H.R. 683: Military Spouses Equal Treatment Act

113th Congress, 2013–2015. Text as of Feb 14, 2013 (Introduced).

Status & Summary | PDF | Source: GPO and Cato Institute Deepbills

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113th CONGRESS

1st Session

H. R. 683

IN THE HOUSE OF REPRESENTATIVES

February 14, 2013

(for himself, Ms. Hanabusa, Mr. Brady of Pennsylvania, Mr. Johnson of Georgia, Mr. Langevin, Mr. Castro of Texas, Mr. Courtney, Mr. Garamendi, Mr. Andrews, Mr. Peters of California, Ms. Kuster, Mr. O’Rourke, Ms. Shea-Porter, Ms. Speier, Ms. Tsongas, Mr. Larsen of Washington, Ms. Brownley of California, Mr. Takano, Mr. Schiff, Mr. Lowenthal, Ms. Lee of California, Mr. Rush, Mrs. Carolyn B. Maloney of New York, Mr. Heck of Washington, Mr. Connolly, Ms. Moore, Mr. Huffman, Mr. Moran, Ms. Chu, Mr. Pocan, Mr. Capuano, Mr. Honda, Mr. Farr, Mr. Israel, Mr. Bishop of New York, Ms. Gabbard, Ms. Norton, Mr. McDermott, Mr. Ryan of Ohio, Mr. McGovern, Mr. Deutch, Mr. Carson of Indiana, Mrs. Davis of California, and Mrs. Capps) 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

A BILL

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.

1.

Short title

This Act may be cited as the Military Spouses Equal Treatment Act .

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.

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(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.

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(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.

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(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.

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