S. 2698

119 S2698 IS: Safeguarding Department of Veterans Affairs Dependent Education Benefits Act of 2025
 U.S. Senate
 2025-09-03
 text/xml
 EN
 Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.
  II
  119th CONGRESS
  1st Session
  S. 2698
  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.
1.
Short title
This Act may be cited as the   Safeguarding Department of Veterans Affairs Dependent Education Benefits Act of 2025  .
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:
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.
  .