Thursday 

October 3, 1996 

federal register
 Part IV 

The President


Executive Order 13019—Supporting 

Families: Collecting Delinquent Child 

Support Obligations 

51761 

51763


Federal Register Presidential Documents 

Vol. 61, No. 193 

Thursday, October 3, 1996 

Title 3—


The President


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 meanstested 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) 
51764 Federal Register / Vol. 61, No. 193 / Thursday, October 3, 1996 / Presidential Documents 

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

œ– 

THE WHITE HOUSE, 

September 28, 1996. [FR Doc. 96–25577 

Filed 10–2–96; 9:38 am] 

Billing code 3195–01–P