[Congressional Bills 112th Congress]
[From the U.S. Government Publishing Office]
[H.R. 6046 Introduced in House (IH)]

112th CONGRESS
  2d Session
                                H. R. 6046

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.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                             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

_______________________________________________________________________

                                 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.

    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.''.
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