I
106TH CONGRESS
1ST SESSION
H. R. 3315
To limit the effects of witnessing or experiencing violence on children.
IN THE HOUSE OF REPRESENTATIVES
NOVEMBER 10, 1999
Mrs. KELLY (for herself, Mrs. MORELLA, Mrs. MALONEY of New York, Mrs.
JOHNSON of Conncticut Mrs. BIGGERT, and Mrs. EMERSON) introduced
the following bill; which was referred to the Committee on Education and
the Workforce, and in addition to the Committees on the Judiciary, and
Ways and Means, for a period to be subsequently determined by the
Speaker, in each case for consideration of such provisions as fall within
the jurisdiction of the committee concerned
A BILL
To limit the effects of witnessing or experiencing violence
on children.
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 ‘‘Reducing the Effects
of Abuse and Domestic Violence on Youth’’ or ‘‘READY
Act’’.
SEC. 2. FINDINGS.
The Congress makes the following findings:
(1) Witnessing domestic violence has a dev-
astating impact on children, placing them at high
risk for anxiety, depression, and, potentially, suicide.
These children may exhibit more aggressive, anti-
social, fearful, and inhibited behaviors.
(2) It is estimated that between 20 and 40 per-
cent of chronically violent children have witnessed
extreme parental conflict.
(3) Domestic violence is strongly correlated
with child abuse. Studies have found that between
50 and 70 percent of men who abuse their female
partners also abuse their children.
(4) Boys who witness parental abuse during
their childhood are at a higher risk of being phys-
ically aggressive in dating and marital relationships.
Studies have found that these boys had a 1,000 per-
cent greater battering rate than those who had not
witnessed such abuse.
(5) Girls are 3 times as likely as boys to be vic-
tims of sexual abuse.
(6) Children often fail to report child sexual
abuse because of the fear that disclosure will bring
worse consequences than being victimized again, in-
cluding consequences from the family, feeling guilty
for consequences to the perpetrator, and fear of sub-
sequent retaliation from the perpetrator. Victims
may also feel that the abuse is their fault.
(7) Women are at an increased risk of harm
after separation from an abusive partner. Separated
women are 3 times more likely than divorced women
and 25 times more likely than married women to be
victims of violence at the hands of an intimate part-
ner.
(8) Children are also at increased risk of harm
during separation. In one study, 34 percent of
women in shelters and callers to hotlines reported
threats of kidnaping, 11 percent reported that the
battered had kidnaped the child for some period,
and 21 percent reported that threats of kidnaping
forced the victim to return to the batterer.
(9) According to a 1996 report by the American
Psychological Association, which Congress views as
authoritative on matters of domestic violence and
child custody and visitation determinations, custody
and visitation disputes are more frequent when there
is a history of domestic violence. Further, fathers
who batter mothers are twice as likely to seek sole
custody of their children and they may misuse the
legal system as a forum for continuing abuse
through harassing and retaliatory legal actions.
(10) The need for supervised visitation centers
far exceeds the number of available programs, re-
sulting in courts ordering unsupervised visitation
and endangering parents and children or cutting off
visitation altogether.
(11) One-third of high school and college age
students experience violence with an intimate part-
ner.
(12) A 1992 study concluded that being abused
or neglected in childhood increases the likelihood of
arrest for girls and women by 77 percent.
(13) Although courts should diligently protect
the interests of both parents in frequent and con-
tinuing contact with their children, in the case where
one parent has committed domestic violence against
the other parent, protection of the other parent and
the children is a vital consideration that should take
precedence.
(14) Every State has legislation or judicial deci-
sions that base its custody determinations on what
is in the best interests of the child and the vast ma-
jority of States include considerations of domestic vi-
olence as a factor in determining the best interests
of the child.
(15) The National Council of Juvenile and
Family Court Judges includes the option of super-
vised visitation centers in their Model Code on Do-
mestic and Family Violence.
(16) The documented rate of any child abuse
allegations in custody cases is approximately 2 per-
cent, and there is no evidence that false accusations
are more common in the context of custody litiga-
tion.
(17) Congress never intended that the Parental
Kidnaping Prevention Act of 1980 be used to pro-
hibit an abused or protective parent from protecting
themselves or their child by relocation to a place of
safety.
(18) When domestic violence is or has been
present in the relationship, shared parenting ar-
rangements, couples counseling, or mediation ar-
rangements may increase the danger to children and
to the nonviolent parent.
of children who witness domestic violence. Such a program
shall—
‘‘(1)(A) 
involve 
collaborative 
partnerships
with—
‘‘(i) local entities carrying out domestic vi-
olence programs that provide shelter or related
assistance; and
‘‘(ii) partners that are courts, schools, so-
cial service providers, health care providers, po-
lice, early childhood agencies, entities carrying
out Head Start programs under the Head Start
Act (42 U.S.C. 9831 et seq.), or entities car-
rying out child protection, welfare, job training,
housing, battered women’s service, or children’s
mental health programs; and
‘‘(B) be carried out to design and implement
protocols and systems to identify, refer, and appro-
priately respond to the needs of, children who wit-
ness domestic violence and who participate in pro-
grams administered by the partners;
‘‘(2) include guidelines to evaluate the needs of
a child and make appropriate intervention rec-
ommendations;
‘‘(3) include institutionalized procedures to en-
hance or ensure the safety and security of a battered
parent, and as a result, the child of the parent;
‘‘(4) provide direct counseling and advocacy for
adult victims of domestic violence and their children
who witness domestic violence;
‘‘(5) include the development or replication of a
mental health treatment model to meet the needs of
children for whom such treatment has been identi-
fied as appropriate;
‘‘(6) include policies and protocols for maintain-
ing the confidentiality of the battered parent and
child;
‘‘(7) provide community outreach and training
to enhance the capacity of professionals who work
with children to appropriately identify and respond
to the needs of children who witness domestic vio-
lence;
‘‘(8) include procedures for documenting inter-
ventions used for each child and family; and
‘‘(9) include plans to perform a systematic out-
come evaluation to evaluate the effectiveness of the
interventions.
‘‘(c) APPLICATION.—To be eligible to receive a grant
under this section, an entity shall prepare and submit to
the Secretary an application at such time, in such manner,
and containing such information as the Secretary may re-
quire.
‘‘(d) TECHNICAL ASSISTANCE.—Not later than 90
days after the date of enactment of this section, the Sec-
retary shall identify successful programs providing multi-
system and mental health interventions to address the
needs of children who witness domestic violence. Not later
than 60 days before the Secretary solicits applications for
grants under this section, the Secretary shall enter into
an agreement with 1 or more entities carrying out the
identified programs to provide technical assistance to the
applicants and recipients of the grants. The Secretary may
use not more than 5 percent of the amount appropriated
for a fiscal year under subsection (e) to provide the tech-
nical assistance.
‘‘(e) AUTHORIZATION OF APPROPRIATIONS.—
‘‘(1) IN GENERAL.—There is authorized to be
appropriated to carry out this section $5,000,000 for
each of fiscal years 2000 through 2004.
‘‘(2) 
AVAILABILITY.—Amounts 
appropriated
under paragraph (1) shall remain available until ex-
pended.
‘‘(f) DEFINITIONS.—In this section:
(1) DOMESTIC VIOLENCE.—The term ‘‘domestic
violence’’ includes an act or threat of violence, not
including an act of self defense, committed by a cur-
rent or former spouse of the victim, by a person with
whom the victim shares a child in common, by a per-
son who is cohabiting with or has cohabited with the
victim, by a person who is or has been in a social
relationship of a romantic or intimate nature with
the victim, by a person similarly situated to a spouse
of the victim under the domestic or family violence
laws of the jurisdiction of the victim, or by any other
person against a victim who is protected from that
person’s act under the domestic or family violence
laws of the jurisdiction.
(2) WITNESS DOMESTIC VIOLENCE.—
(A) IN GENERAL.—The term ‘‘witness do-
mestic violence’’ means to witness—
(i) an act of domestic violence that
constitutes actual or attempted physical
assault; or
(ii) a threat or other action that
places the victim in fear of domestic vio-
lence.
(B) WITNESS.—In subparagraph (A), the
term ‘‘witness’’ means to—
(i) directly observe an act, threat, or
action described in subparagraph (A), or
the aftermath of that act, threat, or action;
or
(ii) be within earshot of an act,
threat, or action described in subparagraph
(A), or the aftermath of that act, threat,
or action.
(b) ADMINISTRATION.—Section 305(a) of the Family
Violence Prevention and Services Act (42 U.S.C.
10404(a)) is amended—
(1) by striking ‘‘an employee’’ and inserting ‘‘1
or more employees’’; and
(2) by striking ‘‘The individual’’ and inserting
‘‘Each individual’’.
TITLE 
II—VIOLENCE 
AGAINST
WOMEN 
PREVENTION 
IN
SCHOOLS
SEC. 201. GRANTS FOR VIOLENCE AGAINST WOMEN PRE-
VENTION IN SCHOOLS.
(a) PURPOSES.—The purposes of grants under this
section are—
(1) to reduce the impact of domestic violence,
sexual assault, and stalking in the lives of young
women and children;
perts from State, local, or tribal domestic violence and sex-
ual assault programs.
(d) APPLICATIONS.—A State, local, or tribal school
system that desires to receive a grant under subsection
(b) shall submit to the Secretary of Education an applica-
tion, in such form and manner as the Secretary of Edu-
cation shall prescribe, that—
(1) demonstrates that the educational program
is comprehensive, engaging, and appropriate to the
target areas, is culturally diverse, addresses the
needs of underserved communities, has the potential
to change attitudes and behaviors, is developed
based on research and experience in the areas of
youth education, domestic violence, sexual assault,
and stalking, collects data on changes in partici-
pants’ attitudes or behavior, is implemented in col-
laboration with domestic violence and sexual assault
experts, and includes an evaluation component;
(2) demonstrates that the proposed policy devel-
opment process includes consultation and collabora-
tion with experts on violence against women and
girls, such as domestic violence shelters, domestic vi-
olence programs, State and tribal domestic violence
coalitions, State and tribal sexual assault coalitions,
and rape crisis centers; and
(3) contains such other information, agree-
ments, and assurances as the Secretary of Education
may require.
(e) USE OF FUNDS.—
(1) IN
GENERAL.—A State, local, or tribal
school system that receives a grant under subsection
(b) may use the grant funds—
(A) to develop and implement educational
programs or prevention strategies for students
and personnel in elementary schools, middle
schools, and secondary schools addressing do-
mestic violence, sexual assault, and stalking;
(B) to develop and implement policies to
identify students who may be experiencing or
witnessing domestic violence, sexual assault, or
stalking in their lives and to develop and imple-
ment policies on reporting and referral proce-
dures for these students;
(C) to develop and implement policies to
identify students at risk of becoming victims or
perpetrators of domestic violence, sexual as-
sault, or stalking;
(D) to modify the program materials of the
model programs created under section 317 of
the Family Violence Prevention and Services
Act (42 U.S.C. 10417), if appropriate, in order
to make the materials applicable to a particular
age group; and
(E) to purchase the materials described in
subparagraph (D).
(2) CONFIDENTIALITY.—Policies and programs
developed and implemented under paragraph (1)
shall address issues of victim safety and confiden-
tiality that are consistent with applicable State and
Federal laws.
(3) OTHER USES OF FUNDS.—
(A) GUIDANCE.—The Secretary of Edu-
cation shall disseminate any existing Depart-
ment of Education policy guidance regarding
preventing domestic violence, sexual assault, or
stalking.
(B) STUDY AND REPORT.—The Secretary
of Education shall study existing policies and
programs as well as new policies and programs
funded by this section and report to Congress
recommendations for implementation of suc-
cessful policies for referring students to services
when they may be witnessing or experiencing
domestic violence, sexual assault, or stalking. In
publishing the report, the Secretary shall en-
sure the safety and confidentiality of all infor-
mation concerning the identification of stu-
dents.
(4) LIMITATION.—
(A) 
ADMINISTRATIVE
EXPENSES.—A
school system that receives a grant under sub-
section (b) for a fiscal year shall use not more
than 5 percent of the grant funds for adminis-
trative expenses.
(B) A school system that receives a grant
to fulfill a purpose described in subparagraph
(A), (D), or (E) of paragraph (1) shall first
have in place and include in its application the
school policies by which such programs and pre-
vention strategies will be implemented.
(f) PUBLICATION.—The Secretary of Education shall
publish the availability of grants under subsection (b)
through announcement in professional publications for
State, local, or tribal school systems described in sub-
section (a)(2) and through notice in the Federal Register.
(g) TERM.—A grant under subsection (b) may be
awarded for a period of not more than 3 fiscal years.
(h) EQUITABLE DISTRIBUTION.—In awarding grants
under subsection (b), the Secretary of Education shall en-
sure an equitable geographic distribution to State, local,
and tribal school systems throughout the United States.
(i) REQUIREMENTS.—In carrying out an educational
program under a grant under subsection (b), a State,
local, or tribal school system shall—
(1) consult and collaborate with experts on vio-
lence against women and girls, such as domestic vio-
lence shelters, domestic violence programs, State and
tribal domestic violence coalitions, State and tribal
sexual assault coalitions, and rape crisis centers;
(2) develop the program, or acquire model pro-
gram materials if available;
(3) carry out the program with a school’s in-
volvement; and
(4) report the results of the program to the
Secretary of Education in a format provided by the
Secretary.
(j) DEFINITIONS.—For purposes of this section:
(1) DOMESTIC VIOLENCE.—The term ‘‘domestic
violence’’ includes acts or threats of violence, not in-
cluding acts of self-defense, committed by a current
or former spouse of the victim, by a person with
whom the victim shares a child in common, by a per-
son who is cohabiting with or has cohabited with the
victim, by a person who is or has been in a con-
tinuing social relationship of a romantic or intimate
nature with the victim, by a person similarly situ-
ated to a spouse of the victim under the domestic or
family violence laws of the jurisdiction, or by any
other person against a victim who is protected from
that person’s acts under the domestic or family vio-
lence laws of the jurisdiction.
(2) SEXUAL ASSAULT.—The term ‘‘sexual as-
sault’’ means any conduct proscribed by chapter
109A of title 18, United States Code, whether or not
the conduct occurs in the special maritime and terri-
torial jurisdiction of the United States or in a Fed-
eral prison and includes both assaults committed by
offenders who are strangers to the victim and as-
saults committed by offenders who are known to the
victim or related by blood or marriage to the victim.
(3) STALKING.—The term ‘‘stalking’’ means
engaging in a course of conduct directed at a spe-
cific person that would cause a reasonable person to
fear death, sexual assault, or bodily injury to such
person or a member of such person’s immediate
family, when the person engaging in such conduct
has knowledge or should have knowledge that the
specific person will be placed in reasonable fear of
death, sexual assault, or bodily injury to such person
or a member of such person’s immediate family and
when the conduct induces fear in the specific person
of death, sexual assault, or bodily injury to such per-
son or a member of such person’s immediate family.
(k) AUTHORIZATION OF APPROPRIATIONS.—
(1) IN GENERAL.—There are authorized to be
appropriated to carry out this section—
(A) $2,750,000 for fiscal year 2000;
(B) $3,000,000 for fiscal year 2001;
(C) $3,000,000 for fiscal year 2002;
(D) $3,000,000 for fiscal year 2003; and
(E) $3,000,000 for fiscal year 2004.
(2) 
AVAILABILITY.—Amounts 
appropriated
under paragraph (1) shall remain available until the
earlier of—
(A) the date on which those amounts are
expended; or
(B) December 31, 2004.
TITLE III—SAFE HAVENS FOR
CHILDREN
SEC. 301. PURPOSES.
The purposes of section 302 are—
(1) to provide secure locations for visitation and
visitation exchange;
(2) to protect children from the trauma of wit-
nessing domestic violence or experiencing abduction,
injury, or death during parent and child visitation
and visitation exchanges;
(3) to protect victims of domestic violence from
experiencing further violence, abuse, and threats
during child visitation and visitation exchanges;
(4) to protect children from the trauma of expe-
riencing sexual assault or other forms of physical as-
sault and abuse during parent and child visitation
and visitation exchanges; and
(5) to provide an ongoing safe haven for par-
ents and children during visitation and visitation ex-
changes to promote continuity and stability.
SEC. 302. GRANTS TO PROVIDE FOR SUPERVISED VISITA-
TION CENTERS.
(a) 
GRANTS, 
CONTRACTS, 
AND
COOPERATIVE
AGREEMENTS.—The Attorney General is authorized to
award grants, contracts, and cooperative agreements to
public or private nonprofit nongovernmental entities, in-
cluding tribal organizations and nonprofit organizations
operating within the boundaries of an Indian reservation
whose governing body reflects the populations served, to
assist such entities in establishing and operating super-
vised visitation centers for the purposes of facilitating su-
pervised visitation and visitation exchange. At least 50
percent of all funds appropriated under subsection (e)
shall be for contracts and cooperative agreements with pri-
vate nonprofit, nongovernmental entities, including enti-
ties receiving court referrals.
(b) CONSIDERATIONS.—In awarding such grants,
contracts, and cooperative agreements under paragraph
(1), the Attorney General shall take into account—
(1) the number of families to be served by the
proposed visitation center to be established under
the grant, contract, or agreement;
(2) the extent to which supervised visitation
centers serve populations underserved because of
race, ethnicity, age, disability, sexual orientation, re-
ligion, alienage status, geographic location (including
rural isolation), language barriers, and any other
populations determined to be underserved by the
State planning process.
(3) the extent to which the applicant dem-
onstrates cooperation and collaboration with non-
profit, nongovernmental entities in the local commu-
nity served, including the State and tribal domestic
violence and sexual assault coalitions, tribal organi-
zations, rape crisis centers, local shelters, and pro-
grams for domestic violence victims, including pro-
grams providing legal assistance to domestic violence
victims and sexual assault victims;
(4) the extent to which the applicant dem-
onstrates coordination and collaboration with appro-
priate court systems, including State, local, and, in
the case of Indian country, tribal and Federal court
systems, and mechanisms for communication and re-
ferral; and
(5) the extent to which the applicant dem-
onstrates implementation of domestic violence and
sexual assault training for all employees.
(c) USE OF FUNDS.—
(1) IN GENERAL.—Amounts provided under a
grant, contract, or cooperative agreement awarded
under subsection (a) shall be used to establish super-
vised visitation centers and for the purposes de-
scribed in section 301. In using such amounts,
grantees and persons awarded a contract or coopera-
tive agreement shall target the economically dis-
advantaged and those individuals who could not oth-
erwise afford such visitation services. Individuals
shall be permitted to use the services provided by
the center on a sliding fee basis. For purposes of de-
termining qualification for sliding scale fees, only the
individual income will be considered and no spousal
or household income will be counted.
(2) REGULATIONS
AND
APPLICANT
REQUIRE-
MENTS.—The Attorney General shall award grants,
contracts, and cooperative agreements under sub-
section (a) in accordance with such regulations as
the Attorney General may promulgate. The regula-
tions shall establish a multi-year grant process. The
Attorney General shall give priority in awarding
grants, contracts, and cooperative agreements under
this title to entities in States and Indian country
that consider domestic violence in making a custody
decision. An applicant awarded such a grant, con-
tract, or cooperative agreement shall—
(A) for applicants for a purpose described
in paragraph (1) or (2) of section 301—
(i) demonstrate recognized expertise
in the area of domestic violence, including
addressing the impact of domestic violence
on children, and a record of high quality
service to victims of domestic violence; and
(ii) demonstrate through a memo-
randum of understanding collaboration
with and support of the State or tribal do-
mestic violence coalition and local or tribal
domestic violence shelter or program in the
locality in which the supervised visitation
center will be operated;
(B) for applicants for a purpose described
in paragraph (3) of section 301—
(i) demonstrate recognized expertise
in the area of child sexual assault and
abuse and a record of high quality service
to victims of sexual assault; and
(ii) demonstrate through a memo-
randum of understanding collaboration
with and support of the State or tribal sex-
ual assault coalition and local or tribal
rape crisis center or sexual assault pro-
gram in the locality where the supervised
visitation center will be operated;
(C) provide supervised visitation and visi-
tation exchange services over the duration of a
court order to promote continuity and stability;
(D) demonstrate that adequate security
measures, including adequate facilities, proce-
dures and personnel capable of preventing vio-
lence, are in place for the operation of super-
vised visitation; and
(E) describe in detail the standards by
which the supervised visitation center will oper-
ate.
(d) REPORTING.—Not later than 60 days after the
end of each fiscal year, the Attorney General shall report
to Congress, categorized by State or tribe, information
concerning—
(1) the number of individuals including number
of parents and children served and the number of in-
dividuals turned away from services, the number of
individuals who are from populations underserved
because of race, ethnicity, age, disability, sexual ori-
entation, religion, alienage status, geographic loca-
tion (including rural isolation), language barriers,
and any other populations determined to be under-
served by the State planning process, served and
turned away from services, and the type of pre-
senting problems that underlie the need for super-
vised visitation or visitation exchange, such as do-
mestic violence, child sexual abuse, emotional abuse
or other physical abuse of children, or a combination
of such factors;
(2) the numbers of supervised visitations or vis-
itation exchanges ordered during custody determina-
tions under a separation or divorce decree, under a
protection order, through child protection services,
through other social services agencies or by any
other order of a civil, criminal, juvenile, family, or
tribal court;
(3) the process by which children or abused
partners are protected during visitations, temporary
custody transfers and other activities for which the
supervised visitation centers are created;
(4) safety and security problems occurring dur-
ing the reporting period during supervised visitations
or at visitation centers, including the number of pa-
rental abductions;
(5) the number of parental abduction cases in
a judicial district using supervised visitation services,
both as identified in criminal prosecution and cus-
tody violations;
(6) program standards across the country that
are in place for operating a supervised visitation cen-
ter; and
(7) any other appropriate information des-
ignated in regulations promulgated by the Attorney
General.
(e) AUTHORIZATION OF APPROPRIATIONS.—
(1) IN GENERAL.—For the purpose of awarding
grants, contracts, and cooperative agreements under
this section, there are authorized to be appropriated
$75,000,000 for fiscal year 2000, $85,000,000 for
fiscal year 2001, $95,000,000 for fiscal year 2002,
$105,000,000 
for 
fiscal 
year 
2003, 
and
$115,000,000 for fiscal year 2004.
(2) DISTRIBUTION.—Of the amounts appro-
priated under paragraph (1) for each fiscal year, not
less than 95 percent shall be used to award grants,
contracts, or cooperative agreements. At least 5 per-
cent of the funds appropriated under paragraph (1)
shall be used for grants to tribal organizations.
TITLE IV—CHILD ABUSE
ACCOUNTABILITY
SEC. 401. SHORT TITLE.
This title may be cited as the ‘‘Child Abuse Account-
ability Act’’.
SEC. 402. AMENDMENTS TO TITLE I OF THE EMPLOYEE RE-
TIREMENT INCOME SECURITY ACT OF 1974.
(a) CREATION OR ASSIGNMENT OF RIGHTS TO BENE-
FITS UNDER QUALIFIED CHILD ABUSE ORDERS.—Sec-
tion 206(d)(3)(A) of the Employee Retirement Income Se-
curity Act of 1974 (29 U.S.C. 1056(d)(3)(A)) is
amended—
(1) by inserting ‘‘or a child abuse order’’ after
‘‘a domestic relations order’’;
(2) by inserting ‘‘or a qualified child abuse
order’’ after ‘‘a qualified domestic relations order’’;
and
(3) by inserting ‘‘or any qualified child abuse
order’’ after ‘‘any qualified domestic relations
order’’.
(b) QUALIFIED CHILD ABUSE ORDERS.—Section
206(d)(3)(B) of such Act (29 U.S.C. 1056(d)(3)(B)) is
amended—
(1) in clause (i), by striking ‘‘the term’’ and in-
serting ‘‘The term’’, and by striking ‘‘, and’’ at the
end and inserting a period;
(2) in clause (ii), by striking ‘‘the term’’ and in-
serting ‘‘The term’’; and
(3) by adding at the end the following new
clauses:
‘‘(iii) The term ‘qualified child abuse order’
means a child abuse order—
‘‘(I) which creates or recognizes the exist-
ence of an alternate payee’s right to, or assigns
to an alternate payee the right to, receive all or
a portion of the benefits payable with respect to
a participant under a plan, and
‘‘(II) with respect to which the require-
ments of subparagraphs (C) and (D) are met.
‘‘(iv) The term ‘child abuse order’ means any
court order or other similar process for the enforce-
ment of a judgment rendered against a participant
or beneficiary under a plan for physically, sexually,
or emotionally abusing a child. For purposes of this
clause—
‘‘(I) The term ‘judgment rendered for
physically, sexually, or emotionally abusing
a child’ means 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 a child, whether or not that abuse
is accompanied by other actionable wrong-
doing, such as sexual exploitation or gross
negligence.
‘‘(II) The term ‘child’ means an indi-
vidual under 18 years of age.’’.
(c) 
EXEMPTION
FROM
PREEMPTION.—Section
514(b)(7) of such Act (29 U.S.C. 1144(b)(7)) is amended
by inserting ‘‘qualified child abuse orders (within the
meaning of section 206(d)(3)(B)(iii))’’ after ‘‘section
206(d)(3)(B)(i)),’’.
(d) CONFORMING AMENDMENTS.—Section 206(d)(3)
of such Act (29 U.S.C. 1056(d)(3)) is amended—
(1) in subparagraph (C), by inserting ‘‘or child
abuse order’’ after ‘‘A domestic relations order’’;
(2) in subparagraph (D), by inserting ‘‘or child
abuse order’’ after ‘‘A domestic relations order’’;
(3) in subparagraph (E)(i), by inserting ‘‘or
child abuse order’’ after ‘‘A domestic relations
order’’;
(4) in subparagraph (G)(i), by inserting ‘‘or
child abuse order’’ after ‘‘any domestic relations
order’’, by striking ‘‘domestic relations orders’’ in
subclause (I) and inserting ‘‘such an order’’, and by
inserting ‘‘or a qualified child abuse order’’ in sub-
clause (II) after ‘‘a qualified domestic relations
order’’;
(5) in subparagraph (G)(ii), by inserting ‘‘and
child abuse orders’’ after ‘‘domestic relations or-
ders’’, and by inserting ‘‘or child abuse order’’ after
‘‘domestic relations order’’ each place it appears in
subclauses (II) and (III);
(6) in subparagraph (H)(i), by inserting ‘‘or
whether a child abuse order is a qualified child
abuse order’’ after ‘‘whether a domestic relations
order is a qualified domestic relations order’’, and by
inserting ‘‘or a qualified child abuse order’’ after ‘‘to
be a qualified domestic relations order’’;
(7) in subparagraph (H)(ii), by inserting ‘‘or a
qualified child abuse order’’ after ‘‘a qualified do-
mestic relations order’’;
(8) in subparagraph (H)(iii), by inserting ‘‘(in
the case of a domestic relations order) or a qualified
child abuse order (in the case of a child abuse
order)’’ after ‘‘a qualified domestic relations order’’
each place it appears in subclauses (I) and (II);
(9) in subparagraph (H)(iv), by inserting ‘‘or a
qualified child abuse order’’ after ‘‘a qualified do-
mestic relations order’’;
(10) in subparagraph (H)(v), by inserting ‘‘or
child abuse order’’ after ‘‘the domestic relations
order’’;
(11) in subparagraph (I)(i), by inserting ‘‘or
child abuse order’’ after ‘‘a domestic relations
order’’, and by inserting ‘‘or qualified child abuse
order, respectively’’ after ‘‘a qualified domestic rela-
tions order’’;
(12) in subparagraph (J), by inserting ‘‘or a
qualified child abuse order’’ after ‘‘a qualified do-
mestic relations order’’;
(13) in subparagraph (K), by inserting ‘‘or
child abuse order’’ after ‘‘a domestic relations
order’’; and
(14) in subparagraph (M), by inserting ‘‘or a
qualified child abuse order’’ after ‘‘a qualified do-
mestic relations order’’.
SEC. 403. AMENDMENTS TO THE INTERNAL REVENUE CODE
OF 1986.
(a) CREATION OR ASSIGNMENT OF RIGHTS TO BENE-
FITS UNDER QUALIFIED CHILD ABUSE ORDERS.—Sub-
paragraph (B) of section 401(a)(13) of the Internal Rev-
enue Code of 1986 (relating to assignment of benefits) is
amended—
(1) by inserting ‘‘OR CHILD ABUSE ORDERS’’
after ‘‘DOMESTIC RELATIONS ORDERS’’ in the head-
ing;
(2) by inserting ‘‘or a child abuse order’’ after
‘‘a domestic relations order’’; and
(3) by inserting ‘‘or a qualified child abuse
order’’ after ‘‘a qualified domestic relations order’’.
(b) QUALIFIED CHILD ABUSE ORDERS.—Section
414(p) of such Code (defining qualified domestic relations
order) is amended—
(1) in the heading, by inserting ‘‘AND QUALI-
FIED CHILD ABUSE ORDER’’ after ‘‘ORDER’’; and
(2) in paragraph (1), by adding at the end the
following new subparagraphs:
‘‘(C) QUALIFIED CHILD ABUSE ORDER.—
The term ‘qualified child abuse order’ means a
child abuse order—
‘‘(i) which creates or recognizes the
existence of an alternate payee’s right to,
or assigns to an alternate payee the right
to, receive all or a portion of the benefits
payable with respect to a participant under
a plan, and
‘‘(ii) with respect to which the re-
quirements of paragraphs (2) and (3) are
met.
‘‘(D) CHILD ABUSE ORDER.—
‘‘(i) IN
GENERAL.—The term ‘child
abuse order’ means any court order or
other similar process for the enforcement
of a judgment rendered against a partici-
pant or beneficiary under a plan for phys-
ically, sexually, or emotionally abusing a
child.
‘‘(ii) DEFINITIONS.—For purposes of
this subparagraph—
‘‘(I) The term ‘judgment ren-
dered for physically, sexually, or emo-
tionally abusing a child’ means 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
a child, whether or not that abuse is
accompanied 
by 
other 
actionable
wrongdoing, such as sexual exploi-
tation or gross negligence.
‘‘(II) The term ‘child’ means an
individual under 18 years of age.’’.
(c) CONFORMING AMENDMENTS.—Subsection (p) of
section 414 of such Code is amended—
(1) in paragraph (2), by inserting ‘‘or child
abuse order’’ after ‘‘A domestic relations order’’;
(2) in paragraph (3), by inserting ‘‘or child
abuse order’’ after ‘‘A domestic relations order’’;
(3) in paragraph (4)(A), by inserting ‘‘or child
abuse order’’ after ‘‘a domestic relations order’’;
(4) in paragraph (6)(A), by inserting ‘‘or child
abuse order’’ after ‘‘any domestic relations order’’,
by striking ‘‘domestic relations orders’’ in clause (i)
and inserting ‘‘such an order’’, and by inserting ‘‘or
a qualified child abuse order’’ in clause (ii) after ‘‘a
qualified domestic relations order’’;
(5) in paragraph (6)(B), by inserting ‘‘and
child abuse orders’’ after ‘‘domestic relations or-
ders’’;
(6) in paragraph (7)(A), by inserting ‘‘or
whether a child abuse order is a qualified child
abuse order’’ after ‘‘whether a domestic relations
order is a qualified domestic relations order’’, and by
inserting ‘‘or a qualified child abuse order’’ after ‘‘to
be a qualified domestic relations order’’;
(7) in paragraph (7)(B), by inserting ‘‘OR
QUALIFIED CHILD ABUSE ORDER’’ in the heading
after ‘‘QUALIFIED
DOMESTIC
RELATIONS
ORDER’’,
and by inserting ‘‘or a qualified child abuse order’’
after ‘‘a qualified domestic relations order’’;
(8) in paragraph (7)(C), by inserting ‘‘(in the
case of a domestic relations order) or a qualified
child abuse order (in the case of a child abuse
order)’’ after ‘‘a qualified domestic relations order’’
each place it appears in clauses (i) and (ii);
(9) in paragraph (7)(D), by inserting ‘‘or a
qualified child abuse order’’ after ‘‘a qualified do-
mestic relations order’’;
(10) in paragraph (7)(E), by inserting ‘‘or child
abuse order’’ after ‘‘the domestic relations order’’;