Page:United States Statutes at Large Volume 117.djvu/1503

 117 STAT. 1484

PUBLIC LAW 108–136—NOV. 24, 2003 ‘‘SPACE-AVAILABLE

ENROLLMENT OF STUDENTS; TUITION’’.

Subtitle G—Domestic Violence SEC. 571. TRAVEL AND TRANSPORTATION FOR DEPENDENTS RELOCATING FOR REASONS OF PERSONAL SAFETY.

Section 406(h) of title 37, United States Code, is amended by adding at the end the following new paragraph: ‘‘(4)(A) If a determination described in subparagraph (B) is made with respect to a dependent of a member described in that subparagraph and a request described in subparagraph (C) is made by or on behalf of that dependent, the Secretary may provide a benefit authorized for a member under paragraph (1) or (3) to that dependent in lieu of providing such benefit to the member. ‘‘(B) A determination described in this subparagraph is a determination by the commanding officer of a member that— ‘‘(i) the member has committed a dependent-abuse offense against a dependent of the member; ‘‘(ii) a safety plan and counseling have been provided to that dependent; ‘‘(iii) the safety of the dependent is at risk; and ‘‘(iv) the relocation of the dependent is advisable. ‘‘(C) A request described in this subparagraph is a request by the spouse of a member, or by the parent of a dependent child in the case of a dependent child of a member, for relocation. ‘‘(D) Transportation may be provided under this paragraph for household effects or a motor vehicle only if a written agreement of the member, or an order of a court of competent jurisdiction, gives possession of the effects or vehicle to the spouse or dependent of the member concerned. ‘‘(E) In this paragraph, the term ‘dependent-abuse offense’ means an offense described in section 1059(c) of title 10.’’. SEC. 572. COMMENCEMENT AND DURATION OF PAYMENT OF TRANSITIONAL COMPENSATION.

(a) COMMENCEMENT.—Paragraph (1)(A) of section 1059(e) of title 10, United States Code, is amended by striking ‘‘shall commence’’ and all that follows and inserting ‘‘shall commence— ‘‘(i) as of the date the court-martial sentence is adjudged if the sentence, as adjudged, includes a dismissal, dishonorable discharge, bad conduct discharge, or forfeiture of all pay and allowances; or ‘‘(ii) if there is a pretrial agreement that provides for disapproval or suspension of the dismissal, dishonorable discharge, bad conduct discharge, or forfeiture of all pay and allowances, as of the date of the approval of the courtmartial sentence by the person acting under section 860(c) of this title (article 60(c) of the Uniform Code of Military Justice) if the sentence, as approved, includes an unsuspended dismissal, dishonorable discharge, bad conduct discharge, or forfeiture of all pay and allowances; and’’. (b) DURATION.—(1) Paragraph (2) of such section is amended by striking ‘‘a period of 36 months’’ and all that follows through ‘‘12 months’’ and inserting ‘‘a period of not less than 12 months

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