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 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 .