurisdiction from
which it was issued,
(b) the legal process would require withholding
funds that are not deemed due from or payable
by DOE as remuneration for employment,
(c) an order has been served on DOE from a court
of competent jurisdiction that enjoins or
suspends operation of the legal process,
(d) the legal process does not comply with
mandatory provisions of this Order,
(e) for commercial garnishments, the process does
not comply with 5 U.S.C. 5520a, or
(f) the legal process is not brought to enforce
legal obligations for alimony and/or child
support.
(2) Appeal by Employee Obligor.
(a) Garnishment Orders for Child Support
and/or Alimony. When DOE receives
notice that the employee obligor has appealed
the legal process or the underlying alimony
and/or child support order, DOE will continue
to withhold the moneys required by the legal
process and payments will be suspended (i.e.,
withheld amounts will be retained by DOE)
until ordered by the court or other authority
to resume payments or otherwise disburse the
suspended amounts.
1 Suspension will not occur when the
applicable law of
the jurisdiction where the appeal is
filed requires compliance with the legal
process while an appeal is pending.
2 When the legal process has been issued
by a court in the District of Columbia,
a motion to quash (set aside or
nullify the action) will be considered
equivalent to an appeal.
(b) Commercial Garnishment. Generally, the filing
of an appeal will not delay processing of
a garnishment action.
1 If the employee obligor establishes to
the satisfaction of DOE that the law in
the jurisdiction which issued the legal
process permits suspending processing
during an appeal and establishes that he
or she has filed an appeal, DOE will
comply with the applicable law of
the jurisdiction and delay or suspend
garnishment processing.
2 DOE will not be required to establish an
escrow account to comply with the legal
process even if the applicable law of
the jurisdiction requires private
employers to do so.
(3) Attorney Fees, Interest, Court Costs, and
Administrative Fees.
(a) Garnishment Orders for Child Support and/or
Alimony. Before withholding moneys for the
payment of attorney fees, interest, and court
costs, DOE must determine that the legal
process meets all of the following
requirements.
1 The legal process must expressly include
attorney fees, interest, and/or court
costs as part of (rather than in
addition to) child support and/or
alimony payments.
2 The awarding of attorney fees, interest,
and/or court costs as child support
and/or alimony must be within the
authority of the court, authorized
official, or State agency that issued
the legal process.
3 It will be considered to be within the
authority of the court, authorized
official, or authorized State agency to
award attorney fees as child support
and/or alimony if the order is not in
violation of or inconsistent with State
or local law even if State or local law
does not expressly provide for such an
award.
(b) Commercial Garnishments.
1 Within 30 days following the collection
of the amount required in the
garnishment order, the creditor may
submit a final statement of interest
that accrued during garnishment, and
provided that the garnishment order
authorizes the collection of such
interest, DOE will process the statement
for payment. The final statement of
interest should be accompanied by a
statement of account showing how the
interest was computed.
2 DOE's administrative costs in executing
a garnishment may be added to the
garnishment amount and DOE
may retain costs recovered as offsetting
collections.
3 An administrative fee may be assessed
for each legal process that is received
and processed, provided that the fee
constitutes the Agency's administrative
costs in executing the garnishment
action.
e. Compliance Exceptions and Liabilities.
(1) Under the circumstances set forth in
paragraph 7d(1) or 7e(7) or when the Justice
Department directs DOE not to comply with a legal
process, DOE will respond directly to the court or
other authority that served the legal process
stating the objections to compliance. In
addition,
(a) DOE will inform the garnishor or the
garnishor's representative that the legal
process will not be honored, and
(b) if litigation is initiated or threatened, DOE
will immediately refer the matter to the
United States Attorney for the district from
which the legal process was issued.
(2) When DOE is served with more than one legal
process to garnish moneys due or payable to one
individual,
(a) alimony and child support will have priority
over any other legal process under State law
against the same income;
(b) moneys will be available to satisfy other
legal processes on a first-come, first-served
basis; and
(c) in no event will the total amount garnished
for any pay or disbursement cycle exceed the
applicable limit set forth in paragraph 6b
for child support and/or alimony and
paragraph 6c for commercial garnishments.
(3) DOE or any disbursing officer will not be liable
for payment made from moneys due from or payable
by DOE to any individual pursuant to legal process
that appears regular on its face if payment is
made in accordance with this Order and 5 CFR 581
(child support and/or alimony) or 5 CFR 582
(commercial garnishments). However,
(a) if through negligence, DOE fails to comply
with the legal process for child support
and/or alimony, DOE will be liable for the
amount that would have been paid if the legal
process had been honored properly, and
(b) for commercial garnishments, neither DOE nor
any disbursing officer will be liable to pay
money damages for failure to comply with the
legal process.
(4) DOE will not vary normal pay or disbursement
cycles to comply with the legal process. However,
(a) when a valid legal process is received too
late to be honored during the disbursement
cycle in which it is received, it will be
honored to the extent possible (see
paragraph 6b and 5 CFR 581.402 for child
support and/or alimony or paragraph 6c and
5 CFR 582.402 for commercial garnishments)
during the next disbursement cycle;
(b) the fact that the legal process may have
expired during the disbursement cycle would
not relieve DOE of its obligation to honor a
legal process that was valid at the time the
court order was served; and
(c) if DOE will owe no further pay to the
employee obligor in the next disbursement
cycle, procedures set forth in
paragraphs 4d(8) and (9), above, will apply.
(5) If DOE receives a legal process which on its face
appears to conform to the laws of the jurisdiction
from which it was issued, DOE will not be required
to ascertain whether the authority which issued
the legal process had obtained personal
jurisdiction over the employee obligor.
(6) For garnishment orders for child support and/or
alimony, failure of the garnishor to comply with
the Revised Uniform Reciprocal Enforcement of
Support Act of 1968 will not, by itself, be a
valid basis for DOE to refuse to comply with a
legal process.
(7) For a commercial garnishment order which on its
face indicates that it has expired or is no longer
valid, the legal process will be considered valid
regardless of the fact that the underlying debt or
judgment arose before the effective date of
5 U.S.C. 5520a.
(8) For commercial garnishments, where an employee
obligor has filed a bankruptcy petition under
11 U.S.C. 301 or 302 or the debtor is named in an
involuntary petition filed under section
11 U.S.C. 303, DOE must cease garnishment
proceedings affected by the automatic stay
provision of 11 U.S.C. 362(a).
(a) An employee obligor should notify DOE
immediately when filing a bankruptcy petition
or is named the debtor in an involuntary
petition.
(b) In order for DOE to determine if the
automatic stay applies, the employee obligor
should provide a copy of the filing or a
letter from counsel stating that the petition
was filed, including-
1 the court and case number,
2 the chapter under which the petition was
filed,
3 whether State or Federal exemptions were
elected, and
4 the nature of the claim underlying the
garnishment
order.
8. RESPONSIBILITIES.
a. Chief Financial Officer or Designee.
(1) Designates agents to accept service of legal
process.
(2) Submits a list of designated agents to OPM.
(3) Makes every reasonable effort to ensure that legal
processes may be validly served on designated
agents.
b. Designated Agents.
(1) Receive, process, and respond to the legal process
documentation within prescribed deadlines.
(2) Request required documentation to support the
legal process and determine withholding
percentages.
(3) Forward the legal process to the General Counsel
for Headquarters or field Chief Counsel
organization for review and concurrence if there
is any doubt as to the authenticity of the legal
process.
c. Office of Counsel for Headquarters or Field Chief
Counsel Organizations.
(1) Review, concur, and provide guidance on legal
processes as requested by designated agents.
(2) Initiate legal action as required under the legal
contingencies cited in paragraph 7d, above.
9. REFERENCES.
a. 5 CFR 581, "Processing Garnishment Orders for Child
Support and/or Alimony," which implements
42 U.S.C. 659, as amended (online at
http://www.access.gpo.gov/nara/cfr/waisidx_03/5cfr581
_03.html).
b. 5 CFR 582, "Commercial Garnishment of Federal
Employees' Pay," which implements 5 U.S.C. 5520a, as
amended (online at
http://www.access.gpo.gov/nara/cfr/waisidx_03/5cfr582
_03.html).
c. 15 U.S.C. 1673, Consumer Credit Protection Act, as
amended, which provides restrictions on the maximum
part of aggregate disposable earnings subject to
garnishment (online at
http://uscode.house.gov/usc.htm).
d. 42 U.S.C. 659, "Consent by United States to Income
Withholding, Garnishment, and Similar Proceedings for
Enforcement of Child Support and Alimony
Obligations," as amended, which provides that
remuneration for employment by the United States or
the District of Columbia to any individual will be
subject to legal process brought for the enforcement
of a legal obligation to provide child support and/or
make alimony payments, as if the United States or the
District of Columbia were a private person (online at
http://uscode.house.gov/usc.htm).
e. 42 U.S.C. 666, "Requirement of statutorily prescribed
procedures to improve effectiveness of child support
enforcement," which describes the procedures for the
withholding of income for child support required to
be in effect by State law (online at
http://uscode.house.gov/usc.htm).
f. 5 U.S.C. 5520a, "Garnishment of Pay," which provides
that pay from an agency to an employee is subject to
the legal process in the same manner and to the same
extent as if the agency were a private entity. This
section does not override 42 U.S.C. 659 (online at
http://uscode.house.gov/usc.htm).
g. Executive Order 12105, "Garnishment of moneys payable
to employees of executive agencies and the District
of Columbia," as amended, which requires appropriate
officials of the executive branch of the Federal
Government to issue rules, regulations, and
directives to implement the regulations of the Office
of Personnel Management for the enforcement of legal
obligations to provide child support or make alimony
payments incurred by employees of the executive
branch (online at
www.archives.gov/federal_register/codification/execut
ive_order/12105.html).
h. Executive Order 12897, "Garnishment of Federal
Employees' Pay," which designates the Office of
Personnel Management to promulgate regulations for
the implementation of 5 U.S.C. 5520a (Garnishment of
Pay) for civilian employees and Agencies in the
executive branch (online at
www.archives.gov/federal_register/executive_orders/pd
f/12897.pdf).
10. DEFINITIONS.
a. Alimony.
(1) Legal obligation to provide periodic payment of
funds for the support and maintenance of a spouse
(or former spouse) subject to and in accordance
with State law, to include-
(a) separate maintenance,
(b) alimony pendente lite (an allowance made
pending a suit for divorce or separate
maintenance, including a reasonable allowance
for preparation of the suit as well as for
support), and
(c) maintenance and spousal support.
(2) Alimony may include attorney fees, interest, and
court costs when and to the extent that those
funds are expressly made recoverable pursuant to a
court decree, order, or judgment issued in
accordance with applicable State law by a court of
competent jurisdiction.
(3) Alimony does not include child support or payment
or transfer of property or its value in compliance
with a community property settlement, equitable
distribution of property, or other division of
property between spouses and former spouses.
b. Child Support. Amounts required under a judgment,
decree, or order, whether temporary, final, or subject to
modification, issued by a court or administrative agency
of competent jurisdiction to be paid for the support and
maintenance of a child.
(1) May include a child who has reached the age of
majority under the law of the issuing state or a
child and the parent with whom the child is
living.
(2) Support and maintenance may include monetary
support, health care, arrearages, or reimbursement
payments and may include other related costs and
fees, interest and penalties, income withholding,
attorney's fees, and other relief.
c. Designated Agent. A DOE employee who is authorized
to receive legal process from a court or administrative agency
of competent jurisdiction, identify the named employee obligor,
and withhold moneys from the pay of an employee and make
the payment of the withholding to a garnishor as
necessary to comply with the legal process.
d. Garnishee. A person against whom process of garnishment is
issued.
e. Garnishment. Any legal or equitable procedure where
employee pay is required to be withheld for the payment
of a debt.
f. Garnishor. A person on whose behalf the process of
garnishment is issued and proper service of legal process
is performed.
g. Interrogatories. Written questions to be submitted
to a party, witness, or other persons having information
of interest in the case.
h. Legal Obligation. A court-ordered requirement to
pay alimony and/or child support
that is enforceable under State or local law. A legal
obligation may include current as well as past due
alimony and/or child support debts
depending on the law in the jurisdiction from which the
legal process was
issued.
i. Legal Process. A writ, order, summons, or notice
to withhold income pursuant to 42 U.S.C. 666(a)(1) or (b)
or 5 U.S.C. 5520a. The process may include an attachment,
writ of execution, court-ordered wage assignment, tax levy
from a State or local government, or child support agency's
submission using the standard order/notice to withhold
income forchild support.
(1) As required by section 324 of the Personal
Responsibility and Work Opportunity Reconciliation
Act of 1996 (Public Law 104-193), the legal
process is issued by-
(a) a court or administrative agency of competent
jurisdiction (including Indian tribal courts)
in a State, territory, or possession of the
United States, or the District of Columbia;
(b) a court of competent jurisdiction in any
foreign country with which the United States
has entered into an agreement that requires
the United States to honor such process; an
authorized official pursuant to an order of a
court or administrative agency of competent
jurisdiction or pursuant to State or local
law; or
(c) a State agency authorized to issue income
withholding notices pursuant to State or
local law or pursuant to the requirements of
42 U.S.C. 666(b).
(2) The legal process directs a governmental entity to
withhold moneys from the pay of an employee and to
make the payment of the withholding to a garnishor
in order to enforce the employee's legal
obligation to pay a specifically described debt or
to provide child support, alimony, or both.
j. Legal Process Regular on Its Face. A process, legal
in form, from a court, an officer,
or any body having authority of law to issue such a
process, and that contains nothing to notify or fairly
apprise anyone that it is issued without authority.
k. Employee Obligor. An individual who has a legal obligation to pay
alimony, child support, or a commercial debt.
l. Remuneration for Employment/Employee Pay.
Compensation paid or payable to an employee for
personal services, whether it is called wages, salary,
commission, or bonus pay and includes but is not
limited to items listed in 5 CFR 581.103 (Child Support
and/or Alimony) or 5 CFR 582.103 (Commercial
Garnishment).
m. Service. The process of serving a writ or summons.
11. . Questions should be directed to the Office of Financial Policy,
202-586-4860.
BY ORDER OF THE SECRETARY OF ENERGY:
KYLE E. McSLARROW
Deputy Secretary
PRIMARY DEPARTMENT OF ENERGY ORGANIZATIONS
TO WHICH DOE O 323.1 IS APPLICABLE
Office of the Secretary
Chief Information Officer
Departmental Representative to the Defense Nuclear Facilities
Safety Board
Energy Information Administration
National Nuclear Security Administration
Office of Civilian Radioactive Waste Management
Office of Congressional and Intergovernmental Affairs
Office of Counterintelligence
Office of Economic Impact and Diversity
Office of Electric Transmission and Distribution
Office of Energy Assurance
Office of Energy Efficiency and Renewable Energy
Office of Environment, Safety and Health
Office of Environmental Management
Office of Fossil Energy
Office of General Counsel
Office of Hearings and Appeals
Office of Independent Oversight and Performance Assurance
Office of Intelligence
Office of Legacy Management
Office of Management, Budget and Evaluation and Chief Financial
Officer
Office of Nuclear Energy, Science and Technology
Office of Policy and International Affairs
Office of Public Affairs
Office of Science
Office of Security
Office of Security and Safety Performance Assurance
Office of the Inspector General
Secretary of Energy Advisory Board
Bonneville Power Administration
Southeastern Power Administration
Southwestern Power Administration
Western Area Power Administration
_______________________________
1Operations offices, service centers, site offices, area offices,
and regional offices of federally staffed laboratories.