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EO 12953Executive OrderClinton · D

Executive Order 12953

Actions Required of all Executive Agencies To Facilitate Payment of Child Support

This executive order directs all federal agencies, including the Uniformed Services, to become model employers in facilitating child support enforcement. It mandates specific actions including wage withholding compliance, service of legal process cooperation, data sharing with state child support agencies, and requires multiple reports and reviews within 60-180 days.

Federal Register Open PDF 60 FR 11013

Impact dates

  1. DOD submits task force report to OMB

  2. OPM/HHS joint recommendations due to OMB

  3. OPM begins annual Federal Register publication of withholding agents

  4. OPM begins annual Federal Register publication of process service officials

  5. Federal agencies report compliance actions and barriers to OMB

  6. Federal agencies review wage withholding procedures

Key directives

  • Review wage withholding procedures for full compliance with 42 U.S.C. 659 within 60 days
  • OPM to publish annual list of agents for withholding notice service beginning July 1, 1995
  • Designate officials to facilitate service of legal process for employees stationed overseas
  • Cooperate with Federal Parent Locator Service with complete, timely, accurate information
  • Annual crossmatch of state delinquent obligor files with federal payroll/personnel files
  • Inform employees of routine crossmatches and voluntary wage withholding
  • Provide annual information to current employees via EAP; new employees at orientation
  • Report compliance actions and barriers to OMB within 90 days
  • DOD to chair interagency task force reviewing Uniformed Services child support policies
  • DOD to submit report with policy/regulatory/legislative recommendations within 180 days
  • OPM and HHS to jointly study and prepare recommendations within 180 days

Who is ordered

Timeline

Immediate

  • All federal agencies must review wage withholding procedures within 60 days
  • Agencies must report compliance actions to OMB within 90 days

Near term (90d)

  • OPM must begin annual Federal Register publication of withholding agents by July 1, 1995
  • DOD task force report due to OMB (180 days)
  • OPM/HHS joint recommendations due to OMB (180 days)

Long term

  • Annual publication requirements for OPM continue indefinitely
  • Potential legislative changes identified through reviews
  • Ongoing crossmatching of delinquent obligors with federal payroll files

Risks & tensions

  • Sovereignty clause (Sec. 502) explicitly preserves federal immunity and rejects state law applicability, potentially creating friction with state enforcement efforts
  • Sec. 503 national security exemption may limit enforcement for certain defense personnel
  • 'To the extent feasible' language in Sec. 301(a) weakens wage withholding mandate
  • Voluntary nature of employee information disclosure may reduce effectiveness
  • Crossmatching requirements depend on state agency data quality and timeliness
Executive Order 12953: Actions Required of all Executive Agencies To Facilitate Payment of Child Support · Executive Orders