[Congressional Bills 110th Congress]
[From the U.S. Government Publishing Office]
[S. 2491 Introduced in Senate (IS)]







110th CONGRESS
  1st Session
                                S. 2491

  To amend title 10, United States Code, to authorize adjustments for 
inflation in payments of forfeited pay and allowances to members of the 
     Armed Forces whose court-martial sentences of confinement and 
                    forfeiture are later set aside.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                           December 14, 2007

  Mr. Nelson of Florida 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 authorize adjustments for 
inflation in payments of forfeited pay and allowances to members of the 
     Armed Forces whose court-martial sentences of confinement and 
                    forfeiture are later set aside.

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

SECTION 1. ADJUSTMENT FOR INFLATION IN PAYMENTS OF FORFEITED PAY AND 
              ALLOWANCES FOR MEMBERS OF THE ARMED FORCES WHOSE COURT-
              MARTIAL SENTENCES OF CONFINEMENT AND FORFEITURE ARE LATER 
              SET ASIDE.

    (a) Adjustment Required.--Section 858b(c) of title 10, United 
States Code (article 58b(c) of the Uniform Code of Military Justice), 
is amended--
            (1) by inserting ``(1)'' after ``(c)''; and
            (2) by adding at the end the following new paragraph:
    ``(2) In the case of a sentence covered by paragraph (1) that is 
set aside, the amount paid the member under that paragraph shall 
appropriately reflect the effect of inflation on the amount of pay and 
allowances forfeited by the member as described in that paragraph over 
the period during which the forfeiture covered by that paragraph was in 
effect.''.
    (b) Effective Date.--
            (1) In general.--The amendments made by subsection (a) 
        shall take effect on the date of the enactment of this Act, and 
        shall apply with respect to sentences set aside under chapter 
        47 of title 10, United States Code (the Uniform Code of 
        Military Justice), on or after that date.
            (2) Retroactive effectiveness.--The authority in paragraph 
        (2) of section 858b(c) of title 10, United States Code, as 
        added by subsection (a) of this section, may apply to such 
        category or categories of members or former members of the 
        Armed Forces who sentences were set aside under chapter 47 of 
        title 10, United States Code, before the date of the enactment 
        of this Act as the Secretary of Defense shall, in good 
        conscience and equity, prescribe for purposes of this section.
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