Executive Order Concerning Child Support Collection
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---------- Forwarded message ----------
Date: Mon, 30 Sep 1996 22:29:55 -0500 (CDT)
From: Men's HOTLINE, <men@menhotline.org>
To: Men's Issues Distribution List, <men@menhotline.org>
Subject: Executive Order Concerning Child Support Collection
Note that there is no mention of sanctions against Title IV-D agencies
that do not follow federal mandates.
Many, perhaps most, obligors who are behind in child support payments
are behind because Title IV-D agencies refuse to obey the 1988 Family
Support Act and modify child support for obligors who have lost their job
or are making less money than they were when the child support obligation
was set.
---------- Forwarded message ----------
Date: Mon, 30 Sep 1996 20:52-0400
From: The White House, <Publications-Admin@WhiteHouse.Gov>
To: Public-Distribution@CLINTON.AI.MIT.EDU
Subject: 1996-09-28 Executive Order Concerning Child Support Collection
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THE WHITE HOUSE
Office of the Press Secretary
For Immediate Release September 28, 1996
EXECUTIVE ORDER
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)
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
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.
Courtesy of Men's HOTLINE, men@menhotline.org
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