To amend title 38, United States Code, to establish certain rights for spouses of members of the uniformed services.

Bill: 118-hr-3900
Sponsor: full_name: Rep. Deluzio, Christopher R. [D-PA-17]
Introduced: 2023-06-07
Policy area: Armed Forces and National Security
Subjects: Alternative dispute resolution, mediation, arbitration

Employee benefits and pensions

Employment and training programs

Military personnel and dependents

Separation, divorce, custody, support
Latest action: action_date: 2023-07-19
text: Subcommittee Consideration and Mark-up Session Held

Summaries:

tv_txt: I 118th CONGRESS 1st Session H. R. 3900 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.

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. .