[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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