[Congressional Record Volume 170, Number 113 (Tuesday, July 9, 2024)]
[Senate]
[Pages S4273-S4274]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

  SA 2077. Mr. KING (for himself and Mr. Cramer) submitted an amendment 
intended to be proposed by him to the bill S. 4638, to authorize 
appropriations for fiscal year 2025 for military activities of the 
Department of Defense, for military construction, and for defense 
activities of the Department of Energy, to prescribe military personnel 
strengths for such fiscal year, and for other purposes; which was 
ordered to lie on the table; as follows:

       At the appropriate place, insert the following:

     SEC. ___. 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:


[[Page S4274]]


``Sec. 3319A. Victims of sexual assault and domestic violence; 
              authority to retain transferred education benefits .''.
                                 ______