42 U.S.C. § 659 — Consent by United States to income with-

Page 2326 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 659 ‘‘(B) REPORTS TO THE CONGRESS.— ‘‘(i) REPORT ON VARIATIONS IN STATE PERFORMANCE ATTRIBUTABLE TO DEMOGRAPHIC VARIABLES.—Not later than October 1, 2000, the Secretary shall sub- mit to the Congress a report that identifies any de- mographic or economic variables that account for differences in the performance levels achieved by the States with respect to the performance meas- ures used in the system, and contains the rec- ommendations of the Secretary for such adjust- ments to the system as may be necessary to ensure that the relative performance of States is measured from a baseline that takes account of any such variables. ‘‘(ii) INTERIM REPORT.—Not later than March 1, 2001, the Secretary shall submit to the Congress an interim report that contains the findings of the study required by subparagraph (A). ‘‘(iii) FINAL REPORT.—Not later than October 1, 2003, the Secretary shall submit to the Congress a final report that contains the final findings of the study required by subparagraph (A). The report shall include any recommendations for changes in the system that the Secretary determines would improve the operation of the child support enforce- ment program. ‘‘(2) DEVELOPMENT OF MEDICAL SUPPORT INCENTIVE.— ‘‘(A) IN GENERAL.—The Secretary of Health and Human Services, in consultation with State directors of programs operated under part D of title IV of the Social Security Act [42 U.S.C. 651 et seq.] and rep- resentatives of children potentially eligible for med- ical support, shall develop a performance measure based on the effectiveness of States in establishing and enforcing medical support obligations, and shall make recommendations for the incorporation of the measure, in a revenue neutral manner, into the in- centive payment system established by section 458A [now 458] of the Social Security Act [42 U.S.C. 658a]. ‘‘(B) REPORT.—Not later than October 1, 1999, the Secretary shall submit to the Congress a report that describes the performance measure and contains the recommendations required by subparagraph (A).’’ § 659. Consent by United States to income with- holding, garnishment, and similar pro- ceedings for enforcement of child support and alimony obligations (a) Consent to support enforcement Notwithstanding any other provision of law (including section 407 of this title and section 5301 of title 38), effective January 1, 1975, moneys (the entitlement to which is based upon remu- neration for employment) due from, or payable by, the United States or the District of Colum- bia (including any agency, subdivision, or in- strumentality thereof) to any individual, includ- ing members of the Armed Forces of the United States, shall be subject, in like manner and to the same extent as if the United States or the District of Columbia were a private person, to withholding in accordance with State law en- acted pursuant to subsections (a)(1) and (b) of section 666 of this title and regulations of the Secretary under such subsections, and to any other legal process brought, by a State agency administering a program under a State plan ap- proved under this part or by an individual obli- gee, to enforce the legal obligation of the indi- vidual to provide child support or alimony. (b) Consent to requirements applicable to pri- vate person With respect to notice to withhold income pursuant to subsection (a)(1) or (b) of section 666 of this title, or any other order or process to en- force support obligations against an individual (if the order or process contains or is accom- panied by sufficient data to permit prompt iden- tification of the individual and the moneys in- volved), each governmental entity specified in subsection (a) shall be subject to the same re- quirements as would apply if the entity were a private person, except as otherwise provided in this section. (c) Designation of agent; response to notice or process (1) Designation of agent The head of each agency subject to this sec- tion shall— (A) designate an agent or agents to receive orders and accept service of process in mat- ters relating to child support or alimony; and (B) annually publish in the Federal Reg- ister the designation of the agent or agents, identified by title or position, mailing ad- dress, and telephone number. (2) Response to notice or process If an agent designated pursuant to para- graph (1) of this subsection receives notice pursuant to State procedures in effect pursu- ant to subsection (a)(1) or (b) of section 666 of this title, or is effectively served with any order, process, or interrogatory, with respect to an individual’s child support or alimony payment obligations, the agent shall— (A) as soon as possible (but not later than 15 days) thereafter, send written notice of the notice or service (together with a copy of the notice or service) to the individual at the duty station or last-known home address of the individual; (B) within 30 days (or such longer period as may be prescribed by applicable State law) after receipt of a notice pursuant to such State procedures, comply with all applicable provisions of section 666 of this title; and (C) within 30 days (or such longer period as may be prescribed by applicable State law) after effective service of any other such order, process, or interrogatory, withhold available sums in response to the order or process, or answer the interrogatory. (d) Priority of claims If a governmental entity specified in sub- section (a) receives notice or is served with proc- ess, as provided in this section, concerning amounts owed by an individual to more than 1 person— (1) support collection under section 666(b) of this title must be given priority over any other process, as provided in section 666(b)(7) of this title; (2) allocation of moneys due or payable to an individual among claimants under section 666(b) of this title shall be governed by section 666(b) of this title and the regulations pre- scribed under such section; and (3) such moneys as remain after compliance with paragraphs (1) and (2) shall be available to satisfy any other such processes on a first- come, first-served basis, with any such process being satisfied out of such moneys as remain Page 2327 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 659 1 So in original. The comma probably should be a semicolon. after the satisfaction of all such processes which have been previously served. (e) No requirement to vary pay cycles A governmental entity that is affected by legal process served for the enforcement of an individual’s child support or alimony payment obligations shall not be required to vary its nor- mal pay and disbursement cycle in order to com- ply with the legal process. (f) Relief from liability (1) Neither the United States, nor the govern- ment of the District of Columbia, nor any dis- bursing officer shall be liable with respect to any payment made from moneys due or payable from the United States to any individual pursu- ant to legal process regular on its face, if the payment is made in accordance with this section and the regulations issued to carry out this sec- tion. (2) No Federal employee whose duties include taking actions necessary to comply with the re- quirements of subsection (a) with regard to any individual shall be subject under any law to any disciplinary action or civil or criminal liability or penalty for, or on account of, any disclosure of information made by the employee in connec- tion with the carrying out of such actions. (g) Regulations Authority to promulgate regulations for the implementation of this section shall, insofar as this section applies to moneys due from (or pay- able by)— (1) the United States (other than the legisla- tive or judicial branches of the Federal Gov- ernment) or the government of the District of Columbia, be vested in the President (or the designee of the President); (2) the legislative branch of the Federal Gov- ernment, be vested jointly in the President pro tempore of the Senate and the Speaker of the House of Representatives (or their des- ignees),1 and (3) the judicial branch of the Federal Gov- ernment, be vested in the Chief Justice of the United States (or the designee of the Chief Justice). (h) Moneys subject to process (1) In general Subject to paragraph (2), moneys payable to an individual which are considered to be based upon remuneration for employment, for pur- poses of this section— (A) consist of— (i) compensation payable for personal services of the individual, whether the compensation is denominated as wages, salary, commission, bonus, pay, allow- ances, or otherwise (including severance pay, sick pay, and incentive pay); (ii) periodic benefits (including a peri- odic benefit as defined in section 428(h)(3) of this title) or other payments— (I) under the insurance system estab- lished by subchapter II; (II) under any other system or fund es- tablished by the United States which provides for the payment of pensions, re- tirement or retired pay, annuities, de- pendents’ or survivors’ benefits, or simi- lar amounts payable on account of per- sonal services performed by the indi- vidual or any other individual; (III) as compensation for death under any Federal program; (IV) under any Federal program estab- lished to provide ‘‘black lung’’ benefits; or (V) by the Secretary of Veterans Af- fairs as compensation for a service-con- nected disability paid by the Secretary to a former member of the Armed Forces who is in receipt of retired or retainer pay if the former member has waived a portion of the retired or retainer pay in order to receive such compensation; (iii) worker’s compensation benefits paid or payable under Federal or State law; (iv) benefits paid or payable under the Railroad Retirement System,1 and (v) special benefits for certain World War II veterans payable under subchapter VIII; but (B) do not include any payment— (i) by way of reimbursement or other- wise, to defray expenses incurred by the individual in carrying out duties associ- ated with the employment of the indi- vidual; (ii) as allowances for members of the uniformed services payable pursuant to chapter 7 of title 37, as prescribed by the Secretaries concerned (defined by section 101(5) of title 37) as necessary for the effi- cient performance of duty; or (iii) of periodic benefits under title 38, except as provided in subparagraph (A)(ii)(V). (2) Certain amounts excluded In determining the amount of any moneys due from, or payable by, the United States to any individual, there shall be excluded amounts which— (A) are owed by the individual to the United States; (B) are required by law to be, and are, de- ducted from the remuneration or other pay- ment involved, including Federal employ- ment taxes, and fines and forfeitures ordered by court-martial; (C) are properly withheld for Federal, State, or local income tax purposes, if the withholding of the amounts is authorized or required by law and if amounts withheld are not greater than would be the case if the in- dividual claimed all dependents to which he was entitled (the withholding of additional amounts pursuant to section 3402(i) of the Internal Revenue Code of 1986 may be per- mitted only when the individual presents evidence of a tax obligation which supports the additional withholding); (D) are deducted as health insurance pre- miums; (E) are deducted as normal retirement con- tributions (not including amounts deducted for supplementary coverage); or Page 2328 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 659 (F) are deducted as normal life insurance premiums from salary or other remunera- tion for employment (not including amounts deducted for supplementary coverage). (i) Definitions For purposes of this section— (1) United States The term ‘‘United States’’ includes any de- partment, agency, or instrumentality of the legislative, judicial, or executive branch of the Federal Government, the United States Postal Service, the Postal Regulatory Commission, any Federal corporation created by an Act of Congress that is wholly owned by the Federal Government, and the governments of the ter- ritories and possessions of the United States. (2) Child support The term ‘‘child support’’, when used in ref- erence to the legal obligations of an individual to provide such support, means amounts re- quired to be paid under a judgment, decree, or order, whether temporary, final, or subject to modification, issued by a court or an adminis- trative agency of competent jurisdiction, for the support and maintenance of a child, in- cluding a child who has attained the age of majority under the law of the issuing State, or a child and the parent with whom the child is living, which provides for monetary support, health care, arrearages or reimbursement, and which may include other related costs and fees, interest and penalties, income with- holding, attorney’s fees, and other relief. (3) Alimony (A) In general The term ‘‘alimony’’, when used in ref- erence to the legal obligations of an indi- vidual to provide the same, means periodic payments of funds for the support and main- tenance of the spouse (or former spouse) of the individual, and (subject to and in accord- ance with State law) includes separate main- tenance, alimony pendente lite, mainte- nance, and spousal support, and includes at- torney’s fees, interest, and court costs when and to the extent that the same are ex- pressly made recoverable as such pursuant to a decree, order, or judgment issued in ac- cordance with applicable State law by a court of competent jurisdiction. (B) Exceptions Such term does not include— (i) any child support; or (ii) any payment or transfer of property or its value by an individual to the spouse or a former spouse of the individual in compliance with any community property settlement, equitable distribution of prop- erty, or other division of property between spouses or former spouses. (4) Private person The term ‘‘private person’’ means a person who does not have sovereign or other special immunity or privilege which causes the person not to be subject to legal process. (5) Legal process The term ‘‘legal process’’ means any writ, order, summons, or other similar process in the nature of garnishment— (A) which is issued by— (i) a court or an administrative agency of competent jurisdiction in any State, territory, or possession of the United States; (ii) a court or an administrative agency of competent jurisdiction in any foreign country with which the United States has entered into an agreement which requires the United States to honor the process; or (iii) an authorized official pursuant to an order of such a court or an administrative agency of competent jurisdiction or pursu- ant to State or local law; and (B) which is directed to, and the purpose of which is to compel, a governmental entity which holds moneys which are otherwise payable to an individual to make a payment from the moneys to another party in order to satisfy a legal obligation of the individual to provide child support or make alimony payments. (Aug. 14, 1935, ch. 531, title IV, § 459, as added Pub. L. 93–647, § 101(a), Jan. 4, 1975, 88 Stat. 2357; amended Pub. L. 95–30, title V, § 501(a), (b), May 23, 1977, 91 Stat. 157; Pub. L. 98–21, title III, § 335(b)(1), Apr. 20, 1983, 97 Stat. 130; Pub. L. 104–193, title III, § 362(a), Aug. 22, 1996, 110 Stat. 2242; Pub. L. 105–33, title V, § 5542(a), (b), Aug. 5, 1997, 111 Stat. 631; Pub. L. 106–169, title II, § 251(b)(3), Dec. 14, 1999, 113 Stat. 1855; Pub. L. 109–435, title VI, § 604(f), Dec. 20, 2006, 120 Stat. 3242.) Editorial Notes REFERENCES IN TEXT The Internal Revenue Code of 1986, referred to in sub- sec. (h)(2)(C), is classified generally to Title 26, Internal Revenue Code. AMENDMENTS 2006—Subsec. (i)(1). Pub. L. 109–435 substituted ‘‘Post- al Regulatory Commission’’ for ‘‘Postal Rate Commis- sion’’. 1999—Subsec. (h)(1)(A)(v). Pub. L. 106–169 added cl. (v). 1997—Subsec. (c)(2)(C). Pub. L. 105–33, § 5542(a), sub- stituted ‘‘withhold available sums in response to the order or process, or answer the interrogatory’’ for ‘‘re- spond to the order, process, or interrogatory’’. Subsec. (h)(1). Pub. L. 105–33, § 5542(b)(1), struck out ‘‘paid or’’ after ‘‘moneys’’ in introductory provisions. Subsec. (h)(1)(A)(i). Pub. L. 105–33, § 5542(b)(1), struck out ‘‘paid or’’ before ‘‘payable’’. Subsec. (h)(1)(A)(iii). Pub. L. 105–33, § 5542(b)(2)(B)(i), inserted ‘‘or payable’’ after ‘‘paid’’. Subsec. (h)(1)(A)(iv). Pub. L. 105–33, § 5542(b)(2)(A), (B)(ii), (C), added cl. (iv). Subsec. (h)(1)(B)(iii). Pub. L. 105–33, § 5542(b)(3), added cl. (iii). 1996—Pub. L. 104–193 amended section catchline and text generally. Prior to amendment, text consisted of subsecs. (a) to (f) relating to use of legal process to col- lect money payable to an individual as remuneration for employment by the United States or the District of Columbia for purpose of enforcing individual’s legal ob- ligation to provide child support or make alimony pay- ments. 1983—Subsec. (a). Pub. L. 98–21 inserted reference to section 407 of this title. Page 2329 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 659 1977—Subsec. (a). Pub. L. 95–30, § 501(a), (b)(1), des- ignated existing provisions as subsec. (a) and sub- stituted ‘‘or the District of Columbia (including any agency, subdivision, or instrumentality thereof)’’ for ‘‘(including any agency or instrumentality thereof and any wholly owned Federal Corporation)’’ and ‘‘as if the United States or the District of Columbia were a pri- vate person’’ for ‘‘as if the United States were a private person’’. Subsecs. (b) to (f). Pub. L. 95–30, § 501(b)(2), added sub- secs. (b) to (f). Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 1997 AMENDMENT Amendment by Pub. L. 105–33 effective as if included in the enactment of title III of the Personal Responsi- bility and Work Opportunity Reconciliation Act of 1996, Pub. L. 104–193, see section 5557 of Pub. L. 105–33, set out as a note under section 608 of this title. EFFECTIVE DATE OF 1996 AMENDMENT Pub. L. 104–193, title III, § 362(d), Aug. 22, 1996, 110 Stat. 2247, provided that: ‘‘The amendments made by this section [amending this section, section 5520a of Title 5, Government Organization and Employees, and section 1408 of Title 10, Armed Forces, and repealing sections 661 and 662 of this title] shall become effective 6 months after the date of the enactment of this Act [Aug. 22, 1996].’’ For provisions relating to effective date of title III of Pub. L. 104–193, see section 395(a)–(c) of Pub. L. 104–193, set out as a note under section 654 of this title. Executive Documents EXECUTIVE ORDER NO. 11881 Ex. Ord. No. 11881, Oct. 3, 1975, 40 F.R. 46291, which re- lated to the delegation of authority to issue regula- tions for the implementation of the provisions of this section, was revoked by Ex. Ord. No. 12105, Dec. 19, 1978, 43 F.R. 59465, set out as a note below. EX. ORD. NO. 12105. DELEGATION OF AUTHORITY TO PROMULGATE REGULATIONS Ex. Ord. No. 12105, Dec. 19, 1978, 43 F.R. 59465, as amended by Ex. Ord. No. 12107, Dec. 28, 1978, 44 F.R. 1055, provided: By virtue of the authority vested in me by Section 461(a)(1) of the Social Security Act, as added by Section 501(c) of the Tax Reduction and Simplification Act of 1977 (Public Law 95–30, 91 Stat. 158, 42 U.S.C. 661(a)(1)), and Section 301 of Title 3 of the United States Code, and as President of the United States of America, in order to provide for the enforcement of legal obliga- tions to provide child support or make alimony pay- ments incurred by employees of the Executive branch, it is hereby ordered as follows: 1–1. DELEGATION OF AUTHORITY 1–101. The Office of Personnel Management, in con- sultation with the Attorney General, the Secretary of Defense with respect to members of the armed forces, and the Mayor of the District of Columbia with respect to employees of the Government thereof, is authorized to promulgate regulations for the uniform implementa- tion of Section 459 of the Social Security Act, as amended (42 U.S.C. 659), hereinafter referred to as the Act. 1–102. The regulations promulgated by the Office of Personnel Management pursuant to this Order shall: (a) Be applicable to the Executive branch of the Gov- ernment as defined in Section 461(a)(1) of the Act (42 U.S.C. 661(a)(1)). (b) Require the appropriate officials of the Executive branch of the Government to take the actions pre- scribed by Sections 461(b)(1), 461(b)(3)(A) and 461(c) of the Act (42 U.S.C. 661(b)(1), 661(b)(3)(A) and 661(c)). (c) Require the appropriate officials of the Executive branch of the Government to issue such rules, regula- tions and directives as are necessary to implement the regulations of the Office of Personnel Management. 1–2. REVOCATIONS 1–201. Executive Order No. 11881 of October 3, 1975 is revoked. 1–202. All regulations, directives, or actions taken by the Office of Personnel Management pursuant to Exec- utive Order No. 11881 of October 3, 1975 shall remain in effect until modified, superseded or revoked by the Of- fice of Personnel Management pursuant to this Order. JIMMY CARTER. EX. ORD. NO. 12953. ACTIONS REQUIRED OF ALL EXECUTIVE AGENCIES TO FACILITATE PAYMENT OF CHILD SUPPORT Ex. Ord. No. 12953, Feb. 27, 1995, 60 F.R. 11013, pro- vided: Children need and deserve the emotional and finan- cial support of both their parents. The Federal Government requires States and, through them, public and private employers to take ac- tions necessary to ensure that monies in payment of child support obligations are withheld and transferred to the child’s caretaker in an efficient and expeditious manner. The Federal Government, through its civilian em- ployees and Uniformed Services members, is the Na- tion’s largest single employer and as such should set an example of leadership and encouragement in ensuring that all children are properly supported. NOW, THEREFORE, by the authority vested in me as President by the Constitution and the laws of the United States of America, including section 301 of title 3, United States Code, it is hereby ordered as follows: PART I—PURPOSE SECTION 101. This executive order: (a) Establishes the executive branch of the Federal Government, through its civilian employees and Uniformed Services mem- bers, as a model employer in promoting and facilitating the establishment and enforcement of child support. (b) Requires all Federal agencies, including the Uni- formed Services, to cooperate fully in efforts to estab- lish paternity and child support orders and to enforce the collection of child and medical support in all situa- tions where such actions may be required. (c) Requires each Federal agency, including the Uni- formed Services, to provide information to its employ- ees and members about actions that they should take and services that are available to ensure that their children are provided the support to which they are le- gally entitled. PART 2—DEFINITIONS For purposes of this order: SEC. 201. ‘‘Federal agency’’ means any authority as defined at 5 U.S.C. 105, including the Uniformed Serv- ices, as defined in section 202 of this order. SEC. 202. ‘‘Uniformed Services’’ means the Army, Navy, Marine Corps, Air Force, Coast Guard, and the Commissioned Corps of the National Oceanic and At- mospheric Administration, and the Public Health Serv- ice. SEC. 203. ‘‘Child support enforcement’’ means any ad- ministrative or judicial action by a court or adminis- trative entity of a State necessary to establish pater- nity or establish a child support order, including a medical support order, and any actions necessary to en- force a child support or medical support order. Child support actions may be brought under the civil or criminal laws of a State and are not limited to actions brought on behalf of the State or individual by State agencies providing services under title IV-D of the So- cial Security Act, 42 U.S.C. 651 et seq. SEC. 204. ‘‘State’’ means any of the fifty States, the District of Columbia, the territories, the possessions, and the Commonwealths of Puerto Rico and of the Mar- iana Islands. Page 2330 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 659 PART 3—IMMEDIATE ACTIONS TO ENSURE CHILDREN ARE SUPPORTED BY THEIR PARENTS SEC. 301. Wage Withholding. (a) Within 60 days from the date of this order, every Federal agency shall re- view its procedures for wage withholding under 42 U.S.C. 659 and implementing regulations to ensure that it is in full compliance with the requirements of that section, and shall endeavor, to the extent feasible, to process wage withholding actions consistent with the requirements of 42 U.S.C. 666(b). (b) Beginning no later than July 1, 1995, the Director of the Office of Personnel Management (OPM) shall publish annually in the Federal Register the list of agents (and their addresses) designated to receive serv- ice of withholding notices for Federal employees. SEC. 302. Service of Legal Process. Every Federal agen- cy shall assist in the service of legal process in civil ac- tions pursuant to orders of courts of States to establish paternity and establish or enforce a support obligation by making Federal employees and members of the Uni- formed Services stationed outside the United States available for the service of process. Each agency shall designate an official who shall be responsible for facili- tating a Federal employee’s or member’s availability for service of process, regardless of the location of the employee’s workplace or member’s duty station. The OPM shall publish a list of these officials annually in the Federal Register, beginning no later than July 1, 1995. SEC. 303. Federal Parent Locator. Every Federal agency shall cooperate with the Federal Parent Locator Serv- ice, established under 42 U.S.C. 653, by providing com- plete, timely and accurate information that will assist in locating noncustodial parents and their employers. SEC. 304. Crossmatch for Delinquent Obligors. (a) The master file of delinquent obligors that each State child support enforcement agency submits to the Internal Revenue Service for Federal income tax refund offset purposes shall be matched at least annually with the payroll or personnel files of Federal agencies in order to determine if there are any Federal employees with child support delinquencies. The list of matches shall be forwarded to the appropriate State child support en- forcement agency to determine, in each instance, whether wage withholding or other enforcement ac- tions should be commenced. All matches will be per- formed in accordance with 5 U.S.C. 552a(o)–(u). (b) All Federal agencies shall inform current and pro- spective employees that crossmatches are routinely made between Federal personnel records and State records on individuals who owe child support, and in- form employees how to initiate voluntary wage with- holding requests. SEC. 305. Availability of Service. All Federal agencies shall advise current and prospective employees of serv- ices authorized under title IV-D of the Social Security Act [42 U.S.C. 651 et seq.] that are available through the States. At a minimum, information shall be provided annually to current employees through the Employee Assistance Program, or similar programs, and to new employees during routine orientation. SEC. 306. Report on Actions Taken. Within 90 days of the date of this order, all Federal agencies shall report to the Director of the Office of Management and Budget (OMB) on the actions they have taken to comply with this order and any statutory, regulatory, and adminis- trative barriers that hinder them from complying with the requirements of part 3 of this order. PART 4—ADDITIONAL ACTIONS SEC. 401. Additional Review for the Uniformed Services. (a) In addition to the requirements outlined above, the Secretary of the Department of Defense (DOD) will chair a task force, with participation by the Depart- ment of Health and Human Services (HHS), the Depart- ment of Commerce, and the Department of Transpor- tation, that shall conduct a full review of current poli- cies and practices within the Uniformed Services to en- sure that children of Uniformed Services personnel are provided financial and medical support in the same manner and within the same time frames as is man- dated for all other children due such support. This re- view shall include, but not be limited to, issues related to withholding non-custodial parents’ wages, service of legal process, activities to locate parents and their in- come and assets, release time to attend civil paternity and support proceedings, and health insurance coverage under the Civilian Health and Medical Program of the Uniformed Services (CHAMPUS). All relevant existing statutes, including the Soldiers[’] and Sailors[’] Civil Relief Act of 1940 [now Servicemembers Civil Relief Act] [50 U.S.C. 3901 et seq.], the Uniformed Services Former Spouses[’] Protection Act [see Short Title of 1982 Amendment note set out under section 1401 of Title 10, Armed Forces], and the Tax Equity and Fiscal Re- sponsibility Act of 1982 [Pub. L. 97–248, see Tables for classification], shall be reviewed and appropriate legis- lative modifications shall be identified. (b) Within 180 days of the date of this order, DOD shall submit to OMB a report based on this review. The report shall recommend additional policy, regulatory and legislative changes that would improve and en- hance the Federal Government’s commitment to ensur- ing parental support for all children. SEC. 402. Additional Federal Agency Actions. (a) OPM and HHS shall jointly study and prepare recommenda- tions concerning additional administrative, regulatory, and legislative improvements in the policies and proce- dures of Federal agencies affecting child support en- forcement. Other agencies shall be included in the de- velopment of recommendations for specific items as ap- propriate. The recommendations shall address, among other things: (i) any changes that would be needed to ensure that Federal employees comply with child support orders that require them to provide health insurance coverage for their children; (ii) changes needed to ensure that more accurate and up-to-date data about civilian and uniformed personnel who are being sought in conjunction with State pater- nity or child support actions can be obtained from Fed- eral agencies and their payroll and personnel records, to improve efforts to locate noncustodial parents and their income and assets; (iii) changes needed for selecting Federal agencies to test and evaluate new approaches to the establishment and enforcement of child support obligations; (iv) proposals to improve service of process for civil- ian employees and members of the Uniformed Services stationed outside the United States, including the pos- sibility of serving process by certified mail in estab- lishment and enforcement cases or of designating an agent for service of process that would have the same effect and bind employees to the same extent as actual service upon the employees; (v) strategies to facilitate compliance with Federal and State child support requirements by quasi-govern- mental agencies, advisory groups, and commissions; and (vi) analysis of whether compliance with support or- ders should be a factor used in defining suitability for Federal employment. (b) The recommendations are due within 180 days of the date of this order. The recommendations are to be submitted in writing to the Office of Management and Budget. SEC. 501. Internal Management. This order is intended only to improve the internal management of the execu- tive branch with regard to child support enforcement and shall not be interpreted to create any right or ben- efit, substantive or procedural, enforceable at law by a party against the United States, its officers, or any other person. SEC. 502. Sovereignty of the United States Government. This order is intended only to provide that the Federal Government has elected to require Federal agencies to adhere to the same standards as are applicable to all other employers in the Nation and shall not be inter- preted as subjecting the Federal Government to any Page 2331 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 659a State law or requirement. This order should not be con- strued as a waiver of the sovereign immunity of the United States Government or of any existing statutory or regulatory provisions, including 42 U.S.C. 659, 662, and 665; 5 CFR Part 581; 42 CFR Part 21, Subpart C; 32 CFR Part 54; and 32 CFR Part 81. SEC. 503. Defense and Security. This order is not intended to require any action that would compromise the defense or national security in- terest of the United States. WILLIAM J. CLINTON. § 659a. International support enforcement (a) Authority for declarations (1) Declaration The Secretary of State, with the concur- rence of the Secretary of Health and Human Services, is authorized to declare any foreign country (or a political subdivision thereof) to be a foreign reciprocating country if the for- eign country has established, or undertakes to establish, procedures for the establishment and enforcement of duties of support owed to obligees who are residents of the United States, and such procedures are substantially in conformity with the standards prescribed under subsection (b). (2) Revocation A declaration with respect to a foreign coun- try made pursuant to paragraph (1) may be re- voked if the Secretaries of State and Health and Human Services determine that— (A) the procedures established by the for- eign country regarding the establishment and enforcement of duties of support have been so changed, or the foreign country’s implementation of such procedures is so un- satisfactory, that such procedures do not meet the criteria for such a declaration; or (B) continued operation of the declaration is not consistent with the purposes of this part. (3) Form of declaration A declaration under paragraph (1) may be made in the form of an international agree- ment, in connection with an international agreement or corresponding foreign declara- tion, or on a unilateral basis. (b) Standards for foreign support enforcement procedures (1) Mandatory elements Support enforcement procedures of a foreign country which may be the subject of a declara- tion pursuant to subsection (a)(1) shall include the following elements: (A) The foreign country (or political sub- division thereof) has in effect procedures, available to residents of the United States— (i) for establishment of paternity, and for establishment of orders of support for children and custodial parents; and (ii) for enforcement of orders to provide support to children and custodial parents, including procedures for collection and ap- propriate distribution of support payments under such orders. (B) The procedures described in subpara- graph (A), including legal and administra- tive assistance, are provided to residents of the United States at no cost. (C) An agency of the foreign country is designated as a Central Authority respon- sible for— (i) facilitating support enforcement in cases involving residents of the foreign country and residents of the United States; and (ii) ensuring compliance with the stand- ards established pursuant to this sub- section. (2) Additional elements The Secretary of Health and Human Serv- ices and the Secretary of State, in consulta- tion with the States, may establish such addi- tional standards as may be considered nec- essary to further the purposes of this section. (c) Designation of United States Central Author- ity It shall be the responsibility of the Secretary of Health and Human Services to facilitate sup- port enforcement in cases involving residents of the United States and residents of foreign recip- rocating countries or foreign treaty countries, by activities including— (1) development of uniform forms and proce- dures for use in such cases; (2) notification of foreign reciprocating countries and foreign treaty countries of the State of residence of individuals sought for support enforcement purposes, on the basis of information provided by the Federal Parent Locator Service; and (3) such other oversight, assistance, and co- ordination activities as the Secretary may find necessary and appropriate. (d) Effect on other laws States may enter into reciprocal arrange- ments for the establishment and enforcement of support obligations with foreign countries that are not foreign reciprocating countries or for- eign treaty countries, to the extent consistent with Federal law. (e) References In this part: (1) Foreign reciprocating country The term ‘‘foreign reciprocating country’’ means a foreign country (or political subdivi- sion thereof) with respect to which the Sec- retary has made a declaration pursuant to subsection (a). (2) Foreign treaty country The term ‘‘foreign treaty country’’ means a foreign country for which the 2007 Family Maintenance Convention is in force. (3) 2007 Family Maintenance Convention The term ‘‘2007 Family Maintenance Conven- tion’’ means the Hague Convention of 23 No- vember 2007 on the International Recovery of Child Support and Other Forms of Family Maintenance. (Aug. 14, 1935, ch. 531, title IV, § 459A, as added Pub. L. 104–193, title III, § 371(a), Aug. 22, 1996, 110 Stat. 2252; amended Pub. L. 113–183, title III, § 301(d), Sept. 29, 2014, 128 Stat. 1944.)