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H.R. 3694, THE CHILD ABUSE ACCOUNTABII^ \^ ITY ACT, AND H.R. 4570, THE CHILD SUP- PORT RESPONSIBIUTY ACT Y4.P 84/10:103-47 H.R. U9A, The Child Abuse Account). HEAEING BEFORETHE SUBCOMMITTEE ON COMPENSATION AND EMPLOYEE BENEFITS OFTHE COMMITTEE ON POST OFFICE AND CIVIL SERVICE HOUSE OF REPRESENTATIVES ONE HUNDRED THIRD CONGRESS SECOND SESSION JULY 12, 1994 Serial No. 103-47 Printed for the use ofthe Committee on Post Office and Civil Service U.S. GOVERNMENTPRINTING OFFICE 83-200 WASHINGTON : 1994 ForsalebytheU.S.GovernmentPrintingOffice SuperintendentofDocuments.CongressionalSalesOffice,Washington,DC 20402 ISBN 0-16-046345-9 H.R. 3694, THE CHILD ABUSE ACCOUNTABIl^ \^ ITY ACT, AND H.R. 4570, THE CHILD SUP- PORT RESPONSIBIUTY ACT Y4.P 84/10:103-47 H.R. U9A, The Cliild Abuse ftccounti... HEARING . BEFORETHE I SUBCOMMITTEE ON J COMPENSATION AND EMPLOYEE BENEFITS OFTHE COMMITTEE ON POST OFFICE AND CIVIL SERVICE HOUSE OF REPRESENTATIVES ONE HUNDRED THIRD CONGRESS SECOND SESSION JULY 12, 1994 Serial No. 103-47 Printed for the use ofthe Committee on Post Office and Civil Service r>v U.S. GOVERNMENT PRINTING OFFICE 8a-200 WASHINGTON : 1994 ForsalebytheU.S.GovernmentPrintingOffice SuperintendentofDocuments,CongressionalSalesOffice,Washington.DC 20402 ISBN 0-16-046345-9 COMMITTEE ON POST OFFICE AND CIVIL SERVICE WILLIAML.CLAY,Missouri,Chairman PATRICIASCHROEDER,Colorado JOHNT. MYERS, Indiana FRANKMcCLOSKEY,Indiana BENJAMINA. OILMAN,NewYork GARYL.ACKERMAN,NewYork DONYOUNG,Alaska THOMASC. SAWYER, Ohio DANBURTON, Indiana PAULE. KANJORSKI, Pennsylvania CONSTANCEA. MORELLA,Maryland ELEANORHOLMESNORTON,Districtof THOMASJ. RIDGE,Pennsylvania Columbia THOMASE. PETRI,Wisconsin BARBARA-ROSE COLLINS,Michigan SHERWOODL. BOEHLERT,NewYork LESLIEL. BYRNE,Virginia (Vacancy) MELVINL.WATT,NorthCarolina ALBERTRUSSELLWYNN,Maryland GREGLAUGHLIN,Texas SANFORDD. BISHOP,JR.,Georgia SHERRODBROWN,Ohio ALCEE L. HASTINGS,Florida GailE.Weiss,StaffDirector RobertE. Lockhart,GeneralCounsel DorisMoore-Glenn,DeputyStaffDirector JosephA.Fisher,MinorityStaffDirector Subcommittee on Compensationand Employee Benefits ELEANORHOLMESNORTON,DistrictofColumbia,Chair GARYL.ACKERMAN,NewYork CONSTANCEA. MORELLA,Maryland LESLIEL. BYRNE,Virginia DONYOUNG,Alaska CedricHenpricks,SubcommitteeStaffDirector (II) CONTENTS July 12, 1994 Page HearingheldinWashington,DC,July12, 1994 1 Statementof: Colter,Barbara,parentseekingchildsupport,Vance,SC 42 Ebobf,ANbaunscey,ACwhairlednreesns's;DSeaflelvnseGolFdufnadr;b,SyNlvOiaWClLuetgea,lADmeefreincsaenaCnodaliEtdiuo-n cationFund; EleanorLandstreet, National Child SupportEnforcement Association; and Geraldine Jensen, Association for Children for En- forcementofSupport 44 Green, Lorraine A., Deputy Director, Office of Personnel Management, preparedstatementof 20 Miller, StuartA., seniorlegislative analyst, American Fathers Coalition; andDavidL.Levy,president.Children'sRightsCouncil 69 Roukema, Hon. Marge S., a Representative in Congress from the State ofNewJersey 5 Schroeder, Hon. Patricia, a Representative in Congress from the State ofColorado 2 Simone, Sharon, child abuse survivor; and Joyce Seelen, attorney, Hol- land,SeelenandPagliuca,Denver,CO 28 Snowe, Hon. OljTnpia J., a Representative in Congress from the State ofMaine 11 Preparedstatements,letters,supplementalmaterials,etcetera: Bloom, Lisa, attorney, Allred, Maroko and Goldberg, Los Angeles, CA, preparedstatementof 182 Clute, Sylvia, American Coalition ofAbuse Awareness, prepared statementof 52 Ebb,Nancy,Children'sDefenseFund,preparedstatementof 45 Golsdtfaatrebm,enStalolfy, NOW Legal Defense and Education.Fund, prepared 56 Jensen, Geraldine, Association for Children for Enforcement ofSupport, preparedstatementof 64 Landstreet, Eleanor, National Child Support Enforcement Association, preparedstatementof 62 Levy, David L., president. Children'sRightsCouncU, prepared statement of 175 Medhcott,Elizabeth,lettertoHon.PatSchroeder 183 Miller, StuartA., seniorlegislative analyst, AmericanFathers Coahtion, preparedstatementof 70 MoreUa,Hon. ConstanceA.,aRepresentativeinCongressfromtheState ofMaryland,preparedstatementof 17 Roukema, Hon. Marge S., a Representative in Congress from the State ofNewJersey,preparedstatementof 8 Schroeder, Hon. Patricia, a Representative in Congress from the State ofColorado,preparedstatementof 4 Seelen, Joyce, attorney, Holland, Seelen and Pagliuca, Denver, CO, preparedstatementof 39 Simone,Sharon,chUdabusesvu^vor,preparedstatementof 33 Snowe, Hon. Olympia J., a Representative in Congress from the State ofMaine,preparedstatementof 13 (III) H.R THE CHILD ABUSE ACCOUNTABIL- 3694, ITY ACT, AND H.R. 4570, THE CHILD SUP- PORT RESPONSIBILITY ACT TUESDAY, JULY 12, 1994 House ofRepresentatives, Committee onPostOfficeand CivilService, Subcommittee onCompensationandEmployee Benefits, Washington, DC. The subcommittee met, pursuant to call, at 11:10 a.m., in room 311, Cannon House Office Building, Hon. Eleanor Holmes Norton (chairofthe subcommittee)presiding. Members present: Representatives Norton and Morella. Memberalsopresent: Mrs. Schroeder. Ms. Norton. Ms. Bryne and Mrs. Morella are on their way. But we have three distinguished Members who for as long as this issue hasbeen on anyburnerhave provided the singular leadership that has finally produced the bill that is before us today. In order not to hold them up, I am going to begin with my statement and then proceed. Today, the Subcommittee on Compensation and Employee Bene- fits convenes to hear testimony on two bills. The first, which re- spondstopainful experiences, would allow annuities ofFederal employees to be gamisheed to satisfy courtjudgments forchild abuse. The second is landmark legislation that would finallv introduce an effective systemforthepaymentand collectionofchild support. First, H.R. 3694, the Child Abuse Accountability Act, was in- spired by the case of two sisters, Sharon Simone and Sue Ham- mond, who prevailed in a civil lawsuit for sexual child abuse againsttheirfather, aformerFBI agent. Although vindicated in a court oflaw, the sisters continue to be victimizedbyafatherwho successfullyliquidated all his assets and fled the country avoiding any payment ofthe $2.2 milUon in court- ordered damagesforhisabuse. Because he was retired, the father had no wages to garnish and his retirement annuity is protected from garnishment lorpurposes otherthan child supportand alimony. The case was recently dramatized in a television movie called "The Ultimate Betrayal," which starred Mario Thomas as Sharon Simone. The subcommittee is pleased that Ms. Simone, one ofthe sisters,willtestifythismorning. The subcommittee is particularly pleased to be the first commit- teetohold hearings onH.R. 4570, the Child Support Responsibility Act of1994. H.R. 4570 represents the firstnational approach to as- (1) suring child support from both parents. No issue before the Con- gress has undergone more study or engendered more widespread anguish. The Federal sector both in its responsibility for Federal benefits for millions ofAmericans and as the largest employer in the country is the most critical actor in solidifying national enforcement of child support. Among other things, H.R. 4570 would allow back child support to be garnished for Federal benefit programs such as veteran benefits, black lung benefits. Federal death benefits, and workman's compensation, all of which are currently protected from garnishment. Moreover, the bill would require new hires of the Federal Gov- ernment who owe back child support ofmore than $1,000 to make arrangements with a court or an administrativejudge to pay that child support as a condition of employment. This provision, tech- nically within the Subcommittee on Civil Service'sjurisdiction, can demonstrate the Federal Government's role as a model that other employers hopefully will follow. I have convened this hearing on the first day following the July 4 recess in the hope that the expeditious movement ofthese bills could result in passage this session. Child abuse and child support both cry out for effective statutory remedies. No issues have been studied more orare more necessaryto pass in this Congress. Our first panel consists ofthe Honorable Patricia Schroeder, the Honorable Marge Roukema, and the Honorable Olympia Snowe. TheseMemberswill testifyon eitherofthebills. I want to not only welcome them but thank them for appearing and for work that most ofus will never know about, because it has been such long and effective work in the vineyards in order to producethisbill. So, you may speak in whatever order you please. And you may speakon eitherbill, ofcourse. STATEMENTOFHON.PATRICIASCHROEDER,AREPRESENTA- TIVE INCONGRESSFROMTHE STATE OFCOLORADO Mrs. Schroeder. Well, maybe we will start out here and I will kickit offas amemberofthe committee. And I cannot thank enough the Chair for doing this. I know you are an active member ofthe Congressional Caucus on Women's Is- sues, and I was absolutely thrilled when we got together this com- prehensive child support bill that Congresswoman Roukema and Congresswoman Kennelly have worked so long and hard on the Interstate Commission puttingthose pieces together. And I was so thrilled that the caucus has been able to make this front and center, get commitments from both the Speaker and the minority leader, Mr. Gingrich, that we can try and blast this out ofthe seven committees. And I can't thank you enough for being the first to start the hearings. It has been women in the leadership all the way. So, it is an honor to see the first committee hearing be the one chaired byone ofourgood members, thankyou. And thank you so much for tackling this because I think it is a great embarrassment that Federal employees too have been able to duck and hide on child support enforcement. But since other members will address that more clearly, let me move on to the second bill that I feel equally as passionate about, and that is the Child AbuseAccountabilityAct. I feel very passionately about this because when I first came to Congress I started worlung in the child abuse area, and we now know that every 13 seconds in this country a child is beaten or abused in some manner. In the first minute that I have now been speaking over 4 children have been battered in some manner by someone who is supposedlycaringforthem. It is an interesting def- inition ofcaring. What this bill does is address the people who have now come for- ward and started totake on this. The scars from this kind ofabuse, obviously, don't appear till much later in life, because suddenly people start suffering repercussions and flashbacks, nightmares, chronic depression, all sorts ofthings that happen. And as we see more and more people learning about this and knowing what to do about this, people are beginningto move into the court systems for theseverytraumatictrials. I got involved because of one of these very traumatic trials. These two sisters that you mentioned. Madam Chair, whose fa—ther had been in the FBI and his specialty had been child abuse he would be out on the road talking about child abuse, and then he would go home and be a child abuser. And the whole time the mother would tell the young women, "We can't do an)rthing about this because dad'sjob would be injeopardy." Obviously, it probably would. And now, after they worked this through as older women, went to court, went through the painfully difficult traumatic trial, when they got done and they got theirjudgment from the court, having convinced them that indeed this is what had gone on during their lives, they move out and find out that their father is able to hide behind Federal immunity. Because as an FBI agent his Federal pension could notbe attachedforthis payment. You couldn't have a better case because he made his living preaching against what he was doing, and now his pension can't be touched. Itjust seems to me we absolutely have to stop this injustice, and thatiswhatthisbill is all about. You are going to hear much more eloquent testimony from Shar- on Simone, who has become a friend of mine and can lay this all out very, very clearly. For me to even attempt to verbalize her con- cerns would be not nearly as good as hearing them from herself. So, I am going to ask unanimous consent to put my entire statement in the record. Ms. Norton. So ordered. Mrs. SCHROEDER. But I think it is very, very important that we move on this, that we act swiftly to combat this injustice. You know, any country that doesn't protect its children isn't very con- cerned about its future. And whenyou see the Federal Government out there leading the way on allowing people to hide behind Fed- eral immunitythat is reallyrathershocking. When I first came to Congressyou couldn't even attach wages for child support. We worked very hard to get Federal wages attached for child support. We worked very hard to get all sorts of things done tokeep poundingaway atthis. But I think this is the next step. Ifwe don't hold child abusers accountable, ifthey can hide behind Federal immunity and laugh atthe law, we all looklikefools. So, I thankyou so much for havingthe hearing on both ofthese. I have put my statement in the record, and let me now yield to Congresswoman Roukema. [The prepared statementofHon. Patricia Schroederfollows:] PreparedStatementofHon.PatriciaSchroeder,aRepresentativein CongressFromtheStateofColorado MadamChairwomanandMembersoftheSubcommittee:Thankyouforconvening this hearing to discuss H.R. 3694, the Child Abuse AccountabiUty Act, and H.R. 4570,theChildSupportResponsibihtyActof1994.Thisnation'scommitmenttoour children and their welfare is ofvital importance. I have introduced these bills to addresstwoissues thatthreatenthe well-beingofourmostvulnerable population. My fellow Congresswomen will be addressingthe Child SupportResponsibihtyAct indetail,soIwilllimitmyremarksonthistopic. The state ofchild support in this country is a national disgrace. Everyyearoiu- children are robbed of$34 bUUon by parents who do not hve up to their support obligations. Formanyofthese childrenthis means nowarmjacketthis winter, no notebooksforschool,nofullstomachatnight. It'sthedifferencebetweenbarelyget- tingbyand livingin direpoverty. This section ofthe Child SupportResponsibihty Act addresses federal employees who are shortchanging their children by refusing to support them. This legislation will make it impossible for deadbeat parents to hidebehindtheirfederalemploymentwhilerenegingontheirfinancialresponsibil- ities. Any individual who owes more than $1000 in child support, with no plan to pay the debt, will be inehgible for federal employment. Already employed individ- uals will be compelled to financially care fortheir children ifthey wantto receive theirfullemploymentbenefits. Itiscrucialthatwetaketheleadonthisissue:our governmentmustnotcontinuetoshielddeadbeatparentsattheexpenseofourna- tion'schildren. The rest ofmy remarks will focus on the Child Abuse Accountabihty Act, a bill designedtoholdchildabusersaccountablefortheirhorrificcrimesagainstchildren. Every thirteen seconds in this country, a child is beaten, kicked, burned, mo- lested,orotherwiseabused. ThatmeansthatintheoneminuteI havebeenspeak- ing, foiu- children have been battered, fondled, raped, or otherwise tormented by someone"caring^'forthem. AccordingtotheNationalCenterfortheProsecutionof ChildAbuse,thereareover2.9millionreportsofsuspectedchild abuseandneglect per year (1992). Moreover, 1200 children are killed every year in this country. That'sthreedeadchildreneveryday. Forthechildrenwhosurviveachildhoodmarredbyphysicalandmentalanguish, the scars do not disappear so quickly. Survivors suffer the repercussions ofabuse foafrteirnrtoor—adutlhteholiosdt.isFleaxshhabuasctkisv,enaingdhthmoarrriefsy,incgh.roCnhiiclddheeplrpesUsiSoAn,eusntpirmeadtiecstatbhlaetbuoputtso 6to0damyi.llNioOnWpeoLpelgealarDeefUevnisnegawintdhEtdhuecastciarosnoFfucnhdilpdrheodoidctssextuhaalta2b8usmeiUiinonthimsorceoucnhtirly- drenwiUbeaddedtothatgruesomerosterinthenextdecade. Someofthese sxirvivorsturnto ourcourtsystem toholdtheirabuserscivillyac- countable for their crimes. They endure traumatic trials, reUving the years oftor- ment, in order to hold their abusers responsible when oiu- criminaljustice system has failed to do so. Tragically, vindication by a court is only the beginning ofthe struggleforcountlessvictims.Evenafteracourtfindstheabuserguiltyandawards thesurvivorcompensation,thefederalgovernmentnullifiesthisvictorybyrefusing topaythemoneythatthecourtwasawarded. Childabusersareabletoavoidpayingawardsbyhquidatingtheirassetsandflee- ing. Ofl;en, theonlysovu-ceofmoneyavailableisapaycheck, whichcouldbeeasily garnished. Federal pensions, however, havebeen singled outfor special treatment. Under the current law, the Office ofPersonnel Management refuses to satisfy a valid,courtorderedjudgmentwithanabuser'spension.UncleSamsheltersabusers bymakingtheirpensionsuntouchable.Thisisobstructionofjusticeandusurpation ofjudicial function. Insteadofhelpingsurvivorsto secure the awards properly due tothem,thefederalgovernmentcollaborateswiththeabuserand spitesthecourt's verdict.