LITHIA, Fla. — A bipartisan group of federal lawmakers is working to close a gap in the way the law treats people who have suffered domestic abuse at the hands of a U.S. military service member.
The lawmakers say current law prevents certain domestic abuse survivors from getting financial help in the aftermath of violence.
Congressman Vern Buchanan (R-FL) and Congresswoman Jackie Speier (D-CA) introduced the Rachael Booth Act on Friday.
"The bill is named after Rachael Booth, a constituent of Congressman Buchanan’s from Lithia, FL, who found herself unable to access the financial assistance she should have been eligible for when her husband was convicted of domestic abuse in a civilian court and then discharged from the military on an unrelated offense," Rep. Buchanan's Office wrote in an announcement that the legislation had been filed.
Under the current rules, dependents can apply for transitional compensation (TC) to help them gain financial independence after their service member is discharged from the military in a domestic abuse case. But, there's a hole in the law. If a service member gets convicted of domestic abuse in a civilian court but then technically gets discharged for something else, it leads to a lengthy process for the spouse or other survivor of abuse.
"Current law requires a dependent in this situation to request 'exceptional eligibility' from the member’s service secretary to be awarded TC, a process which could last as long as four years to be resolved," wrote the office of Sen. Marco Rubio (R-FL), who filed a companion version of the bill in the U.S. Senate.
The parallel Senate effort to close the coverage gap has support from both Democrats and Republicans, too. Senators Kirsten Gillibrand (D-NY) and Maggie Hassan (D-NJ) are co-sponsoring the Senate version with Rubio.
They say the Rachael Booth Act would ensure domestic abuse survivors would be eligible to apply for assistance even if the service member in their case was convicted of abuse in a non-military courtroom and was discharged for something else. The proposed law would also create a more efficient pathway for granting transitional compensation to those seeking "exceptional eligibility," which lawmakers hope would decrease wait-times on claims.
“Our current law did not serve Rachael Booth and it will not serve future victims who find themselves in the same difficult situation,” Sen. Rubio wrote in a statement. “This legislation fixes the error in current law that prevents victims whose cases are handled by civilian courts from being eligible for transitional compensation."
Sen. Gillibrand described transitional compensation as a lifeline to domestic abuse survivors. She said the bipartisan legislation was a "commonsense solution" that would cut through red tape.
“For many survivors of domestic violence by military servicemembers, the Pentagon’s transitional compensation program has been an empty promise,” Rep. Speier wrote in a statement. “I am pleased to join Congressman Buchanan and Senators Gillibrand and Rubio in introducing bipartisan legislation to close two of the most egregious gaps in this program..."
Spier said Congress must do more to eliminate financial dependence as a barrier for people reporting violence with their intimate partners, adding that this bill was "an important step."
“Just as our men and women in the Armed Forces sacrifice for their country, so too do military spouses. In times of crisis, it’s critical that they are able to access these benefits in a timely and efficient manner,” Rep. Buchanan added. “I’m pleased to introduce this important legislation alongside Congresswoman Speier and Sens. Rubio, Gillibrand and Hassan to help domestic abuse victims get back on their feet as soon as possible.”
The National Domestic Violence Hotline can be reached 24/7 at 800-799-7233. Learn more by clicking here. Florida's Domestic Violence Hotline can be contacted at 1-800-500-1119. You may also click here to view local domestic violence centers in Florida.
