[Congressional Record Volume 167, Number 194 (Thursday, November 4, 2021)]
[Senate]
[Pages S7873-S7874]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

  SA 4340. Mr. RUBIO submitted an amendment intended to be proposed to 
amendment SA 3867 submitted by Mr. Reed and intended to be proposed to 
the bill H.R. 4350, to authorize appropriations for fiscal year 2022 
for military activities of the Department of Defense, for military 
construction, and for defense activities of the Department of Energy, 
to prescribe military personnel strengths for such fiscal year, and for 
other purposes; which was ordered to lie on the table; as follows:

        At the end of title VI, add the following:

     SEC. 607. 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--

[[Page S7874]]

       ``(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)'';
       (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)''
       (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.''.
                                 ______