Section 1 Short title
This Act may be cited as the “Rachael Booth Act”.
Rachael Booth Act
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.
Sec. 2 Modifications to transitional compensation for dependents of members separated for dependent abuse
Covered punitive actions— Subsection (b) of section 1059 of title 10, United States Code, is amended—
in paragraph (1)(B), by striking “; or” and inserting a semicolon;
in paragraph (2), by striking the period at the end and inserting a semicolon; and
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.”
Recipients of payments— Subsection (d) of such section is amended—
in paragraph (1), by striking “resulting in the separation” and inserting “referred to in subsection (b)”; and
in paragraph (4)—
by striking “determined as of the date” and inserting the following: “determined—
“(A) as of the date”
by striking “offense or, in a case” and inserting the following: “offense;
“(B) in a case”
by striking the period at the end and inserting “; or”; and
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.”
Commencement of payment— Subsection (e)(1) of such section is amended—
in subparagraph (A)—
in the matter preceding clause (i), by inserting after “offense” the following: “or an offense described in subsection (b)(3)(B)”; and
in clause (ii), by striking “; and” and inserting a semicolon;
in subparagraph (B)—
by striking “(if the basis” and all that follows through “offense)”; and
by striking the period at the end and inserting a semicolon; and
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.”
Definition of dependent child— Subsection (l) of such section is amended, in the matter preceding paragraph (1)—
by striking “resulting in the separation of the former member or” and inserting “referred to in subsection (b) or”; and
by striking “resulting in the separation of the former member and” and inserting “and”.
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.”