S. 2698: Safeguarding Department of Veterans Affairs Dependent Education Benefits Act of 2025

The Safeguarding Department of Veterans Affairs Dependent Education Benefits Act of 2025 aims to amend existing laws regarding educational assistance for certain members of the Armed Forces and their families. Here are the key aspects of the bill:

Reinstatement of Educational Benefits

The bill proposes to reinstate eligibility for Post-9/11 Educational Assistance for spouses and dependent children of military personnel whose benefits were terminated due to incidents of sexual assault or domestic violence. The educational assistance benefit can be reinstated if:

• The termination was a result of the military member being administratively separated or convicted for a dependent-abuse offense.
• This termination led to a discharge that does not meet standard conditions for benefits eligibility.

Application Process

For the reinstatement of educational benefits, the following steps must be taken:

• The spouse or dependent child must apply for reinstatement.
• The application needs to provide sufficient evidence to demonstrate that the applicant was a victim of abuse that triggered the termination of benefits.
• The application process will be designed to be trauma-informed, in consultation with veterans service organizations.

Limitations on Reinstated Payments

The reinstated educational payments cannot exceed the amount that remains unused from any educational benefits that had been transferred to the spouse or dependent child prior to the discharge of the military member.

Criteria for Determination of Abuse

The decision regarding whether the benefits termination was due to dependent abuse will be established based on:

• Proof that the military member committed a dependent-abuse offense through an administrative separation record.
• A court conviction for a dependent-abuse offense.

Review of Denials

If an application for reinstatement is denied, the individual can request a review of the denial. This review will be conducted by the Secretary of Defense or the Secretary of Homeland Security, who may overturn the denial if it is deemed erroneous. The review process must be completed within 30 days of a request.

Regulatory Framework

The bill mandates the Secretary of Defense and the Secretary of Homeland Security to draft regulations to implement the provisions of reinstating educational benefits. This includes defining what constitutes dependent-abuse offenses and outlining the procedures for applying for reinstatement.

Definitions Used in the Bill

Key terms defined in the bill include:

• Covered Individual: A member of the Armed Forces eligible for the educational assistance program.
• Dependent-Abuse Offense: Conduct involving the abuse of the member’s spouse or dependent child that is deemed a criminal offense under specified regulations.
• Dependent Child: Defined as per existing military regulations.
• Spouse: A person who was married to the military member at the benefit transfer, or who divorced the member due to reasons related to dependent abuse that affected the discharge status.

Clerical Amendments

The bill also includes a clerical component that requires an update to existing legal documentation to officially integrate the new section on the reinstatement of educational benefits for victims of domestic violence and sexual assault.

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