Government operations and workforce

Executive Order 12897: Garnishment of Federal Employees' Pay

President: Bill Clinton

Assigned OPM and the Postal Service responsibility for regulations implementing court-ordered commercial garnishment of federal civilian pay; the framework remains in use.

Status: In effect. Is Executive Order 12897 still in effect? Yes. Executive Order 12897 remains in effect. See Federal Register record.

What does Executive Order 12897 do?

EO 12897 implemented 5 U.S.C. § 5520a by designating OPM, after consultation with the Attorney General, to issue commercial-garnishment regulations for executive-branch civilian employees and agencies. It separately designated the Postmaster General for Postal Service employees. Current 5 C.F.R. part 582 contains the executive-branch process, including service of legal process, disposable-pay limits and agency responsibilities.

Administration position: The order made federal civilian pay reachable under qualifying legal process on rules comparable to other employers. It did not decide whether any individual debt or garnishment is valid.
SignedFebruary 3, 1994
Executive-branch regulatorOffice of Personnel Management
Postal regulatorPostmaster General

Before and after

Before the order

Congress had added § 5520a but presidential designation was required for the implementing regulations.

After the order

OPM and the Postal Service could prescribe procedures for processing qualifying commercial garnishment orders.

Who had to do what

Agency / officeActionTiming / position
OPMIssue executive-branch garnishment regulations in consultation with JusticeUnder § 5520a
Postmaster GeneralIssue corresponding Postal Service regulationsUnder § 5520a
Employing agenciesProcess valid legal process under the regulationsWhen served

What happened next

Public Law 103-94 added 5 U.S.C. § 5520a.

EO 12897 assigned rulemaking responsibility.

OPM forms and 5 C.F.R. part 582 continued to implement commercial garnishment.