This bill amends the Uniform Code of Military Justice to deny back pay and allowances to any person who is guilty of desertion.
The Department of Defense shall use payments and allowances denied to a deserter under this bill to provide compensation to any members of the Armed Forces who were wounded while searching for the deserter or to representatives of any members who were killed while searching for the deserter.
[Congressional Bills 115th Congress]
[From the U.S. Government Publishing Office]
[H.R. 4437 Introduced in House (IH)]
<DOC>
115th CONGRESS
1st Session
H. R. 4437
To amend the Uniform Code of Military Justice to prohibit the payment
of back pay and allowances to certain members of the Armed Forces who
are guilty of desertion and to use the amount of any such unpaid pay
and allowances to provide additional compensation to other members of
the Armed Forces who were killed or wounded during missions to search
for the missing members.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
November 16, 2017
Mr. Graves of Louisiana (for himself, Mr. Walz, Mr. Abraham, Mr. Babin,
Mr. Crawford, Mr. Kinzinger, Mr. Smith of Missouri, Mrs. Hartzler, and
Ms. McSally) introduced the following bill; which was referred to the
Committee on Armed Services
_______________________________________________________________________
A BILL
To amend the Uniform Code of Military Justice to prohibit the payment
of back pay and allowances to certain members of the Armed Forces who
are guilty of desertion and to use the amount of any such unpaid pay
and allowances to provide additional compensation to other members of
the Armed Forces who were killed or wounded during missions to search
for the missing members.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. LOSS OF BACK PAY AND ALLOWANCES BY CERTAIN MEMBERS OF THE
ARMED FORCES GUILTY OF DESERTION.
(a) In General.--Section 885 of title 10, United States Code
(article 85 of the Uniform Code of Military Justice), is amended by
adding at the end the following new subsection:
``(d)(1) In addition to the punishments authorized under subsection
(c), any person who is guilty of desertion, and who in connection with
the person's absence without authority was also listed in the duty
status of missing-captive, is not entitled to any pay and allowances
otherwise payable under subsection (a) of section 552 of title 37 for
any period during which the person was listed in any missing status,
including such missing-captive, after the date on which the person was
first determined to be absent from the person's post of duty without
authority. As provided in subsection (c) of such section 552, the
person is indebted to the United States for payments from amounts
credited to the person's account for that period.
``(2) The Secretary of Defense shall use amounts unpaid or
recovered by reason of operation of paragraph (1) to provide
compensation, in such amounts as the Secretary considers appropriate,
to--
``(A) any members of the armed forces who were wounded
while searching for the person guilty of desertion; and
``(B) the designated representatives of any members of the
armed forces who were killed while searching for the person.''.
(b) Effective Period of Amendment.--Subsection (d) of section 885
of title 10, United States Code (article 85 of the Uniform Code of
Military Justice), as added by subsection (a), shall apply only with
respect to a member of the Armed Forces who, during the one-year period
beginning on October 1, 2017, is guilty of desertion as described in
such subsection (d).
<all>
Introduced in House
Introduced in House
Referred to the House Committee on Armed Services.
Referred to the Subcommittee on Military Personnel.
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