HR 5858 — Rachel Booth Act

(a) Authority To Pay Compensation.— The Secretary of Defense, with respect to the armed forces (other than the Coast Guard when it is not operating as a service in the Navy), and the Secretary of Homeland Security, with respect to the Coast Guard when it is not operating as a service in the Navy, may each establish a program to pay monthly transitional compensation in accordance with this section to dependents or former dependents of a member of the armed forces described in subsection (b). Upon establishment of such a program, the program shall apply in the case of each such member described in subsection (b) who is under the jurisdiction of the Secretary establishing the program. (b) Punitive and Other Adverse Actions Covered.— This section applies in the case of a member of the armed forces on active duty for a period of more than 30 days— (1) who is convicted of a dependent-abuse offense (as defined in subsection (c)) and whose conviction results in the member— (A) being separated from active duty pursuant to a sentence of a court-martial; or (B) forfeiting all pay and allowances pursuant to a sentence of a court-martial; (2) who is administratively separated, voluntarily or involuntarily, from active duty in accordance with applicable regulations if the basis for the separation includes a dependent-abuse offense; or (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. (c) Dependent-Abuse Offenses.— For purposes of this section, a dependent-abuse offense is conduct by an individual while a member of the armed forces on active duty for a period of more than 30 days— (1) that involves abuse of the spouse or a dependent child of the member; and (2) that is a criminal offense specified in regulations prescribed by the Secretary of Defense under subsection (m). (d) Recipients of Payments.— In the case of any individual described in subsection (b), the Secretary shall pay such compensation to dependents or former dependents of the individual as follows: (1) If the individual was married at the time of the commission of the dependent-abuse offense resulting in the separation, such compensation shall be paid to the spouse or former spouse to whom the individual was married at that time, including an amount (determined under subsection (f)(2)) for each, if any, dependent child of the individual described in subsection (b) who resides in the same household as that spouse or former spouse. (2) If there is a spouse or former spouse who is or, but for subsection (g), would be eligible for compensation under this section and if there is a dependent child of the individual described in subsection (b) who does not reside in the same household as that spouse or former spouse, compensation under this section shall be paid to each such dependent child of the individual described in subsection (b) who does not reside in that household. (3) If there is no spouse or former spouse who is (or but for subsection (g) would be) eligible under paragraph (1), such compensation shall be paid to the dependent children of the individual described in subsection (b). (4) For purposes of this subsection, an individual’s status as a “dependent child” shall be determined as of the date on which the individual described in subsection (b) is convicted of the dependent-abuse offense or, in a case described in subsection (b)(2), as of the date on which the separation action is initiated by a commander of the individual described in subsection (b). (e) Commencement and Duration of Payment.— (1) Payment of transitional compensation under this section— (A) in the case of a member convicted by a court-martial for a dependent-abuse offense or an offense described in subsection (b)(3)(B), shall com...