[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
