Child Abuse Accountability Act
PL 103-358 (H.R.3694), enacted 10/14/1994

108 STAT. 3420 
PUBLIC LAW 103-358—OCT. 14, 1994 ' 
Public Law 103-358 
103d Congress 
An Act 
To amend title 5, United States Code, to permit the garnishment of an annuity 
Oct. 14, 1994 
under the Civil Service Retirement System or the Federal Employees' Retirement 
[H.R. 3694] 
System, if necessary to satisfy a judgment against an annuitant for physically, 
sexually, or emotionally abusing a child. 
Be it enacted by the Senate and House of Representatives of 
Child Abuse 
the United States of America in Congress assembled. 
Accountability 
^?Tbo aoQ, 
, 
SECTION 1. SHORT TITLE. 
5 u s e 8331 note. 
This Act may be cited as the "Child Abuse Accountability 
Act". 
SEC. 2. GARNISHMENT AUTHORITY. 
(a) CIVIL SERVICE RETIREMENT SYSTEM.—(1) Section 8345(j)(l) 
of title 5, United States Code, is amended to read as follows: 
"(j)(l) Payments under this subchapter which would otherwise 
be made to an employee. Member, or annuitant based on service 
of that individual shall be paid (in whole or in part) by the Office 
to another person if and to the extent expressly provided for in 
the terms of— 
"(A) any court decree of divorce, annulment, or legal separa-
tion, or the terms of any court order or court-approved property 
settlement agreement incident to any court decree of divorce, 
annulment, or legal separation; or 
"(B) any court order or other similar process in the nature 
of garnishment for the enforcement of a judgment rendered 
against such employee, Member, or annuitant, for physically, 
sexually, or emotionally abusing a child. 
In the event that the Office is served with more than 1 decree, 
order, or other legal process with respect to the same moneys 
due or payable to any individual, such moneys shall be available 
to satisfy such processes 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 pre-
viously served.". 
(2) Section 8345(j)(2) of title 5, United States Code, is amended 
by inserting "other legal process," after "order,". 
(3) Section 8345(j)(3) of title 5, United States Code, is amended 
to read as follows: 
"(3) For the purpose of this subsection— 
"(A) the term 'court' means any court of any State, the 
District of Columbia, the Commonwealth of Puerto Rico, Guam, 
the Northern Mariana Islands, or the Virgin Islands, and any 
Indian court; 
PUBLIC LAW 103-358—OCT. 14, 1994 
108 STAT. 3421 
"(B) 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 wrongdoing, such as sexual exploitation 
or gross negligence; and 
"(C) the term 'child' means an individual under 18 years 
of age.". 
(b) 
FEDERAL EMPLOYEES' RETIREMENT SYSTEM.—(1) Section 
8467(a) of title 5, United States Code, is amended to read as 
follows: 
"(a) Payments under this chapter which would otherwise be 
made to an employee. Member, or annuitant (including an employee, 
Member, or annuitant as defined in section 8331) based on service 
of that individual shall be paid (in whole or in part) by the Office 
or the Executive Director, as the case may be, to another person 
if and to the extent expressly provided for in the terms of— 
"(1) any court decree of divorce, annulment, or legal separa-
tion, or the terms of any court order or court-approved property 
settlement agreement incident to any court decree of divorce, 
annulment, or legal separation; or 
"(2) any court order or other similar process in the nature 
of garnishment for the enforcement of a judgment rendered 
against such employee. Member, or annuitant, for physically, 
sexually, or emotionally abusing a child. 
In the event that the Office or the Executive Director, as the 
case may be, is served with more than 1 decree, order, or other 
legal process with respect to the same moneys due or payable 
to any individual, such moneys shsdl be available to satisfy such 
processes 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.". 
(2) Section 8467(b) of title 5, United States Code, is amended 
by inserting "other legal process," after "order,". 
(3) Section 8467 of title 5, United States Code, is amended 
by adding at the end the following: 
"(c) For the purpose of this section— 
"(1) 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 wrongdoing, such as sexual exploitation 
or gross negligence; and 
"(2) the term 'child' means an individual under 18 years 
of age.". 
(4) Section 8437(e)(3) of title 5, United States Code, is amended 
by striking the period at the end of the first sentence and inserting 
the following: "or relating to the enforcement of a judgment for 
physically, sexually, or emotionally abusing a child as provided 
under section 8467(a).". 
108 STAT. 3422 
PUBLIC LAW 103-358—OCT. 14, 1994 
5 u s e 8345 note. 
SEC. 3. EFFECTIVE DATE. 
The amendments made by this Act shall take effect on the 
date of enactment of this Act, and shall apply with respect to 
any decree, order, or other legal process, or notice of agreement 
received by the Office of Personnel Management or the Executive 
Director of the Federal Retirement Thrift Investment Board on 
or Eifter such date of enactment. 
Approved October 14, 1994. 
LEGISLATIVE HISTORY—H.R. 3694: 
HOUSE REPORTS: No. 103-721 (Comm. on Post Office and Civil Service). 
CONGRESSIONAL RECORD, Vol. 140 (1994): 
Sept. 19, considered and passed House. 
Sept. 30, considered and passed Senate.