II 118th CONGRESS 1st Session S. 286 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. Short title This Act may be cited as the Rachael Booth Act . 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. .