,,ii  #aahth ,,congress  #ast ,session  
,s4 #cbhh  ,,in ,,the ,,senate ,,of     
,,the ,,united ,,states  ,november #i1  
#bjbc,mr4 ,king 7for himself and ,mr4   
,cramer7 introduced the following bill2 
which was read twice and referred to the
 ,committee on ,veterans' ,affairs  ,a  
,,bill  ,to amend title #ch1 ,united    
,states ,code1 to reinstate entitlement 
to ,post-#i_/aa ,educational ,assistance
 for victims of sexual assault or       
domestic violence1 and for other        
purposes4  #a4 ,short title ,this ,act  
may be cited as the ,safeguarding       
,department of ,veterans ,affairs       
,dependent ,education ,benefits ,act of 
#bjbc4  #b4 ,reinstatement of           
entitlement to ,post-#i_/aa ,educational
 ,assistance for victims of sexual      
assault or domestic violence  7a7 ,in   
general ,chapter #cc of title #ch1      
,united ,states ,code1 is amended by    
inserting after section #ccai1 the      
following3  #ccai;,a4 ,victims of sexual
 assault and domestic violence2         

authority to retain transferred         
education benefits  7a7 ,reinstatement  
of educational assistance ,the          
,secretary concerned may1 subject to    
regulations prescribed by the ,secretary
 of ,defense and the ,secretary of      
,homeland ,security in coordination with
 the ,secretary of ,veterans ,affairs1  
reinstate terminated educational        
assistance payments that were           
transferred to a spouse or a dependent  
child under section #ccai of this title 
if the ,secretary concerned determines  
that the proximate cause for the        
termination of payment is-- 7#a7 the    
administrative separation or conviction 
by a court martial1 or by civilian1     
,tribal1 or ,state court1 of a covered  
individual for a dependent-abuse        
offense2 and  7#b7 the administrative   
separation or conviction resulted in a  
discharge characterization of the       
covered individual that does not meet   
the requirements of section #ccaa7;c7 of
 this title4  7b7 ,application  7#a7 ,a 

spouse or dependent child described in  
subsection 7a7 seeking reinstatement of 
terminated educational assistance       
payments for a termination described in 
such subsection shall apply for such    
reinstatement not later than #c years   
after the discharge of the covered      
individual4  7#b7 ,an application under 
paragraph 7#a7 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       
#ccaa7;c7 of this title4  7c7           
,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 #ccai of this 
title that remain unobligated at the    
time of discharge of the covered member4
  7d7 ,determination by the ,secretary  
concerned ,the ,secretary concerned may 
determine that the proximate cause of   

termination of education benefits is    
dependent-abuse1 as specified in        
regulations prescribed in subsection    
7e71 only if-- 7#a7 the record for the  
administrative separation establishes1  
by a preponderance of evidence          
presented1 that the covered individual  
perpetrated a dependent-abuse offense2  
or  7#b7 the covered individual is      
convicted of a dependent-abuse offense4 
7e7 ,review of determinations  7#a7 ,the
 ,secretary of ,defense and the         
,secretary of ,homeland ,security shall1
 in coordination with the ,secretary of 
,veterans ,affairs1 establish procedures
 by which a spouse or dependent child   
whose application for reinstatement of  
terminated educational assistance under 
subsection 7b7 is denied by the         
,secretary concerned may request the    
applicable ,secretary review the        
application and denial4  7#b7 ,pursuant 
to a review by the ,secretary of        
,defense or the ,secretary of ,homeland 
,security under paragraph 7#a7 of an    

application and denial1 the ,secretary  
of ,defense or the ,secretary of        
,homeland ,security1 as the case may be1
 may overturn the denial if the         
,secretary determines such denial was   
made in error4  7#c7 ,the ,secretary    
receiving a request for a review of an  
application and denial pursuant to the  
procedures required by paragraph 7#a7   
shall review the application and denial 
and respond to the request not later    
than #cj days after receiving the       
request4  7#d7 ,the ,secretary of       
,defense and the ,secretary of ,homeland
 ,security shall1 in coordination with  
the ,secretary of ,veterans ,affairs1   
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 7#a74  7f7 ,regulations  7#a7 
,the ,secretary of ,defense and the     
,secretary of ,homeland ,security1 in   
coordination with the ,secretary of     
,veterans ,affairs1 shall prescribe     

regulations to carry out this section4  
7#b7 ,regulations under paragraph 7#a7  
shall include the following3 7,a7 ,the  
procedure for application of            
reinstatement of education benefits4    
7,b7 ,the criminal offenses1 or         
categories of offenses1 under the       
,uniform ,code of ,military ,justice    
7chapter #dg of title #aj71 ,federal    
criminal law1 the criminal laws of the  
,states and other jurisdictions of the  
,united ,states1 and the laws of other  
nations that are to be considered       
dependent-abuse offenses for the        
purposes of this section4  7g7          
,definitions ,in this section3 7#a7 ,the
 term covered individual means a member 
of the ,armed ,forces described in      
section #ccaa7;b7 of this title4  7#b7  
,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 #cj days 
that-- 7,a7 involves abuse of the spouse
 or a dependent child of the member2 and

  7,b7 is a criminal offense specified  
in regulations prescribed under         
subsection 7e74  7#c7 ,the term         
dependent child has the meaning given   
such term in section #adjh7;h7 of title 
#aj4  7#d7 ,the term spouse means a     
person who was the beneficiary of       
transferred educational assistance      
payments at the time of discharge of a  
covered individual1 who-- 7,a7 was      
married to the covered individual2 or   
7,b7 divorced such individual prior to  
discharge for1 as determined by the     
,secretary concerned1 reasons relating  
to a dependent abuse-offense that       
resulted in a discharge characterization
 that does not meet the requirements of 
section #ccaa7;c7 of this title4  4  7b7
 ,clerical amendment ,the table of      
sections at the beginning of chapter #cc
 of such title is amended by inserting  
after the item relating to section #ccai
 the following new item3  ,sec4         
#ccai;,a4 ,victims of sexual assault and
 domestic violence2 authority to retain 

transferred education benefits 4  4