IN THE SENATE OF THE UNITED STATES
September 15, 2014
Mr. Johanns (for himself, Mr. Thune, Mr. Inhofe, Mr. Paul, Mr. Roberts, Mr. Flake, Mr. McConnell, Mrs. Fischer, Mr. Barrasso, and Mr. Enzi) introduced the following bill; which was read twice and referred to the Committee on the Judiciary
To require the Environmental Protection Agency to obtain a court order to garnish wages to pay a nontax debt.
Restriction on garnishment
Section 3720D(a) of title 31, United States Code, is amended—
Notwithstanding and inserting
(1) Except as provided in paragraph (2) and notwithstanding; and
by adding at the end the following:
The Administrator of the Environmental Protection Agency may not garnish the disposable pay of any individual without first obtaining a court order.
The amount deducted under a court order issued under this paragraph for any pay period may not exceed 15 percent of the disposable pay of an individual, except that a greater percentage may be deducted with the written consent of the individual.
If an individual has been reemployed within 1 year after having been involuntarily separated from employment, a court may not order the garnishing of the disposable pay of an individual under this section before the date on which the individual has been reemployed continuously for 1 year.
Effective date; applicability
The amendment made by this section—
shall take effect on the date of enactment of this Act;
shall apply to any action by the Administrator of the Environmental Protection Agency under section 3720D of title 31, United States Code, as in effect on the day before the date of enactment of this Act, seeking to garnish the disposable pay of an individual that is pending on the date of enactment of this Act; and
shall not apply to any garnishment order by the Administrator of the Environmental Protection Agency under section 3720D of title 31, United States Code, as in effect on the day before the date of enactment of this Act, that is final on the date of enactment of this Act.