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[Congressional Bills 115th Congress]
[From the U.S. Government Publishing Office]
[H.R. 1103 Introduced in House (IH)]

<DOC>

115th CONGRESS
  1st Session
                                H. R. 1103

   To amend title 10, United States Code, to provide for garnishment 
   pursuant to a court order 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

                           February 16, 2017

     Ms. DelBene (for herself, Ms. Herrera Beutler, Mr. Larsen of 
 Washington, Ms. Speier, Mrs. Hartzler, Ms. DeGette, Mr. Reichert, Mr. 
  Meehan, Mr. Cohen, Mr. Poe of Texas, Ms. Moore, Mr. Cicilline, Ms. 
 Slaughter, Ms. Jayapal, Mr. Soto, Mrs. Watson Coleman, Mrs. Noem, Mr. 
 Ryan of Ohio, Ms. Clark of Massachusetts, Ms. Kelly of Illinois, Mr. 
Royce of California, Ms. Norton, and Mr. Heck) 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 
   pursuant to a court order 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 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.
    ``(6) The Secretary concerned shall not be required to vary normal 
pay and disbursement cycles for retired pay in order to comply with a 
child abuse garnishment order.''.
    (b) Application of Amendment.--Subsection (l) of section 1408 of 
title 10, United States Code, as added by subsection (a), shall apply 
with respect to a court order received by the Secretary concerned on or 
after the date of the enactment of this Act, regardless of the date of 
the court order.
                                 <all>
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