I 

116TH CONGRESS 

2D SESSION H. R. 7209 

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 

JUNE 15, 2020 

Ms. HAALAND (for herself, Mrs. KIRKPATRICK, Ms. NORTON, Mr. SOTO, Mr. 

GRIJALVA, Mr. GALLEGO, Mrs. HAYES, Mr. LYNCH, Mr. LOWENTHAL, 

Mr. CA ́RDENAS, Ms. SA ́NCHEZ, Mrs. MURPHY of Florida, Mr. RASKIN, 

Mr. CICILLINE, and Ms. SCANLON) 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. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Anthony Gonzales 

5 Equality for Survivors (AGES) Act’’. 


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1 SEC. 2. DETERMINATION OF VALID MARRIAGE UNDER THE 

2 SOCIAL SECURITY ACT. 

3 (a) IN GENERAL.—Section 216(h)(1)(A)(i) of the So4 cial Security Act (42 U.S.C. 416(h)(1)(A)(i)) is amended 

5 by striking ‘‘is domiciled’’ and all that follows through 

6 ‘‘the District of Columbia,’’ and inserting ‘‘and such appli7 cant were married (or, if such insured individual and such 

8 applicant were not married in any State but were validly 

9 married in another jurisdiction, the courts of any State)’’. 

10 (b) EFFECTIVE DATE.—The amendments made by 

11 this section shall apply to all final determinations of family 

12 status made after June 26, 2013. 

13 SEC. 3. ALTERNATIVE METHOD OF MEETING NINE-MONTH 

14 REQUIREMENT FOR WIDOWS, STEP15 CHILDREN, OR WIDOWERS IN CERTAIN 

16 CASES. 

17 Section 216(k) of the Social Security Act (42 U.S.C. 

18 416(k)) is amended— 

19 (1) in the section heading, by striking ‘‘in Case 

20 of Accidental Death or in Case of Serviceman Dying 

21 in Line of Duty, or in Case of Remarriage to the 

22 Same Individual’’ and inserting ‘‘in certain cases’’; 

23 (2) in paragraph (1), by striking ‘‘or’’ at the 

24 end; 

25 (3) in paragraph (2)(B), by adding ‘‘or’’ at the 

26 end; 


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1 (4) by inserting after paragraph (2) the fol2 lowing: 

3 ‘‘(3)(A) in the case of a widow or widower of 

4 such individual whose marriage to such individual 

5 would not have been treated as a marriage for pur6 poses of Federal law prior to June 26, 2013, such 

7 widow or widower— 

8 ‘‘(i) became the wife or husband of such 

9 individual (or was deemed to be the wife or hus10 band of such individual under subsection 

11 (h)(1)(A)(ii))— 

12 ‘‘(I) if such widow or widower is domi13 ciled in a State that recognized same-sex 

14 marriages as of June 26, 2013, during the 

15 9-month period beginning with June 26, 

16 2013; and 

17 ‘‘(II) if such widow or widower is 

18 domiciled in any other State— 

19 ‘‘(aa) during the 9-month period 

20 beginning with June 26, 2013; or 

21 ‘‘(bb) during the 9-month period 

22 beginning with June 26, 2015, or if 

23 earlier, the first date on which such 

24 State recognized same-sex marriages; 

25 and 


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1 ‘‘(ii) provides a sworn affidavit that the 

2 widow or widower was in a domestic partner3 ship with such individual throughout the 9- 

4 month period ending on the date of the individ5 ual’s death; or 

6 ‘‘(B) the stepchild of such individual— 

7 ‘‘(i) became the stepchild of such indi8 vidual as a result of a parent of the stepchild 

9 becoming the wife or husband of such individual 

10 (or being deemed to be the wife or husband of 

11 such individual under subsection 

12 (h)(1)(A)(ii))— 

13 ‘‘(I) if such parent is domiciled in a 

14 State that recognized same-sex marriages 

15 as of June 26, 2013, during the 9-month 

16 period beginning with June 26, 2013; and 

17 ‘‘(II) if such parent is domiciled in 

18 any other State— 

19 ‘‘(aa) during the 9-month period 

20 beginning with June 26, 2013; or 

21 ‘‘(bb) during the 9-month period 

22 beginning with June 26, 2015, or if 

23 earlier, the first date on which such 

24 State recognized same-sex marriages; 

25 and 


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1 ‘‘(ii) provides a sworn affidavit that such 

2 parent was in a domestic partnership with such 

3 individual throughout the 9-month period end4 ing on the date of the individual’s death;’’; and 

5 (5) by adding at the end the following: ‘‘For 

6 purposes of this subsection, the term ‘same-sex mar7 riage’ shall include a civil union, registered domestic 

8 partnership, and any other legal relationship treated 

9 by the Commissioner as a marital relationship for 

10 purposes of determining eligibility for spousal bene11 fits under this title.’’ 

12 SEC. 4. NOTIFICATION OF CHANGES IN LAW; OUTREACH 

13 CAMPAIGN. 

14 (a) IN GENERAL.—Not later than 180 days after the 

15 date of the enactment of this Act, the Commissioner of 

16 Social Security shall conduct a comprehensive and effec17 tive 3-year outreach campaign to encourage individuals 

18 newly eligible for benefits under title II of the Social Secu19 rity Act as a result of changes in law relating to same20 sex marriage and occurring on or after June 26, 2013, 

21 including this Act and the amendments made thereby, to 

22 apply for such benefits. Such outreach campaign shall in23 clude direct notification regarding such changes in law to 

24 current beneficiaries and to individuals approaching retire25 ment. 


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1 (b) REPORT TO CONGRESS.—Not later than Decem2 ber 31 of each of the first 3 calendar years beginning after 

3 the date of the enactment of this Act, the Commissioner 

4 of Social Security shall submit to the Committee on Ways 

5 and Means of the House of Representatives, the Com6 mittee on Finance of the Senate, and the Committees on 

7 Appropriations of the House of Representatives and the 

8 Senate a report that includes— 

9 (1) a description of the educational and out10 reach activities conducted by the Commissioner of 

11 Social Security under subsection (a) during the pre12 ceding year; 

13 (2) the number of applications for benefits 

14 under title II of the Social Security Act filed as a 

15 result of changes in law relating to same-sex mar16 riage and occurring on or after June 26, 2013, in17 cluding this Act and the amendments made thereby, 

18 in the preceding year; and 

19 (3) the number of such applications which re20 sulted in entitlement to benefits. 

Æ 


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