I 

115TH CONGRESS 

1ST SESSION H. R. 2247 

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 

APRIL 28, 2017 

Ms. MICHELLE LUJAN GRISHAM of New Mexico 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’’. 

6 SEC. 2. DETERMINATION OF VALID MARRIAGE UNDER THE 

7 SOCIAL SECURITY ACT. 

8 (a) IN GENERAL.—Section 216(h)(1)(A)(i) of the So9 cial Security Act (42 U.S.C. 416(h)(1)(A)(i)) is amended 

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


rfrederick on DSKBCBPHB2PROD with BILLS
2 

•HR 2247 IH

1 ‘‘the District of Columbia,’’ and inserting ‘‘and such appli2 cant were married (or, if such insured individual and such 

3 applicant were not married in any State but were validly 

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

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

6 this section shall apply to all final determinations of family 

7 status made after June 26, 2013. 

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

9 REQUIREMENT FOR WIDOWS, STEP10 CHILDREN, OR WIDOWERS IN CERTAIN 

11 CASES. 

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

13 416(k)) is amended— 

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

15 of Accidental Death or in Case of Serviceman Dying 

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

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

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

19 end; 

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

21 end; 

22 (4) by inserting after paragraph (2) the fol23 lowing: 

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

25 such individual whose marriage to such individual 


rfrederick on DSKBCBPHB2PROD with BILLS
3 

•HR 2247 IH

1 would not have been treated as a marriage for pur2 poses of Federal law prior to June 26, 2013, such 

3 widow or widower— 

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

5 individual (or was deemed to be the wife or hus6 band of such individual under subsection 

7 (h)(1)(A)(ii))— 

8 ‘‘(I) if such widow or widower is domi9 ciled in a State that recognized same-sex 

10 marriages as of June 26, 2013, during the 

11 9-month period beginning with June 26, 

12 2013; and 

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

14 domiciled in any other State— 

15 ‘‘(aa) during the 9-month period 

16 beginning with June 26, 2013; or 

17 ‘‘(bb) during the 9-month period 

18 beginning with June 26, 2015, or if 

19 earlier, the first date on which such 

20 State recognized same-sex marriages; 

21 and 

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

23 widow or widower was in a domestic partner24 ship with such individual throughout the 9- 


rfrederick on DSKBCBPHB2PROD with BILLS
4 

•HR 2247 IH

1 month period ending on the date of the individ2 ual’s death; or 

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

4 ‘‘(i) became the stepchild of such indi5 vidual as a result of a parent of the stepchild 

6 becoming the wife or husband of such individual 

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

8 such individual under subsection 

9 (h)(1)(A)(ii))— 

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

11 State that recognized same-sex marriages 

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

13 period beginning with June 26, 2013; and 

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

15 any other State— 

16 ‘‘(aa) during the 9-month period 

17 beginning with June 26, 2013; or 

18 ‘‘(bb) during the 9-month period 

19 beginning with June 26, 2015, or if 

20 earlier, the first date on which such 

21 State recognized same-sex marriages; 

22 and 

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

24 parent was in a domestic partnership with such 


rfrederick on DSKBCBPHB2PROD with BILLS
5 

•HR 2247 IH

1 individual throughout the 9-month period end2 ing on the date of the individual’s death;’’; and 

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

4 purposes of this subsection, the term ‘same-sex mar5 riage’ shall include a civil union, registered domestic 

6 partnership, and any other legal relationship treated 

7 by the Commissioner as a marital relationship for 

8 purposes of determining eligibility for spousal bene9 fits under this title.’’ 

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

11 CAMPAIGN. 

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

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

14 Social Security shall conduct a comprehensive and effec15 tive 3-year outreach campaign to encourage individuals 

16 newly eligible for benefits under title II of the Social Secu17 rity Act as a result of changes in law relating to same18 sex marriage and occurring on or after June 26, 2013, 

19 including this Act and the amendments made thereby, to 

20 apply for such benefits. Such outreach campaign shall in21 clude direct notification regarding such changes in law to 

22 current beneficiaries and to individuals approaching retire23 ment. 

24 (b) REPORT TO CONGRESS.—Not later than Decem25 ber 31 of each of the first 3 calendar years beginning after 


rfrederick on DSKBCBPHB2PROD with BILLS
6 

•HR 2247 IH

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

2 of Social Security shall submit to the Committee on Ways 

3 and Means of the House of Representatives, the Com4 mittee on Finance of the Senate, and the Committees on 

5 Appropriations of the House of Representatives and the 

6 Senate a report that includes— 

7 (1) a description of the educational and out8 reach activities conducted by the Commissioner of 

9 Social Security under subsection (a) during the pre10 ceding year; 

11 (2) the number of applications for benefits 

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

13 result of changes in law relating to same-sex mar14 riage and occurring on or after June 26, 2013, in15 cluding this Act and the amendments made thereby, 

16 in the preceding year; and 

17 (3) the number of such applications which re18 sulted in entitlement to benefits. 

Æ 


rfrederick on DSKBCBPHB2PROD with BILLS