50 U.S.C. § 4025 — Guarantee of residency for military per-

Page 1018 TITLE 50—WAR AND NATIONAL DEFENSE § 4025 vated in the line of duty (within the meaning of section 105 of title 38). (c) Exceptions Subsection (a) does not apply to a servicemember entitled to participate in em- ployer-offered insurance benefits pursuant to the provisions of chapter 43 of title 38. (d) Time for applying for reinstatement An application under this section must be filed not later than 120 days after the date of the termination of or release from military service. (e) Limitation on premium increases (1) Premium protection The amount of the premium for health in- surance coverage that was terminated by a servicemember and required to be reinstated under subsection (a) may not be increased, for the balance of the period for which coverage would have been continued had the coverage not been terminated, to an amount greater than the amount chargeable for such coverage before the termination. (2) Increases of general applicability not pre- cluded Paragraph (1) does not prevent an increase in premium to the extent of any general in- crease in the premiums charged by the carrier of the health care insurance for the same health insurance coverage for persons simi- larly covered by such insurance during the pe- riod between the termination and the rein- statement. (Oct. 17, 1940, ch. 888, title VII, § 704, as added Pub. L. 108–189, § 1, Dec. 19, 2003, 117 Stat. 2864; amended Pub. L. 109–233, title III, § 302, June 15, 2006, 120 Stat. 406.) Editorial Notes CODIFICATION Section was formerly classified to section 594 of the former Appendix to this title prior to editorial reclassi- fication and renumbering as this section. PRIOR PROVISIONS A prior section 704 of act Oct. 17, 1940, ch. 888, art. VII, as added Pub. L. 107–107, div. A, title XVI, § 1603, Dec. 28, 2001, 115 Stat. 1276, related to guarantee of resi- dency for military personnel, prior to the general amendment of this Act by Pub. L. 108–189. See section 4025 of this title. AMENDMENTS 2006—Subsec. (b)(3). Pub. L. 109–233, § 302(b), sub- stituted ‘‘in a case in which the’’ for ‘‘if the’’. Subsec. (e). Pub. L. 109–233, § 302(a), added subsec. (e). Statutory Notes and Related Subsidiaries EFFECTIVE DATE Section applicable to any case not final before Dec. 19, 2003, see section 3 of Pub. L. 108–189, set out as a note under section 3901 of this title. § 4025. Guarantee of residency for military per- sonnel and spouses of military personnel (a) In general For the purposes of voting for any Federal of- fice (as defined in section 30101 of title 52) or a State or local office, a person who is absent from a State in compliance with military or naval orders shall not, solely by reason of that absence— (1) be deemed to have lost a residence or domicile in that State, without regard to whether or not the person intends to return to that State; (2) be deemed to have acquired a residence or domicile in any other State; or (3) be deemed to have become a resident in or a resident of any other State. (b) Spouses For the purposes of voting for any Federal of- fice (as defined in section 30101 of title 52) or a State or local office— (1) a person who is absent from a State be- cause the person is accompanying the person’s spouse who is absent from that same State in compliance with military or naval orders shall not, solely by reason of that absence— (A) be deemed to have lost a residence or domicile in that State, without regard to whether or not the person intends to return to that State; (B) be deemed to have acquired a residence or domicile in any other State; or (C) be deemed to have become a resident in or a resident of any other State; and (2) the spouse of a servicemember may elect to use the same residence as the servicemember regardless of the date on which the marriage of the spouse and the servicemember occurred. (Oct. 17, 1940, ch. 888, title VII, § 705, as added Pub. L. 108–189, § 1, Dec. 19, 2003, 117 Stat. 2865; amended Pub. L. 111–97, § 2(a), Nov. 11, 2009, 123 Stat. 3007; Pub. L. 115–407, title III, § 303(a), Dec. 31, 2018, 132 Stat. 5373.) Editorial Notes CODIFICATION Section was formerly classified to section 595 of the former Appendix to this title prior to editorial reclassi- fication and renumbering as this section. AMENDMENTS 2018—Subsec. (b). Pub. L. 115–407 substituted ‘‘State or local office—’’ for ‘‘State or local office, a person who is absent from a State because the person is ac- companying the person’s spouse who is absent from that same State in compliance with military or naval orders shall not, solely by reason of that absence—’’ in introductory provisions, added pars. (1) and (2), and struck out former pars. (1) to (3) which read as follows: ‘‘(1) be deemed to have lost a residence or domicile in that State, without regard to whether or not the person intends to return to that State; ‘‘(2) be deemed to have acquired a residence or domi- cile in any other State; or ‘‘(3) be deemed to have become a resident in or a resi- dent of any other State.’’ 2009—Pub. L. 111–97 inserted ‘‘and spouses of military personnel’’ after ‘‘military personnel’’ in section catch- line, designated existing provisions as subsec.(a), in- serted heading, and added subsec. (b). Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 2018 AMENDMENT Pub. L. 115–407, title III, § 303(b), Dec. 31, 2018, 132 Stat. 5374, provided that: ‘‘The amendments made by Page 1019 TITLE 50—WAR AND NATIONAL DEFENSE § 4026 subsection (a) [amending this section] shall take effect on the date that is 90 days after the date of the enact- ment of this Act [Dec. 31, 2018].’’ EFFECTIVE DATE OF 2009 AMENDMENT Pub. L. 111–97, § 2(c), Nov. 11, 2009, 123 Stat. 3007, pro- vided that: ‘‘Subsection (b) of section 705 of such Act [Servicemembers Civil Relief Act] (50 U.S.C. App. 595) [now 50 U.S.C. 4025], as added by subsection (a) of this section, shall apply with respect to absences from States described in such subsection (b) on or after the date of the enactment of this Act [Nov. 11, 2009], re- gardless of the date of the military or naval order con- cerned.’’ EFFECTIVE DATE Section applicable to any case not final before Dec. 19, 2003, see section 3 of Pub. L. 108–189, set out as a note under section 3901 of this title. § 4025a. Portability of professional licenses of servicemembers and their spouses (a) In general If a servicemember or the spouse of a servicemember has a covered license and relo- cates residence because such servicemember re- ceives military orders for military service in a State other than the State of the licensing au- thority that issued the covered license, such covered license shall be considered valid for the scope of practice in the State of the new resi- dence if such servicemember or spouse submits to the licensing authority of such State an ap- plication described in subsection (c). (b) Temporary licenses If a licensing authority is required to consider a covered license valid under subsection (a) but cannot carry out such requirement during the 30 days after receiving an application described in subsection (c), the licensing authority may issue to the applicant a temporary license that con- fers the same rights, privileges, and responsibil- ities as a permanent license. (c) Application An application described in this subsection in- cludes the following: (1) Proof of military orders described in sub- section (a). (2) If the applicant is the spouse of a servicemember, a copy of the marriage certifi- cate. (3) A notarized affidavit affirming, under the penalty of law, that— (A) the applicant is the person described and identified in the application; (B) all statements made in the application are true and correct and complete; (C) the applicant has read and understands the requirements to receive a license, and the scope of practice, of the State of the li- censing authority; (D) the applicant certifies that the appli- cant meets and shall comply with require- ments described in subparagraph (C); and (E) the applicant is in good standing in all States in which the applicant holds or has held a license. (d) Background checks A licensing authority that receives an applica- tion described in subsection (b) may conduct a background check of the applicant before car- rying out subsection (a) or (b). (e) Interstate compacts If a servicemember or spouse of a servicemember has a covered license to operate in multiple States pursuant to an interstate compact described in section 1784 of title 10— (1) the servicemember or spouse of a servicemember shall be subject to the require- ments of such compact or the applicable provi- sions of law of the applicable State; and (2) this section shall not apply to such servicemember or spouse of a servicemember. (f) Definitions In this section: (1) The term ‘‘covered license’’ means a pro- fessional license that, with respect to a scope of practice— (A) is in good standing with the licensing authority that issued such license; (B) has not been revoked or had discipline imposed by any State; (C) does not have an investigation relating to unprofessional conduct pending in any State relating to it; and (D) has not been voluntarily surrendered while under investigation for unprofessional conduct in any State. (2) The term ‘‘license’’ means any license, certificate, or other evidence of qualification that an individual is required to obtain before the individual may engage in, or represent himself or herself to be a member of, a par- ticular profession. (3) The term ‘‘licensing authority’’ means any State board, commission, department, or agency that— (A) is established in the State for the pri- mary purpose of regulating the entry of per- sons into or the conduct of persons within, a particular profession; and (B) is authorized to issue licenses. (4) The term ‘‘military orders’’ has the meaning given such term in section 3955 of this title. (5) The term ‘‘scope of practice’’ means the defined parameters of various duties or serv- ices that may be provided by an individual under a license. (Oct. 17, 1940, ch. 888, title VII, § 705A, as added Pub. L. 117–333, § 19(a), Jan. 5, 2023, 136 Stat. 6137; amended Pub. L. 118–159, div. A, title V, § 587, Dec. 23, 2024, 138 Stat. 1912.) Editorial Notes AMENDMENTS 2024—Pub. L. 118–159 amended section generally. Prior to amendment, section related to portability of profes- sional licenses of servicemembers and their spouses. § 4026. Business or trade obligations (a) Availability of non-business assets to satisfy obligations If the trade or business (without regard to the form in which such trade or business is carried out) of a servicemember has an obligation or li- ability for which the servicemember is person-