HR 975 — Rachael Booth Act

Summary

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.

Bill Text

• Introduced Introduced in House Current html February 10, 2023

From the bill's own amending language, matched to the official United States Code (current through Public Law 119-121).

Compared against current U.S. Code AI-generated reading aid — verify against the official bill.

The bill expands eligibility for transitional compensation to dependents of members of the Armed Forces who are accused of dependent abuse, as well as clarifying payment commencement and definitions.

• 10 U.S.C. § 1059(b)

  punitive and other adverse actions covered.

  Modifies the criteria for punitive actions covered to include accused members who forfeit pay for unrelated offenses.

• 10 U.S.C. § 1059(b)(2)

  separated from active duty in accordance with applicable regulations if the basis for the separation includes a dependent-abuse offense; → separated from active duty in accordance with applicable regulations if the basis for the separation includes a dependent-abuse offense;

  Allows dependents of members accused of dependent abuse who have forfeited all pay for an unrelated offense to qualify for compensation.

• 10 U.S.C. § 1059(b)

  who is-- (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.

  Adds a new category of eligibility for dependents of members accused of dependent abuse.

• 10 U.S.C. § 1059(d)(1)

  resulting in the separation → referred to in subsection (b)

  Clarifies the circumstances under which compensation is paid to spouses or former spouses.

• 10 U.S.C. § 1059(d)(4)

  determined as of the date → determined-- (A) as of the date

  Modifies the determination date for eligibility of dependent children.

• 10 U.S.C. § 1059(d)(4)

  offense or, in a case → offense; (B) in a case

  Clarifies language regarding determination date for dependent children.

• 10 U.S.C. § 1059(d)(4)

  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.

  Establishes new conditions for determining the status of dependent children for those accused of dependent abuse.

• 10 U.S.C. § 1059(e)(1)

  if there is a member being considered under applicable regulations for administrative separation from active duty in accordance with such regulations, shall commence as of the date on which the separation action is initiated by a commander of the member pursuant to such regulations, as determined by the Secretary concerned.

  Removes outdated provisions for commencement of payment under certain administrative separations.

• 10 U.S.C. § 1059(e)(1)(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.

  Establishes start dates for payments related to members accused of dependent abuse.

• 10 U.S.C. § 1059(l)

  resulting in the separation of the former member or → referred to in subsection (b) or

  Clarifies definitions related to dependent children affected by transitional compensation.

• 10 U.S.C. § 1059(m)(4)

  1) to authorize eligibility for benefits under this section for dependents and former dependents of a member or former member → 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.

  Allows delegation of the authority to determine benefit eligibility to higher officials.

Action History

1. February 10, 2023

   Introduced in House

2. February 10, 2023

   Introduced in House

3. February 10, 2023

   Referred to the House Committee on Armed Services.

Sponsors

• Vern Buchanan · Primary

Subjects