Relating to the Implementation of the Convention on the International Recovery of Child Support and Other Forms of Family Maintenance
Signed December 8, 2016·Barack Obama·81 FR 90181
Source
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Plain-language summary
Designates the Department of Health and Human Services as the United States' Central Authority under the Hague Convention on the International Recovery of Child Support and Other Forms of Family Maintenance, which took effect for the U.S. on January 1, 2017. Authorizes the Secretary of Health and Human Services to issue regulations and take actions necessary to carry out the Central Authority's functions under the Convention. Allows the Central Authority to designate state agencies that administer Title IV-D child support programs under the Social Security Act as public bodies able to perform specific functions related to Convention applications. States that the order does not alter existing agency authority or the Office of Management and Budget's budgetary role, must be carried out consistent with existing law and available funding, and does not create any legally enforceable rights against the federal government.
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Claimed authority
by virtue of the authority vested in me as President by the Constitution and the laws of the United States of America, it is ordered
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The order, in full
Executive Order 13752 of December 8, 2016
Relating to the Implementation of the Convention
on the International Recovery of Child Support and
Other Forms of Family Maintenance
The United States of America deposited its instrument
of ratification of the Hague Convention on the
International Recovery of Child Support and Other Forms
of Family Maintenance (Convention) on September 7,
2016. The Convention will enter into force for the
United States on January 1, 2017. Article 4 of the
Convention imposes upon States Parties an obligation to
designate a “Central Authority” for the purpose of
discharging certain specified functions.
NOW, THEREFORE, by virtue of the authority vested in me
as President by the Constitution and the laws of the
United States of America, it is ordered as follows:
Section 1. Designation of Central Authority. The
Department of Health and Human Services is hereby
designated as the Central Authority of the United
States for purposes of the Convention. The Secretary of
Health and Human Services is hereby authorized and
empowered, in accordance with such regulations as the
Secretary may prescribe, to perform all lawful acts
that may be necessary and proper in order to execute
the functions of the Central Authority in a timely and
efficient manner.
Sec. 2. Designation of State IV-D Child Support
Agencies. The Central Authority may designate the State
agencies responsible for implementing an approved State
Plan under title IV-D of the Social Security Act, 42
U.S.C. 651 et seq., as public bodies authorized to
perform specific functions in relation to applications
under the Convention.
Sec. 3. General Provisions. (a) Nothing in this order
shall be construed to impair or otherwise affect:
(i) the authority granted by law to an executive department, agency, or the
head thereof, or the status of that department or agency within the Federal
Government; or
(ii) the functions of the Director of the Office of Management and Budget
relating to budgetary, administrative, or legislative proposals.
(b) This order shall be implemented consistent with
applicable law and subject to the availability of
appropriations.
(c) This order is not intended to, and does not,
create any right or benefit, substantive or procedural,
enforceable at law or in equity by any party against
the United States, its departments, agencies, or
entities, its officers, employees, or agents, or any
other person.
(Presidential Sig.)
THE WHITE HOUSE,
December 8, 2016.Reproduced from the Federal Register plain-text record, signed December 8, 2016. Typesetting artifacts are removed; no wording is changed.