I
103D CONGRESS
1ST SESSION
H. R. 2067
To amend title 10, United States Code, to authorize the Secretaries of
the military departments to provide temporary transitional and indemnity
compensation payments to the dependents of a member of the Armed
Forces who is separated from the Armed Forces following conviction
for an offense involving the abuse of one of those dependents, and
for other purposes.
IN THE HOUSE OF REPRESENTATIVES
MAY 11, 1993
Mr. KYL (for himself and Mrs. FOWLER) introduced the following bill; which
was referred to the Committee on Armed Services
A BILL
To amend title 10, United States Code, to authorize the
Secretaries of the military departments to provide tem-
porary transitional and indemnity compensation pay-
ments to the dependents of a member of the Armed
Forces who is separated from the Armed Forces follow-
ing conviction for an offense involving the abuse of one
of those dependents, and for other purposes.
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled,
SECTION 1. INDEMNITY COMPENSATION FOR DEPENDENTS
OF MEMBERS OF THE ARMED FORCES DIS-
CHARGED 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
and indemnity 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
military department concerned may pay monthly transi-
tional and indemnity compensation in accordance with this
section to dependents 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
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 and indemnity com-
pensation should be paid under this section, the Secretary
shall pay such compensation to dependents or former de-
pendents 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.