[Congressional Bills 113th Congress]
[From the U.S. Government Publishing Office]
[H.R. 5182 Introduced in House (IH)]

113th CONGRESS
  2d Session
                                H. R. 5182

   To amend title II of the Social Security Act to provide for equal 
treatment of individuals in same-sex marriages, and for other purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                             July 23, 2014

    Mr. Takano (for himself, Mr. Becerra, Mr. Cicilline, Ms. Lee of 
  California, Mr. Higgins, Mr. Schiff, Mr. McDermott, and Mr. Himes) 
 introduced the following bill; which was referred to the Committee on 
                             Ways and Means

_______________________________________________________________________

                                 A BILL


 
   To amend title II of the Social Security Act to provide for equal 
treatment of individuals in same-sex marriages, and for other purposes.

    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 ``Social Security and Medicare Parity 
Act of 2014''.

SEC. 2. DETERMINATION OF VALID MARRIAGE UNDER THE SOCIAL SECURITY ACT.

    (a) In General.--Section 216(h)(1)(A)(i) of the Social Security Act 
(42 U.S.C. 416(h)(1)(A)(i)) is amended by striking ``is domiciled'' and 
all that follows through ``the District of Columbia,'' and inserting 
``and such applicant were married (or, if such insured individual and 
such applicant were not married in any State but were validly married 
in another jurisdiction, the courts of any State)''.
    (b) Effective Date.--The amendments made by this section shall 
apply to all final determinations of family status made after June 26, 
2013.

SEC. 3. ALTERNATIVE METHOD OF MEETING NINE-MONTH REQUIREMENT FOR 
              WIDOWS, STEPCHILDREN, OR WIDOWERS IN CERTAIN CASES.

    Section 216(k) of the Social Security Act (42 U.S.C. 416(k)) is 
amended--
            (1) in the section heading, by striking ``in Case of 
        Accidental Death or in Case of Serviceman Dying in Line of 
        Duty, or in Case of Remarriage to the Same Individual'' and 
        inserting ``in certain cases'';
            (2) in paragraph (1), by striking ``or'' at the end;
            (3) in paragraph (2)(B), by adding ``or'' at the end; and
            (4) by inserting after paragraph (2) the following:
            ``(3)(A) in the case of a widow or widower of such 
        individual whose marriage to such individual would not have 
        been treated as a marriage for purposes of Federal law prior to 
        June 26, 2013, such widow or widower--
                    ``(i) became the wife or husband of such individual 
                (or was deemed to be the wife or husband of such 
                individual under subsection (h)(1)(A)(ii))--
                            ``(I) if such widow or widower is domiciled 
                        in a State that recognized same-sex marriages, 
                        civil unions, or registered domestic 
                        partnerships as of June 26, 2013, before March 
                        26, 2014; and
                            ``(II) if such widow or widower is 
                        domiciled in any other State--
                                    ``(aa) before March 26, 2014; or
                                    ``(bb) if applicable, during the 9-
                                month period beginning with the 1st 
                                date on which such State recognized 
                                same-sex marriages, civil unions, or 
                                registered domestic partnerships; and
                    ``(ii) provides a sworn affidavit that the widow or 
                widower was married to, or in a domestic partnership 
                with, such individual throughout the 9-month period 
                ending on the date of the individual's death; or
            ``(B) the stepchild of such individual--
                    ``(i) became the stepchild of such individual as a 
                result of a parent of the stepchild becoming the wife 
                or husband of such individual (or being deemed to be 
                the wife or husband of such individual under subsection 
                (h)(1)(A)(ii))--
                            ``(I) if such parent is domiciled in a 
                        State that recognized same-sex marriages, civil 
                        unions, or registered domestic partnerships as 
                        of June 26, 2013, before March 26, 2014; and
                            ``(II) if such parent is domiciled in any 
                        other State--
                                    ``(aa) before March 26, 2014; or
                                    ``(bb) if applicable, during the 9-
                                month period beginning with the 1st 
                                date on which such State recognized 
                                same-sex marriages, civil unions, or 
                                registered domestic partnerships; and
                    ``(ii) provides a sworn affidavit that such parent 
                was married to, or in a domestic partnership with, such 
                individual throughout the 9-month period ending on the 
                date of the individual's death;''.

SEC. 4. ALTERNATIVE METHOD OF MEETING 1-YEAR REQUIREMENT FOR WIVES, 
              STEPCHILDREN, OR HUSBANDS IN CERTAIN CASES.

    The requirement in section 216(b)(2) of the Social Security Act (42 
U.S.C. 416) and the requirement in section 216(f)(2) of such Act that 
the spouse of an individual shall have been married to such individual 
for a period of not less than 1 year immediately preceding the day on 
which the spouse's application for wife's or husband's insurance 
benefits is filed in order to qualify as such individual's wife or 
husband, and the requirement in section 216(e)(2) of such Act that the 
stepchild of an individual shall have been such stepchild for not less 
than 1 year immediately preceding the day on which application for 
child's insurance benefits is filed in order to qualify as such 
individual's child, shall be deemed to be satisfied, where such 
application is filed within the applicable 1-year period, if--
            (1) in the case of a wife or husband of such individual 
        whose marriage to such individual would not have been treated 
        as a marriage for purposes of Federal law prior to June 26, 
        2013, such wife or husband--
                    (A) became the wife or husband of such individual 
                (or was deemed to be the wife or husband of such 
                individual under subsection (h)(1)(A)(ii) of such 
                Act)--
                            (i) if such wife or husband is domiciled in 
                        a State that recognized same-sex marriages, 
                        civil unions, or registered domestic 
                        partnerships as of June 26, 2013, before June 
                        26, 2014; and
                            (ii) if such wife or husband is domiciled 
                        in any other State--
                                    (I) before June 26, 2014; or
                                    (II) if applicable, during the 1-
                                year period beginning with the 1st date 
                                on which such State recognized same-sex 
                                marriages, civil unions, or registered 
                                domestic partnerships; and
                    (B) provides a sworn affidavit that the wife or 
                husband was married to, or in a domestic partnership 
                with, such individual throughout the 1-year period 
                ending on the date of the application for wife's or 
                husband's insurance benefits; or
            (2) the stepchild of such individual--
                    (A) became the stepchild of such individual as a 
                result of a parent of the stepchild becoming the wife 
                or husband of such individual (or being deemed to be 
                the wife or husband of such individual under subsection 
                (h)(1)(A)(ii) of such Act)--
                            (i) if such parent is domiciled in a State 
                        that recognized same-sex marriages, civil 
                        unions, or registered domestic partnerships as 
                        of June 26, 2013, before June 26, 2014; and
                            (ii) if such parent is domiciled in any 
                        other State--
                                    (I) before June 26, 2014; or
                                    (II) if applicable, during the 1-
                                year period beginning with the 1st date 
                                on which such State recognized same-sex 
                                marriages, civil unions, or registered 
                                domestic partnerships; and
                    (B) provides a sworn affidavit that such parent was 
                married to, or in a domestic partnership with, such 
                individual throughout the 1-year period ending on the 
                date of the application for child's insurance benefits.

SEC. 5. NOTIFICATION OF CHANGES IN LAW; OUTREACH CAMPAIGN.

    (a) In General.--As soon as practicable after the date of the 
enactment of this Act but not later than December 31, 2014, the 
Commissioner of Social Security shall conduct a comprehensive and 
effective 3-year outreach campaign to encourage individuals newly 
eligible for benefits under title II of the Social Security Act as a 
result of changes in law relating to same-sex marriage and occurring on 
or after June 26, 2013, including this Act and the amendments made 
thereby, to apply for such benefits. Such outreach campaign shall 
include direct notification regarding such changes in law to current 
beneficiaries and to individuals approaching retirement.
    (b) Report to Congress.--Not later than December 31 of each of the 
1st 3 calendar years beginning with 2015, the Commissioner of Social 
Security shall submit to the Committee on Ways and Means of the House 
of Representatives, the Committee on Finance of the Senate, and the 
Committees on Appropriations of the House of Representatives and the 
Senate a report that includes--
            (1) a description of the educational and outreach 
        activities conducted by the Commissioner of Social Security 
        under subsection (a) during the preceding year;
            (2) the number of applications for benefits under title II 
        of the Social Security Act filed as a result of changes in law 
        relating to same-sex marriage and occurring on or after June 
        26, 2013, including this Act and the amendments made thereby, 
        in the preceding year; and
            (3) the number of such applications which resulted in 
        entitlement to benefits.
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