[Congressional Record Volume 171, Number 123 (Thursday, July 17, 2025)]
[Senate]
[Page S4466]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
SA 2918. Mr. KING (for himself and Mr. Cramer) submitted an amendment
intended to be proposed by him to the bill S. 2296, to authorize
appropriations for fiscal year 2026 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:
``Sec. 3319A. Victims of sexual assault and domestic violence;
authority to retain transferred education benefits .''.
______