[Congressional Record Volume 162, Number 84 (Thursday, May 26, 2016)]
[Senate]
[Pages S3335-S3336]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

  SA 4335. Mrs. MURRAY submitted an amendment intended to be proposed 
by her to the bill S. 2943, to authorize appropriations for fiscal year 
2017 for military activities of the Department of Defense, for military 
construction, and for defense activities of the Department of Energy, 
to prescribe military personnel strengths for such fiscal year, and for 
other purposes; which was ordered to lie on the table; as follows:

       At the end of subtitle E of title VI, add the following:

[[Page S3336]]

  


     SEC. 663. COMMISSARY, EXCHANGE, AND MORALE, WELFARE, AND 
                   RECREATION BENEFITS FOR CERTAIN SAME-SEX 
                   SURVIVING SPOUSES OF MEMBERS AND FORMER MEMBERS 
                   OF THE UNIFORMED SERVICES.

       (a) In General.--A qualifying same-sex surviving spouse of 
     a member or former member of the uniformed services is 
     entitled to commissary, exchange, and morale, welfare, and 
     recreation privilege benefits, and shall be issued a 
     Department of Defense Identification Card for purposes of 
     receipt of such benefits, to the same extent, and on the same 
     basis, as the surviving spouse of a retired member of the 
     uniformed services who is not a qualifying same-sex surviving 
     spouse but is entitled to such benefits.
       (b) Qualifying Same-sex Surviving Spouse.--For purposes of 
     this section, an individual is a qualifying same-sex 
     surviving spouse of a member or former member of the 
     uniformed services if the individual is the same-sex 
     surviving spouse of any member of the uniformed services as 
     follows:
       (1) A member who died while on active duty.
       (2) A member who was awarded the medal of honor.
       (3) A former member who was a veteran with a service-
     connected disability or combination of disabilities rated as 
     100 percent disabling under the schedule of ratings of 
     disabilities of the Department of Veterans Affairs.
       (4) A retired member.
       (c) Documentation.--An individual seeking to be treated as 
     a qualifying same-sex surviving spouse under subsection (a) 
     shall submit to the Secretary of Defense documentation to 
     establish the status of the individual under subsection (b) 
     as the Secretary shall specify for purposes of this section. 
     Such documentation shall include the following:
       (1) To establish former marital status, any one of the 
     following:
       (A) A marriage certificate.
       (B) A certification of domestic partnership.
       (C) A death certificate for the member concerned.
       (D) An affidavit by a judge advocate certifying a common-
     law marriage.
       (E) Any other documentation the Secretary considers 
     appropriate.
       (2) To establish identity, one of the following:
       (A) An identification card issued by the Federal 
     Government.
       (B) A driver's license issued by a State.
       (C) A birth certificate.
       (D) Any other documentation the Secretary considers 
     appropriate.
       (d) Comptroller General Report.--
       (1) In general.--Not later than one year after the date of 
     the enactment of this Act, the Comptroller General of the 
     United States shall submit to Congress a report on extent of 
     the inclusion by the Department of Defense of same-sex 
     spouses and same-sex widows and widowers in the benefits 
     provided by the Department to spouses and surviving spouses 
     in their status as current or former military dependents (as 
     applicable).
       (2) Elements.--The report required by paragraph (1) shall 
     set forth the following:
       (A) The number of same-sex spouses, widows, and widowers 
     who are eligible for benefits described in paragraph (3) as 
     current or former military dependents.
       (B) The number of individuals described in subparagraph (A) 
     who are receiving benefits for which they are eligible.
       (C) An analysis, including a complete file review of a 
     representative sample of military personnel files, 
     identifying policy or procedural barriers that prevent same-
     sex military spouses, widows, and widowers from receiving 
     benefits as current or former military dependents.
       (D) An evaluation of the compliance by Army Human Resources 
     Command with the requirements of subsection (a).
       (E) An evaluation of the compliance by Army Human Resources 
     Command with policies in place before the date of the 
     enactment of this Act with respect to the equitable treatment 
     of same-sex spouses, widows, and widowers in eligibility for 
     benefits as current or former military dependents.
       (F) Recommendations for actions to correct any 
     noncompliance identified pursuant to subparagraphs (D) and 
     (E).
       (G) Recommendations for actions to ensure that individuals 
     described in subparagraph (A) who were inappropriately denied 
     benefits described in paragraph (3) are notified and assisted 
     in receiving such benefits.
       (H) Any other matters the Comptroller General considers 
     appropriate.
       (3) Benefits.--The benefits described in this paragraph are 
     as follows:
       (A) Commissary, exchange and morale, welfare and recreation 
     privileges and benefits.
       (B) Health care, including medical, dental, and pharmacy 
     services.
       (C) Education benefits.
       (D) Life Insurance.
       (E) On-installation housing.
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