[Congressional Bills 104th Congress]
[From the U.S. Government Publishing Office]
[S. 571 Introduced in Senate (IS)]







104th CONGRESS
  1st Session
                                 S. 571

To amend title 10, United States Code, to terminate entitlement of pay 
  and allowances for members of the Armed Forces who are sentenced to 
   confinement and a punitive discharge or dismissal, and for other 
                               purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                             March 16, 1995

    Mrs. Boxer (for herself, Mr. Pryor, Mr. Grassley, Mr. Kohl, Mr. 
Bradley, Mr. Dorgan, Mr. Akaka, Mr. Hollings, Mr. Roth, Mr. Harkin, Mr. 
Reid, Mr. Lieberman, Mr. Baucus, Mr. Abraham, Mr. Simon, and Mr. Robb) 
introduced the following bill; which was read twice and referred to the 
                      Committee on Armed Services

_______________________________________________________________________

                                 A BILL


 
To amend title 10, United States Code, to terminate entitlement of pay 
  and allowances for members of the Armed Forces who are sentenced to 
   confinement and a punitive discharge or dismissal, and for other 
                               purposes.

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

SECTION 1. PAY AND ALLOWANCES OF MEMBERS SENTENCED BY A COURT-MARTIAL 
              TO CONFINEMENT AND PUNITIVE DISCHARGE OR DIS- MISSAL.

    (a) Termination of Entitlement.--(1) Chapter 47 of title 10, United 
States Code (the Uniform Code of Military Justice), is amended by 
adding at the end of subchapter VIII the following new section:
``Sec. 858b. Art. 58b. Sentences to confinement and punitive discharge 
              or dismissal: termination of pay and allowances
    ``(a) Termination of Entitlement.--A member of the armed forces 
sentenced by a court-martial to confinement and to a punishment named 
in subsection (c) is not entitled to pay and allowances for any period 
after the sentence is adjudged by the court-martial.
    ``(b) Restoration of Entitlement.--If, in the case of a member 
sentenced as described in subsection (a), none of the punishments named 
in subsection (c) are included in the sentence as finally approved, or 
the sentence to such a punishment is set aside or disapproved, then, 
effective upon such final approval or upon the setting aside or 
disapproval of such punishment, as the case may be, the termination of 
entitlement of the member to pay and allowances under subsection (a) by 
reason of the sentence adjudged in such case ceases to apply to the 
member and the member is entitled to the pay and allowances that, under 
subsection (a), were not paid to the member by reason of that 
termination of entitlement.
    ``(c) Covered Punishments.--The punishments referred to in 
subsections (a) and (b) are as follows:
            ``(A) Dishonorable discharge.
            ``(B) Bad-conduct discharge.
            ``(C) Dismissal.''.
    (2) The table of sections at the beginning of subchapter VIII of 
chapter 47 of such title is amended by inserting after the item 
relating to section 858a (article 58a) the following:

``858b. 58b. Sentences to confinement and punitive discharge or 
                            dismissal: termination of pay and 
                            allowances.''.
    (b) Conforming Amendments.--(1) Section 857 of title 10, United 
States Code (article 57 of the Uniform Code of Military Justice), is 
amended by striking out ``(a) No'' and inserting in lieu thereof ``(a) 
Except as provided in section 858b of this title (article 58b), no''.
    (2)(A) Section 804 of title 37, United States Code, is repealed.
    (B) The table of sections at the beginning of chapter 15 of such 
title is amended by striking out the item relating to section 804.

SEC. 2. TRANSITIONAL COMPENSATION FOR SPOUSES, DEPENDENT CHILDREN, AND 
              FORMER SPOUSES OF MEMBERS SENTENCED TO CONFINEMENT AND 
              PUNITIVE DISCHARGE OR DISMISSAL.

    (a) Authority To Pay Compensation.--Chapter 53 of title 10, United 
States Code, is amended by inserting after section 1059 the following 
new section:
``Sec. 1059a. Members sentenced to confinement and punitive discharge 
              or dismissal: transitional compensation for spouses, 
              dependent children, and former spouses
    ``(a) Authority To Pay Compensation.--The Secretary of the 
executive department concerned may establish a program to pay 
transitional compensation in accordance with this section to any 
spouse, dependent child, or former spouse of a member of the armed 
forces during any period in which the member's entitlement to pay and 
allowances is terminated under section 858b of this title (article 58b 
of the Uniform Code of Military Justice).
    ``(b) Need Required.--(1) A person may be paid transitional 
compensation under this section only if the person demonstrates a need 
to receive such compensation, as determined under regulations 
prescribed pursuant to subsection (f).
    ``(2) Section 1059(g)(1) of this title shall apply to eligibility 
for transitional compensation under this section.
    ``(c) Amount of Compensation.--(1) The amount of the transitional 
compensation payable to a person under a program established pursuant 
to this section shall be determined under regulations prescribed 
pursuant to subsection (f).
    ``(2) The total amount of the transitional compensation paid under 
this section in the case of a member may not exceed the total amount of 
the pay and allowances which, except for section 858b of this title 
(article 58b of the Uniform Code of Military Justice), such member 
would be entitled to receive during the one-year period beginning on 
the date of the termination of such member's entitlement to pay and 
allowances under such section.
    ``(d) Recipients of Payments.--Transitional compensation payable to 
a person under this section shall be paid directly to that person or to 
the legal guardian of the person, if any.
    ``(e) Coordination of Benefits.--Transitional compensation in the 
case of a member of the armed forces may not be paid under this section 
to a person who is entitled to transitional compensation under section 
1059 or 1408(h) of this title by reason of being a spouse, dependent 
child, or former spouse of such member.
    ``(f) Emergency Transitional Assistance.--Under a program 
established pursuant to this section, the Secretary of the executive 
department concerned may pay emergency transitional assistance to a 
person referred to in subsection (a) for not more than 45 days while 
the person's application for transitional assistance under the program 
is pending approval. Subsections (b) and (d) do not apply to payment of 
emergency transitional assistance.
    ``(g) Regulations.--The Secretary of the executive department 
concerned shall prescribe regulations for carrying out any program 
established by the Secretary under this section.
    ``(h) Definitions.--In this section:
            ``(1) The term `Secretary of the executive department 
        concerned' means--
                    ``(A) the Secretary of Defense, with respect to the 
                armed forces, other than the Coast Guard when it is not 
                operating as a service in the Navy; and
                    ``(B) the Secretary of Transportation, with respect 
                to the Coast Guard when it is not operating as a 
                service in the Navy.
            ``(2) The term `dependent child' has the meaning given that 
        term in section 1059(l) of this title.''.
    (b) Clerical Amendment.--The table of sections at the beginning of 
chapter 53 of title 10, United States Code, is amended by inserting 
after the item relating to section 1059 the following:

``1059a. Members sentenced to confinement and punitive discharge or 
                            dismissal: transitional compensation for 
                            spouses, dependent children, and former 
                            spouses.''.

SEC. 3. EFFECTIVE DATE AND APPLICABILITY.

    (a) Prospective Applicability.--Subject to subsection (b), the 
amendments made by this Act shall take effect on the date of the 
enactment of this Act and shall apply with respect to pay and 
allowances for periods after such date.
    (b) Savings Provision.--(1) If it is held unconstitutional to apply 
section 858b of title 10, United States Code (article 58b of the 
Uniform Code of Military Justice), as added by section 1(a), with 
respect to an act punishable under the Uniform Code of Military Justice 
that was committed before the date of the enactment of this Act, then--
            (A) with respect to acts punishable under the Uniform Code 
        of Military Justice that were committed before that date, the 
        amendments made by this Act shall be deemed not to have been 
        made; and
            (B) the amendments made by this Act shall apply with 
        respect to acts punishable under the Uniform Code of Military 
        Justice that are committed on or after the date of the 
        enactment of this Act.
    (2) For purposes of paragraph (1), the term ``Uniform Code of 
Military Justice'' means the provisions of chapter 47 of title 10, 
United States Code.
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