[Congressional Bills 108th Congress]
[From the U.S. Government Publishing Office]
[H.R. 1444 Introduced in House (IH)]







108th CONGRESS
  1st Session
                                H. R. 1444

 To amend title 10, United States Code, to provide for garnishment of 
military retired pay to satisfy a judgment against a retired member of 
the uniformed services for physically, sexually, or emotionally abusing 
                                a child.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                             March 26, 2003

 Ms. DeGette introduced the following bill; which was referred to the 
                      Committee on Armed Services

_______________________________________________________________________

                                 A BILL


 
 To amend title 10, United States Code, to provide for garnishment of 
military retired pay to satisfy a judgment against a retired member of 
the uniformed services for physically, sexually, or emotionally abusing 
                                a child.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Child Abuse Accountability 
Enhancement Act''.

SEC. 2. GARNISHMENT OF MILITARY RETIRED PAY TO SATISFY JUDGMENT 
              RENDERED FOR PHYSICALLY, SEXUALLY, OR EMOTIONALLY ABUSING 
              A CHILD.

    (a) Garnishment Authority.--Section 1408 of title 10, United States 
Code, is amended by adding at the end the following new subsection:
    ``(l) Garnishment to Satisfy a Judgment Rendered for Physically, 
Sexually, or Emotionally Abusing a Child.--(1) Any payment of retired 
pay that would otherwise be made to a member shall be paid (in whole or 
in part) by the Secretary concerned to another person if and to the 
extent expressly provided for in the terms of a child abuse garnishment 
order.
    ``(2) In this section, the term `court order' includes a child 
abuse garnishment order.
    ``(3) In this subsection, the term `child abuse garnishment order' 
means a final decree issued by a court that--
            ``(A) is issued in accordance with the laws of the 
        jurisdiction of that court; and
            ``(B) provides in the nature of garnishment for the 
        enforcement of a judgment rendered against the member for 
        physically, sexually, or emotionally abusing a child.
    ``(4) For purposes of this subsection, a judgment rendered for 
physically, sexually, or emotionally abusing a child is any legal claim 
perfected through a final enforceable judgment, which claim is based in 
whole or in part upon the physical, sexual, or emotional abuse of an 
individual under 18 years of age, whether or not that abuse is 
accompanied by other actionable wrongdoing, such as sexual exploitation 
or gross negligence.
    ``(5) If the Secretary concerned is served with more than one court 
order with respect to the retired pay of a member, the disposable 
retired pay of the member shall be available to satisfy such court 
orders 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''.
    (b) Effective Date.--Subsection (l) of section 1408 of title 10, 
United States Code, shall apply with respect to court orders received 
by the Secretary concerned on or after the date of the enactment of 
this Act.
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