[Weekly Compilation of Presidential Documents Volume 32, Number 40 (Monday, October 7, 1996)]
[Pages 1925-1927]
[Online from the Government Publishing Office, www.gpo.gov]

<R04>
Executive Order 13019--Supporting Families: Collecting Delinquent Child 
Support Obligations

September 28, 1996

    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

[[Page 1926]]

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) 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

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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 delinquent 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.
                                            William J. Clinton
The White House,
September 28, 1996.

[Filed with the Office of the Federal Register, 9:38 a.m., October 2, 
1996]

Note: This Executive order was published in the Federal Register on 
October 3.