[Federal Register: October 3, 1996 (Volume 61, Number 193)]
[Presidential Documents]
[Page 51761-51765]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]

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Part IV

The President

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Executive Order 13019--Supporting Families: Collecting Delinquent Child
Support Obligations

                        Presidential Documents

___________________________________________________________________

Title 3--
The President

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                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)

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                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-

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                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.)<Clinton1><Clinton2>

                THE WHITE HOUSE,

                    September 28, 1996.

[FR Doc. 96-25577
Filed 10-2-96; 9:38 am]
Billing code 3195-01-P