
From the U.S. Code Online via GPO Access
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[Laws in effect as of January 23, 2000]
[Document not affected by Public Laws enacted between
  January 23, 2000 and December 4, 2001]
[CITE: 42USC659]

 
                 TITLE 42--THE PUBLIC HEALTH AND WELFARE
 
                       CHAPTER 7--SOCIAL SECURITY
 
 SUBCHAPTER IV--GRANTS TO STATES FOR AID AND SERVICES TO NEEDY FAMILIES 
              WITH CHILDREN AND FOR CHILD-WELFARE SERVICES
 
          Part D--Child Support and Establishment of Paternity
 
Sec. 659. Consent by United States to income withholding, 
        garnishment, and similar proceedings 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 remuneration for 
employment) due from, or payable by, the United States or the District 
of Columbia (including any agency, subdivision, or instrumentality 
thereof) to any individual, including 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 enacted 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 
approved under this part or by an individual obligee, to enforce the 
legal obligation of the individual to provide child support or alimony.

(b) Consent to requirements applicable to private 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 enforce support obligations against an individual (if the 
order or process contains or is accompanied by sufficient data to permit 
prompt identification of the individual and the moneys involved), each 
governmental entity specified in subsection (a) of this section shall be 
subject to the same requirements 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 section shall--
            (A) designate an agent or agents to receive orders and 
        accept service of process in matters relating to child support 
        or alimony; and
            (B) annually publish in the Federal Register the designation 
        of the agent or agents, identified by title or position, mailing 
        address, and telephone number.

                  (2) Response to notice or process

        If an agent designated pursuant to paragraph (1) of this 
    subsection receives notice pursuant to State procedures in effect 
    pursuant 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 subsection (a) of this section 
receives notice or is served with process, 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 prescribed 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 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 normal pay and 
disbursement cycle in order to comply with the legal process.

(f) Relief from liability

    (1) Neither the United States, nor the government of the District of 
Columbia, nor any disbursing officer shall be liable with respect to any 
payment made from moneys due or payable from the United States to any 
individual pursuant 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 section.
    (2) No Federal employee whose duties include taking actions 
necessary to comply with the requirements of subsection (a) of this 
section 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 
connection 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 
payable by)--
        (1) the United States (other than the legislative or judicial 
    branches of the Federal Government) 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 Government, be vested 
    jointly in the President pro tempore of the Senate and the Speaker 
    of the House of Representatives (or their designees),\1\ and
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    \1\ So in original. The comma probably should be a semicolon.
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        (3) the judicial branch of the Federal Government, 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 
    purposes 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, allowances, or 
            otherwise (including severance pay, sick pay, and incentive 
            pay);
                (ii) periodic benefits (including a periodic benefit as 
            defined in section 428(h)(3) of this title) or other 
            payments--
                    (I) under the insurance system established by 
                subchapter II of this chapter;
                    (II) under any other system or fund established by 
                the United States which provides for the payment of 
                pensions, retirement or retired pay, annuities, 
                dependents' or survivors' benefits, or similar amounts 
                payable on account of personal services performed by the 
                individual or any other individual;
                    (III) as compensation for death under any Federal 
                program;
                    (IV) under any Federal program established to 
                provide ``black lung'' benefits; or
                    (V) by the Secretary of Veterans Affairs as 
                compensation for a service-connected 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,\2\ and
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    \2\ So in original. The comma probably should be a semicolon.
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                (v) special benefits for certain World War II veterans 
            payable under subchapter VIII of this chapter; but

            (B) do not include any payment--
                (i) by way of reimbursement or otherwise, to defray 
            expenses incurred by the individual in carrying out duties 
            associated with the employment of the individual;
                (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 efficient 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, deducted from the 
        remuneration or other payment involved, including Federal 
        employment 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 individual 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 permitted only when the individual 
        presents evidence of a tax obligation which supports the 
        additional withholding);
            (D) are deducted as health insurance premiums;
            (E) are deducted as normal retirement contributions (not 
        including amounts deducted for supplementary coverage); or
            (F) are deducted as normal life insurance premiums from 
        salary or other remuneration 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 department, agency, or 
    instrumentality of the legislative, judicial, or executive branch of 
    the Federal Government, the United States Postal Service, the Postal 
    Rate Commission, any Federal corporation created by an Act of 
    Congress that is wholly owned by the Federal Government, and the 
    governments of the territories and possessions of the United States.

                          (2) Child support

        The term ``child support'', when used in reference to the legal 
    obligations of an individual to provide such support, means amounts 
    required to be paid under a judgment, decree, or order, whether 
    temporary, final, or subject to modification, issued by a court or 
    an administrative agency of competent jurisdiction, for the support 
    and maintenance of a child, including 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 withholding, attorney's fees, and other relief.

                             (3) Alimony

        (A) In general

            The term ``alimony'', when used in reference to the legal 
        obligations of an individual to provide the same, means periodic 
        payments of funds for the support and maintenance of the spouse 
        (or former spouse) of the individual, and (subject to and in 
        accordance with State law) includes separate maintenance, 
        alimony pendente lite, maintenance, and spousal support, and 
        includes attorney's fees, interest, and court costs when and to 
        the extent that the same are expressly made recoverable as such 
        pursuant to a decree, order, or judgment issued in accordance 
        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 property, 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 pursuant 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, Sec. 459, as added Pub. L. 93-647, 
Sec. 101(a), Jan. 4, 1975, 88 Stat. 2357; amended Pub. L. 95-30, title 
V, Sec. 501(a), (b), May 23, 1977, 91 Stat. 157; Pub. L. 98-21, title 
III, Sec. 335(b)(1), Apr. 20, 1983, 97 Stat. 130; Pub. L. 104-193, title 
III, Sec. 362(a), Aug. 22, 1996, 110 Stat. 2242; Pub. L. 105-33, title 
V, Sec. 5542(a), (b), Aug. 5, 1997, 111 Stat. 631; Pub. L. 106-169, 
title II, Sec. 251(b)(3), Dec. 14, 1999, 113 Stat. 1855.)

                       References in Text

    The Internal Revenue Code of 1986, referred to in subsec. (h)(2)(C), 
is classified generally to Title 26, Internal Revenue Code.


                               Amendments

    1999--Subsec. (h)(1)(A)(v). Pub. L. 106-169 added cl. (v).
    1997--Subsec. (c)(2)(C). Pub. L. 105-33, Sec. 5542(a), substituted 
``withhold available sums in response to the order or process, or answer 
the interrogatory'' for ``respond to the order, process, or 
interrogatory''.
    Subsec. (h)(1). Pub. L. 105-33, Sec. 5542(b)(1), struck out ``paid 
or'' after ``moneys'' in introductory provisions.
    Subsec. (h)(1)(A)(i). Pub. L. 105-33, Sec. 5542(b)(1), struck out 
``paid or'' before ``payable''.
    Subsec. (h)(1)(A)(iii). Pub. L. 105-33, Sec. 5542(b)(2)(B)(i), 
inserted ``or payable'' after ``paid''.
    Subsec. (h)(1)(A)(iv). Pub. L. 105-33, Sec. 5542(b)(2)(A), (B)(ii), 
(C), added cl. (iv).
    Subsec. (h)(1)(B)(iii). Pub. L. 105-33, Sec. 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 collect 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 obligation to 
provide child support or make alimony payments.
    1983--Subsec. (a). Pub. L. 98-21 inserted reference to section 407 
of this title.
    1977--Subsec. (a). Pub. L. 95-30, Sec. 501(a), (b)(1), designated 
existing provisions as subsec. (a) and substituted ``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 private person'' for ``as if the United 
States were a private person''.
    Subsecs. (b) to (f). Pub. L. 95-30, Sec. 501(b)(2), added subsecs. 
(b) to (f).


                    Effective Date of 1997 Amendment

    Amendment by Pub. L. 105-33 effective as if included in the 
enactment of title III of the Personal Responsibility 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

    Section 362(d) of Pub. L. 104-193 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.


  Pilot Program on Alternative Notice of Receipt of Legal Process for 
        Garnishment of Federal Pay for Child Support and Alimony

    For provisions relating to pilot program on alternative notice 
procedures for withholding or garnishment of pay for payment of child 
support and alimony under this section, see section 1061 of Pub. L. 105-
261, set out as a note under section 5520a of Title 5, Government 
Organization and Employees.

                        Executive Order No. 11881

    Ex. Ord. No. 11881, Oct. 3, 1975, 40 F.R. 46291, which related to 
the delegation of authority to issue regulations 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 obligations to provide child support or make 
alimony payments 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 consultation 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 implementation 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 Government 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 prescribed 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, regulations 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 Executive Order No. 11881 of October 
3, 1975 shall remain in effect until modified, superseded or revoked by 
the Office 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, provided:
    Children need and deserve the emotional and financial support of 
both their parents.
    The Federal Government requires States and, through them, public and 
private employers to take actions 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 employees and Uniformed 
Services members, is the Nation'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 members, as a model employer in promoting and 
facilitating the establishment and enforcement of child support.
    (b) Requires all Federal agencies, including the Uniformed Services, 
to cooperate fully in efforts to establish paternity and child support 
orders and to enforce the collection of child and medical support in all 
situations where such actions may be required.
    (c) Requires each Federal agency, including the Uniformed Services, 
to provide information to its employees 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 legally 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 Services, 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 Atmospheric Administration, and the Public Health Service.
    Sec. 203. ``Child support enforcement'' means any administrative or 
judicial action by a court or administrative entity of a State necessary 
to establish paternity or establish a child support order, including a 
medical support order, and any actions necessary to enforce 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 Social 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 Mariana Islands.

 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 review 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 
service of withholding notices for Federal employees.
    Sec. 302. Service of Legal Process. Every Federal agency shall 
assist in the service of legal process in civil actions 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 Uniformed Services stationed outside the United States available for 
the service of process. Each agency shall designate an official who 
shall be responsible for facilitating 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 Service, established under 42 
U.S.C. 653, by providing complete, 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 
enforcement agency to determine, in each instance, whether wage 
withholding or other enforcement actions should be commenced. All 
matches will be performed in accordance with 5 U.S.C. 552a(o)-(u).
    (b) All Federal agencies shall inform current and prospective 
employees that crossmatches are routinely made between Federal personnel 
records and State records on individuals who owe child support, and 
inform employees how to initiate voluntary wage withholding requests.
    Sec. 305. Availability of Service. All Federal agencies shall advise 
current and prospective employees of services 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 administrative 
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 Department of Health and Human Services (HHS), the Department of 
Commerce, and the Department of Transportation, that shall conduct a 
full review of current policies and practices within the Uniformed 
Services to ensure that children of Uniformed Services personnel are 
provided financial and medical support in the same manner and within the 
same time frames as is mandated for all other children due such support. 
This review 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 income 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 [50 App. U.S.C. 501 
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 Responsibility Act of 
1982 [Pub. L. 97-248, see Tables for classification], shall be reviewed 
and appropriate legislative 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 
enhance the Federal Government's commitment to ensuring parental support 
for all children.
    Sec. 402. Additional Federal Agency Actions. (a) OPM and HHS shall 
jointly study and prepare recommendations concerning additional 
administrative, regulatory, and legislative improvements in the policies 
and procedures of Federal agencies affecting child support enforcement. 
Other agencies shall be included in the development of recommendations 
for specific items as appropriate. 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 paternity or child support actions can be 
obtained from Federal 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 civilian employees 
and members of the Uniformed Services stationed outside the United 
States, including the possibility of serving process by certified mail 
in establishment 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-governmental agencies, advisory groups, 
and commissions; and
    (vi) analysis of whether compliance with support orders 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 executive branch with regard to 
child support enforcement and shall not be interpreted to create any 
right or benefit, 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 
interpreted as subjecting the Federal Government to any State law or 
requirement. This order should not be construed 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 interest of the United 
States.
                                                     William J. Clinton.

                  Section Referred to in Other Sections

    This section is referred to in section 654 of this title; title 5 
sections 5520a, 8437; title 10 section 1408; title 22 section 3612a.
