[Congressional Bills 119th Congress]
[From the U.S. Government Publishing Office]
[S. 2698 Introduced in Senate (IS)]
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119th CONGRESS
1st Session
S. 2698
To amend title 38, United States Code, to reinstate entitlement to
Post-9/11 Educational Assistance for victims of sexual assault or
domestic violence, and for other purposes.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
September 3, 2025
Mr. King (for himself and Mr. Cramer) introduced the following bill;
which was read twice and referred to the Committee on Veterans' Affairs
_______________________________________________________________________
A BILL
To amend title 38, United States Code, to reinstate entitlement to
Post-9/11 Educational Assistance for victims of sexual assault or
domestic violence, and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Safeguarding Department of Veterans
Affairs Dependent Education Benefits Act of 2025''.
SEC. 2. REINSTATEMENT OF ENTITLEMENT TO POST-9/11 EDUCATIONAL
ASSISTANCE FOR VICTIMS OF SEXUAL ASSAULT OR DOMESTIC
VIOLENCE.
(a) In General.--Chapter 33 of title 38, United States Code, is
amended by inserting after section 3319, the following:
``Sec. 3319A. Victims of sexual assault and domestic violence;
authority to retain transferred education benefits
``(a) Reinstatement of Educational Assistance.--The Secretary
concerned may, subject to regulations prescribed by the Secretary of
Defense and the Secretary of Homeland Security in coordination with the
Secretary of Veterans Affairs, reinstate terminated educational
assistance payments that were transferred to a spouse or a dependent
child under section 3319 of this title if the Secretary concerned
determines that the proximate cause for the termination of payment is--
``(1) the administrative separation or conviction by a
court martial, or by civilian, Tribal, or State court, of a
covered individual for a dependent-abuse offense; and
``(2) the administrative separation or conviction resulted
in a discharge characterization of the covered individual that
does not meet the requirements of section 3311(c) of this
title.
``(b) Application.--(1) A spouse or dependent child described in
subsection (a) seeking reinstatement of terminated educational
assistance payments for a termination described in such subsection
shall apply for such reinstatement.
``(2) An application under paragraph (1) shall include sufficient
information to substantiate that a spouse or dependent child was the
victim of dependent-abuse that resulted in a discharge characterization
that does not meet the requirements of section 3311(c) of this title.
``(3) The Secretary shall consult with veterans service
organizations to ensure that the application process under this
subsection is trauma-informed.
``(c) Limitation.--Reinstated payments shall not exceed any unused
portion of the educational benefits that were transferred to a spouse
or dependent child pursuant to section 3319 of this title that remain
unobligated at the time of discharge of the covered member.
``(d) Determination by the Secretary Concerned.--The Secretary
concerned may determine that the proximate cause of termination of
education benefits is dependent-abuse, as specified in regulations
prescribed in subsection (e), only if--
``(1) the record for the administrative separation
establishes, by a preponderance of evidence presented, that the
covered individual perpetrated a dependent-abuse offense; or
``(2) the covered individual is convicted of a dependent-
abuse offense.
``(e) Review of Determinations.--(1) The Secretary of Defense and
the Secretary of Homeland Security shall, in coordination with the
Secretary of Veterans Affairs, establish procedures by which a spouse
or dependent child whose application for reinstatement of terminated
educational assistance under subsection (b) is denied by the Secretary
concerned may request the applicable Secretary review the application
and denial.
``(2) Pursuant to a review by the Secretary of Defense or the
Secretary of Homeland Security under paragraph (1) of an application
and denial, the Secretary of Defense or the Secretary of Homeland
Security, as the case may be, may overturn the denial if the Secretary
determines such denial was made in error.
``(3) The Secretary receiving a request for a review of an
application and denial pursuant to the procedures required by paragraph
(1) shall review the application and denial and respond to the request
not later than 30 days after receiving the request.
``(4) The Secretary of Defense and the Secretary of Homeland
Security shall, in coordination with the Secretary of Veterans Affairs,
develop and make available to the public guidance on how a spouse or
dependent child may request a review pursuant to the procedures
established under paragraph (1).
``(f) Regulations.--(1) The Secretary of Defense and the Secretary
of Homeland Security, in coordination with the Secretary of Veterans
Affairs, shall prescribe regulations to carry out this section.
``(2) Regulations under paragraph (1) shall include the following:
``(A) The procedure for application of reinstatement of education
benefits.
``(B) The criminal offenses, or categories of offenses, under the
Uniform Code of Military Justice (chapter 47 of title 10), Federal
criminal law, the criminal laws of the States and other jurisdictions
of the United States, and the laws of other nations that are to be
considered dependent-abuse offenses for the purposes of this section.
``(g) Bar to Duplication of Educational Assistance Benefits.--An
individual entitled to education assistance under this chapter who is
also eligible for educational assistance under chapter 30, 31, 32, or
35 of this title, chapter 107, 1606, or 1607 or section 510 of title
10, may not receive assistance under two or more such program
concurrently, but shall elect (in such form and manner as the Secretary
may prescribe) under which section to receive educational assistance.
``(h) Definitions.--In this section:
``(1) The term `covered individual' means a member of the
Armed Forces described in section 3311(b) of this title.
``(2) The term `dependent-abuse offense' means conduct by a
covered individual while a member of the Armed Forces on active
duty for a period of more than 30 days that--
``(A) involves abuse of the spouse or a dependent
child of the member; and
``(B) is a criminal offense specified in
regulations prescribed under subsection (e).
``(3) The term `dependent child' has the meaning given such
term in section 1408(h) of title 10.
``(4) The term `spouse' means a person who was the
beneficiary of transferred educational assistance payments at
the time of discharge of a covered individual, who--
``(A) was married to the covered individual; or
``(B) divorced such individual prior to discharge
for, as determined by the Secretary concerned, reasons
relating to a dependent abuse-offense that resulted in
a discharge characterization that does not meet the
requirements of section 3311(c) of this title.''.
(b) Clerical Amendment.--The table of sections at the beginning of
chapter 33 of such title is amended by inserting after the item
relating to section 3319 the following new item:
``Sec. 3319A. Victims of sexual assault and domestic violence;
authority to retain transferred education
benefits.''.
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