[Congressional Bills 104th Congress]
[From the U.S. Government Publishing Office]
[H.R. 585 Introduced in House (IH)]







104th CONGRESS
  1st Session
                                H. R. 585

 To amend title 37, United States Code, to prohibit the accrual of pay 
and allowances by members of the Armed Forces who are confined pending 
         dismissal or a dishonorable or bad-conduct discharge.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                            January 19, 1995

 Mrs. Lincoln introduced the following bill; which was referred to the 
                     Committee on National Security

_______________________________________________________________________

                                 A BILL


 
 To amend title 37, United States Code, to prohibit the accrual of pay 
and allowances by members of the Armed Forces who are confined pending 
         dismissal or a dishonorable or bad-conduct discharge.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. PROHIBITION ON ACCRUAL OF PAY AND ALLOWANCES BY CERTAIN 
              INCARCERATED MEMBERS.

    (a) Revision of Existing Prohibition.--(1) Section 804 of title 37, 
United States Code, is amended to read as follows:
``Sec. 804. Prohibition on accrual of pay and allowances during 
              confinement pending dismissal or dishonorable or bad-
              conduct discharge
    ``(a) Pay and Allowances Not To Accrue.--A member of the armed 
forces who is under a sentence that includes dismissal or a 
dishonorable or bad-conduct discharge shall not be entitled to any pay 
and allowances for any period during which the member is in confinement 
after the adjournment of the court-martial that adjudged such sentence.
    ``(b) Restoration of Entitlement.--If a sentence of a member of the 
armed forces described in subsection (a) is disapproved, mitigated, or 
changed by an official authorized to do so or is otherwise set aside by 
competent authority such that the sentence no longer includes dismissal 
or a dishonorable or bad-conduct discharge, the prohibition in 
subsection (a) shall cease to apply to the member on the basis of that 
sentence. The member shall be entitled to receive the pay and 
allowances that, in the absence of the prohibition, would have accrued 
to the member.''.
    (2) Clerical Amendment.--The item relating to section 804 in the 
table of sections at the beginning of chapter 15 of such title is 
amended to read as follows:

``804. Prohibition on accrual of pay and allowances during confinement 
                            pending dismissal or dishonorable or bad-
                            conduct discharge.''.
    (b) Prospective Applicability.--The amendment made by subsection 
(a)(1) shall not apply to pay periods beginning before the date of the 
enactment of this Act.
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