II
118THCONGRESS
1
STSESSION 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
FEBRUARY7, 2023
Mr. R
UBIO(for himself, Mrs. GILLIBRAND, Mr. SCOTTof Florida, and Ms.
H
ASSAN) 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-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
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SEC. 2. MODIFICATIONS TO TRANSITIONAL COMPENSATION 1
FOR DEPENDENTS OF MEMBERS SEPARATED 2
FOR DEPENDENT ABUSE. 3
(a) C
OVEREDPUNITIVEACTIONS.—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
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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) R
ECIPIENTS OFPAYMENTS.—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
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‘‘(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) C
OMMENCEMENT 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
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(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) D
EFINITION 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) D
ELEGATION OFDETERMINATIONSRELATING TO 23
E
XCEPTIONALELIGIBILITY.—Subsection (m)(4) of such 24
section is amended to read as follows: 25
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‘‘(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
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