H. R. 1530—278
(b) PAY OFFSET.—Subsection (c) of such section is amended—
(1) by redesignating paragraph (3) as paragraph (4); and
(2) by inserting after paragraph (2) the following new para-
graph (3):
‘‘(3) The amount of any deficiency resulting from cashing a
check for a dependent under subsection (b)(3), including any charges
assessed against the disbursing official by a financial institution
for insufficient funds to pay the check, may be offset from the
pay of the dependent’s sponsor.’’.
(c) DEFINITIONS.—Such section is further amended by adding
at the end the following:
‘‘(e) Regulations prescribed under subsection (d) shall include
regulations that define the terms ‘dependent’ and ‘sponsor’ for the
purposes of this section. In the regulations, the term ‘dependent’,
with respect to a member of a uniformed service, shall have the
meaning given that term in section 401 of title 37.’’.
SEC. 1091. DESIGNATION OF NATIONAL MARITIME CENTER.
(a) DESIGNATION
OF
NATIONAL
MARITIME
CENTER.—The
NAUTICUS building, located at one Waterside Drive, Norfolk, Vir-
ginia, shall be known and designated as the ‘‘National Maritime
Center’’.
(b) REFERENCE TO NATIONAL MARITIME CENTER.—Any reference
in a law, map, regulation, document, paper, or other record of
the United States to the building referred to in subsection (a)
shall be deemed to be a reference to the ‘‘National Maritime Center’’.
SEC. 1092. SENSE OF CONGRESS REGARDING HISTORIC PRESERVA-
TION OF MIDWAY ISLANDS.
(a) FINDINGS.—Congress makes the following findings:
(1) September 2, 1995, marks the 50th anniversary of the
United States victory over Japan in World War II.
(2) The Battle of Midway proved to be the turning point
in the war in the Pacific, as United States Navy forces inflicted
such severe losses on the Imperial Japanese Navy during the
battle that the Imperial Japanese Navy never again took the
offensive against United States or allied forces.
(3) During the Battle of Midway, an outnumbered force
of the United States Navy, consisting of 29 ships and other
units of the Armed Forces under the command of Admiral
Nimitz and Admiral Spruance, out-maneuvered and out-fought
350 ships of the Imperial Japanese Navy.
(4) It is in the public interest to erect a memorial to
the Battle of Midway that is suitable to express the enduring
gratitude of the American people for victory in the battle and
to inspire future generations of Americans with the heroism
and sacrifice of the members of the Armed Forces who achieved
that victory.
(b) SENSE OF CONGRESS.—It is the sense of Congress that—
(1) the Midway Islands and the surrounding seas deserve
to be memorialized;
(2) the historic structures related to the Battle of Midway
should be maintained, in accordance with the National Historic
Preservation Act (16 U.S.C. 470–470t), and subject to the avail-
ability of appropriations for that purpose.
(3) appropriate access to the Midway Islands by survivors
of the Battle of Midway, their families, and other visitors should
be provided in a manner that ensures the public health and
H. R. 1530—279
safety on the Midway Islands and the conservation of the
natural resources of those islands in accordance with existing
Federal law.
SEC. 1093. SENSE OF SENATE REGARDING FEDERAL SPENDING.
It is the sense of the Senate that in pursuit of a balanced
Federal budget, Congress should exercise fiscal restraint, particu-
larly in authorizing spending not requested by the executive branch
and in proposing new programs.
SEC. 1094. EXTENSION OF AUTHORITY FOR VESSEL WAR RISK INSUR-
ANCE.
Section 1214 of the Merchant Marine Act, 1936 (46 App. U.S.C.
1294), is amended by striking ‘‘June 30, 1995’’ and inserting in
lieu thereof ‘‘June 30, 2000’’.
TITLE XI—UNIFORM CODE OF MILITARY
JUSTICE
SEC. 1101. SHORT TITLE.
This title may be cited as the ‘‘Military Justice Amendments
of 1995’’.
SEC. 1102. REFERENCES TO UNIFORM CODE OF MILITARY JUSTICE.
Except as otherwise expressly provided, whenever in this title
an amendment or repeal is expressed in terms of an amendment
to, or repeal of, a section or other provision, the reference shall
be considered to be made to a section or other provision of chapter
47 of title 10, United States Code (the Uniform Code of Military
Justice).
Subtitle A—Offenses
SEC. 1111. REFUSAL TO TESTIFY BEFORE COURT-MARTIAL.
Section 847(b) (article 47(b)) is amended—
(1) in the first sentence, by inserting ‘‘indictment or’’ after
‘‘shall be tried on’’; and
(2) in the second sentence, by striking out ‘‘shall be’’ and
all that follows and inserting in lieu thereof ‘‘shall be fined
or imprisoned, or both, at the court’s discretion.’’.
SEC. 1112. FLIGHT FROM APPREHENSION.
(a) IN GENERAL.—Section 895 (article 95) is amended to read
as follows:
‘‘§ 895. Art. 95. Resistance, flight, breach of arrest, and escape
‘‘Any person subject to this chapter who—
‘‘(1) resists apprehension;
‘‘(2) flees from apprehension;
‘‘(3) breaks arrest; or
‘‘(4) escapes from custody or confinement;
shall be punished as a court-martial may direct.’’.
(b) CLERICAL AMENDMENT.—The item relating to section 895
(article 95) in the table of sections at the beginning of subchapter
X is amended to read as follows:
‘‘895. Art. 95. Resistance, flight, breach of arrest, and escape.’’.
H. R. 1530—280
SEC. 1113. CARNAL KNOWLEDGE.
(a) GENDER NEUTRALITY.—Subsection (b) of section 920 (article
120) is amended to read as follows:
‘‘(b) Any person subject to this chapter who, under cir-
cumstances not amounting to rape, commits an act of sexual inter-
course with a person—
‘‘(1) who is not that person’s spouse; and
‘‘(2) who has not attained the age of sixteen years;
is guilty of carnal knowledge and shall be punished as a court-
martial may direct.’’.
(b) MISTAKE OF FACT.—Such section (article) is further amended
by adding at the end the following new subsection:
‘‘(d)(1) In a prosecution under subsection (b), it is an affirmative
defense that—
‘‘(A) the person with whom the accused committed the
act of sexual intercourse had at the time of the alleged offense
attained the age of twelve years; and
‘‘(B) the accused reasonably believed that that person had
at the time of the alleged offense attained the age of sixteen
years.
‘‘(2) The accused has the burden of proving a defense under
paragraph (1) by a preponderance of the evidence.’’.
Subtitle B—Sentences
SEC. 1121. EFFECTIVE DATE FOR FORFEITURES OF PAY AND ALLOW-
ANCES AND REDUCTIONS IN GRADE BY SENTENCE OF
COURT-MARTIAL.
(a) EFFECTIVE DATE OF SPECIFIED PUNISHMENTS.—Subsection
(a) of section 857 (article 57) is amended to read as follows:
‘‘(a)(1) Any forfeiture of pay or allowances or reduction in grade
that is included in a sentence of a court-martial takes effect on
the earlier of—
‘‘(A) the date that is 14 days after the date on which
the sentence is adjudged; or
‘‘(B) the date on which the sentence is approved by the
convening authority.
‘‘(2) On application by an accused, the convening authority
may defer a forfeiture of pay or allowances or reduction in grade
that would otherwise become effective under paragraph (1)(A) until
the date on which the sentence is approved by the convening author-
ity. Such a deferment may be rescinded at any time by the conven-
ing authority.
‘‘(3) A forfeiture of pay or allowances shall be applicable to
pay and allowances accruing on and after the date on which the
sentence takes effect.
‘‘(4) In this subsection, the term ‘convening authority’, with
respect to a sentence of a court-martial, means any person author-
ized to act on the sentence under section 860 of this title (article
60).’’.
(b) APPLICABILITY.—The amendment made by subsection (a)
shall apply to a case in which a sentence is adjudged by a court-
martial on or after the first day of the first month that begins
at least 30 days after the date of the enactment of this Act.
H. R. 1530—281
SEC. 1122. REQUIRED FORFEITURE OF PAY AND ALLOWANCES DUR-
ING CONFINEMENT.
(a) EFFECT
OF PUNITIVE SEPARATION
OR CONFINEMENT
FOR
MORE THAN SIX MONTHS.—(1) Subchapter VIII is amended by
inserting after section 858a (article 58a) the following:
‘‘§ 858b. Art. 58b. Sentences: forfeiture of pay and allowances
during confinement
‘‘(a)(1) A court-martial sentence described in paragraph (2) shall
result in the forfeiture of pay and allowances due that member
during any period of confinement or parole. The forfeiture pursuant
to this section shall take effect on the date determined under
section 857(a) of this title (article 57(a)) and may be deferred
as provided in that section. The pay and allowances forfeited, in
the case of a general court-martial, shall be all pay and allowances
due that member during such period and, in the case of a special
court-martial, shall be two-thirds of all pay and allowances due
that member during such period.
‘‘(2) A sentence covered by this section is any sentence that
includes—
‘‘(A) confinement for more than six months or death; or
‘‘(B) confinement for six months or less and a dishonorable
or bad-conduct discharge or dismissal.
‘‘(b) In a case involving an accused who has dependents, the
convening authority or other person acting under section 860 of
this title (article 60) may waive any or all of the forfeitures of
pay and allowances required by subsection (a) for a period not
to exceed six months. Any amount of pay or allowances that, except
for a waiver under this subsection, would be forfeited shall be
paid, as the convening authority or other person taking action
directs, to the dependents of the accused.
‘‘(c) If the sentence of a member who forfeits pay and allowances
under subsection (a) is set aside or disapproved or, as finally
approved, does not provide for a punishment referred to in sub-
section (a)(2), the member shall be paid the pay and allowances
which the member would have been paid, except for the forfeiture,
for the period during which the forfeiture was in effect.’’.
(2) The table of sections at the beginning of subchapter VIII
is amended by adding at the end the following new item:
‘‘858b. 58b. Sentences: forfeiture of pay and allowances during confinement.’’.
(b) APPLICABILITY.—The section (article) added by the amend-
ment made by subsection (a)(1) shall apply to a case in which
a sentence is adjudged by a court-martial on or after the first
day of the first month that begins at least 30 days after the
date of the enactment of this Act.
(c) CONFORMING AMENDMENT.—(1) Section 804 of title 37,
United States Code, is repealed.
(2) 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. 1123. DEFERMENT OF CONFINEMENT.
(a) DEFERMENT.—Subchapter VIII is amended—
(1) by inserting after subsection (c) of section 857 (article
57) the following: