Gold Star Spouses Non-Monetary Benefits Act
Bill: H.R.4191 | Sponsor: Rep. Stefanik, Elise M. (R-NY)
Policy area: Armed Forces and National Security

Summary:
Gold Star Spouses Non-Monetary Benefits Act
This bill addresses certain federal benefits for surviving spouses of members of the Armed Forces, including those who have remarried.
For purposes of noncompetitive appointment to government employment, a surviving spouse of a member of the Armed Forces who was married to such member at the time they died while on active duty may be appointed as a military spouse, regardless of remarriage. Additionally, widows or widowers of certain veterans who served on active duty must be considered preference eligible for purposes of government employment, regardless of remarriage.
A surviving spouse who is eligible for the gold star lapel button is entitled to commissary and exchange privileges to the same extent and on the same basis as the surviving spouse of a retired member of the uniformed services. Such spouses are also entitled, upon request, to medical and dental care provided in facilities of the uniformed services.
A surviving spouse who is eligible for a gold star lapel button must be permitted to use commissary stores and certain retail facilities on the same basis as a dependent of a member of the Armed Forces on active duty.
In regard to Department of Veterans Affairs (VA) benefits, the remarriage of a surviving spouse of a veteran does not bar the furnishing of non-monetary benefits to a surviving spouse who is eligible for a gold star lapel button. Such surviving spouses who are eligible for a gold star lapel button are also eligible for certain VA home loan programs.

To restore certain non-monetary Federal benefits to surviving spouses, 
 eligible for the Gold Star lapel button, who remarried, and for other 
                               purposes.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Gold Star Spouses Non-Monetary 
Benefits Act''.

SEC. 2. FEDERAL BENEFITS FOR REMARRIED SURVIVING SPOUSES ELIGIBLE FOR 
              THE GOLD STAR LAPEL BUTTON.

    (a) Civil Service.--
            (1) Preference eligible.--Section 2108(3)(D) of title 5, 
        United States Code, is amended by striking ``unmarried''.
            (2) Noncompetitive appointment.--Section 3330d(a)(3)(B) of 
        such title is amended to read as follows:
                    ``(B) who was married to a member of the Armed 
                Forces on the date on which the member dies while on 
                active duty in the Armed Forces.''.
    (b) Department of Defense.--
            (1) Commissary and exchange benefits.--Section 1062 of 
        title 10, United States Code, is amended--
                    (A) by inserting ``(a) Unremarried Former 
                Spouses.--'' before ``The Secretary''; and
                    (B) by adding at the end the following new 
                subsection:
    ``(b) Surviving Spouses Eligible for the Gold Star Lapel Buttion.--
The Secretary of Defense shall prescribe such regulations as may be 
necessary to provide that a surviving spouse eligible for the gold star 
lapel button under section 1126 of this title is entitled to commissary 
and exchange privileges to the same extent and on the same basis as the 
surviving spouse of a retired member of the uniformed services.''.
            (2) Certain morale, welfare, and recreation privileges.--
                    (A) In general.--Chapter 54 of title 10, United 
                States Code, is amended by adding at the end the 
                following new section:
``Sec. 1066. Use of commissary stores and MWR facilities: surviving 
              spouses eligible for the gold star lapel button
    ``(a) Eligibility of Surviving Spouses Eligible for the Gold Star 
Lapel Button.--A surviving spouse who is eligible for a gold star lapel 
button under section 1126 of this title shall be permitted to use 
commissary stores and MWR retail facilities on the same basis as the 
dependent of a member of the armed forces on active duty.
    ``(b) MWR Retail Facilities Defined.--In this section, the term 
`MWR retail facilities' has the meaning given that term in section 1063 
of this title.''.
                    (B) Clerical amendment.--The table of sections at 
                the beginning of chapter 54 of title 10, United States 
                Code, is amended by adding at the end the following new 
                item:

``1066. Use of commissary stores and MWR facilities: surviving spouses 
                            eligible for the gold star lapel button.''.
            (3) Eligibility for medical and dental care.--Paragraph (2) 
        of section 1072 of title 10, United States Code, is amended--
                    (A) in subparagraph (H), by striking ``; and'' and 
                inserting a semicolon;
                    (B) in subparagraph (I)(v), by striking the period 
                at the end and inserting ``; and''; and
                    (C) by adding at the end the following new 
                subparagraph:
                    ``(J) A surviving spouse who is eligible for a gold 
                star lapel button under section 1126 of this title.''.
            (4) Entitlement to medical and dental care.--Section 
        1076(a)(2) of title 10, United States Code, is amended by 
        adding at the end the following new subparagraph:
                    ``(F) A surviving spouse who is eligible for a gold 
                star lapel button under section 1126 of this title.''.
    (c) Department of Veterans Affairs.--
            (1) Special marriage provisions.--Section 103(d)(2) of 
        title 38, United States Code, is amended by adding at the end 
        the following new subparagraph:
    ``(C) The remarriage of the surviving spouse of a veteran shall not 
bar the furnishing of non-monetary benefits to such surviving spouse if 
such surviving spouse is eligible for a gold star lapel button under 
section 1126 of title 10.''.
            (2) Eligibility for housing and small business loans.--
        Section 3701(b) of title 38, United States Code, is amended by 
        adding at the end the following new paragraph:
            ``(8) The term `veteran' also includes an individual who 
        is--
                    ``(A) the surviving spouse of a veteran; and
                    ``(B) eligible for a gold star lapel button under 
                section 1126 of title 10.''.
    (d) Effective Date.--The amendments made by this section shall 
apply beginning on the first day of the first month beginning after the 
date of the enactment of this Act.
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