[Congressional Record Volume 141, Number 124 (Friday, July 28, 1995)]
[Extensions of Remarks]
[Page E1554]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]


        INTRODUCTION OF THE ERISA CHILD ABUSE ACCOUNTABILITY ACT

                                 ______


                        HON. PATRICIA SCHROEDER

                              of colorado

                    in the house of representatives

                          Friday, July 28, 1995
  Mrs. SCHROEDER. Mr. Speaker, I am introducing the ERISA Child Abuse 
Accountability Act. This bill is a natural extension of legislation 
that I introduced last session, the Child Abuse Accountability Act, 
which Congress passed and President Clinton signed into law, Public Law 
103-358.
  The ERISA Child Abuse Accountability Act amends the Employment 
Retirement Income Security Act [ERISA] to allow victims to collect 
monetary awards from their abuser's pension. As a result of last year's 
legislation, victims of child abuse can now collect from an abuser's 
pension if it is a Federal pension. The ERISA Child Abuse 
Accountability Act allows victims to collect from private sector 
pensions as well.
  It is vital that we, as a nation, dedicate ourselves to protect the 
welfare of our children and guarantee that anyone who commits a crime 
against them is held accountable. That is what The ERISA Child Abuse 
Accountability Act does.
  The children who survive abuse face a lifetime of scars, both 
physical and mental. Some of these survivors turn to our court system 
to hold their abusers civilly accountable for their crimes. They endure 
traumatic trials, reliving the years of torment in order to hold their 
abusers responsible. Tragically, vindication by a court is only the 
beginning of the struggle for countless victims. Even after a court 
finds the abuser guilty and awards the survivor compensation, our laws 
prevent satisfying a court order with money from a pension.
  This bill ends this injustice by creating a right to payment to 
satisfy a child abuse judgment. Under current law, private pensions are 
already accessible for child support and for spousal payments. This 
bill adds child abuse compensation as an obligation that must be met.
  We hear a lot of talk in this body about protecting children and 
victims. But the fact is, there are laws that Congress has passed that 
protect abusers and prevent justice for victims. If we do not change 
those laws, our words ring hollow. I urge Members to support this bill.


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