S. 373: Charlie Morgan Military Spouses Equal Treatment Act of 2013

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

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

II

113th CONGRESS

1st Session

S. 373

IN THE SENATE OF THE UNITED STATES

February 14, 2013

(for herself andMrs. Gillibrand) introduced the following bill; which was read twice and referred to theCommittee on Veterans' Affairs

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 Charlie Morgan Military Spouses Equal Treatment Act of 2013 .

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)

Notwithstandingsection 7 of title 1, an individual shall be considered aspouseif 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 termStatemeans 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 precedingparagraph (1), by strikingIn this title—and insertingThe following rules of construction apply in this title:;

(B)

inparagraph (1)

(i)

by insertingThe termafter(1); and

(ii)

by striking the semicolon at the end and inserting a period;

(C)

inparagraph (2)

(i)

by insertingThe termafter(2); and

(ii)

by striking the semicolon at the end and inserting a period;

(D)

inparagraph (3)

(i)

by insertingThe phraseafter(3); and

(ii)

by striking the semicolon at the end and inserting a period; and

(E)

inparagraph (4)

(i)

by insertingThe termafter(4); and

(ii)

by striking; andand inserting a period.

(b)

Title 32

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

(18)

Notwithstandingsection 7 of title 1, an individual shall be considered aspouseif 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 termStatemeans 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)

Notwithstandingsection 7 of title 1, an individual shall be considered aspouseif 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 termStatemeans 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)

inparagraph (3), by strikingof the opposite sex; and

(2)

by strikingparagraph (31)and inserting the following new paragraph:

(31)

Notwithstandingsection 7 of title 1, an individual shall be considered aspouseif 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 termStatehas the meaning given that term inparagraph (20), except that the term also includes the Commonwealth of the Northern Mariana Islands.

.