[Congressional Bills 104th Congress]
[From the U.S. Government Publishing Office]
[S. 205 Introduced in Senate (IS)]







104th CONGRESS
  1st Session
                                 S. 205

    To amend title 37, United States Code, to revise and expand the 
 prohibition on accrual of pay and allowances by members of the Armed 
        Forces who are confined pending dishonorable discharge.


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                   IN THE SENATE OF THE UNITED STATES

             January 11 (legislative day, January 10), 1995

  Mrs. Boxer introduced the following bill; which was read twice and 
              referred to the Committee on Armed Services

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                                 A BILL


 
    To amend title 37, United States Code, to revise and expand the 
 prohibition on accrual of pay and allowances by members of the Armed 
        Forces who are confined pending dishonorable discharge.

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

SECTION 1. PAY AND ALLOWANCES.

    (a) Revision of Prohibition.--(1) Section 804 of title 37, United 
States Code, is amended to read as follows:
``Sec. 804. Prohibition of accrual of pay and allowances during 
              confinement pending dishonorable discharge
    ``(a) Pay and Allowances Not To Accrue.--A member of the armed 
forces sentenced by a court-martial to a dishonorable discharge is not 
entitled to 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 to dishonorable discharge is disapproved, mitigated, or 
changed by an official authorized to do so or is otherwise set aside by 
competent authority, the prohibition in subsection (a) shall cease to 
apply to the member on the basis of that sentence and the member shall 
be entitled to receive the pay and allowances that, under subsection 
(a), did not accrue to the member by reason of that sentence.''.
    (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 of accrual of pay and allowances during confinement 
                            pending dishonorable discharge.''.
    (b) Prospective Applicability.--The amendment made by subsection 
(a)(1) does not apply to pay periods beginning before the date of the 
enactment of this Act.
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