HR 6046 IH

To amend titles 10, 32, 37, and 38 of the United States Code, to add a definition of spouse for purposes of military personnel policies and military and veteran benefits that recognizes new State definitions of spouse.

June 27, 2012

Mr. SMITH of Washington (for himself, Mr. FILNER, Mrs. DAVIS of California, Mr. BRADY of Pennsylvania, Mr. ANDREWS, Mr. LANGEVIN, Mr. LARSEN of Washington, Ms. TSONGAS, Ms. PINGREE of Maine, Mr. RYAN of Ohio, Mr. JOHNSON of Georgia, Ms. HANABUSA, and Ms. SPEIER) introduced the following bill; which was referred to the Committee on Armed Services, and in addition to the Committee on Veterans’ Affairs, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned

To amend titles 10, 32, 37, and 38 of the United States Code, to add a definition of spouse for purposes of military personnel policies and military and veteran benefits that recognizes new State definitions of spouse.

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 ‘Military Spouses Equal Treatment Act of 2012’.

SEC. 2. DEFINITION OF SPOUSE FOR PURPOSES OF MILITARY PERSONNEL POLICIES AND MILITARY AND VETERAN BENEFITS TO REFLECT NEW STATE DEFINITIONS OF SPOUSE.

(a) Title 10-

(1) DEFINITION- Paragraph (5) of section 101(f) of title 10, United States Code, is amended to read as follows:

‘(5) Notwithstanding section 7 of title 1, an individual shall be considered a ‘spouse’ if the marriage of the individual is valid in the State in which the marriage was entered into or, in the case of a marriage entered into outside any State, if the marriage is valid in the place in which the marriage was entered into and the marriage could have been entered into in a State. In this paragraph, the term ‘State’ means the several States, the District of Columbia, the Commonwealth of Puerto Rico, the Commonwealth of the Northern Mariana Islands, and the territories and possessions.’.

(2) CONFORMING AMENDMENTS- Such section is further amended--

(A) in the matter preceding paragraph (1). by striking ‘In this title--’ and inserting ‘The following rules of construction apply in this title:’;

(B) in paragraph (1)--

(i) by inserting ‘The term’ after ‘(1)’; and

(ii) by striking the semicolon at the end and inserting a period;

(C) in paragraph (2)--

(i) by inserting ‘The term’ after ‘(2)’; and

(ii) by striking the semicolon at the end and inserting a period;

(D) in paragraph (3)--

(i) by inserting ‘The phrase’ after ‘(3)’; and

(ii) by striking the semicolon at the end and inserting a period; and

(E) in paragraph (4)--

(i) by inserting ‘The term’ after ‘(4)’; and

(ii) by striking ‘; and’ and inserting a period.

(b) Title 32- Paragraph (18) of section 101 of title 32, United States Code, is amended to read as follows:

‘(18) Notwithstanding section 7 of title 1, an individual shall be considered a ‘spouse’ if the marriage of the individual is valid in the State in which the marriage was entered into or, in the case of a marriage entered into outside any State, if the marriage is valid in the place in which the marriage was entered into and the marriage could have been entered into in a State. In this paragraph, the term ‘State’ means the several States, the District of Columbia, the Commonwealth of Puerto Rico, the Commonwealth of the Northern Mariana Islands, and the territories and possessions.’.

(c) Title 37- Section 101 of title 37, United States Code, is amended by adding at the end the following new paragraph:

‘(27) Notwithstanding section 7 of title 1, an individual shall be considered a ‘spouse’ if the marriage of the individual is valid in the State in which the marriage was entered into or, in the case of a marriage entered into outside any State, if the marriage is valid in the place in which the marriage was entered into and the marriage could have been entered into in a State. In this paragraph, the term ‘State’ means the several States, the District of Columbia, the Commonwealth of Puerto Rico, the Commonwealth of the Northern Mariana Islands, and the territories and possessions.’.

(d) Title 38- Section 101 of title 38, United States Code, is amended--

(1) in paragraph (3), by striking ‘of the opposite sex’; and

(2) by striking paragraph (31) and inserting the following new paragraph:

‘(31) Notwithstanding section 7 of title 1, an individual shall be considered a ‘spouse’ if the marriage of the individual is valid in the State in which the marriage was entered into or, in the case of a marriage entered into outside any State, if the marriage is valid in the place in which the marriage was entered into and the marriage could have been entered into in a State. In this paragraph, the term ‘State’ has the meaning given that term in paragraph (20), except that the term also includes the Commonwealth of the Northern Mariana Islands.’.