What This Bill Does
This bill allows dependents of military members to receive transitional compensation (temporary financial support) in two situations. First, when a military member is convicted of abusing a dependent in federal or state court and then separated from the military for an unrelated offense. Second, when a military member is accused but not convicted of dependent abuse, a commander finds probable cause the abuse happened, and the member forfeits all pay and allowances for a different offense.
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Who It Affects
Dependents (family members) of active duty military members accused or convicted of dependent abuse.
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Key Provisions
* Military members convicted of dependent abuse in federal or state court who are then separated from active duty for an unrelated offense become eligible for their dependents to receive transitional compensation. (Sec. 2(a))
* Military members accused of dependent abuse (but not convicted) whose commander determines by a preponderance of evidence (more likely than not) that the abuse occurred, and who must forfeit all pay and allowances for a different offense, qualify their dependents for transitional compensation. (Sec. 2(a))
* For members accused but not convicted of dependent abuse, transitional compensation payments begin either when the member is held in pretrial confinement after a 7-day review or when a commander determines probable cause (reasonable grounds to believe) the member committed the offense. (Sec. 2(c))
* A Secretary of a military branch may delegate authority to approve eligibility for these benefits to the first general or flag officer (or civilian equivalent) directly above the military member in the chain of command. (Sec. 2(e))
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What Changes
The bill adds two new categories of military members whose dependents can receive transitional compensation under federal law. Previously, the law covered only members separated specifically for dependent abuse offenses. Now it covers members convicted of dependent abuse but separated for other reasons, and members accused of dependent abuse whose commanders find probable cause but who are separated for unrelated offenses.
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Important Definitions
The bill does not explicitly define "dependent abuse" or "dependent" in the sections provided.
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II
118TH CONGRESS
1ST SESSION
S. 286
To make transitional compensation available to dependents of members of
the Armed Forces convicted of dependent abuse in Federal or State
court and dependents of members accused of dependent abuse who have
forfeited all pay and allowances for an unrelated offense.
IN THE SENATE OF THE UNITED STATES
FEBRUARY 7, 2023
Mr. RUBIO (for himself, Mrs. GILLIBRAND, Mr. SCOTT of Florida, and Ms.
HASSAN) introduced the following bill; which was read twice and referred
to the Committee on Armed Services
A BILL
To make transitional compensation available to dependents
of members of the Armed Forces convicted of dependent
abuse in Federal or State court and dependents of mem-
bers accused of dependent abuse who have forfeited all
pay and allowances for an unrelated offense.
Be it enacted by the Senate and House of Representa-
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tives of the United States of America in Congress assembled,
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SECTION 1. SHORT TITLE.
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This Act may be cited as the ‘‘Rachael Booth Act’’.
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SEC. 2. MODIFICATIONS TO TRANSITIONAL COMPENSATION
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FOR DEPENDENTS OF MEMBERS SEPARATED
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FOR DEPENDENT ABUSE.
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(a) COVERED PUNITIVE ACTIONS.—Subsection (b) of
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section 1059 of title 10, United States Code, is amended—
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(1) in paragraph (1)(B), by striking ‘‘; or’’ and
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inserting a semicolon;
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(2) in paragraph (2), by striking the period at
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the end and inserting a semicolon; and
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(3) by adding at the end the following new
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paragraph:
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‘‘(3) who is—
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‘‘(A) convicted of a dependent-abuse of-
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fense in a district court of the United States or
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a State court; and
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‘‘(B) separated from active duty pursuant
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to a sentence of a court-martial, or administra-
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tively separated, voluntarily or involuntarily,
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from active duty, for an offense other than the
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dependent-abuse offense; or
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‘‘(4) who is—
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‘‘(A) accused but not convicted of a de-
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pendent-abuse offense;
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‘‘(B) determined, as a result of a review by
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the commander of the member and based on a
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•S 286 IS
preponderance of evidence, to have committed
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the dependent-abuse offense; and
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‘‘(C) required to forfeit all pay and allow-
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ances pursuant to a sentence of a court-martial
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for an offense other than the dependent-abuse
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offense.’’.
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(b) RECIPIENTS OF PAYMENTS.—Subsection (d) of
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such section is amended—
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(1) in paragraph (1), by striking ‘‘resulting in
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the separation’’ and inserting ‘‘referred to in sub-
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section (b)’’; and
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(2) in paragraph (4)—
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(A) by striking ‘‘determined as of the
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date’’ and inserting the following: ‘‘deter-
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mined—
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‘‘(A) as of the date’’;
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(B) by striking ‘‘offense or, in a case’’ and
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inserting the following: ‘‘offense;
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‘‘(B) in a case’’;
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(C) by striking the period at the end and
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inserting ‘‘; or’’; and
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(D) by adding at the end the following new
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subparagraph:
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‘‘(C) in a case described in subsection
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(b)(4), as of, as applicable—
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‘‘(i) the first date on which the indi-
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vidual is held in pretrial confinement relat-
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ing to the dependent-abuse offense of
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which the individual is accused after the 7-
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day review of pretrial confinement required
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by Rule 305(i)(2) of the Rules for Courts-
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Martial; or
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‘‘(ii) the date on which a review by a
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commander of the individual determines
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there is probable cause that the individual
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has committed that offense.’’.
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(c) COMMENCEMENT
OF
PAYMENT.—Subsection
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(e)(1) of such section is amended—
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(1) in subparagraph (A)—
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(A) in the matter preceding clause (i), by
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inserting after ‘‘offense’’ the following: ‘‘or an
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offense described in subsection (b)(3)(B)’’; and
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(B) in clause (ii), by striking ‘‘; and’’ and
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inserting a semicolon;
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(2) in subparagraph (B)—
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(A) by striking ‘‘(if the basis’’ and all that
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follows through ‘‘offense)’’; and
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(B) by striking the period at the end and
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inserting a semicolon; and
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(3) by adding at the end the following new sub-
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paragraph:
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‘‘(C) in the case of a member described in sub-
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section (b)(4), shall commence as of, as applicable—
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‘‘(i) the first date on which the member is
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held in pretrial confinement relating to the de-
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pendent-abuse offense of which the member is
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accused after the 7-day review of pretrial con-
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finement required by Rule 305(i)(2) of the
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Rules for Courts-Martial; or
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‘‘(ii) the date on which a review by a com-
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mander of the member determines there is
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probable cause that the member has committed
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that offense.’’.
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(d) DEFINITION
OF
DEPENDENT
CHILD.—Sub-
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section (l) of such section is amended, in the matter pre-
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ceding paragraph (1)—
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(1) by striking ‘‘resulting in the separation of
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the former member or’’ and inserting ‘‘referred to in
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subsection (b) or’’; and
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(2) by striking ‘‘resulting in the separation of
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the former member and’’ and inserting ‘‘and’’.
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(e) DELEGATION OF DETERMINATIONS RELATING TO
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EXCEPTIONAL ELIGIBILITY.—Subsection (m)(4) of such
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section is amended to read as follows:
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‘‘(4) The Secretary concerned may delegate the au-
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thority under paragraph (1) to authorize eligibility for
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benefits under this section for dependents and former de-
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pendents of a member or former member to the first gen-
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eral or flag officer (or civilian equivalent) in the chain of
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command of the member.’’.
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Æ
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