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Code · BILL · 118th Congress · H.R. 2670 (Reported in House) — To authorize appropriations for fiscal year 2024 for military activities of the Department of Defense and for militar... · Sec. 631

Sec. 631. Modifications to transitional compensation for dependents of members separated for dependent abuse

565 words·~3 min read·/bill/118/hr/2670/rh/section-631

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Section 1059 of title 10, United States Code, is amended, in subsection (b)— 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: who is— convicted of a dependent-abuse offense in a district court of the United States or a State court; and 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 who is— accused but not convicted of a dependent-abuse offense; 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 required to forfeit all pay and allowances pursuant to a sentence of a court-martial for an offense other than the dependent-abuse offense. .
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 determined— as of the date ; by striking offense or, in a case and inserting offense— in a case . by striking the period at the end and inserting ; or ; and by adding at the end the following new subparagraph: in a case described in subsection (b)(4), as of, as applicable— 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 the date on which a review by a commander of the individual determines there is probable cause that the individual has committed that offense. . 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 ; or ; and by adding at the end the following new subparagraph: in the case of a member described in subsection (b)(4), shall commence as of, as applicable— 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 the date on which a review by a commander of the member determines there is probable cause that the member has committed that offense. . 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 . Paragraph
(4)of subsection
(m)of such section is amended to read as follows: The Secretary concerned may delegate the authority under paragraph
(1)to the first general or flag officer (or civilian equivalent) in the chain of command of the member. .
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