[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[S. 3288 Introduced in Senate (IS)]

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118th CONGRESS
  1st Session
                                S. 3288

  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

                            November 9, 2023

 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 2023''.

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 not later than 3 years after the 
discharge of the covered individual.
    ``(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.
    ``(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) 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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