[Congressional Record Volume 140, Number 131 (Monday, September 19, 1994)]
[House]
[Page H]
From the Congressional Record Online through the Government Printing Office [www.gpo.gov]


[Congressional Record: September 19, 1994]
From the Congressional Record Online via GPO Access [wais.access.gpo.gov]

 
                     CHILD ABUSE ACCOUNTABILITY ACT

  Ms. NORTON. Mr. Speaker, I move to suspend the rules and pass the 
bill (H.R. 3694) to amend title 5, United States Code, to permit the 
garnishment of an annuity under the Civil Service Retirement System or 
the Federal Employees' Retirement System, if necessary to satisfy a 
judgment against an annuitant for physically abusing a child as 
amended.
  The Clerk read as follows:

                               H.R. 3694

       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 
     Act''.

     SEC. 2. GARNISHMENT AUTHORITY.

       (a) Civil Service Retirement System.--(1) Section 
     8345(j)(1) of title 5, United States Code, is amended to read 
     as follows:
       ``(j)(1) Payments under this subchapter which would 
     otherwise be made to an employee, Member, or annuitant based 
     on service of that individual shall be paid (in whole or in 
     part) by the Office to another person if and to the extent 
     expressly provided for in the terms of--
       ``(A) any court decree of divorce, annulment, or legal 
     separation, or the terms of any court order or court-approved 
     property settlement agreement incident to any court decree of 
     divorce, annulment, or legal separation; or
       ``(B) any court order or other similar process in the 
     nature of garnishment for the enforcement of a judgment 
     rendered against such employee, Member, or annuitant, for 
     physically, sexually, or emotionally abusing a child.

     In the event that the Office is served with more than 1 
     decree, order, or other legal process with respect to the 
     same moneys due or payable to any individual, such moneys 
     shall be available to satisfy 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.''.
       (2) Section 8345(j)(2) of title 5, United States Code, is 
     amended by inserting ``other legal process,'' after 
     ``order,''.
       (3) Section 8345(j)(3) of title 5, United States Code, is 
     amended to read as follows:
       ``(3) For the purpose of this subsection--
       ``(A) the term `court' means any court of any State, the 
     District of Columbia, the Commonwealth of Puerto Rico, Guam, 
     the Northern Mariana Islands, or the Virgin Islands, and any 
     Indian court;
       ``(B) the term `judgment rendered for physically, sexually, 
     or emotionally abusing a child' means 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 a child, whether or not that abuse is 
     accompanied by other actionable wrongdoing, such as sexual 
     exploitation or gross negligence; and
       ``(C) the term `child' means an individual under 18 years 
     of age.''.
       (b) Federal Employee's Retirement System.--(1) Section 
     8467(a) of title 5, United States Code, is amended to read as 
     follows:
       ``(a) Payments under this chapter which would otherwise be 
     made to an employee, Member, or annuitant (including an 
     employee, Member, or annuitant as defined in section 8331) 
     based on service of that individual shall be paid (in whole 
     or in part) by the Office or the Executive Director, as the 
     case may be, to another person if and to the extent expressly 
     provided for in the terms of--
       ``(1) any court decree of divorce, annulment, or legal 
     separation, or the terms of any court order or court-approved 
     property settlement agreement incident to any court decree of 
     divorce, annulment, or legal separation; or
       ``(2) any court order or other similar process in the 
     nature of garnishment for the enforcement of a judgment 
     rendered against such employee, Member, or annuitant, for 
     physically, sexually, or emotionally abusing a child.

     In the vent that the Office or the Executive Direct, as the 
     case may be, is served with more than 1 decree, order, or 
     other legal process with respect to the same moneys due or 
     payable to any individual, such moneys shall be available to 
     satisfy 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 process which have 
     been previously served.''.
       (2) Section 8467(b) of title 5, United States Code, is 
     amended by inserting ``other legal process,'' after 
     ``order,''.
       (3) Section 8467 of title 5, United States Code, is amended 
     by adding at the end the following:
       ``(c) For the purpose of this section--
       ``(1) the term `judgment rendered for physically, sexually, 
     or emotionally abusing a child' means 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 a child, whether or not that abuse is 
     accompanied by other actionable wrongdoing, such as sexual 
     exploitation or gross negligence; and
       ``(2) the term `child' means an individual under 18 years 
     of age.''.
       (4) Section 8437(e)(3) of title 5, United States Code, is 
     amended by striking the period at the end of the first 
     sentence and inserting the following: ``or relating to the 
     enforcement of a judgment for physically, sexually, or 
     emotionally abusing a child a provided under section 
     8467(a).''.

     SEC. 3. EFFECTIVE DATE.

       The amendments made by this Act shall take effect on the 
     date of enactment of this Act, and shall apply with respect 
     to any degree, order, or other legal process, or notice of 
     agreement received by the Office of Personnel Management or 
     the Executive Director of the Federal Retirement Thrift 
     Investment Board on or after such date of enactment.

  The SPEAKER pro tempore. Pursuant to the rule, the gentlewoman from 
the District of Columbia [Ms. Norton] will be recognized for 20 
minutes, and the gentleman from New York [Mr. Gilman] will be 
recognized for 20 minutes.
  The Chair recognizes the gentlewoman from the District of Columbia 
[Ms. Norton].
  Ms. NORTON. Mr. Speaker, I yield myself such time as I may consume.
  Mr. Speaker, H.R. 3694, the Child Abuse Accountability Act, was 
inspired by the case of two sisters, Sharon Simone and Sue Hammond, who 
prevailed in a civil lawsuit for sexual child abuse against their 
father, a former FBI agent. Although vindicated in a court of law, the 
sisters continue to be victimized by a father who liquidated all of his 
assets and fled the country, successfully avoiding any payment of the 
$2.2 million in court-ordered damages. Because he is retired, the 
father has no wages to garnish, and his civil service retirement 
annuity is protected from garnishment for purposes other than child 
support or alimony.
  H.R. 3694, as amended, authorizes the garnishment of Federal annuity 
benefits for the enforcement of a judgment rendered against employees, 
Members of Congress, or annuitants for physically, sexually, or 
emotionally abusing a child. The committee amendment modifies the 
language of the introduced bill which allowed garnishment of Federal 
annuity benefits to enforce a judgment for the physical abuse of a 
child. The amendment broadens the terms of the legislation to expressly 
include sexual and emotional child abuse. Garnishment of an annuity is 
allowable only when there is a legal claim perfected through a final 
enforceable judgment, and the claim is based in whole or in part upon 
the physical, sexual, or emotional abuse of a child, whether or not 
that abuse is accompanied by other actionable wrongdoing, such as 
sexual exploitation or gross negligence.
  H.R. 3694, as amended, also waives the general anti-alienation 
protection provisions applicable to monies deposited in the Thrift 
Savings Fund to permit garnishments for the enforcement of judgments 
for the physical, sexual, or emotional abuse of a child. This waiver is 
consistent with the waiver currently recognized to satisfy judgments 
for child support and alimony payments. (5 U.S.C. 8437(e)(3)).
  The committee believes that it is vitally important that child abuse 
victims successful in such actions be provided with all reasonable 
means of redress such as the right to garnish the Federal retirement 
annuity of their abuser. Such garnishment rights already exist in the 
private sector, and H.R. 3694, as amended, will place the Federal 
Government in the same position.
  Mr. Speaker, I reserve the balance of my time.
  Mr. GILMAN. Mr. Speaker, I yield myself such time as I may consume.
  (Mr. GILMAN asked and was given permission to revise and extend his 
remarks.)
  Mr. GILMAN. Mr. Speaker, I rise in support of H.R. 3694, the ``Child 
Abuse Accountability Act.'' This legislation allows a claimant to seek 
a court-ordered garnishment of a Federal retiree's annuity to satisfy a 
legal judgment against an annuitant for physically, sexually, or 
emotionally abusing a child. I want to congratulate the author of this 
legislation, the gentlewoman from Colorado [Mrs. Schroeder], for her 
efforts on behalf of abused children and their attempts at bringing 
their abusers to justice.
  We all agree child abuse is a heinous crime and money damages cannot 
correct this fundamental wrong. However, the Federal Government should 
not be in the position of shielding judgment debtors when a court of 
law has determined an individual guilty of committing this crime 
against a child. The legislation before us today merely allows a 
claimant the ability to garnish an annuitant's pension to satisfy a 
legal determined debt based upon a cause of action grounded on charges 
of abusing a child. Due process protections are assured for the 
annuitant in the case where false abuse charges have been brought. I 
wish to stress that only court-awarded damages may be subject of the 
garnishment procedure. Enactment of this legislation is consistent with 
our current policy to allow garnishment of Federal annuities for child 
support and alimony.
  Mr. Speaker, this is fair legislation aimed at holding child abusers 
accountable for their actions. Accordingly, I urge all my colleagues to 
join me in support and passage of this measure.
  Mr. Speaker, I yield back the balance of my time.
  Ms. NORTON. Mr. Speaker, I yield 5 minutes to the gentlewoman from 
the State of Colorado [Mrs. Schroeder], the author of the Child Abuse 
Accountability Act.
  (Mrs. SCHROEDER asked and was given permission to revise and extend 
her remarks.)
  Mrs. SCHROEDER. Mr. Speaker, the time has come for us to act on the 
urgent issue of child abuse. The statistics are horrifying: every 13 
seconds in this country, a child is beaten, kicked, burned, molested, 
or otherwise abused.
  There are over 2.9 million reports of suspected child abuse and 
neglect per year. Moreover, 1,200 children are killed every year in 
this country. That's three dead children every day.
  Some survivors of these crimes turn to our court system to hold their 
abusers civilly accountable for their crimes. Yet even after a court 
finds the abuser guilty and awards the survivor compensation, the 
Federal Government nullifies this victory by refusing to pay the money 
that the court has awarded.
  Let us put an end to the further victimization of the most vulnerable 
segment of our population by passing H.R. 3694, the Child Abuse 
Accountability Act. This bill will end this injustice by making Federal 
Pensions garnishable for court ordered child abuse payments. Under 
current law, pensions are already garnishable for child support and for 
spousal payments. This bill adds child abuse compensation as an 
obligation the Federal Government cannot shield an offender from 
satisfying.
  I urge you to vote yes on this critical piece of legislation. By 
standing in the way of child abuse redress, we are compounding the 
victimization these survivors have already suffered. We are also 
sending the message to abusers that the Federal Government will protect 
them from their offenses. Protecting our children from child abuse in 
the first case is of vital importance, but we must be equally attentive 
to those children that we failed to protect. A nation that does not 
protect its children is a nation without a future. And a Federal 
Government that protects abusers is abetting that tragedy.

                              {time}  1320

  We have seen Marlo Thomas take the two sisters' stories and turn it 
into a very moving TV docudrama, and many people in America watched 
that and said, ``This is nonsense. We do not want a Federal Government 
that protects Federal employees' pensions from these types of suits by 
their children who the court acknowledged that they did abuse.''
  So, Mr. Speaker, I really thank everyone for moving this so rapidly. 
We hope that other body will move it as rapidly, and we hope we get on 
to doing justice in these kinds of cases and say that we will not 
tolerate people abusing children in this country any longer if there is 
any way we can stop it.
  Ms. NORTON. Mr. Speaker, I have no further requests for time, and I 
yield back the balance of my time.
  The SPEAKER pro tempore (Mr. Fields of Louisiana). The question is on 
the motion offered by the gentlewoman from the District of Columbia 
[Ms. Norton] that the House suspend the rules and pass the bill, H.R. 
3694, as amended.
  The question was taken; and (two-thirds having voted in favor 
thereof) the rules were suspended, and the bill, as amended, was 
passed.
  The title of the bill was amended so as to read: ``A bill to amend 
title 5, United States Code, to permit the garnishment of an annuity 
under the Civil Service Retirement System or the Federal Employees' 
Retirement System, if necessary to satisfy a judgment against an 
annuitant for physically, sexually, or emotionally abusing a child.''.
  A motion to reconsider was laid on the table.

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