Amend the Code for Marriage Equality Act of 2019

I 116TH CONGRESS 1ST SESSION H. R. 94 To replace references to ‘‘wives’’ and ‘‘husbands’’ in Federal law with references to ‘‘spouses’’, and for other purposes. IN THE HOUSE OF REPRESENTATIVES JANUARY 3, 2019 Ms. BROWNLEY of California introduced the following bill; which was referred to the Committee on the Judiciary A BILL To replace references to ‘‘wives’’ and ‘‘husbands’’ in Federal law with references to ‘‘spouses’’, and for other purposes. Be it enacted by the Senate and House of Representa- 1 tives of the United States of America in Congress assembled, 2 SECTION 1. SHORT TITLE. 3 This Act may be cited as the ‘‘Amend the Code for 4 Marriage Equality Act of 2019’’. 5 SEC. 2. AMENDMENTS. 6 (a) ACT OF AUGUST 16, 1941.—Section 2(b) of the 7 Act of August 16, 1941, entitled ‘‘An Act to provide com- 8 pensation for disability or death to persons employed at 9 military, air, and naval bases outside the United States.’’ 10 VerDate Sep 11 2014 01:56 Jan 12, 2019 Jkt 089200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6201 E:\BILLS\H94.IH H94 kjohnson on DSK79L0C42 with BILLS 2 •HR 94 IH (42 U.S.C. 1652(b)) is amended by striking ‘‘wife’’ each 1 place such term appears and inserting ‘‘spouse’’. 2 (b) ACT OF AUGUST 4, 1955.—Section 43(a) of the 3 Act of August 4, 1955, entitled ‘‘An Act to direct the Sec- 4 retary of Agriculture to release on behalf of the United 5 States conditions in two deeds conveying certain submar- 6 ginal lands to Clemson Agricultural College of South 7 Carolina so as to permit such college, subject to certain 8 conditions, to sell, lease, or otherwise dispose of such 9 lands.’’ (42 U.S.C. 2333(a)) is amended by striking ‘‘hus- 10 band and wife’’ and inserting ‘‘married couple’’. 11 (c) ACT OF DECEMBER 2, 1942.—Section 101(c) of 12 the Act of December 2, 1942, entitled ‘‘An Act to provide 13 compensation for the injury, disability, death, or enemy 14 detention of employees of contractors with the United 15 States, and for other purposes.’’ (42 U.S.C. 1701(c)) is 16 amended by striking ‘‘wife or husband’’ each place such 17 term appears and inserting ‘‘spouse’’. 18 (d) ACT OF FEBRUARY 28, 1891.—Section 5 of the 19 Act of February 28, 1891 (25 U.S.C. 371), is amended 20 by striking ‘‘husband and wife’’ and inserting ‘‘a married 21 couple’’. 22 (e) ACT OF SEPTEMBER 2, 1960.—The Act of Sep- 23 tember 2, 1960, entitled ‘‘An Act to provide for continued 24 delivery of water under the Federal reclamation laws to 25 VerDate Sep 11 2014 01:56 Jan 12, 2019 Jkt 089200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\H94.IH H94 kjohnson on DSK79L0C42 with BILLS 3 •HR 94 IH lands held by husband and wife upon the death of either’’ 1 (43 U.S.C. 423h) is amended— 2 (1) in the title, by striking ‘‘husband and wife 3 upon the death of either’’ and inserting ‘‘a married 4 couple upon the death of either spouse’’; and 5 (2) by striking ‘‘husband or wife’’ and inserting 6 ‘‘married person’’. 7 (f) CENTRAL INTELLIGENCE AGENCY ACT OF 8 1949.—The Central Intelligence Agency Act of 1949 (50 9 U.S.C. 3501 et seq.) is amended— 10 (1) in the heading of section 16(c), by striking 11 ‘‘Wives or Husbands’’ and inserting ‘‘Spouses’’; and 12 (2) in section 19(b)(4), by striking ‘‘widow or 13 widower, former spouse, and/or a child or children as 14 defined in section 204 and section 232 of the Cen- 15 tral Intelligence Agency Retirement Act of 1964 for 16 Certain Employees’’ and inserting ‘‘surviving spouse, 17 former spouse, or child as defined in section 102 of 18 the Central Intelligence Agency Retirement Act’’. 19 (g) CENTRAL INTELLIGENCE AGENCY RETIREMENT 20 ACT.—The Central Intelligence Agency Retirement Act 21 (50 U.S.C. 2001 et seq.) is amended— 22 (1) in section 221(d)(5), by striking ‘‘former 23 wife or husband of’’ and inserting ‘‘person who has 24 been, but is no longer, married to’’; 25 VerDate Sep 11 2014 01:56 Jan 12, 2019 Jkt 089200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\H94.IH H94 kjohnson on DSK79L0C42 with BILLS 4 •HR 94 IH (2) in section 232(c)(3), by striking ‘‘former 1 wife or husband of’’ and inserting ‘‘person who has 2 been, but is no longer, married to’’; 3 (3) in section 241— 4 (A) in subsection (b)— 5 (i) in paragraph (2), by inserting after 6 ‘‘former spouse’’ the following: ‘‘(as de- 7 fined under section 102)’’; 8 (ii) in paragraph (3)— 9 (I) in the heading, by striking 10 ‘‘wife or husband’’ and inserting 11 ‘‘spouse other than as defined under 12 section 102’’; and 13 (II) by striking ‘‘former wife or 14 husband of the former participant’’ 15 and inserting ‘‘person who has been, 16 but is no longer, married to the 17 former participant, but who is not a 18 former spouse as defined under suc- 19 tion 102’’; and 20 (iii) in paragraph (4)(A), by striking 21 ‘‘former wife or husband’’ and inserting 22 ‘‘person’’; 23 (B) in subsection (c)(2), by striking ‘‘sur- 24 viving wife or husband of such participant’’ and 25 VerDate Sep 11 2014 01:56 Jan 12, 2019 Jkt 089200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6201 E:\BILLS\H94.IH H94 kjohnson on DSK79L0C42 with BILLS 5 •HR 94 IH inserting ‘‘person who was married to such par- 1 ticipant at the participant’s death’’; and 2 (C) in paragraph (d)(2)— 3 (i) by striking ‘‘surviving former 4 spouse or surviving former wife or husband 5 of such participant’’ and inserting ‘‘per- 6 son’’; and 7 (ii) by striking ‘‘to such former spouse 8 or former wife or husband’’ and inserting 9 ‘‘under such paragraph’’; and 10 (4) in section 304(d)(2), by striking ‘‘widow or 11 widower’’ each place such term appears and insert- 12 ing ‘‘surviving spouse’’. 13 (h) ENERGY EMPLOYEES OCCUPATIONAL ILLNESS 14 COMPENSATION PROGRAM ACT OF 2000.—The Energy 15 Employees Occupational Illness Compensation Program 16 Act of 2000 (42 U.S.C. 7384 et seq.) is amended— 17 (1) in section 3628(e)(3)(A), by striking ‘‘wife 18 or husband of that individual’’ and inserting ‘‘per- 19 son’’; and 20 (2) in section 3630(e)(3)(A), by striking ‘‘wife 21 or husband of that individual’’ and inserting ‘‘per- 22 son’’. 23 (i) ETHICS IN GOVERNMENT ACT OF 1978.—Section 24 109(16) of the Ethics in Government Act of 1978 (5 25 VerDate Sep 11 2014 01:56 Jan 12, 2019 Jkt 089200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6201 E:\BILLS\H94.IH H94 kjohnson on DSK79L0C42 with BILLS 6 •HR 94 IH U.S.C. App. 109(16)) is amended by striking ‘‘husband, 1 wife’’ and inserting ‘‘spouse’’. 2 (j) FAMILY AND MEDICAL LEAVE ACT OF 1993.— 3 Section 102(f) of the Family and Medical Leave Act of 4 1993 (29 U.S.C. 2612(f)) is amended— 5 (1) in paragraph (1), by striking ‘‘husband and 6 wife’’ and inserting ‘‘married couple’’; and 7 (2) in paragraph (2)— 8 (A) in subparagraph (A), by striking ‘‘that 9 husband and wife’’ and inserting ‘‘such 10 spouses’’; and 11 (B) in subparagraph (B), by striking ‘‘hus- 12 band and wife’’ and inserting ‘‘married couple’’. 13 (k) FEDERAL ELECTION CAMPAIGN ACT OF 1971.— 14 Section 313(c)(3)(B) of the Federal Election Campaign 15 Act of 1971 (52 U.S.C. 30114(c)(3)(B)) is amended by 16 striking ‘‘husband, wife’’ and inserting ‘‘spouse’’. 17 (l) FEDERAL MINE SAFETY AND HEALTH ACT OF 18 1977.—The Federal Mine Safety and Health Act of 1977 19 (30 U.S.C. 801 et seq.) is amended— 20 (1) in section 402— 21 (A) in subsection (a)(2)— 22 (i) by striking ‘‘wife who is a member 23 of the same household of the miner’’ and 24 VerDate Sep 11 2014 01:56 Jan 12, 2019 Jkt 089200 PO 00000 Frm 00006 Fmt 6652 Sfmt 6201 E:\BILLS\H94.IH H94 kjohnson on DSK79L0C42 with BILLS 7 •HR 94 IH inserting ‘‘spouse who is a member of the 1 same household as the miner’’; 2 (ii) by striking ‘‘miner for her sup- 3 port’’ and inserting ‘‘miner for his or her 4 support’’; 5 (iii) by striking ‘‘whose husband is a 6 miner who has been ordered by a court to 7 contribute to her support’’ and inserting 8 ‘‘for whose support the miner has been or- 9 dered by a court to contribute’’; 10 (iv) by striking ‘‘216(b) (1) or (2)’’ 11 and inserting ‘‘216(b)(1) or (2)’’; 12 (v) by striking ‘‘status as the ‘wife’ of 13 a miner’’ and inserting ‘‘status as the 14 ‘spouse’ of a miner’’; 15 (vi) by striking ‘‘ ‘wife’ also includes a 16 ‘divorced wife’ as defined in section 17 216(d)(1)’’ and inserting ‘‘ ‘spouse’ also in- 18 cludes a ‘divorced spouse’ as defined in 19 section 216(d)(9)’’; 20 (vii) by striking ‘‘one-half of her sup- 21 port’’ and inserting ‘‘half of his or her sup- 22 port’’; and 23 (viii) by inserting ‘‘his or’’ before ‘‘her 24 support from such miner’’; and 25 VerDate Sep 11 2014 01:56 Jan 12, 2019 Jkt 089200 PO 00000 Frm 00007 Fmt 6652 Sfmt 6201 E:\BILLS\H94.IH H94 kjohnson on DSK79L0C42 with BILLS 8 •HR 94 IH (B) in subsection (e)— 1 (i) by striking ‘‘widow includes the 2 wife’’ and inserting ‘‘surviving spouse in- 3 cludes the spouse’’; 4 (ii) by striking ‘‘individual’s status as 5 the ‘widow’ ’’ and inserting ‘‘individual’s 6 status as the ‘surviving spouse’ ’’; 7 (iii) by striking ‘‘surviving divorced 8 wife’’ and inserting ‘‘surviving divorced 9 spouse’’; and 10 (iv) by inserting ‘‘his or’’ before ‘‘her’’ 11 each place such term appears; 12 (2) in section 411(c)(4)— 13 (A) by striking ‘‘widow’s,’’ and inserting 14 ‘‘surviving spouse’s,’’; and 15 (B) by striking ‘‘wife’s’’ and inserting 16 ‘‘spouse’s’’; and 17 (3) in section 413(b)— 18 (A) by striking ‘‘wife’s’’ and inserting 19 ‘‘surviving spouse’s’’; and 20 (B) by striking ‘‘widow,’’ and inserting 21 ‘‘surviving spouse,’’. 22 (m) FOREIGN SERVICE ACT OF 1980.—The Foreign 23 Service Act of 1980 (22 U.S.C. 3901 et seq.) is amend- 24 ed— 25 VerDate Sep 11 2014 01:56 Jan 12, 2019 Jkt 089200 PO 00000 Frm 00008 Fmt 6652 Sfmt 6201 E:\BILLS\H94.IH H94 kjohnson on DSK79L0C42 with BILLS 9 •HR 94 IH (1) in the item relating to the first section 830 1 in the table of contents, by striking ‘‘wives and hus- 2 bands’’ and inserting ‘‘spouses’’; 3 (2) in section 804— 4 (A) in paragraph (6), by striking ‘‘former 5 wife or husband of a participant or former par- 6 ticipant’’ and inserting ‘‘person’’; and 7 (B) in paragraph (13), by striking ‘‘sur- 8 viving wife or husband of a participant or annu- 9 itant who was married to the’’ and inserting 10 ‘‘person who was married to a’’; 11 (3) in section 815(f)(2), by striking ‘‘wife or 12 husband’’ and inserting ‘‘spouse’’; and 13 (4) in the first section 830 (relating to qualified 14 former wives and husbands)— 15 (A) in the heading of such section, by 16 striking ‘‘former wives and husbands’’ and in- 17 serting ‘‘spouses’’; 18 (B) in subsection (a), by striking ‘‘quali- 19 fied former wife or husband’’ and inserting 20 ‘‘qualified former spouse’’; and 21 (C) in subsection (c), by striking ‘‘former 22 wife or husband’’ each place such term occurs 23 and inserting ‘‘former spouse’’. 24 VerDate Sep 11 2014 01:56 Jan 12, 2019 Jkt 089200 PO 00000 Frm 00009 Fmt 6652 Sfmt 6201 E:\BILLS\H94.IH H94 kjohnson on DSK79L0C42 with BILLS 10 •HR 94 IH (n) IMMIGRATION AND NATIONALITY ACT.—The Im- 1 migration and Nationality Act (8 U.S.C. 1101 et seq.) is 2 amended— 3 (1) in section 101(a)(35) (8 U.S.C. 4 1101(a)(35))— 5 (A) by striking ‘‘, ‘wife’, or ‘husband’ ’’; 6 and 7 (B) by striking ‘‘, wife, or husband’’; 8 (2) in section 202(b) (8 U.S.C. 1152(b)), by 9 striking ‘‘husband and wife’’ and inserting 10 ‘‘spouses’’; 11 (3) in section 278 (8 U.S.C. 1328), by striking 12 ‘‘a husband or wife shall be admissible and com- 13 petent evidence against each other’’ and inserting 14 ‘‘an individual shall be admissible and competent 15 evidence against such individual’s spouse’’; and 16 (4) in section 283 (8 U.S.C. 1353), by striking 17 ‘‘wives’’ and inserting ‘‘spouses’’. 18 (o) INDIAN LAND CONSOLIDATION ACT.—Section 19 207(j)(3)(A)(ii) of the Indian Land Consolidation Act (25 20 U.S.C. 2206) is amended by striking ‘‘husband and wife’’ 21 and inserting ‘‘the participants as spouses’’. 22 (p) INTERNAL REVENUE CODE.—The Internal Rev- 23 enue Code of 1986 is amended— 24 VerDate Sep 11 2014 01:56 Jan 12, 2019 Jkt 089200 PO 00000 Frm 00010 Fmt 6652 Sfmt 6201 E:\BILLS\H94.IH H94 kjohnson on DSK79L0C42 with BILLS 11 •HR 94 IH (1) in the matter following section 21(d)(2)(B), 1 by striking ‘‘husband and wife’’ and inserting ‘‘mar- 2 ried couple’’; 3 (2) in section 22(e)(1), by striking ‘‘husband 4 and wife’’ and inserting ‘‘married couple’’; 5 (3) in section 38(c)(6)(A), by striking ‘‘husband 6 or wife’’ and inserting ‘‘spouse’’; 7 (4) in section 42(j)(5)(C)— 8 (A) in the heading of clause (i), by striking 9 ‘‘Husband and wife’’ and inserting ‘‘Married 10 couple’’; and 11 (B) in clause (i), by striking ‘‘a husband 12 and wife’’ and inserting ‘‘a married couple’’; 13 (5) in section 62(b)(3)(A), by striking ‘‘hus- 14 band and wife’’ and inserting ‘‘married couple’’; 15 (6) in section 121— 16 (A) in subsection (b)(2), by striking ‘‘hus- 17 band and wife’’ and inserting ‘‘married couple’’; 18 and 19 (B) in subsection (d)(1), by striking ‘‘hus- 20 band and wife make’’ and inserting ‘‘married 21 couple makes’’; 22 (7) in section 165(h)(4)(B), by striking ‘‘hus- 23 band and wife’’ and inserting ‘‘married couple’’; 24 VerDate Sep 11 2014 01:56 Jan 12, 2019 Jkt 089200 PO 00000 Frm 00011 Fmt 6652 Sfmt 6201 E:\BILLS\H94.IH H94 kjohnson on DSK79L0C42 with BILLS 12 •HR 94 IH (8) in section 179(b)(4), by striking ‘‘husband 1 and wife’’ and inserting ‘‘married couple’’; 2 (9) in section 213(d)(8), by striking ‘‘husband 3 and wife’’ and inserting ‘‘a married couple’’; 4 (10) in section 219(g)(4), by striking ‘‘A hus- 5 band and wife’’ and inserting ‘‘Spouses’’; 6 (11) in section 274(b)(2)(B), by striking ‘‘hus- 7 band and wife’’ and inserting ‘‘married couple’’; 8 (12) in the matter following section 643(f)(2), 9 by striking ‘‘husband and wife’’ and inserting ‘‘mar- 10 ried couple’’; 11 (13) in section 682— 12 (A) in subsection (a)— 13 (i) in the heading, by striking ‘‘wife’’ 14 and inserting ‘‘recipient’’; 15 (ii) by striking ‘‘gross income of a 16 wife’’ and inserting ‘‘gross income of an in- 17 dividual’’; 18 (iii) by striking ‘‘separated from her 19 husband’’ and inserting ‘‘separated from 20 his or her spouse’’; 21 (iv) by striking ‘‘such wife is entitled 22 to receive’’ and inserting ‘‘such person is 23 entitled to receive’’; 24 VerDate Sep 11 2014 01:56 Jan 12, 2019 Jkt 089200 PO 00000 Frm 00012 Fmt 6652 Sfmt 6201 E:\BILLS\H94.IH H94 kjohnson on DSK79L0C42 with BILLS 13 •HR 94 IH (v) by striking ‘‘gross income of her 1 husband’’ and inserting ‘‘gross income of 2 his or her spouse’’; 3 (vi) by striking ‘‘gross income of such 4 husband’’ and inserting ‘‘gross income of 5 such spouse’’; and 6 (vii) by striking ‘‘minor children of 7 such husband’’ and inserting ‘‘minor chil- 8 dren of such spouse’’; and 9 (B) in subsection (b)— 10 (i) [Text truncated for display. 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