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partment of Defense and the military departments, as in
effect on January 1, 1993, by which female members of
the Armed Forces are restricted from assignment to units
and positions whose mission requires routine engagement
in direct combat on the ground.
Subtitle E—Victims’ Rights and
Family Advocacy
SEC. 551. MANDATORY ARRESTS BY MILITARY LAW EN-
FORCEMENT OFFICIALS WHEN CALLED TO
SCENES OF DOMESTIC VIOLENCE.
(a) IN GENERAL.—Section 807 of title 10, United
States Code (article 7 of the Uniform Code of Military
Justice), is amended by adding at the end the following
new subsection:
‘‘(d)(1) In a case of domestic violence in which a mili-
tary law enforcement official at the scene determines that
physical injury has been inflicted or a deadly weapon or
dangerous instrument has been used, the military law en-
forcement official, upon reasonable belief that an offense
has been committed by a person at the scene, shall appre-
hend that person, if the person is subject to this chapter,
or detain that person and remove that person from the
scene, if that person is not subject to this chapter.
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‘‘(2) The Secretary of Defense shall prescribe by reg-
ulation the definition of ‘domestic violence’ for purposes
of this subsection.
‘‘(3) In this subsection, the term ‘military law en-
forcement official’ means a person authorized under regu-
lations governing the armed forces to apprehend persons
subject to this chapter or to trial thereunder.’’.
(b) DEADLINE FOR PRESCRIBING PROCEDURES.—
The Secretary of Defense shall prescribe procedures to
carry out section 807(d) of title 10, United States Code,
as added by subsection (a), not later than six months after
the date of the enactment of this Act.
SEC. 552. IMPROVED PROCEDURES FOR NOTIFICATION OF
VICTIMS AND WITNESSES OF STATUS OF
PRISONERS IN MILITARY CORRECTIONAL FA-
CILITIES.
(a) IN GENERAL.—(1) Chapter 48 of title 10, United
States Code, is amended by adding at the end the follow-
ing new section:
‘‘§ 957. Status of prisoners: procedures for notifying
victims and witnesses
‘‘The Secretary of Defense shall prescribe procedures
and implement a centralized system for notice of the sta-
tus of offenders confined in military correctional facilities
to be provided to victims and witnesses. Such procedures
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shall, to the maximum extent practicable, be consistent
with procedures of the Federal Bureau of Prisons for vic-
tim and witness notification.’’.
(2) The table of sections at the beginning of such
chapter is amended by adding at the end the following
new item:
‘‘957. Status of prisoners: procedures for notifying victims and witnesses.’’.
(b) DEADLINE FOR PRESCRIBING PROCEDURES.—
The Secretary of Defense shall prescribe the procedures
required by section 957 of title 10, United States Code,
as added by subsection (a), not later than six months after
the date of the enactment of this Act and shall implement
the centralized system required by that section not later
than six months after those procedures are prescribed.
SEC. 553. STUDY OF STALKING BY PERSONS SUBJECT TO
UCMJ.
(a) REPORT REQUIRED.—Not later than six months
after the date of the enactment of this Act, the Secretary
of Defense shall submit to the Committees on Armed Serv-
ices of the Senate and House of Representatives a report
on the problem of stalking by persons subject to the Uni-
form Code of Military Justice (chapter 47 of title 10,
United States Code). In the report, the Secretary shall de-
scribe the scope of the problem of stalking within the
Armed Forces and shall address whether existing proce-
dures and punitive articles under the Uniform Code of
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Military Justice adequately protect members of the Armed
Forces, and dependents of members of the Armed Forces,
who are threatened with stalking. The Secretary shall in-
clude in the report such recommendations for changes to
law and regulations as the Secretary determines to be nec-
essary.
(b) STALKING.—For purposes of the report under
subsection (a), stalking shall be considered to include ac-
tions of a person in repeatedly following or harassing an-
other person with the intent of placing that person in rea-
sonable fear of sexual battery, bodily injury, or death in
such a way that a reasonable person would be caused to
suffer substantial emotional distress and which cause that
person to suffer emotional distress.
SEC. 554. TRANSITIONAL COMPENSATION FOR DEPEND-
ENTS OF MEMBERS OF THE ARMED FORCES
DISCHARGED FOR DEPENDENT ABUSE.
(a) IN GENERAL.—(1) Chapter 53 of title 10, United
States Code, is amended by adding at the end the follow-
ing new section:
‘‘§ 1058. Abused dependents: payment of transitional
compensation
‘‘(a) AUTHORITY TO PAY COMPENSATION.—If a
member of the armed forces is separated from the armed
forces as described in subsection (b), the Secretary of the
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military department concerned may pay monthly transi-
tional compensation in accordance with this section to de-
pendents or former dependents of the member as specified
in subsection (d).
‘‘(b) SEPARATIONS COVERED.—(1) This section ap-
plies in the case of a member of the armed forces on active
duty for a period of more than 30 days—
‘‘(A) who is convicted of a dependent-abuse of-
fense (as defined in subsection (c)) and whose con-
viction results in the member being—
‘‘(i) administratively discharged with a
general discharge or under other than honor-
able conditions; or
‘‘(ii) discharged or dismissed from the
armed forces by sentence of a court-martial; or
‘‘(B) against whom court-martial charges were
preferred for a dependent-abuse offense and who is
discharged in lieu of trial by court-martial in that
case upon approval of the member’s request or appli-
cation for discharge or, in the case of an officer, for
resignation.
‘‘(2) For purposes of this section, a member of the
armed forces who is incarcerated by sentence of a court-
martial with total forfeiture of pay and allowances shall
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be treated as a former member dismissed or discharged
by sentence of a court-martial.
‘‘(c) DEPENDENT-ABUSE OFFENSES.—(1) For pur-
poses of this section, a dependent-abuse offense is conduct
by an individual while a member of the armed forces on
active duty for a period of more than 30 days—
‘‘(A) that involves abuse of the spouse or a de-
pendent child of the member; and
‘‘(B) that is a criminal offense specified in reg-
ulations prescribed by the Secretary of Defense
under paragraph (2).
‘‘(2) The Secretary of Defense shall prescribe by reg-
ulation the criminal offenses, or categories of offenses,
under the Uniform Code of Military Justice (chapter 47
of this title), Federal criminal law, the criminal laws of
the States and other jurisdictions of the United States,
and the laws of other nations that are to be considered
to be dependent-abuse offenses for the purposes of this
section.
‘‘(d) RECIPIENTS OF PAYMENTS.—In any case of a
separation from active duty as described in subsection (b)
in which the Secretary of the military department con-
cerned determines that transitional compensation should
be paid under this section, the Secretary shall pay such
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compensation to dependents or former dependents of the
former member as follows:
‘‘(1) If the former member was married at the
time of the commission of the dependent-abuse of-
fense resulting in the separation, such compensation
shall (except as otherwise provided in this sub-
section) be paid to the spouse or former spouse to
whom the member was married at that time.
‘‘(2) If there is a spouse or former spouse who
(but for subsection (g)) would be eligible for com-
pensation under this section and if there is a de-
pendent child of the former member who does not
reside in the same household as that spouse or
former spouse, such compensation shall be paid to
each such dependent child of the former member
who does not reside in that household.
‘‘(3) If there is no spouse or former spouse who
is (or but for subsection (g) would be) eligible under
paragraph (1), such compensation shall be paid to
the dependent children of the former member.
‘‘(4) For purposes of paragraphs (2) and (3),
an individual’s status as a ‘dependent child’ shall be
determined as of the date on which the member is
convicted of the dependent-abuse offense or, in a
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case described in subsection (b)(1)(B), as of the date
on which the member is discharged.
‘‘(e) COMMENCEMENT
AND
DURATION
OF
PAY-
MENT.—(1) Payment of transitional compensation under
this section shall commence as of the date of the dis-
continuance of the member’s pay and allowances pursuant
to the separation or sentencing of the member.
‘‘(2) Payment of such compensation shall terminate
at the end of the dependents’ transitional period. The de-
pendents’ transitional period is the period (A) beginning
on the date on which the member is convicted of the de-
pendent-abuse offense or, in a case described in subsection
(b)(1)(B), on the date on which the member is discharged,
and (B) ending at the end of the transitional period deter-
mined by the Secretary concerned. Such transitional pe-
riod may not exceed 36 months, except that if the length
of the member’s service on active duty was less than 36
months, the transitional period may not exceed the length
of such service.
‘‘(f) AMOUNT
OF PAYMENT.—(1) Payment to a
spouse or former spouse under this section for any month
shall be at the rate in effect for that month for the pay-
ment of dependency and indemnity compensation under
section 1311(a)(1) of title 38.
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‘‘(2) If a spouse or former spouse to whom compensa-
tion is paid under this section has custody of a dependent
child or children of the member, the amount of such com-
pensation paid for any month shall be increased for each
such dependent child by the amount in effect for that
month under section 1311(b) of title 38.
‘‘(3) If compensation is paid under this section to a
child or children pursuant to subsection (d)(2) or (d)(3),
such compensation shall be paid in equal shares, with the
amount of such compensation for any month determined
in accordance with the rates in effect for that month under
section 1313 of title 38.
‘‘(g) FORFEITURE PROVISIONS.—(1) If a former
spouse receiving compensation under this section remar-
ries, the Secretary shall terminate payment of such com-
pensation, effective as of the date of such marriage. The
Secretary may not renew payment of compensation under
this section to such former spouse in the event of the ter-
mination of such subsequent marriage.
‘‘(2) If after the separation of the former member
as described in subsection (b) the former member resides
in the same household as the spouse or former spouse,
or dependent child, to whom compensation is otherwise
payable under this section, the Secretary shall terminate
payment of such compensation, effective as of the time the
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former member begins residing in such household. Com-
pensation paid for a period after the former member’s sep-
aration, but before the former member resides in the
household, shall not be recouped. If the former member
subsequently ceases to reside in such household before the
end of the period of eligibility for such payments, the Sec-
retary may not resume such payments.
‘‘(3) In a case in which the victim of the dependent-
abuse offense resulting in the separation of the former
member was a dependent child, the Secretary concerned
may not pay compensation under this section to a spouse
or former spouse who would otherwise be eligible to receive
such compensation if the Secretary determines (under reg-
ulations prescribed under subsection (i)) that the spouse
or former spouse was an active participant in the conduct
constituting the dependent-abuse offense.
‘‘(h) COORDINATION OF BENEFITS.—The Secretary
concerned may not make payments to a spouse or former
spouse under both this section and section 1408(h)(1) of
this title. In the case of a spouse or former spouse for
whom a court order provides for payments by the Sec-
retary pursuant to section 1408(h)(1) of this title and to
whom the Secretary offers payments under this section,
the spouse or former spouse shall elect which to receive.
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‘‘(i) REGULATIONS.—The Secretary of each military
department shall prescribe regulations to carry out this
section with respect to members of the armed forces under
the jurisdiction of that Secretary. Such regulations shall
be as uniform as practicable and shall be subject to the
approval of the Secretary of Defense.
‘‘(j) DEPENDENT CHILD DEFINED.—In this section,
the term ‘dependent child’, with respect to a member or
former member of the armed forces separated as described
in subsection (b), means an unmarried child, including an
adopted child or a stepchild, who was residing with the
member at the time of the dependent-abuse offense result-
ing in the separation of the former member and—
‘‘(1) who is under 18 years of age;
‘‘(2) who is 18 years of age or older and is in-
capable of self-support because of a mental or phys-
ical incapacity that existed before the age of 18 and
who is (or was at the time of the former member’s
separation) dependent on the former member for
over one-half of the child’s support; or
‘‘(3) who is 18 years of age or older but less
than 23 years of age, is enrolled in a full-time course
of study in an institution of higher learning ap-
proved by the Secretary of Defense and who is (or
was at the time of the former member’s separation)
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dependent on the former member for over one-half
of the child’s support.’’.
(2) The table of sections at the beginning of such
chapter is amended by inserting after the item relating
to section 1056 the following new item:
‘‘1058. Abused dependents: payment of transitional compensation.’’.
(b) EFFECTIVE DATE.—(1) Section 1058 of title 10,
United States Code, as added by subsection (a), shall
apply with respect to former members of the Armed
Forces discharged or dismissed as described in subsection
(b) of such section after the date that is three years before
the date of the enactment of this Act.
(2) Notwithstanding paragraph (1), no payment may
be made under such section 1058 with respect to any pe-
riod before April 1, 1994.
Subtitle F—Matters Relating to
Military Justice
SEC. 561. IMPROVED RIGHT OF APPEAL IN COURT-MARTIAL
CASES.
(a) RIGHT OF ACCUSED TO PETITION FOR REVIEW
BY COURTS OF MILITARY REVIEW.—Section 869 of title
10, United States Code (article 69 of the Uniform Code
of Military Justice), is amended—
(1) by redesignating subsection (e) as sub-
section (f); and
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(2) by inserting after subsection (d) the follow-
ing new subsection (e):
‘‘(e)(1) A Court of Military Review, upon petition of
the accused and for good cause shown, may review, under
section 866 of this title (article 66)—
‘‘(A) any court-martial case which is subject to
action by the Judge Advocate General under this
section (i) in which the Judge Advocate General de-
termines not to modify or set aside the findings or
sentence, in whole or in part, in accordance with the
application of the accused, and (ii) which is not sent
to the Court of Military Review by order of the
Judge Advocate General; and
‘‘(B) any action taken by the Judge Advocate
General under this section in that case.
‘‘(2) A petition by the accused under paragraph (1)
must be filed with the Court of Military Review within
60 days of the date on which the accused is notified of
the decision of the Judge Advocate General.’’.
(b) EFFECTIVE DATE.—The amendments made by
subsection (a) shall apply with respect to any case re-
viewed by a Judge Advocate General under section 869
of title 10, United States Code, in which an application
is filed under subsection (b) of that section after the date
of the enactment of this Act.
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and inserting in lieu thereof ‘‘Secretary of Defense’’;
and
(2) in subsection (c), by striking out ‘‘Council’’
and inserting in lieu thereof ‘‘Secretary’’.
(c) CONFORMING REPEALS.—The following sections
of the National Defense Authorization Act for Fiscal Year
1993 (Public Law 102–484) are repealed: sections 4218,
4219, and 4220.
(d) CLERICAL AMENDMENTS.—(1) The table of sec-
tions at the beginning of subchapter II of chapter 148 of
such title is amended by striking out the items relating
to sections 2502, 2503, 2504, and 2506.
(2) The table of sections at the beginning of sub-
chapter III of chapter 148 of such title is amended by
striking out the items relating to sections 2515 and 2518.
SEC. 1313. EXPANSION OF OBJECTIVES OF DEFENSE TECH-
NOLOGY REINVESTMENT PROJECTS.
(a) RESTATEMENT
OF
EXISTING
PROVISION
IN
TERMS OF OBJECTIVES.—Section 2501(b) of title 10,
United States Code, is amended by striking out ‘‘defense
resources that—’’ and all that follows through the period
and inserting in lieu thereof ‘‘defense resources capable
of meeting the following objectives: