Rachael Booth Act

Subjects: Armed Forces and National Security


<html><body><pre>[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[S. 286 Introduced in Senate (IS)]

&lt;DOC&gt;






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.

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

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Rachael Booth Act''.

SEC. 2. MODIFICATIONS TO TRANSITIONAL COMPENSATION FOR DEPENDENTS OF 
              MEMBERS SEPARATED FOR DEPENDENT ABUSE.

    (a) Covered Punitive Actions.--Subsection (b) of section 1059 of 
title 10, United States Code, is amended--
            (1) in paragraph (1)(B), by striking ``; or'' and inserting 
        a semicolon;
            (2) in paragraph (2), by striking the period at the end and 
        inserting a semicolon; and
            (3) by adding at the end the following new paragraph:
            ``(3) who is--
                    ``(A) convicted of a dependent-abuse offense in a 
                district court of the United States or a State court; 
                and
                    ``(B) separated from active duty pursuant to a 
                sentence of a court-martial, or administratively 
                separated, voluntarily or involuntarily, from active 
                duty, for an offense other than the dependent-abuse 
                offense; or
            ``(4) who is--
                    ``(A) accused but not convicted of a dependent-
                abuse offense;
                    ``(B) determined, as a result of a review by the 
                commander of the member and based on a preponderance of 
                evidence, to have committed the dependent-abuse 
                offense; and
                    ``(C) required to forfeit all pay and allowances 
                pursuant to a sentence of a court-martial for an 
                offense other than the dependent-abuse offense.''.
    (b) Recipients of Payments.--Subsection (d) of such section is 
amended--
            (1) in paragraph (1), by striking ``resulting in the 
        separation'' and inserting ``referred to in subsection (b)''; 
        and
            (2) in paragraph (4)--
                    (A) by striking ``determined as of the date'' and 
                inserting the following: ``determined--
                    ``(A) as of the date'';
                    (B) by striking ``offense or, in a case'' and 
                inserting the following: ``offense;
                    ``(B) in a case'';
                    (C) by striking the period at the end and inserting 
                ``; or''; and
                    (D) by adding at the end the following new 
                subparagraph:
                    ``(C) in a case described in subsection (b)(4), as 
                of, as applicable--
                            ``(i) the first date on which the 
                        individual is held in pretrial confinement 
                        relating to the dependent-abuse offense of 
                        which the individual is accused after the 7-day 
                        review of pretrial confinement required by Rule 
                        305(i)(2) of the Rules for Courts-Martial; or
                            ``(ii) the date on which a review by a 
                        commander of the individual determines there is 
                        probable cause that the individual has 
                        committed that offense.''.
    (c) Commencement of Payment.--Subsection (e)(1) of such section is 
amended--
            (1) in subparagraph (A)--
                    (A) in the matter preceding clause (i), by 
                inserting after ``offense'' the following: ``or an 
                offense described in subsection (b)(3)(B)''; and
                    (B) in clause (ii), by striking ``; and'' and 
                inserting a semicolon;
            (2) in subparagraph (B)--
                    (A) by striking ``(if the basis'' and all that 
                follows through ``offense)''; and
                    (B) by striking the period at the end and inserting 
                a semicolon; and
            (3) by adding at the end the following new subparagraph:
            ``(C) in the case of a member described in subsection 
        (b)(4), shall commence as of, as applicable--
                    ``(i) the first date on which the member is held in 
                pretrial confinement relating to the dependent-abuse 
                offense of which the member is accused after the 7-day 
                review of pretrial confinement required by Rule 
                305(i)(2) of the Rules for Courts-Martial; or
                    ``(ii) the date on which a review by a commander of 
                the member determines there is probable cause that the 
                member has committed that offense.''.
    (d) Definition of Dependent Child.--Subsection (l) of such section 
is amended, in the matter preceding paragraph (1)--
            (1) by striking ``resulting in the separation of the former 
        member or'' and inserting ``referred to in subsection (b) or''; 
        and
            (2) by striking ``resulting in the separation of the former 
        member and'' and inserting ``and''.
    (e) Delegation of Determinations Relating to Exceptional 
Eligibility.--Subsection (m)(4) of such section is amended to read as 
follows:
    ``(4) The Secretary concerned may delegate the authority under 
paragraph (1) to authorize eligibility for benefits under this section 
for dependents and former dependents of a member or former member to 
the first general or flag officer (or civilian equivalent) in the chain 
of command of the member.''.
                                 &lt;all&gt;
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