H. R. 2401—117
in repeatedly following or harassing another person in a manner
to induce in a reasonable person a fear of sexual battery, bodily
injury, or death of that person or a member of that person’s imme-
diate family.
SEC. 554. TRANSITIONAL COMPENSATION FOR DEPENDENTS OF MEM-
BERS OF THE ARMED FORCES SEPARATED FOR DEPEND-
ENT ABUSE.
(a) IN GENERAL.—(1) Chapter 53 of title 10, United States
Code, is amended by adding at the end the following new section:
‘‘§ 1058. Dependents of members separated for dependent
abuse: transitional compensation
‘‘(a) AUTHORITY TO PAY COMPENSATION.—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
the Secretary of Transportation, with respect to the Coast Guard
when it is not operating as a service in the Navy, may each
establish a program to pay monthly transitional compensation in
accordance with this section to dependents or former dependents
of a member of the armed forces described in subsection (b).
‘‘(b) PUNITIVE AND OTHER ADVERSE ACTIONS COVERED.—This
section applies in the case of a member of the armed forces on
active duty for a period of more than 30 days—
‘‘(1) who is convicted of a dependent-abuse offense (as
defined in subsection (c)) and whose conviction results in the
member—
‘‘(A) being separated from active duty pursuant to a
sentence of a court-martial; or
‘‘(B) forfeiting all pay and allowances pursuant to a
sentence of a court-martial; or
‘‘(2) who is administratively separated from active duty
in accordance with applicable regulations if the basis for the
separation includes a dependent-abuse offense.
‘‘(c) DEPENDENT-ABUSE OFFENSES.—For purposes of this sec-
tion, 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—
‘‘(1) that involves abuse of the spouse or a dependent child
of the member; and
‘‘(2) that is a criminal offense specified in regulations pre-
scribed by the Secretary of Defense under subsection (j).
‘‘(d) RECIPIENTS OF PAYMENTS.—In any case of a separation
from active duty as described in subsection (b), the Secretary shall
pay such 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 offense resulting in
the separation, such compensation shall (except as otherwise
provided in this subsection) 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 compensation under this
section and if there is a dependent 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
13:24 Nov 18, 1993
VerDate 16-NOV-93
Jkt 059200
PO 00000
Frm 00117
Fmt 6655
Sfmt 6501
E:\BILLS\H2401.ENR
bend06
H. R. 2401—118
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 case described in subsection (b)(2), as of the
date on which the member is separated from active duty.
‘‘(e) COMMENCEMENT AND DURATION OF PAYMENT.—(1) Payment
of transitional compensation under this section shall commence
as of the date of the discontinuance of the member’s pay and
allowances pursuant to the separation or sentencing of the member
and, except as provided in paragraph (2), shall be paid for a period
of 36 months.
‘‘(2) If as of the date on which payment of transitional com-
pensation commences the unserved portion of the member’s period
of obligated active duty service is less than 36 months, the period
for which transitional compensation is paid shall be equal to the
greater of—
‘‘(A) the unserved portion of the member’s period of obli-
gated active duty service; or
‘‘(B) 12 months.
‘‘(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 payment of dependency and indemnity
compensation under section 1311(a)(1) of title 38.
‘‘(2) If a spouse or former spouse to whom compensation is
paid under this section has custody of a dependent child or children
of the member, the amount of such compensation 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) SPOUSE AND FORMER SPOUSE FORFEITURE PROVISIONS.—
(1) If a former spouse receiving compensation under this section
remarries, the Secretary shall terminate payment of such compensa-
tion, 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 termination of such subsequent
marriage.
‘‘(2) If after a punitive or other adverse action is executed
in the case of a 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 former
member begins residing in such household. Compensation paid
for a period after the former member’s separation, but before the
former member resides in the household, shall not be recouped.
If the former member subsequently ceases to reside in such house-
13:24 Nov 18, 1993
VerDate 16-NOV-93
Jkt 059200
PO 00000
Frm 00118
Fmt 6655
Sfmt 6501
E:\BILLS\H2401.ENR
bend06
H. R. 2401—119
hold before the end of the period of eligibility for such payments,
the Secretary may not resume such payments.
‘‘(3) In a case in which the victim of the dependent-abuse
offense resulting in a punitive or other adverse action described
in subsection (b) 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 regulations prescribed under
subsection (j)) that the spouse or former spouse was an active
participant in the conduct constituting the dependent-abuse offense.
‘‘(h) EFFECT OF CONTINUATION OF MILITARY PAY.—In the case
of payment of transitional compensation by reason of a total forfeit-
ure of pay and allowances pursuant to a sentence of a court-
martial, payment of transitional compensation shall not be made
for any period for which an order—
‘‘(1) suspends, in whole or in part, that part of a sentence
that includes forfeiture of the member’s pay and allowance;
or
‘‘(2) otherwise results in continuation, in whole or in part,
of the member’s pay and allowances.
‘‘(i) 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 Secretary 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.
‘‘(j) REGULATIONS.—(1) The Secretary of Defense shall prescribe
regulations to carry out this section with respect to the armed
forces (other than the Coast Guard when it is not operating as
a service in the Navy). The Secretary of Transportation shall pre-
scribe regulations to carry out this section with respect to the
Coast Guard when it is not operating as a service in the Navy.
‘‘(2) Regulations prescribed under paragraph (1) shall include
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.
‘‘(k) DEPENDENT CHILD DEFINED.—In this section, the term
‘dependent child’, with respect to a member or former member
of the armed forces referred to 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 resulting 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 incapable
of self-support because of a mental or physical incapacity that
existed before the age of 18 and who is (or, at the time a
punitive or other adverse action was executed in the case
of the former member as described in subsection (b), was)
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 approved by the Secretary of
13:24 Nov 18, 1993
VerDate 16-NOV-93
Jkt 059200
PO 00000
Frm 00119
Fmt 6655
Sfmt 6501
E:\BILLS\H2401.ENR
bend06
H. R. 2401—120
Defense and who is (or, at the time a punitive or other adverse
action was executed in the case of the former member as
described in subsection (b), was) dependent on the former mem-
ber 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. Dependents of members separated for dependent abuse: transitional com-
pensation.’’.
(b) EFFECTIVE DATE.—(1) Section 1058 of title 10, United States
Code, as added by subsection (a), shall apply with respect to a
member of the Armed Forces who, on or after the date of the
enactment of this Act—
(A) is separated from active duty as described in subsection
(b) of such section; or
(B) forfeits all pay and allowances as described in such
subsection.
(2) Notwithstanding paragraph (1), no payment may be made
under such section 1058 with respect to any period before April
1, 1994.
SEC. 555. CLARIFICATION 
OF 
ELIGIBILITY 
FOR 
BENEFITS 
FOR
DEPENDENT VICTIMS OF ABUSE BY MEMBERS OF THE
ARMED FORCES PENDING LOSS OF RETIRED PAY.
(a) PAYMENT REQUIRED.—Subsection (h) of section 1408 of title
10, United States Code, is amended—
(1) by redesignating paragraph (10) as paragraph (11);
and
(2) by inserting after paragraph (9) the following new para-
graph (10):
‘‘(10)(A) For purposes of this subsection, in the case of a member
of the armed forces who has been sentenced by a court-martial
to receive a punishment that will terminate the eligibility of that
member to receive retired pay if executed, the eligibility of that
member to receive retired pay may, as determined by the Secretary
concerned, be considered terminated effective upon the approval
of that sentence by the person acting under section 860(c) of this
title (article 60(c) of the Uniform Code of Military Justice).
‘‘(B) If each form of the punishment that would result in the
termination of eligibility to receive retired pay is later remitted,
set aside, or mitigated to a punishment that does not result in
the termination of that eligibility, a payment of benefits to the
eligible recipient under this subsection that is based on the punish-
ment so vacated, set aside, or mitigated shall cease. The cessation
of payments shall be effective as of the first day of the first month
following the month in which the Secretary concerned notifies the
recipient of such benefits in writing that payment of the benefits
will cease. The recipient may not be required to repay the benefits
received before that effective date (except to the extent necessary
to recoup any amount that was erroneous when paid).’’.
(b) ADMINISTRATION FOR THE COAST GUARD.—Such subsection
is further amended—
(1) in paragraph (2)(A), by inserting after ‘‘Secretary of
Defense’’ the following: ‘‘or, for the Coast Guard when it is
not operating as a service in the Navy, by the Secretary of
Transportation’’; and
13:24 Nov 18, 1993
VerDate 16-NOV-93
Jkt 059200
PO 00000
Frm 00120
Fmt 6655
Sfmt 6501
E:\BILLS\H2401.ENR
bend06