[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3900 Introduced in House (IH)]
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118th CONGRESS
1st Session
H. R. 3900
To amend title 38, United States Code, to establish certain rights for
spouses of members of the uniformed services.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
June 7, 2023
Mr. Deluzio introduced the following bill; which was referred to the
Committee on Veterans' Affairs
_______________________________________________________________________
A BILL
To amend title 38, United States Code, to establish certain rights for
spouses of members of the uniformed services.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. ESTABLISHMENT OF CERTAIN RIGHTS FOR SPOUSES OF MEMBERS OF
THE UNIFORMED SERVICES.
(a) Definition.--Section 4303 of title 38, United States Code, is
amended--
(1) by redesignating paragraphs (14) through (17) as
paragraphs (15) through (18), respectively; and
(2) by inserting, after paragraph (13), the following new
paragraph:
``(14) The term `spouse' means husband or wife, as the case
may be.''.
(b) Termination of Entitlement.--Section 4304 of title 38, United
States Code, is amended--
(1) by inserting ``(a)'' before ``A person's'';
(2) by adding at the end the following new subsection:
``(b) Except for reemployment rights under section 4312 of this
title, a person's entitlement to the benefits of this chapter by reason
of service in the uniformed services by the spouse of such person
terminates on the date of issuance, by a court of competent
jurisdiction, of a final decree of divorce, dissolution, or annulment,
regarding such person and such spouse.''; and
(3) in the heading, by striking ``Character of service''
and inserting ``Termination of entitlement''.
(c) Discrimination Prohibited.--Section 4311 of title 38, United
States Code, is amended--
(1) in subsection (a), by inserting ``, or the spouse of
such a person,'' after ``uniformed service''; and
(2) in the heading, by inserting ``spouses of such
persons;'' after ``and''.
(d) Reemployment Rights.--Section 4312 of title 38, United States
Code, is amended as follows:
(1) In subsection (a)--
(A) in the matter preceding paragraph (1), by
inserting ``, or by reason of such service by the
spouse of such person,'' after ``uniformed services'';
(B) in paragraph (2), by striking ``service in the
uniformed services does not exceed five years; and''
and inserting ``such service does not exceed five
years;'';
(C) by redesignating paragraph (3) as paragraph
(4); and
(D) by inserting, after paragraph (2), the
following new paragraph (3):
``(3) in the case of a person whose absence is by reason of
such service by the spouse of such person, the length of the
absence does not exceed two consecutive years; and''.
(2) In subsection (c)--
(A) in the matter preceding paragraph (1)--
(i) by striking ``who is absent from a
position of employment by reason of service in
the uniformed services if such person's
cumulative period of service in the uniformed
services'' and inserting ``described in such
subsection if the cumulative period of
absence''; and
(ii) by striking ``any such period of
service shall not include any service'' and
inserting ``any such period of absence shall
not include any absence'';
(B) in paragraph (1), by inserting ``for the member
of the uniformed services'' before ``to complete'';
(C) in paragraph (2), by inserting ``(or the spouse
of such person)'' after ``such person'' both places it
appears;
(D) in paragraph (3), by inserting ``for service''
before ``performed as required''; and
(E) in paragraph (4), in the matter preceding
subparagraph (A)--
(i) by striking ``performed''; and
(ii) by inserting ``(or the spouse of such
a member)'' after ``uniformed service''.
(3) In subsection (d)(1)--
(A) in subparagraph (B), by striking ``; or'' and
inserting a semicolon;
(B) by redesignating subparagraph (C) as
subparagraph (D); and
(C) by inserting, after subparagraph (B), the
following new subparagraph (C):
``(C) in the case of a person whose absence from employment
is by reason of service in the uniformed services by the spouse
of such person, such person obtains new employment.''.
(4) In subsection (e)--
(A) in paragraph (1)--
(i) in the matter preceding subparagraph
(A), by striking ``paragraph (2)'' and
inserting ``paragraphs (2) and (3)''; and
(ii) in subparagraph (D), by inserting
``(or the spouse of such a person)'' after
``180 days'';
(B) in paragraph (2)(A), by inserting ``, or the
spouse of such a person,'' before ``shall'';
(C) by redesignating paragraph (3) as paragraph
(4); and
(D) by inserting, after paragraph (2), the
following new paragraph (3):
``(3) In the case of a person absent from employment by reason of
service in the uniformed services by the spouse of such person, if such
person ceases to be married to such spouse--
``(A) by reason of the death of such spouse, such person
shall notify the employer of such person of the person's intent
to return to a position of employment with such employer not
later than two years after such death; or
``(B) for any reason other than the death of such spouse,
such person shall notify the employer of such person of the
person's intent to return to a position of employment with such
employer not later than 30 days after a court of competent
jurisdiction issues a final decree of divorce, dissolution, or
annulment.''.
(5) In subsection (h), by striking ``person's training or
service'' and inserting ``person's (or the person's spouse's)
training or service''.
(6) In the heading, by striking ``of persons who serve in
the uniformed services''.
(e) Reemployment Positions.--Section 4313(a)(2) of title 38, United
States Code, is amended in the matter preceding subparagraph (A) by
inserting ``(or whose spouse's)'' after ``whose''.
(f) Reemployment by the Federal Government.--Section 4314 of title
38, United States Code, is amended by inserting ``(or the spouse of
such person)'' before ``entered'' both places it appears.
(g) Reemployment by Certain Federal Agencies.--Section 4315(b) of
title 38, United States Code, is amended by inserting ``, and the
spouses of such persons,'' after ``uniformed services''.
(h) Rights, Benefits, and Obligations of Spouses Absent From
Employment for Service in a Uniformed Service.--Section 4316 of title
38, United States Code, is amended--
(1) in subsection (a), by inserting ``, by such person or
the spouse of such person,'' after ``of service'';
(2) in subsection (b)--
(A) in paragraph (1)--
(i) in the matter preceding subparagraph
(A), by striking ``in the uniformed services''
and inserting ``described in subsection (a)'';
(ii) in subparagraph (A), by striking
``while performing'' and inserting ``during'';
and
(iii) in subparagraph (B), by striking
``while such person performs'' and inserting
``during'';
(B) in paragraph (2)--
(i) in subparagraph (A)--
(I) in clause (i), by striking ``in
the uniformed services'' and inserting
``described in subsection (a)''; and
(II) in clause (ii), by striking
``service in the uniformed services''
and inserting ``such service''; and
(ii) in subparagraph (B), by striking
``service in the uniformed services'' and
inserting ``such service''; and
(C) in paragraph (3), by striking ``while serving
in the uniformed services'' and inserting ``during
service described in subsection (a)'';
(3) in subsection (c), by striking ``person's period of
service'' both places it appears and inserting ``period of
service described in subsection (a)'';
(4) in subsection (d), by striking ``in the uniformed
services'' and inserting ``described in subsection (a)''; and
(5) in the heading, by striking ``for'' and inserting ``due
to''.
(i) Health Plans.--Section 4317 of title 38, United States Code, is
amended--
(1) in subsection (a)--
(A) in paragraph (1), by inserting ``by such person
or the spouse of such person'' after ``uniformed
services'';
(B) in paragraph (2), by striking ``performs
service in the uniformed services'' and inserting ``is
absent from such position of employment by reason of
service described in subsection (a)''; and
(C) in paragraph (3)(B)(ii), by striking ``served
by the person in the uniformed services'' and inserting
``of service described in subsection (a)''; and
(2) in subsection (b)(1), by striking ``in the uniformed
services'' and inserting ``described in subsection (a)''.
(j) Employee Pension Benefit Plans.--Section 4318 of title 38,
United States Code, is amended--
(1) in subsection (a)(2)--
(A) in subparagraph (A), by striking ``periods of
service in the uniformed services'' and inserting
``periods of absence from employment described in
section 4312 of this title''; and
(B) in subparagraph (B), by striking ``period
served by a person in the uniformed services'' and
inserting ``such period of absence'';
(2) in subsection (b)--
(A) in paragraph (1)--
(i) in the matter preceding subparagraph
(A)--
(I) by striking ``period of
service'' both places it appears and
inserting ``such period''; and
(II) by striking ``service in the
uniformed services'' and inserting ``a
period of absence''; and
(ii) in subparagraph (B)(i), by striking
``period served by the person in the uniformed
services'' and inserting ``period of absence'';
(B) in paragraph (2)--
(i) by striking ``period of service'' and
inserting ``period of absence''; and
(ii) by striking ``service in the uniformed
services'' and inserting ``absence''; and
(C) in paragraph (3), by striking ``period of
service'' both places it appears and inserting ``period
of absence''.
(k) Training for Federal Executive Agency Human Resources Personnel
on Employment and Reemployment Rights and Limitations.--Section 4318(a)
of title 38, United States Code, is amended by inserting ``(and the
spouses of such members)'' after ``members'' both places it appears.
(l) Technical Amendments.--The table of sections at the beginning
of chapter 43 of title 38, United States Code, is amended as follows:
(1) By striking the item relating to section 4304 and
inserting the following:
``4304. Termination of entitlement.''.
(2) By striking the item relating to section 4311 and
inserting the following:
``4311. Discrimination against persons who serve in the uniformed
services and spouses of such persons; acts
of reprisal prohibited.''.
(3) By striking the item relating to section 4312 and
inserting the following:
``4312. Reemployment rights.''.
(4) By striking the item relating to section 4316 and
inserting the following:
``4316. Rights, benefits, and obligations of persons absent from
employment due to service in a uniformed
service.''.
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