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Executive Order 13019

Issued by William J. Clinton on Saturday 28 September 1996


Supporting Families: Collecting Delinquent Child Support Obligations

Federal Register, Volume 61 Issue 193 (Thursday, October 3, 1996)

[Federal Register Volume 61, Number 193 (Thursday, October 3, 1996)]
[Presidential Documents]
[Pages 51763-51765]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-25577]



[[Page 51761]]


_______________________________________________________________________

Part IV





The President





_______________________________________________________________________



Executive Order 13019--Supporting Families: Collecting Delinquent Child 
Support Obligations


                        Presidential Documents 



Federal Register / Vol. 61, No. 193 / Thursday, October 3, 1996 / 
Presidential Documents

___________________________________________________________________

Title 3--
The President

[[Page 51763]]

                Executive Order 13019 of September 28, 1996

                
Supporting Families: Collecting Delinquent Child 
                Support
                Obligations

                The Debt Collection Improvement Act of 1996, Public Law 
                104-134 (110 Stat. 1321-358 et seq.), was enacted into 
                law on April 26, 1996, as part of the Omnibus 
                Consolidated Rescissions and Appropriations Act of 
                1996. While the primary purpose of the Debt Collection 
                Improvement Act is to increase the collection of nontax 
                debts owed to the Federal Government, the Act also 
                contains important provisions that can be used to 
                assist families in collecting past-due child support 
                obligations.

                The failure of some parents to meet their child support 
                obligations threatens the health, education, and well-
                being of their children. Compounding this problem, 
                States have experienced difficulties enforcing child 
                support obligations once a parent has moved to another 
                State. With this Executive order, my Administration 
                takes additional steps to support our children and 
                strengthen American families by facilitating the 
                collection of delinquent child support obligations from 
                persons who may be entitled or eligible to receive 
                certain Federal payments or Federal assistance.

                Accordingly, by the authority vested in me as President 
                by the Constitution and the laws of the United States 
                of America, it is hereby ordered as follows:

                Section 1. Administrative Offsets. (a)(1) The Secretary 
                of the Treasury (``the Secretary''), in accordance with 
                the provisions of the Debt Collection Improvement Act 
                of 1996 and to the extent permitted by law, and in 
                consultation with the Secretary of Health and Human 
                Services and other affected agencies, shall promptly 
                develop and implement procedures necessary for the 
                Secretary to collect past-due child support debts by 
                administrative offset, and shall issue such rules, 
                regulations, and procedures as the Secretary, in 
                consultation with the heads of affected agencies, deems 
                appropriate to govern administrative offsets by the 
                Department of the Treasury and other executive 
                departments and agencies that disburse Federal 
                payments.

                    (2) The Secretary may enter into reciprocal 
                agreements with States concerning the collection by the 
                Secretary of delinquent child support debts through 
                administrative offsets.
                    (b) The Secretary of Health and Human Services 
                shall, within 120 days of the date of this order, 
                implement procedures necessary to report to the 
                Secretary of the Treasury information on past-due child 
                support claims referred by States (including claims 
                enforced by States pursuant to cooperative agreements 
                with or by Indian tribal governments) to the Department 
                of Health and Human Services.
                    (c) The head of each executive department and 
                agency that certifies payments to the Secretary or to 
                another disbursing official shall review each class of 
                payments that the department or agency certifies to 
                determine if any such class should be exempt from 
                offset and, if any class is so identified, submit to 
                the Secretary a request for such an exemption together 
                with the reasons therefor. With respect to classes of 
                payments under means-tested programs existing on the 
                date of this order, such submission shall be made 
                within 30 days of the date of this order. With respect 
                to classes of payments other than payments under means-
                tested programs existing on the date of this order, 
                such submissions shall be made within 30 days of the 
                date the Secretary establishes standards pursuant to 
                section 3716(c)(3)

[[Page 51764]]

                of title 31, United States Code. With respect to a 
                class of payments established after the date of this 
                order, such submissions shall be made not later than 30 
                days after such class is established.
                    (d) The head of each executive department and 
                agency that certifies payments to the Secretary shall 
                promptly implement any rule, regulation, or procedure 
                issued by the Secretary pursuant to this section.
                    (e) The head of each executive department and 
                agency that is authorized by law to disburse payments 
                shall promptly implement any rule, regulation, or 
                procedure issued by the Secretary pursuant to this 
                section and shall:
                     (1) match, consistent with computer privacy 
                matching laws, the payment certification records of 
                such department or agency with records of persons 
                delinquent in child support payments as directed by the 
                Secretary; and
                     (2) conduct administrative offsets to collect 
                delinquent child support payments.
                    (f) The Secretary shall, to the extent permitted by 
                law, share with the Secretary of Health and Human 
                Services any information contained in payment 
                certification records of persons who are delinquent in 
                child support obligations that would assist in the 
                collection of such debts, whether or not an 
                administrative offset is conducted.

                Sec. 2. Denial of Federal Assistance. (a) The Secretary 
                shall, to the extent permitted by law, ensure that 
                information concerning individuals whose payments are 
                subject to administrative offset because of delinquent 
                child support obligations is made available to the head 
                of each executive department and agency that provides 
                Federal financial assistance to individuals.

                    (b) In conformance with section 2(e) of this order, 
                the head of each executive department and agency shall, 
                with respect to any individuals whose payments are 
                subject to administrative offset because of a 
                delinquent child support obligation, promptly implement 
                procedures to deny Federal financial assistance to such 
                individuals.
                    (c) The Attorney General, in consultation with the 
                Secretary of Health and Human Services and other 
                affected agencies, shall promptly issue guidelines for 
                departments and agencies concerning minimum due-process 
                standards to be included in the procedures required by 
                subsection (b) of this section.
                    (d) For purposes of this section, Federal financial 
                assistance means any Federal loan (other than a 
                disaster loan), loan guarantee, or loan insurance.
                    (e)(1) A class of Federal financial assistance 
                shall not be subject to denial if the head of the 
                concerned department or agency determines:
                     (A) in consultation with the Attorney General and 
                the Secretary of Health and Human Services, that such 
                action:
                     (i) is not permitted by law; or
                     (ii) would likely result in valid legal claims for 
                damages against the United States;
                     (B) that such action would be inconsistent with 
                the best interests of the child or children with 
                respect to whom a child support obligation is owed; or
                     (C) that such action should be waived.
                    (2) The head of each executive department and 
                agency shall provide written notification to the 
                Secretary upon determining that the denial of a class 
                of Federal financial assistance is not permitted by law 
                or should be waived.
                    (f) The head of each executive department and 
                agency shall:
                     (1) review all laws under the jurisdiction of the 
                department or agency that do not permit the denial of 
                Federal financial assistance to individuals and whose 
                payments are subject to administrative offset because 
                of a delin-

[[Page 51765]]

                quent child support obligation and, where appropriate, 
                transmit to the Director of the Office of Management 
                and Budget recommendations for statutory changes; and
                     (2) to the extent practicable, review all rules, 
                regulations, and procedures implementing laws under the 
                jurisdiction of the department or agency governing the 
                provision of any Federal financial assistance to 
                individuals and, where appropriate, conform such rules, 
                regulations, and procedures to the provisions of this 
                order and the rules, regulations, and procedures issued 
                by the Secretary pursuant to section 1 of this order.

                Sec. 3. Reports. (a) The head of each executive 
                department and agency shall provide to the Secretary 
                such information as the Secretary may request 
                concerning the implementation of this order, the 
                provisions of the Debt Collection Improvement Act of 
                1996 applicable to delinquent child support 
                obligations, and the rules, regulations, and procedures 
                issued by the Secretary pursuant to section 1 of this 
                order.

                    (b) The Secretary shall report annually to the 
                President concerning the implementation by departments 
                and agencies of this order and the provisions of the 
                Debt Collection Improvement Act of 1996 applicable to 
                delinquent child support obligations.

                Sec. 4. Judicial Review. This order does not create any 
                right or benefit, substantive or procedural, 
                enforceable at law by a party against the United 
                States, its agencies, its officers, or any person.

                    (Presidential Sig.)

                THE WHITE HOUSE,

                    September 28, 1996.

[FR Doc. 96-25577
Filed 10-2-96; 9:38 am]
Billing code 3195-01-P


Citation: 61 FR 51763
 

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