I 112th CONGRESS 2d Session H. R. 6046 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.

1.

Short title

This Act may be cited as the Military Spouses Equal Treatment Act of 2012.

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. .