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 members accused of dependent abuse who have forfeited all 

pay and allowances for an unrelated offense. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Rachael Booth Act’’. 


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1 SEC. 2. MODIFICATIONS TO TRANSITIONAL COMPENSATION 

2 FOR DEPENDENTS OF MEMBERS SEPARATED 

3 FOR DEPENDENT ABUSE. 

4 (a) COVERED PUNITIVE ACTIONS.—Subsection (b) of 

5 section 1059 of title 10, United States Code, is amended— 

6 (1) in paragraph (1)(B), by striking ‘‘; or’’ and 

7 inserting a semicolon; 

8 (2) in paragraph (2), by striking the period at 

9 the end and inserting a semicolon; and 

10 (3) by adding at the end the following new 

11 paragraph: 

12 ‘‘(3) who is— 

13 ‘‘(A) convicted of a dependent-abuse of14 fense in a district court of the United States or 

15 a State court; and 

16 ‘‘(B) separated from active duty pursuant 

17 to a sentence of a court-martial, or administra18 tively separated, voluntarily or involuntarily, 

19 from active duty, for an offense other than the 

20 dependent-abuse offense; or 

21 ‘‘(4) who is— 

22 ‘‘(A) accused but not convicted of a de23 pendent-abuse offense; 

24 ‘‘(B) determined, as a result of a review by 

25 the commander of the member and based on a 


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1 preponderance of evidence, to have committed 

2 the dependent-abuse offense; and 

3 ‘‘(C) required to forfeit all pay and allow4 ances pursuant to a sentence of a court-martial 

5 for an offense other than the dependent-abuse 

6 offense.’’. 

7 (b) RECIPIENTS OF PAYMENTS.—Subsection (d) of 

8 such section is amended— 

9 (1) in paragraph (1), by striking ‘‘resulting in 

10 the separation’’ and inserting ‘‘referred to in sub11 section (b)’’; and 

12 (2) in paragraph (4)— 

13 (A) by striking ‘‘determined as of the 

14 date’’ and inserting the following: ‘‘deter15 mined— 

16 ‘‘(A) as of the date’’; 

17 (B) by striking ‘‘offense or, in a case’’ and 

18 inserting the following: ‘‘offense; 

19 ‘‘(B) in a case’’; 

20 (C) by striking the period at the end and 

21 inserting ‘‘; or’’; and 

22 (D) by adding at the end the following new 

23 subparagraph: 

24 ‘‘(C) in a case described in subsection 

25 (b)(4), as of, as applicable— 


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1 ‘‘(i) the first date on which the indi2 vidual is held in pretrial confinement relat3 ing to the dependent-abuse offense of 

4 which the individual is accused after the 7- 

5 day review of pretrial confinement required 

6 by Rule 305(i)(2) of the Rules for Courts7 Martial; or 

8 ‘‘(ii) the date on which a review by a 

9 commander of the individual determines 

10 there is probable cause that the individual 

11 has committed that offense.’’. 

12 (c) COMMENCEMENT OF PAYMENT.—Subsection 

13 (e)(1) of such section is amended— 

14 (1) in subparagraph (A)— 

15 (A) in the matter preceding clause (i), by 

16 inserting after ‘‘offense’’ the following: ‘‘or an 

17 offense described in subsection (b)(3)(B)’’; and 

18 (B) in clause (ii), by striking ‘‘; and’’ and 

19 inserting a semicolon; 

20 (2) in subparagraph (B)— 

21 (A) by striking ‘‘(if the basis’’ and all that 

22 follows through ‘‘offense)’’; and 

23 (B) by striking the period at the end and 

24 inserting a semicolon; and 


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1 (3) by adding at the end the following new sub2 paragraph: 

3 ‘‘(C) in the case of a member described in sub4 section (b)(4), shall commence as of, as applicable— 

5 ‘‘(i) the first date on which the member is 

6 held in pretrial confinement relating to the de7 pendent-abuse offense of which the member is 

8 accused after the 7-day review of pretrial con9 finement required by Rule 305(i)(2) of the 

10 Rules for Courts-Martial; or 

11 ‘‘(ii) the date on which a review by a com12 mander of the member determines there is 

13 probable cause that the member has committed 

14 that offense.’’. 

15 (d) DEFINITION OF DEPENDENT CHILD.—Sub16 section (l) of such section is amended, in the matter pre17 ceding paragraph (1)— 

18 (1) by striking ‘‘resulting in the separation of 

19 the former member or’’ and inserting ‘‘referred to in 

20 subsection (b) or’’; and 

21 (2) by striking ‘‘resulting in the separation of 

22 the former member and’’ and inserting ‘‘and’’. 

23 (e) DELEGATION OF DETERMINATIONS RELATING TO

24 EXCEPTIONAL ELIGIBILITY.—Subsection (m)(4) of such 

25 section is amended to read as follows: 


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1 ‘‘(4) The Secretary concerned may delegate the au2 thority under paragraph (1) to authorize eligibility for 

3 benefits under this section for dependents and former de4 pendents of a member or former member to the first gen5 eral or flag officer (or civilian equivalent) in the chain of 

6 command of the member.’’. 

Æ 


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