II 

113TH CONGRESS 

1ST SESSION S. 373 

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 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 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 ‘‘Charlie Morgan Mili5 tary Spouses Equal Treatment Act of 2013’’. 


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1 SEC. 2. DEFINITION OF SPOUSE FOR PURPOSES OF MILI2 TARY PERSONNEL POLICIES AND MILITARY 

3 AND VETERAN BENEFITS TO REFLECT NEW 

4 STATE DEFINITIONS OF SPOUSE. 

5 (a) TITLE 10.— 

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

7 101(f) of title 10, United States Code, is amended 

8 to read as follows: 

9 ‘‘(5) Notwithstanding section 7 of title 1, an in10 dividual shall be considered a ‘spouse’ if the mar11 riage of the individual is valid in the State in which 

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

13 marriage entered into outside any State, if the mar14 riage is valid in the place in which the marriage was 

15 entered into and the marriage could have been en16 tered into in a State. In this paragraph, the term 

17 ‘State’ means the several States, the District of Co18 lumbia, the Commonwealth of Puerto Rico, the Com19 monwealth of the Northern Mariana Islands, and 

20 the territories and possessions.’’. 

21 (2) CONFORMING AMENDMENTS.—Such section 

22 is further amended— 

23 (A) in the matter preceding paragraph (1), 

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

25 following rules of construction apply in this 

26 title:’’; 


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1 (B) in paragraph (1)— 

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

3 ‘‘(1)’’; and 

4 (ii) by striking the semicolon at the 

5 end and inserting a period; 

6 (C) in paragraph (2)— 

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

8 ‘‘(2)’’; and 

9 (ii) by striking the semicolon at the 

10 end and inserting a period; 

11 (D) in paragraph (3)— 

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

13 ‘‘(3)’’; and 

14 (ii) by striking the semicolon at the 

15 end and inserting a period; and 

16 (E) in paragraph (4)— 

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

18 ‘‘(4)’’; and 

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

20 a period. 

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

22 32, United States Code, is amended to read as follows: 

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

24 individual shall be considered a ‘spouse’ if the mar25 riage of the individual is valid in the State in which 


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

2 marriage entered into outside any State, if the mar3 riage is valid in the place in which the marriage was 

4 entered into and the marriage could have been en5 tered into in a State. In this paragraph, the term 

6 ‘State’ means the several States, the District of Co7 lumbia, the Commonwealth of Puerto Rico, the Com8 monwealth of the Northern Mariana Islands, and 

9 the territories and possessions.’’. 

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

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

12 paragraph: 

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

14 individual shall be considered a ‘spouse’ if the mar15 riage of the individual is valid in the State in which 

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

17 marriage entered into outside any State, if the mar18 riage is valid in the place in which the marriage was 

19 entered into and the marriage could have been en20 tered into in a State. In this paragraph, the term 

21 ‘State’ means the several States, the District of Co22 lumbia, the Commonwealth of Puerto Rico, the Com23 monwealth of the Northern Mariana Islands, and 

24 the territories and possessions.’’. 


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

2 Code, is amended— 

3 (1) in paragraph (3), by striking ‘‘of the oppo4 site sex’’; and 

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

6 the following new paragraph: 

7 ‘‘(31) Notwithstanding section 7 of title 1, an indi8 vidual shall be considered a ‘spouse’ if the marriage of 

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

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

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

12 in which the marriage was entered into and the marriage 

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

14 the term ‘State’ has the meaning given that term in para15 graph (20), except that the term also includes the Com16 monwealth of the Northern Mariana Islands.’’. 

Æ 


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