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.

March 26, 2003

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

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.

END