I 
109TH CONGRESS 
1ST SESSION 
H. R. 229
To amend title 18, United States Code, to provide penalties for failure 
to pay certain obligations to spouses and ex-spouses that are similar 
to the penalties imposed for failure to pay child support obligations, 
and for other purposes. 
IN THE HOUSE OF REPRESENTATIVES 
JANUARY 4, 2005
Mr. SWEENEY (for himself and Mrs. LOWEY) introduced the following bill; 
which was referred to the Committee on the Judiciary 
A BILL 
To amend title 18, United States Code, to provide penalties 
for failure to pay certain obligations to spouses and 
ex-spouses that are similar to the penalties imposed for 
failure to pay child support obligations, and for other 
purposes.
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
SECTION 1. SHORT TITLE. 
This Act may be cited as the ‘‘Jane’s Law’’. 
SEC. 2. SPOUSAL OBLIGATIONS. 
Chapter 11A of title 18, United States Code, is 
amended by adding at the end the following:
‘‘§ 228A. Failure to pay legal spousal obligations 
‘‘(a) OFFENSE.—Any person who—
‘‘(1) willfully fails to pay a court ordered obli-
gation with respect to a spouse or former spouse 
who resides in another State, if such obligation has 
remained unpaid for a period longer than 1 year, or 
is greater than $5,000; 
‘‘(2) travels in interstate or foreign commerce 
with the intent to evade a court ordered obligation 
with respect to a spouse or former spouse, if such 
obligation has remained unpaid for a period longer 
than 1 year, or is greater than $5,000; or 
‘‘(3) willfully fails to pay a court ordered obli-
gation with respect to a spouse or former spouse 
who resides in another State, if such obligation has 
remained unpaid for a period longer than 2 years, 
or is greater than $10,000; 
shall be punished as provided in subsection (c). 
‘‘(b) PRESUMPTION.—The existence of an obligation 
that was in effect for the time period charged in the indict-
ment or information creates a rebuttable presumption that 
the obligor has the ability to pay the obligation for that 
time period. 
‘‘(c) PUNISHMENT.—The punishment for an offense 
under this section is—
‘‘(1) in the case of a first offense under sub-
section (a)(1), a fine under this title, imprisonment 
for not more than 6 months, or both; and 
‘‘(2) in the case of an offense under paragraph 
(2) or (3) of subsection (a), or a second or subse-
quent offense under subsection (a)(1), a fine under 
this title, imprisonment for not more than 2 years, 
or both. 
‘‘(d) MANDATORY RESTITUTION.—Upon a conviction 
under this section, the court shall order restitution under 
section 3663A in an amount equal to the total unpaid obli-
gation as it exists at the time of sentencing. 
‘‘(e) VENUE.—With respect to an offense under this 
section, an action may be inquired of and prosecuted in 
a district court of the United States for—
‘‘(1) the district in which the spouse or former 
spouse who is the subject of the obligation resided 
during a period during which the person who is al-
leged to have failed to pay the obligation or traveled 
with the intent to evade the obligation, allegedly 
failed to meet that obligation; 
‘‘(2) the district in which the alleged offender 
resided during a period described in paragraph (1); 
or
‘‘(3) any other district with jurisdiction other-
wise provided for by law. 
‘‘(f) DEFINITIONS.—As used in this section—
‘‘(1) the term ‘Indian tribe’ has the meaning 
given that term in section 102 of the Federally Rec-
ognized Indian Tribe List Act of 1994 (25 U.S.C. 
479a); 
‘‘(2) the term ‘State’ includes any State of the 
United States, the District of Columbia, and any 
commonwealth, territory, or possession of the United 
States; and 
‘‘(3) the term ‘court ordered obligation to a 
spouse or former spouse’ means any amount deter-
mined under a court order pursuant to the law of a 
State or of an Indian tribe to be due from a person 
for the support and maintenance of a spouse or 
former spouse, or as an equitable or other distribu-
tion to a spouse or former spouse of assets in con-
nection with a separation or divorce.’’. 
SEC. 3. CONFORMING AMENDMENT TO TABLE OF SEC-
TIONS. 
The table of sections at the beginning of chapter 11A 
of title 18, United States Code, is amended by adding at 
the end the following new item:
‘‘228A. Failure to pay legal spousal obligations.’’.
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