S. 373 — Introduced in Senate

II 113th CONGRESS 1st Session S. 373 IN THE SENATE OF THE UNITED STATES February 14, 2013 Mrs. Shaheen (for herself and Mrs. Gillibrand) introduced the following bill; which was read twice and referred to the Committee 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) 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. .