Us Congress 2023-2024 Regular Session

Us Congress House Bill HB975 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	I
2	2	118THCONGRESS
3	3	1
4	4	STSESSION H. R. 975
5	5	To make transitional compensation available to dependents of members of
6	6	the Armed Forces convicted of dependent abuse in Federal or State
7	7	court and dependents of members accused of dependent abuse who have
8	8	forfeited all pay and allowances for an unrelated offense.
9	9	IN THE HOUSE OF REPRESENTATIVES
10	10	FEBRUARY10, 2023
11	11	Mr. B
12	12	UCHANAN(for himself and Mr. HORSFORD) introduced the following bill;
13	13	which was referred to the Committee on Armed Services
14	14	A BILL
15	15	To make transitional compensation available to dependents
16	16	of members of the Armed Forces convicted of dependent
17	17	abuse in Federal or State court and dependents of mem-
18	18	bers accused of dependent abuse who have forfeited all
19	19	pay and allowances for an unrelated offense.
20	20	Be it enacted by the Senate and House of Representa-1
21	21	tives of the United States of America in Congress assembled, 2
22	22	SECTION 1. SHORT TITLE. 3
23	23	This Act may be cited as the ‘‘Rachael Booth Act’’. 4
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26	26	•HR 975 IH
27	27	SEC. 2. MODIFICATIONS TO TRANSITIONAL COMPENSATION 1
28	28	FOR DEPENDENTS OF MEMBERS SEPARATED 2
29	29	FOR DEPENDENT ABUSE. 3
30	30	(a) C
31	31	OVEREDPUNITIVEACTIONS.—Subsection (b) of 4
32	32	section 1059 of title 10, United States Code, is amended— 5
33	33	(1) in paragraph (1)(B), by striking ‘‘; or’’ and 6
34	34	inserting a semicolon; 7
35	35	(2) in paragraph (2), by striking the period at 8
36	36	the end and inserting a semicolon; and 9
37	37	(3) by adding at the end the following new 10
38	38	paragraph: 11
39	39	‘‘(3) who is— 12
40	40	‘‘(A) convicted of a dependent-abuse of-13
41	41	fense in a district court of the United States or 14
42	42	a State court; and 15
43	43	‘‘(B) separated from active duty pursuant 16
44	44	to a sentence of a court-martial, or administra-17
45	45	tively separated, voluntarily or involuntarily, 18
46	46	from active duty, for an offense other than the 19
47	47	dependent-abuse offense; or 20
48	48	‘‘(4) who is— 21
49	49	‘‘(A) accused but not convicted of a de-22
50	50	pendent-abuse offense; 23
51	51	‘‘(B) determined, as a result of a review by 24
52	52	the commander of the member and based on a 25
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55	55	•HR 975 IH
56	56	preponderance of evidence, to have committed 1
57	57	the dependent-abuse offense; and 2
58	58	‘‘(C) required to forfeit all pay and allow-3
59	59	ances pursuant to a sentence of a court-martial 4
60	60	for an offense other than the dependent-abuse 5
61	61	offense.’’. 6
62	62	(b) R
63	63	ECIPIENTS OFPAYMENTS.—Subsection (d) of 7
64	64	such section is amended— 8
65	65	(1) in paragraph (1), by striking ‘‘resulting in 9
66	66	the separation’’ and inserting ‘‘referred to in sub-10
67	67	section (b)’’; and 11
68	68	(2) in paragraph (4)— 12
69	69	(A) by striking ‘‘determined as of the 13
70	70	date’’ and inserting the following: ‘‘deter-14
71	71	mined— 15
72	72	‘‘(A) as of the date’’; 16
73	73	(B) by striking ‘‘offense or, in a case’’ and 17
74	74	inserting the following: ‘‘offense; 18
75	75	‘‘(B) in a case’’; 19
76	76	(C) by striking the period at the end and 20
77	77	inserting ‘‘; or’’; and 21
78	78	(D) by adding at the end the following new 22
79	79	subparagraph: 23
80	80	‘‘(C) in a case described in subsection 24
81	81	(b)(4), as of, as applicable— 25
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84	84	•HR 975 IH
85	85	‘‘(i) the first date on which the indi-1
86	86	vidual is held in pretrial confinement relat-2
87	87	ing to the dependent-abuse offense of 3
88	88	which the individual is accused after the 7- 4
89	89	day review of pretrial confinement required 5
90	90	by Rule 305(i)(2) of the Rules for Courts- 6
91	91	Martial; or 7
92	92	‘‘(ii) the date on which a review by a 8
93	93	commander of the individual determines 9
94	94	there is probable cause that the individual 10
95	95	has committed that offense.’’. 11
96	96	(c) C
97	97	OMMENCEMENT OF PAYMENT.—Subsection 12
98	98	(e)(1) of such section is amended— 13
99	99	(1) in subparagraph (A)— 14
100	100	(A) in the matter preceding clause (i), by 15
101	101	inserting after ‘‘offense’’ the following: ‘‘or an 16
102	102	offense described in subsection (b)(3)(B)’’; and 17
103	103	(B) in clause (ii), by striking ‘‘; and’’ and 18
104	104	inserting a semicolon; 19
105	105	(2) in subparagraph (B)— 20
106	106	(A) by striking ‘‘(if the basis’’ and all that 21
107	107	follows through ‘‘offense)’’; and 22
108	108	(B) by striking the period at the end and 23
109	109	inserting a semicolon; and 24
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112	112	•HR 975 IH
113	113	(3) by adding at the end the following new sub-1
114	114	paragraph: 2
115	115	‘‘(C) in the case of a member described in sub-3
116	116	section (b)(4), shall commence as of, as applicable— 4
117	117	‘‘(i) the first date on which the member is 5
118	118	held in pretrial confinement relating to the de-6
119	119	pendent-abuse offense of which the member is 7
120	120	accused after the 7-day review of pretrial con-8
121	121	finement required by Rule 305(i)(2) of the 9
122	122	Rules for Courts-Martial; or 10
123	123	‘‘(ii) the date on which a review by a com-11
124	124	mander of the member determines there is 12
125	125	probable cause that the member has committed 13
126	126	that offense.’’. 14
127	127	(d) D
128	128	EFINITION OF DEPENDENT CHILD.—Sub-15
129	129	section (l) of such section is amended, in the matter pre-16
130	130	ceding paragraph (1)— 17
131	131	(1) by striking ‘‘resulting in the separation of 18
132	132	the former member or’’ and inserting ‘‘referred to in 19
133	133	subsection (b) or’’; and 20
134	134	(2) by striking ‘‘resulting in the separation of 21
135	135	the former member and’’ and inserting ‘‘and’’. 22
136	136	(e) D
137	137	ELEGATION OFDETERMINATIONSRELATING TO 23
138	138	E
139	139	XCEPTIONALELIGIBILITY.—Subsection (m)(4) of such 24
140	140	section is amended to read as follows: 25
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143	143	•HR 975 IH
144	144	‘‘(4) The Secretary concerned may delegate the au-1
145	145	thority under paragraph (1) to authorize eligibility for 2
146	146	benefits under this section for dependents and former de-3
147	147	pendents of a member or former member to the first gen-4
148	148	eral or flag officer (or civilian equivalent) in the chain of 5
149	149	command of the member.’’. 6
150	150	Æ
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