I 111th CONGRESS 1st Session H. R. 4043 IN THE HOUSE OF REPRESENTATIVES November 6, 2009 Ms. Shea-Porter (for herself and Mr. Jones) introduced the following bill; which was referred to the Committee on Armed Services A BILL To amend title 10, United States Code, to recognize the spouses of members of the Armed Forces who are serving in combat or have served in combat through the presentation of an official lapel button.

1.

Short title

This Act may be cited as the Military Spouse Pin Act.

2.

Department of Defense recognition of spouses of members of the Armed Forces serving in combat

(a)

Establishment and presentation of lapel button

Chapter 57 of title 10, United States Code, is amended by inserting after section 1126 the following new section:

1126a.

Spouse-of-a-combat-veteran lapel button: eligibility and presentation

(a)

Design and eligibility

A lapel button, to be known as the spouse-of-a-combat-veteran lapel button, shall be designed, as approved by the Secretary of Defense, to identify and recognize the spouse of a member of the armed forces who is serving in a combat zone for a period of more than 30 days. (b)

Presentation

Under regulations to be prescribed by the Secretary of Defense, the Secretary concerned shall present one spouse-of-a-combat-veteran lapel button without cost to the spouse of a member described in subsection (a) as soon as practicable after the member completes 30 days of service in a combat zone. (c)

Limitation on number of buttons

(1)Not more than one spouse-of-a-combat-veteran lapel button may be presented to the spouse of a member, regardless of the number of times the member serves in a combat zone. (2)Notwithstanding paragraph (1), if subsequent service by a member in a combat zone occurs while the member is married to a different spouse, a spouse-of-a-combat-veteran lapel button shall be presented to the current spouse under this section. (3)Notwithstanding paragraph (1), if a spouse-of-a-combat-veteran lapel button presented under this section has been lost, destroyed, or rendered unfit for use without fault or neglect on the part of the spouse to whom it was furnished, the Secretary concerned may replace the lapel button upon application and payment of an amount sufficient to cover the cost of manufacture and presentation. (d)

Exception to time period requirement

The 30-day periods specified in subsections (a) and (b) do not apply if the member is killed or wounded in the combat zone before the expiration the period. (e)

Combat zone defined

The term combat zone has the meaning given that term in section 112(c)(2) of the Internal Revenue Code of 1986.

. (b)

Clerical amendment

The table of sections at the beginning of such chapter is amended by inserting after the item relating to section 1126 the following new item: 1126a. Spouse-of-a-combat-veteran lapel button: eligibility and presentation. . (c)

Presentation to spouses of veterans of earlier conflicts

(1)

Availability

The Secretary of Defense shall make the spouse-of-a-combat-veteran lapel button authorized by section 1126a of title 10, United States Code, as added by subsection (a), available to the spouse (including a surviving spouse) of any member of the Armed Forces who served in a combat zone for a period of more than 30 days during World War II, the Korean Conflict, the Vietnam Conflict, or any other period of armed hostilities in which the United States was engaged before the date of the enactment of this Act. The Secretary shall provide a mechanism by which a spouse or surviving spouse of a combat veteran, or a person acting on behalf of a spouse or surviving spouse of a combat veteran, to apply to the Secretary of Defense for a spouse-of-a-combat-veteran lapel button. (2)

Notification of certain members

Not later than 60 days after the date of the enactment of this Act, the Secretary of Defense shall notify members of the Armed Forces who served in a combat zone for a period of more than 30 days since September 11, 2001, of the availability of the spouse-of-a-combat-veteran lapel button under this subsection. (3)

Limitations and exceptions

Subsections (c) and (d) of section 1126a of title 10, United States Code, shall apply with respect to the presentation of the spouse-of-a-combat-veteran lapel button under this subsection.