Us Congress 2023-2024 Regular Session

Us Congress Senate Bill SB286 Compare Versions

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

Old	New	Differences
1	1	II
2	2	118THCONGRESS
3	3	1
4	4	STSESSION S. 286
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 SENATE OF THE UNITED STATES
10	10	FEBRUARY7, 2023
11	11	Mr. R
12	12	UBIO(for himself, Mrs. GILLIBRAND, Mr. SCOTTof Florida, and Ms.
13	13	H
14	14	ASSAN) introduced the following bill; which was read twice and referred
15	15	to the Committee on Armed Services
16	16	A BILL
17	17	To make transitional compensation available to dependents
18	18	of members of the Armed Forces convicted of dependent
19	19	abuse in Federal or State court and dependents of mem-
20	20	bers accused of dependent abuse who have forfeited all
21	21	pay and allowances for an unrelated offense.
22	22	Be it enacted by the Senate and House of Representa-1
23	23	tives of the United States of America in Congress assembled, 2
24	24	SECTION 1. SHORT TITLE. 3
25	25	This Act may be cited as the ‘‘Rachael Booth Act’’. 4
26	26	VerDate Sep 11 2014 06:35 Feb 16, 2023 Jkt 039200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6201 E:\BILLS\S286.IS S286
27	27	kjohnson on DSK79L0C42PROD with BILLS 2
28	28	•S 286 IS
29	29	SEC. 2. MODIFICATIONS TO TRANSITIONAL COMPENSATION 1
30	30	FOR DEPENDENTS OF MEMBERS SEPARATED 2
31	31	FOR DEPENDENT ABUSE. 3
32	32	(a) C
33	33	OVEREDPUNITIVEACTIONS.—Subsection (b) of 4
34	34	section 1059 of title 10, United States Code, is amended— 5
35	35	(1) in paragraph (1)(B), by striking ‘‘; or’’ and 6
36	36	inserting a semicolon; 7
37	37	(2) in paragraph (2), by striking the period at 8
38	38	the end and inserting a semicolon; and 9
39	39	(3) by adding at the end the following new 10
40	40	paragraph: 11
41	41	‘‘(3) who is— 12
42	42	‘‘(A) convicted of a dependent-abuse of-13
43	43	fense in a district court of the United States or 14
44	44	a State court; and 15
45	45	‘‘(B) separated from active duty pursuant 16
46	46	to a sentence of a court-martial, or administra-17
47	47	tively separated, voluntarily or involuntarily, 18
48	48	from active duty, for an offense other than the 19
49	49	dependent-abuse offense; or 20
50	50	‘‘(4) who is— 21
51	51	‘‘(A) accused but not convicted of a de-22
52	52	pendent-abuse offense; 23
53	53	‘‘(B) determined, as a result of a review by 24
54	54	the commander of the member and based on a 25
55	55	VerDate Sep 11 2014 06:35 Feb 16, 2023 Jkt 039200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\S286.IS S286
56	56	kjohnson on DSK79L0C42PROD with BILLS 3
57	57	•S 286 IS
58	58	preponderance of evidence, to have committed 1
59	59	the dependent-abuse offense; and 2
60	60	‘‘(C) required to forfeit all pay and allow-3
61	61	ances pursuant to a sentence of a court-martial 4
62	62	for an offense other than the dependent-abuse 5
63	63	offense.’’. 6
64	64	(b) R
65	65	ECIPIENTS OFPAYMENTS.—Subsection (d) of 7
66	66	such section is amended— 8
67	67	(1) in paragraph (1), by striking ‘‘resulting in 9
68	68	the separation’’ and inserting ‘‘referred to in sub-10
69	69	section (b)’’; and 11
70	70	(2) in paragraph (4)— 12
71	71	(A) by striking ‘‘determined as of the 13
72	72	date’’ and inserting the following: ‘‘deter-14
73	73	mined— 15
74	74	‘‘(A) as of the date’’; 16
75	75	(B) by striking ‘‘offense or, in a case’’ and 17
76	76	inserting the following: ‘‘offense; 18
77	77	‘‘(B) in a case’’; 19
78	78	(C) by striking the period at the end and 20
79	79	inserting ‘‘; or’’; and 21
80	80	(D) by adding at the end the following new 22
81	81	subparagraph: 23
82	82	‘‘(C) in a case described in subsection 24
83	83	(b)(4), as of, as applicable— 25
84	84	VerDate Sep 11 2014 06:35 Feb 16, 2023 Jkt 039200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\S286.IS S286
85	85	kjohnson on DSK79L0C42PROD with BILLS 4
86	86	•S 286 IS
87	87	‘‘(i) the first date on which the indi-1
88	88	vidual is held in pretrial confinement relat-2
89	89	ing to the dependent-abuse offense of 3
90	90	which the individual is accused after the 7- 4
91	91	day review of pretrial confinement required 5
92	92	by Rule 305(i)(2) of the Rules for Courts- 6
93	93	Martial; or 7
94	94	‘‘(ii) the date on which a review by a 8
95	95	commander of the individual determines 9
96	96	there is probable cause that the individual 10
97	97	has committed that offense.’’. 11
98	98	(c) C
99	99	OMMENCEMENT OF PAYMENT.—Subsection 12
100	100	(e)(1) of such section is amended— 13
101	101	(1) in subparagraph (A)— 14
102	102	(A) in the matter preceding clause (i), by 15
103	103	inserting after ‘‘offense’’ the following: ‘‘or an 16
104	104	offense described in subsection (b)(3)(B)’’; and 17
105	105	(B) in clause (ii), by striking ‘‘; and’’ and 18
106	106	inserting a semicolon; 19
107	107	(2) in subparagraph (B)— 20
108	108	(A) by striking ‘‘(if the basis’’ and all that 21
109	109	follows through ‘‘offense)’’; and 22
110	110	(B) by striking the period at the end and 23
111	111	inserting a semicolon; and 24
112	112	VerDate Sep 11 2014 06:35 Feb 16, 2023 Jkt 039200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6201 E:\BILLS\S286.IS S286
113	113	kjohnson on DSK79L0C42PROD with BILLS 5
114	114	•S 286 IS
115	115	(3) by adding at the end the following new sub-1
116	116	paragraph: 2
117	117	‘‘(C) in the case of a member described in sub-3
118	118	section (b)(4), shall commence as of, as applicable— 4
119	119	‘‘(i) the first date on which the member is 5
120	120	held in pretrial confinement relating to the de-6
121	121	pendent-abuse offense of which the member is 7
122	122	accused after the 7-day review of pretrial con-8
123	123	finement required by Rule 305(i)(2) of the 9
124	124	Rules for Courts-Martial; or 10
125	125	‘‘(ii) the date on which a review by a com-11
126	126	mander of the member determines there is 12
127	127	probable cause that the member has committed 13
128	128	that offense.’’. 14
129	129	(d) D
130	130	EFINITION OF DEPENDENT CHILD.—Sub-15
131	131	section (l) of such section is amended, in the matter pre-16
132	132	ceding paragraph (1)— 17
133	133	(1) by striking ‘‘resulting in the separation of 18
134	134	the former member or’’ and inserting ‘‘referred to in 19
135	135	subsection (b) or’’; and 20
136	136	(2) by striking ‘‘resulting in the separation of 21
137	137	the former member and’’ and inserting ‘‘and’’. 22
138	138	(e) D
139	139	ELEGATION OFDETERMINATIONSRELATING TO 23
140	140	E
141	141	XCEPTIONALELIGIBILITY.—Subsection (m)(4) of such 24
142	142	section is amended to read as follows: 25
143	143	VerDate Sep 11 2014 06:35 Feb 16, 2023 Jkt 039200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6201 E:\BILLS\S286.IS S286
144	144	kjohnson on DSK79L0C42PROD with BILLS 6
145	145	•S 286 IS
146	146	‘‘(4) The Secretary concerned may delegate the au-1
147	147	thority under paragraph (1) to authorize eligibility for 2
148	148	benefits under this section for dependents and former de-3
149	149	pendents of a member or former member to the first gen-4
150	150	eral or flag officer (or civilian equivalent) in the chain of 5
151	151	command of the member.’’. 6
152	152	Æ
153	153	VerDate Sep 11 2014 06:35 Feb 16, 2023 Jkt 039200 PO 00000 Frm 00006 Fmt 6652 Sfmt 6301 E:\BILLS\S286.IS S286
154	154	kjohnson on DSK79L0C42PROD with BILLS