What This Bill Does
This bill expands who can receive transitional compensation (temporary financial support) from the military. It allows the dependents (family members) of service members convicted of abuse toward dependents to receive payments. It also allows dependents to receive payments when a service member is accused of dependent abuse but loses all pay and allowances for a different offense.
Who It Affects
Dependents (family members) of military service members convicted of dependent abuse in federal or state court. Dependents of military service members accused of dependent abuse who have forfeited all pay and allowances for an unrelated offense. Military secretaries or commanders who determine eligibility for these payments.
Key Provisions
• Service members convicted of dependent abuse in a federal or state court who are separated from active duty for a different offense make their dependents eligible for transitional compensation (Sec. 2(a)).
• Service members accused but not convicted of dependent abuse whose commanders determine probable cause exists that they committed the offense, and who lose all pay and allowances for a different offense, make their dependents eligible for transitional compensation (Sec. 2(a)).
• Payments to eligible dependents start either when the service member is held in pretrial confinement after a 7-day review, or when a commander determines probable cause exists (Sec. 2(c)).
• Military secretaries can delegate authority to approve eligibility for these benefits to the first general or flag officer in a service member's chain of command (Sec. 2(e)).
What Changes
The law currently limits transitional compensation eligibility. This bill adds two new categories of service members whose dependents qualify for payments. It allows payments based on conviction for dependent abuse followed by separation for an unrelated offense. It also allows payments when a service member is accused of dependent abuse and loses pay for a different offense, with the commander's written determination of probable cause.
Important Definitions
None defined in the bill text.
I
118TH CONGRESS
1ST SESSION
H. R. 975
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 HOUSE OF REPRESENTATIVES
FEBRUARY 10, 2023
Mr. BUCHANAN (for himself and Mr. HORSFORD) introduced the following bill;
which was 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-
1
tives of the United States of America in Congress assembled,
2
SECTION 1. SHORT TITLE.
3
This Act may be cited as the ‘‘Rachael Booth Act’’.
4
VerDate Sep 11 2014
02:03 Feb 28, 2023
Jkt 039200
PO 00000
Frm 00001
Fmt 6652
Sfmt 6201
E:\BILLS\H975.IH
H975
pbinns on DSKJLVW7X2PROD with $$_JOB
2
•HR 975 IH
SEC. 2. MODIFICATIONS TO TRANSITIONAL COMPENSATION
1
FOR DEPENDENTS OF MEMBERS SEPARATED
2
FOR DEPENDENT ABUSE.
3
(a) COVERED PUNITIVE ACTIONS.—Subsection (b) of
4
section 1059 of title 10, United States Code, is amended—
5
(1) in paragraph (1)(B), by striking ‘‘; or’’ and
6
inserting a semicolon;
7
(2) in paragraph (2), by striking the period at
8
the end and inserting a semicolon; and
9
(3) by adding at the end the following new
10
paragraph:
11
‘‘(3) who is—
12
‘‘(A) convicted of a dependent-abuse of-
13
fense in a district court of the United States or
14
a State court; and
15
‘‘(B) separated from active duty pursuant
16
to a sentence of a court-martial, or administra-
17
tively separated, voluntarily or involuntarily,
18
from active duty, for an offense other than the
19
dependent-abuse offense; or
20
‘‘(4) who is—
21
‘‘(A) accused but not convicted of a de-
22
pendent-abuse offense;
23
‘‘(B) determined, as a result of a review by
24
the commander of the member and based on a
25
VerDate Sep 11 2014
02:03 Feb 28, 2023
Jkt 039200
PO 00000
Frm 00002
Fmt 6652
Sfmt 6201
E:\BILLS\H975.IH
H975
pbinns on DSKJLVW7X2PROD with $$_JOB
3
•HR 975 IH
preponderance of evidence, to have committed
1
the dependent-abuse offense; and
2
‘‘(C) required to forfeit all pay and allow-
3
ances pursuant to a sentence of a court-martial
4
for an offense other than the dependent-abuse
5
offense.’’.
6
(b) RECIPIENTS OF PAYMENTS.—Subsection (d) of
7
such section is amended—
8
(1) in paragraph (1), by striking ‘‘resulting in
9
the separation’’ and inserting ‘‘referred to in sub-
10
section (b)’’; and
11
(2) in paragraph (4)—
12
(A) by striking ‘‘determined as of the
13
date’’ and inserting the following: ‘‘deter-
14
mined—
15
‘‘(A) as of the date’’;
16
(B) by striking ‘‘offense or, in a case’’ and
17
inserting the following: ‘‘offense;
18
‘‘(B) in a case’’;
19
(C) by striking the period at the end and
20
inserting ‘‘; or’’; and
21
(D) by adding at the end the following new
22
subparagraph:
23
‘‘(C) in a case described in subsection
24
(b)(4), as of, as applicable—
25
VerDate Sep 11 2014
02:03 Feb 28, 2023
Jkt 039200
PO 00000
Frm 00003
Fmt 6652
Sfmt 6201
E:\BILLS\H975.IH
H975
pbinns on DSKJLVW7X2PROD with $$_JOB
4
•HR 975 IH
‘‘(i) the first date on which the indi-
1
vidual is held in pretrial confinement relat-
2
ing to the dependent-abuse offense of
3
which the individual is accused after the 7-
4
day review of pretrial confinement required
5
by Rule 305(i)(2) of the Rules for Courts-
6
Martial; or
7
‘‘(ii) the date on which a review by a
8
commander of the individual determines
9
there is probable cause that the individual
10
has committed that offense.’’.
11
(c) COMMENCEMENT
OF
PAYMENT.—Subsection
12
(e)(1) of such section is amended—
13
(1) in subparagraph (A)—
14
(A) in the matter preceding clause (i), by
15
inserting after ‘‘offense’’ the following: ‘‘or an
16
offense described in subsection (b)(3)(B)’’; and
17
(B) in clause (ii), by striking ‘‘; and’’ and
18
inserting a semicolon;
19
(2) in subparagraph (B)—
20
(A) by striking ‘‘(if the basis’’ and all that
21
follows through ‘‘offense)’’; and
22
(B) by striking the period at the end and
23
inserting a semicolon; and
24
VerDate Sep 11 2014
02:03 Feb 28, 2023
Jkt 039200
PO 00000
Frm 00004
Fmt 6652
Sfmt 6201
E:\BILLS\H975.IH
H975
pbinns on DSKJLVW7X2PROD with $$_JOB
5
•HR 975 IH
(3) by adding at the end the following new sub-
1
paragraph:
2
‘‘(C) in the case of a member described in sub-
3
section (b)(4), shall commence as of, as applicable—
4
‘‘(i) the first date on which the member is
5
held in pretrial confinement relating to the de-
6
pendent-abuse offense of which the member is
7
accused after the 7-day review of pretrial con-
8
finement required by Rule 305(i)(2) of the
9
Rules for Courts-Martial; or
10
‘‘(ii) the date on which a review by a com-
11
mander of the member determines there is
12
probable cause that the member has committed
13
that offense.’’.
14
(d) DEFINITION
OF
DEPENDENT
CHILD.—Sub-
15
section (l) of such section is amended, in the matter pre-
16
ceding paragraph (1)—
17
(1) by striking ‘‘resulting in the separation of
18
the former member or’’ and inserting ‘‘referred to in
19
subsection (b) or’’; and
20
(2) by striking ‘‘resulting in the separation of
21
the former member and’’ and inserting ‘‘and’’.
22
(e) DELEGATION OF DETERMINATIONS RELATING TO
23
EXCEPTIONAL ELIGIBILITY.—Subsection (m)(4) of such
24
section is amended to read as follows:
25
VerDate Sep 11 2014
02:03 Feb 28, 2023
Jkt 039200
PO 00000
Frm 00005
Fmt 6652
Sfmt 6201
E:\BILLS\H975.IH
H975
pbinns on DSKJLVW7X2PROD with $$_JOB
6
•HR 975 IH
‘‘(4) The Secretary concerned may delegate the au-
1
thority under paragraph (1) to authorize eligibility for
2
benefits under this section for dependents and former de-
3
pendents of a member or former member to the first gen-
4
eral or flag officer (or civilian equivalent) in the chain of
5
command of the member.’’.
6
Æ
VerDate Sep 11 2014
02:03 Feb 28, 2023
Jkt 039200
PO 00000
Frm 00006
Fmt 6652
Sfmt 6301
E:\BILLS\H975.IH
H975
pbinns on DSKJLVW7X2PROD with $$_JOB