WASHINGTON – U.S. Senator Kevin Cramer (R-ND) joined U.S. Senator Angus King (I-ME) in co-leading the Safeguarding VA Dependent Education Benefits Act of 2023. This legislation protects the GI educational benefits of a spouse or dependent whose benefits would be terminated as a result of a servicemember being convicted or dishonorably discharged for domestic or sexual assault. Under current law, dependent victims may lose transferred education benefits if their servicemember perpetrator is discharged due to dishonorable service.

“Families of servicemembers make many sacrifices in the service of supporting our country. These dependents rely on transferred GI educational benefits and stripping this benefit revictimizes them. Our support for servicemembers extends to their families, and this is a small step to support victims of domestic violence,” said Senator Cramer.

“Education should never come at the expense of one’s safety or wellbeing,” said Senator King. “The Safeguarding VA Depending Education Benefits of 2023 will help survivors of abuse feel empowered to speak up while ensuring they’re still able to access critical education benefits. The entire family serves when a military member signs up to serve and we owe it to them to provide the upmost support and protection.”

"Victims of domestic abuse have already been physically and emotionally betrayed. They shouldn't also have to lose the education benefits they were counting on to make their lives better," said Besa Pinchotti, CEO of the National Military Family Association. "Senators King and Cramer introducing this bill gives hope to military spouses and children who silently serve our country and are fighting for a better future."

"Protect Our Defenders fiercely supports Senators King and Cramer in their recognition and efforts to reinstate educational benefits for survivors of sexual assault and domestic violence,” said Adelaide Kahn-Fowler, Director of Programs & Policy, Protect Our Defender. “Too often family members of service members who experience sexual and/or domestic violence are forced to stay silent out of the fear of losing the benefits that they are otherwise entitled to. This bill would go a long way towards empowering survivors."

Under this legislation a spouse, former spouse, or a dependent child, who has been transferred benefits under 38 U.S.C. § 3319, will be eligible to have benefits reinstated if the servicemember from whom the benefits were transferred is convicted or dishonorably discharged for abuse of the spouse or dependent child. The benefit could be granted to a family member under either circumstance:

  • The record for the administrative separation establishes, by a preponderance of evidence presented, that the covered individual perpetrated a dependent-abuse offense; or
  • The covered individual is convicted of a dependent-abuse offense in criminal trial at the federal, state, local or Tribal level.

Click here for bill text.