[Congressional Record Volume 143, Number 41 (Wednesday, April 9, 1997)]
[Extensions of Remarks]
[Pages E611-E612]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




                THE ERISA CHILD ABUSE ACCOUNTABILITY ACT

                                 ______
                                 

                        HON. CAROLYN B. MALONEY

                              of new york

                    in the house of representatives

                        Wednesday, April 9, 1997

  Mrs. MALONEY of New York. Mr. Speaker, I rise today in support of 
child abuse victims everywhere. The legislation I have introduced, the 
ERISA Child Abuse Accountability Act, H.R. 1142, empowers people in a 
system that seems to be set against them.
  Abuse survivors may have moved past the physical pain, but the scars, 
and emotional turmoil remain. Some have turned to the judicial system 
to hold their abusers accountable for their crimes. They endure 
traumatic trials, reliving the years of torment, and dredging up 
suppressed memories, in order to put their pasts behind them.
  But too often, a court battle is only the beginning of the struggle. 
Even if a court finds the abuser guilty and awards the victim 
compensation, the money can be elusive. The logical target might be the 
abuser's pension. However, although private pensions are attachable for 
child support or alimony settlements, current law protects private 
pensions from court ordered monetary awards in child abuse cases.
  Under legislation authored by Representative Patricia Schroeder and 
passed during the 103d Congress, victims of child abuse are permitted 
to collect awards from Federal pensions. The ERISA Child Abuse 
Accountability Act is a natural extension of the original bill, to 
include private pensions.
  Those who would commit a crime against a child must be held 
accountable. We cannot

[[Page E612]]

allow abusers to hide behind the law. I urge my colleagues to support 
this bill and put the law on the side of the victims.

                          ____________________