[Congressional Bills 110th Congress]
[From the U.S. Government Publishing Office]
[H.R. 5130 Introduced in House (IH)]







110th CONGRESS
  2d Session
                                H. R. 5130

  To provide for the payment of interest on claims paid by the United 
  States in connection with the correction of military records when a 
  military corrections board sets aside a conviction by court-martial.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                            January 23, 2008

Mr. McDermott introduced the following bill; which was referred to the 
                      Committee on Armed Services

_______________________________________________________________________

                                 A BILL


 
  To provide for the payment of interest on claims paid by the United 
  States in connection with the correction of military records when a 
  military corrections board sets aside a conviction by court-martial.

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

SECTION 1. INTEREST PAYMENTS ON CERTAIN CLAIMS ARISING FROM CORRECTION 
              OF MILITARY RECORDS.

    (a) Interest Payable on Claims.--Subsection (c) of section 1552 of 
title 10, United States Code, is amended by adding at the end the 
following new paragraph:
    ``(4) If the correction of military records under this section 
involves setting aside a conviction by court-martial, the payment of a 
claim under this subsection in connection with the correction of the 
records shall include interest at not less than the rate of interest in 
effect under section 1035 of this title at the time the payment is 
made. The interest shall be calculated on an annual basis, and 
compounded, using the amount of the lost pay, allowances, compensation, 
emoluments, or other pecuniary benefits involved, and the amount of any 
fine or forfeiture paid, beginning from the date of the conviction 
through the date on which the payment is made.''.
    (b) Conforming Amendment Regarding Corrections Board Authority to 
Overturn Convictions.--Subsection (f) of such section is amended by 
inserting ``convened after May 4, 1950, and'' after ``court-martial 
cases''.
    (c) Clerical Amendments.--Subsection (c) of such section is further 
amended--
            (1) by redesignating paragraphs (1), (2), and (3) as 
        subparagraphs (A), (B), and (C), respectively;
            (2) by inserting ``(1)'' after ``(c)'';
            (3) by striking ``If the claimant'' and inserting the 
        following:
    ``(2) If the claimant''; and
            (4) by striking ``A claimant's acceptance'' and inserting 
        the following:
    ``(3) A claimant's acceptance''.
    (d) Retroactive Effectiveness of Amendments.--The amendment made by 
subsection (a) shall apply with respect to any sentence of a court-
martial set aside by a Corrections Board on or after October 1, 2007, 
when the Corrections Board includes an order or recommendation for the 
payment of a claim for the loss of pay, allowances, compensation, 
emoluments, or other pecuniary benefits, or for the repayment of a fine 
or forfeiture, that arose as a result of the conviction. In this 
subsection, the term ``Corrections Board'' has the meaning given that 
term in section 1557 of title 10, United States Code.
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