S.Amdt. 4340

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.''.
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