I 

113TH CONGRESS 

1ST SESSION H. R. 683 

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. 

IN THE HOUSE OF REPRESENTATIVES 

FEBRUARY 14, 2013 

Mr. SMITH of Washington (for himself, Ms. HANABUSA, Mr. BRADY of Pennsylvania, Mr. JOHNSON of Georgia, Mr. LANGEVIN, Mr. CASTRO of 

Texas, Mr. COURTNEY, Mr. GARAMENDI, Mr. ANDREWS, Mr. PETERS of 

California, Ms. KUSTER, Mr. O’ROURKE, Ms. SHEA-PORTER, Ms. 

SPEIER, Ms. TSONGAS, Mr. LARSEN of Washington, Ms. BROWNLEY of 

California, Mr. TAKANO, Mr. SCHIFF, Mr. LOWENTHAL, Ms. LEE of California, Mr. RUSH, Mrs. CAROLYN B. MALONEY of New York, Mr. HECK

of Washington, Mr. CONNOLLY, Ms. MOORE, Mr. HUFFMAN, Mr. 

MORAN, Ms. CHU, Mr. POCAN, Mr. CAPUANO, Mr. HONDA, Mr. FARR, 

Mr. ISRAEL, Mr. BISHOP of New York, Ms. GABBARD, Ms. NORTON, Mr. 

MCDERMOTT, Mr. RYAN of Ohio, Mr. MCGOVERN, Mr. DEUTCH, Mr. 

CARSON of Indiana, Mrs. DAVIS of California, and Mrs. CAPPS) introduced the following bill; which was referred to the Committee on Armed 

Services, and in addition to the Committee on Veterans’ Affairs, for a 

period to be subsequently determined by the Speaker, in each case for 

consideration of such provisions as fall within the jurisdiction of the committee concerned 

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. 


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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 ‘‘Military Spouses Equal 

5 Treatment Act’’. 

6 SEC. 2. DEFINITION OF SPOUSE FOR PURPOSES OF MILI7 TARY PERSONNEL POLICIES AND MILITARY 

8 AND VETERAN BENEFITS TO REFLECT NEW 

9 STATE DEFINITIONS OF SPOUSE. 

10 (a) TITLE 10.— 

11 (1) DEFINITION.—Paragraph (5) of section 

12 101(f) of title 10, United States Code, is amended 

13 to read as follows: 

14 ‘‘(5) Notwithstanding section 7 of title 1, an in15 dividual shall be considered a ‘spouse’ if the mar16 riage of the individual is valid in the State in which 

17 the marriage was entered into or, in the case of a 

18 marriage entered into outside any State, if the mar19 riage is valid in the place in which the marriage was 

20 entered into and the marriage could have been en21 tered into in a State. In this paragraph, the term 

22 ‘State’ means the several States, the District of Co23 lumbia, the Commonwealth of Puerto Rico, the Com24 monwealth of the Northern Mariana Islands, and 

25 the territories and possessions.’’. 


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1 (2) CONFORMING AMENDMENTS.—Such section 

2 is further amended— 

3 (A) in the matter preceding paragraph (1). 

4 by striking ‘‘In this title—’’ and inserting ‘‘The 

5 following rules of construction apply in this 

6 title:’’; 

7 (B) in paragraph (1)— 

8 (i) by inserting ‘‘The term’’ after 

9 ‘‘(1)’’; and 

10 (ii) by striking the semicolon at the 

11 end and inserting a period; 

12 (C) in paragraph (2)— 

13 (i) by inserting ‘‘The term’’ after 

14 ‘‘(2)’’; and 

15 (ii) by striking the semicolon at the 

16 end and inserting a period; 

17 (D) in paragraph (3)— 

18 (i) by inserting ‘‘The phrase’’ after 

19 ‘‘(3)’’; and 

20 (ii) by striking the semicolon at the 

21 end and inserting a period; and 

22 (E) in paragraph (4)— 

23 (i) by inserting ‘‘The term’’ after 

24 ‘‘(4)’’; and 


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1 (ii) by striking ‘‘; and’’ and inserting 

2 a period. 

3 (b) TITLE 32.—Paragraph (18) of section 101 of title 

4 32, United States Code, is amended to read as follows: 

5 ‘‘(18) Notwithstanding section 7 of title 1, an 

6 individual shall be considered a ‘spouse’ if the mar7 riage of the individual is valid in the State in which 

8 the marriage was entered into or, in the case of a 

9 marriage entered into outside any State, if the mar10 riage is valid in the place in which the marriage was 

11 entered into and the marriage could have been en12 tered into in a State. In this paragraph, the term 

13 ‘State’ means the several States, the District of Co14 lumbia, the Commonwealth of Puerto Rico, the Com15 monwealth of the Northern Mariana Islands, and 

16 the territories and possessions.’’. 

17 (c) TITLE 37.—Section 101 of title 37, United States 

18 Code, is amended by adding at the end the following new 

19 paragraph: 

20 ‘‘(27) Notwithstanding section 7 of title 1, an 

21 individual shall be considered a ‘spouse’ if the mar22 riage of the individual is valid in the State in which 

23 the marriage was entered into or, in the case of a 

24 marriage entered into outside any State, if the mar25 riage is valid in the place in which the marriage was 


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1 entered into and the marriage could have been en2 tered into in a State. In this paragraph, the term 

3 ‘State’ means the several States, the District of Co4 lumbia, the Commonwealth of Puerto Rico, the Com5 monwealth of the Northern Mariana Islands, and 

6 the territories and possessions.’’. 

7 (d) TITLE 38.—Section 101 of title 38, United States 

8 Code, is amended— 

9 (1) in paragraph (3), by striking ‘‘of the oppo10 site sex’’; and 

11 (2) by striking paragraph (31) and inserting 

12 the following new paragraph: 

13 ‘‘(31) Notwithstanding section 7 of title 1, an indi14 vidual shall be considered a ‘spouse’ if the marriage of 

15 the individual is valid in the State in which the marriage 

16 was entered into or, in the case of a marriage entered into 

17 outside any State, if the marriage is valid in the place 

18 in which the marriage was entered into and the marriage 

19 could have been entered into in a State. In this paragraph, 

20 the term ‘State’ has the meaning given that term in para21 graph (20), except that the term also includes the Com22 monwealth of the Northern Mariana Islands.’’. 

Æ 


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