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GAO REPORT Update to Prior Report
- See Original Report
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January 23, 2004:
The Honorable Bill Frist:
Majority Leader:
United States Senate:
Subject: Defense of Marriage Act: Update to Prior Report:
Dear Senator Frist:
The Defense of Marriage Act (DOMA) provides definitions of "marriage"
and "spouse" that are to be used in construing the meaning of a federal
law and, thus, affect the interpretation of a wide variety of federal
laws in which marital status is a factor.[Footnote 1] In 1997, we
issued a report identifying 1,049 federal statutory provisions
classified to the United States Code in which benefits, rights, and
privileges are contingent on marital status or in which marital status
is a factor.[Footnote 2] In preparing the 1997 report, we limited our
search to laws enacted prior to September 21, 1996, the date DOMA was
signed into law. Recently, you asked us to update our 1997 compilation.
We have identified 120 statutory provisions involving marital status
that were enacted between September 21, 1996, and December 31, 2003.
During the same period, 31 statutory provisions involving marital
status were repealed or amended in such a way as to eliminate marital
status as a factor. Consequently, as of December 31, 2003, our research
identified a total of 1,138 federal statutory provisions classified to
the United States Code in which marital status is a factor in
determining or receiving benefits, rights, and privileges.
To prepare the updated list, we used the same research methods and
legal databases that we employed in 1997. Accordingly, the same caveats
concerning the completeness of our collection of laws apply to this
updated compilation, as explained more fully in our prior report. For
example, because of the inherent limitations of any global electronic
search and
the many ways in which the laws of the United States Code may deal with
marital status, we cannot guarantee that we have captured every
individual law in the United States Code in which marital status
figures. However, we believe that the probability is high that the
updated list identifies federal programs in the United States Code in
which marital status is a factor.
We have organized our research using the same 13 subject categories as
the 1997 report. As agreed with your staff, in addition to providing
you with a primary table of new statutory provisions involving marital
status, we have prepared a second table identifying those provisions in
our prior report that subsequently have been repealed or amended in a
manner that eliminates marital status as a factor. Finally, in a third
table, we have listed those provisions identified in our 1997 report
that have since been relocated to a different section of the United
States Code. We have also attached a brief summary of the 13 research
categories; a full description of each category is set forth in the
1997 report.
We plan no further distribution of this report until 30 days after the
date of this letter. At that time, we will send copies of this letter
to interested congressional committees. The letter will also be
available on GAO's home page at http://www.gao.gov.
If you have any questions, please contact me at (202) 512-8208 or by E-
mail at shahd@gao.gov. Behn Miller Kelly and Richard Burkard made key
contributions to this project.
Sincerely yours,
Signed by:
Dayna K. Shah:
Associate General Counsel:
[End of section]
Appendix 1: Table of Statutory Provisions Involving Marital Status
Added to the United States Code Between September 21, 1996, and
December 31, 2003, by Category:
CATEGORY 1--SOCIAL SECURITY AND RELATED PROGRAMS, HOUSING, AND FOOD
STAMPS:
Title 42 - The Public Health and Welfare:
Chapter 6A--Public Health Service; Subchapter II; Part D--Primary
Health Care; Subpart I--Health Centers:
§ 254d; National Health Service Corps.
Subchapter IV--Grants to States for Aid and Services to Needy Families
with Children and for Child-Welfare Services.
Part B--Child and Family Services; Subpart 2--Promoting Safe and
Stable Families:
§ 629a; Definitions.
Subchapter XI--General Provisions, Peer Review, and Administrative
Simplification; Part A--General Provisions:
§ 1320a-7; Exclusion of certain individuals and entities from
participation in Medicare and state health care programs;
§ 1320b-17; Recovery of SSI overpayments from other benefits.
Part C--Medicare + Choice Program:
§ 1395w-22; Benefits and beneficiary protections;
§ 1395w-23; Payments to Medicare + Choice organizations;
§ 1395w-27; Contracts with Medicare + Choice organizations.
Part D--Miscellaneous Provisions:
§ 1395x; Definitions:
§ 1395ff; Determinations; appeals.
Chapter 35--Programs for Older Americans; Subchapter III--Grants for
States and Community Programs on Aging; Part C--Nutrition Services;
Subpart III--General Provisions:
§ 3030g-21; General provisions—nutrition;
§ 3030s; Definitions.
Chapter 46--Justice System Improvement; Subchapter XII--F--Public
Safety Officers' Death Benefits; Part A--Death Benefits:
§ 3796d; Purposes;
§ 3796d-1; Basic eligibility.
Subchapter XII--H--Grants to Combat Violent Crimes against Women:
§ 3796gg-1; State grants.
Chapter 84--Department of Energy; Part A--Establishment of
Compensation Program and Compensation Fund; Subchapter XVI--Energy
Employees Occupational Illness Compensation Program:
§ 7384s; Compensation and benefits to be provided;
§ 7384u; Separate treatment of certain uranium employees.
Part C--Treatment, Coordination, and Forfeiture of Compensation and
Benefits:
§ 7385c; Exclusivity of remedy against the United States and against
contractors and; subcontractors.
Chapter 110--Family Violence Prevention and Services:
§ 10410; Grants for state domestic violence coalitions;
§ 10421; Definitions.
Chapter 129--National and Community Service; Subchapter I--National
and Community Service State Grant Program; Division F--Administrative
Provisions:
§ 12639; Evaluation.
Chapter 130--National Affordable Housing; Subchapter I--General
Provisions and Policies:
§ 12704; Definitions;
§12713; Eligibility under first-time home-buyer programs.
Chapter 136--Violent Crime Control and Law Enforcement; Subchapter
III- -Violence against Women; Part C--Civil Rights for Women:
§ 13981; Civil rights;
§ 13992; Training provided by grants.
Chapter 143--Intercountry Adoptions; Subchapter V--General Provisions:
§ 14952; Special rules for certain cases.
[End of table]
CATEGORY 2--VETERANS' BENEFITS:
Title 38--Veterans' Benefits:
Part II--General Benefits; Chapter 17--Hospital, Nursing Home,
Domiciliary, and Medical Care; Subchapter II--Hospital, Nursing Home,
Or Domiciliary Care and Medical Treatment:
§ 1710B; Extended care services.
Subchapter VIII--Health Care of Persons other than Veterans:
§ 1781; Medical care for survivors and dependents of certain veterans.
Chapter 18--Benefits for Children of Vietnam Veterans; Subchapter III-
-General Provisions:
§ 1821; Definitions.
Chapter 19--Insurance; Subchapter III--Servicemembers' Group Life
Insurance:
§ 1967; Person insured; amount;
§ 1969; Deductions; payment; investment; expenses.
Chapter 23--Burial Benefits:
§ 2306; Headstones, markers, and burial receptacles.
Part III--Readjustment and Related Benefits; Chapter 30--All-Volunteer
Force Educational Assistance Program; Subchapter II--Basic Educational
Assistance:
§ 3020; Transfer of entitlement to basic educational assistance:
members of the Armed Forces with critical military skills.
Chapter 42--Employment and Reemployment Rights of Members of the
Uniformed Services:
§ 4215; Priority of service for veterans in Department of Labor job
training programs.
Part IV--General Administrative Provisions; Chapter 53--Special
Provisions Relating to Benefits:
§ 5302; Waiver of recovery of claims by the United States;
§ 5313B; Prohibition on providing certain benefits with respect to
persons who are fugitive felons.
Part V--Boards, Administrations, and Services; Chapter 77--Veterans
Benefits Administration; Subchapter II--Veterans Outreach Services
Program:
§ 7721; Purpose; definitions.
[End of table]
CATEGORY 3--TAXATION:
Title 26--Internal Revenue Code.
Subtitle A--Income Taxes; Chapter 1--Normal Taxes and Surtaxes;
Subchapter A--Determination of Tax Liability; Part IV--Credits Against
Tax; Subpart A--Nonrefundable Personal Credits:
§ 24; Child tax credit:
§25A; Hope and lifetime learning credits:
§ 25B; Tax imposed on individuals.
Subchapter B--Computation of Taxable Income; Part III--Items
Specifically Excluded from Gross Income:
§ 101; Certain death benefits.
Part VII--Additional Itemized Deductions for Individuals:
§ 138; Medicare + Choice MSA:
§ 221; Interest on education loans.
Subchapter D--Deferred Compensation, Etc.; Part I--Pension, Profit-
Sharing, Stock Bonus Plans, Etc.; Subpart A--General Rule:
§ 408A; Roth IRAs.
Subchapter F--Exempt Organizations; Part VIII--Higher Education
Savings Entities:
§ 529; Qualified tuition programs:
§ 530; Coverdell education savings accounts.
Subchapter K--Partners and Partnerships; Part IV--Special Rules for
Electing Large Partnerships:
§ 774; Other modifications;
§ 775; Electing large partnership defined.
Subchapter O--Gain or Loss on Disposition of Property; Part II--Basis
Rules of General Application:
§ 1022; Treatment of property acquired by decedent dying after
December 31, 2009.
Subchapter W--District of Columbia Enterprise Zone:
§ 1400C; First-time home-buyer credit for District of Columbia.
Subtitle B--Estate and Gift Taxes; Chapter 11--Estate Tax; Subchapter
A--Estates Of Citizens Or Residents; Part IV--Taxable Estate:
§ 2057; Family-owned business interests.
Subchapter C--Miscellaneous:
§ 2210; Termination.
Chapter 12--Gift Tax; Subchapter B--Transfers:
§ 2511; Transfers in general.
Chapter 13--Tax on Generation-Skipping Transfers; Subchapter D--GST
Exemption:
§ 2632; Special rules for allocation of GST exemption.
Subtitle F--Procedure and Administration; Chapter 61--Information and
Returns; Subchapter A--Returns and Records; Part II--Tax Returns or
Statements; Subpart B--Income Tax Returns:
§ 6015; Relief from joint and several liability on joint return.
Part III--Information Returns; Subpart B--Information Concerning
Transactions with Other Persons:
§ 6045; Returns of brokers.
Chapter 62--Time and Place for Paying Tax; Subchapter A--Place and Due
Date for Payment of Tax:
§ 6159; Agreements for payment of tax liability in installments.
Chapter 63--Assessment; Subchapter C--Tax Treatment of Partnership
Items:
§ 6230; Additional administrative provisions.
Chapter 66--Limitations; Subchapter B--Limitations on Credit or
Refund:
§ 6511; Limitations on credit or refund.
[End of table]
CATEGORY 4--FEDERAL CIVILIAN AND MILITARY SERVICE BENEFITS:
Title 5--Government Organization and Employees.
Part III--Employees; Subpart A--General Provisions; Chapter 23--Merit
system principles:
§ 2301; Merit system principles:
§ 2302; Prohibited personnel practices.
Subpart B--Employment and Retention; Chapter 33--Examination,
Selection, and Placement; Subchapter I--Examination, Certification and
Appointment:
§ 3301; Civil service; generally.
Subpart D--Pay and Allowances; Chapter 57--Travel, Transportation, And
Subsistence; Subchapter II--Travel And Transportation Expenses; New
Appointees, Student Trainees, And Transferred Employees:
§ 5737; Relocation expenses of an employee who is performing an
extended assignment.
Chapter 59--Allowances; Subchapter III--Overseas Differentials And
Allowances:
§ 5922; General provisions.
Subpart G--Insurance and Annuities; Chapter 90--Long-term Care
Insurance:
§ 9001; Definitions;
§ 9002; Availability of insurance;
§ 9003; Contracting authority.
Title 6--Domestic Security.
Chapter 1--Homeland Security Organization:
§ 331; Treatment of charitable trusts for members of the armed
services and other governmental organizations.
Title 10--Armed Forces.
Subtitle A--General Military Law; Part I--Organization and General
Military Powers; Chapter 2--Department of Defense:
§ 118a; Quadrennial quality of life review.
Part II--Personnel; Chapter 55--Medical and Dental Care:
§ 1108; Health care coverage through federal employees' health
benefits program: demonstration project.
Chapter 73--Annuities based on Retired or Retainer Pay; Subchapter II-
-Survivor Benefit Plan:
§ 1448a; Election to discontinue participation: one-year opportunity
after second anniversary of commencement of payment of retired pay.
Chapter 88--Military Family Care Programs and Military Child Care;
Subchapter II--Military Child Care:
§ 1798; Child care services and youth program services for dependents:
financial assistance for providers.
Title 37--Pay and Allowances of The Uniformed Services.
Chapter 7--Allowances:
§ 403; Basic allowance for housing;
§ 407; Travel and transportation allowances: dislocation allowance;
§ 411f; Travel and transportation allowances: transportation for
survivors of deceased member to attend the member's burial
ceremonies;
§ 427; Family separation allowance.
[End of table]
CATEGORY 5--EMPLOYMENT BENEFITS AND RELATED STATUTORY PROVISIONS:
Title 29--Labor.
Chapter 30--Workforce Investment Systems; Subchapter I--Workforce
Investment Definitions:
§ 2801; Definitions.
Subchapter IV--National Programs:
§ 2918; National emergency grants.
Title 30--Mineral Lands and Mining.
Chapter 25--Surface Mining Control and Reclamation; Subchapter VII--
Administrative and Miscellaneous Provisions:
§ 1304; Surface owner protection.
Title 42--The Public Health and Welfare.
Chapter 46--Justice System Improvement; Subchapter XII--Public Safety
Officers' Death Benefits; Part B--Educational Assistance to Dependents
of Civilian Federal Law Enforcement Officers Killed or Disabled in the
Line of Duty:
§ 3796d; Purposes;
§ 3796d-1; Basic eligibility.
Chapter 84--Department of Energy; Subchapter XVI--Energy Employees
Occupational Illness Compensation Program:
§ 7384s; Compensation and benefits to be provided;
§ 7384u; Separate treatment of certain uranium employees;
§ 7385c; Exclusivity of remedy against the United States and against
contractors and subcontractors.
[End of table]
CATEGORY 6--IMMIGRATION, NATURALIZATION, AND ALIENS:
Title 8--Aliens and Nationality.
Chapter 12--Immigration and Nationality; Subchapter II--Immigration;
Part II--Admission Qualifications fFor Aliens; Travel Control of
Citizens And Aliens:
§ 1183a; Requirements for sponsor's affidavit of support.
Part IV--Inspection, Apprehension, Examination, Exclusion, and
Removal:
§ 1227; General classes of deportable aliens;
§ 1229a; Removal proceedings;
§ 1229b; Cancellation of removal; adjustment of status;
§ 1229c; Voluntary departure.
Part IX--Miscellaneous:
§ 1367; Penalties for disclosure of information;
§ 1375; Mail-order bride business.
Chapter 14--Restricting Welfare and Public Benefits for Aliens;
Subchapter IV--General Provisions:
§ 1641; Definitions.
Chapter 15--Enhanced Border Security and Visa Entry Reform; Subchapter
V--Foreign Students and Exchange Visitors:
§ 1761; Foreign student monitoring program.
Title 19--Customs Duties.
Chapter 24--Bipartisan Trade Promotion:
§ 3805note; United States--Chile Free Trade Agreement Implementation
Act.
[End of table]
CATEGORY 7--INDIANS:
Title 25--Indians.
Chapter 18--Indian Health Care.
Subchapter II--Health Services:
§ 1621h: Mental health services.
Chapter 24--Indian Land Consolidation:
§ 2206; Descent and distribution:
§ 2216; Trust and restricted land transactions.
Chapter 43--Native American Housing Assistance and Self-Determination:
§ 4103; Definitions.
Subchapter VIII--Housing Assistance for Native Hawaiians:
§ 4221; Definitions.
[End of table]
CATEGORY 8--TRADE, COMMERCE, AND INTELLECTUAL PROPERTY:
Title 12--Banks and Banking.
Chapter 13--National Housing:
§ 1701q; Supportive housing for the elderly.
Subchapter II--Mortgage Insurance:
§ 1707; Definitions;
§ 1713; Rental housing insurance:
§ 1715e; Cooperative housing insurance.
Chapter 17--Bank Holding Companies:
§ 1841; Definitions.
Chapter 31--National Consumer Cooperative Bank; Subchapter I--
Establishment and Operation:
§ 3015; Eligibility of cooperatives.
Chapter 32--Foreign Bank Participation in Domestic Markets:
§ 3106a; Compliance with state and federal laws.
Title 15--Commerce and Trade.
Chapter 14A--Aid to Small Business:
§ 632; Small business concern.
Chapter 14B--Small Business Investment Program; Subchapter V--Loans to
State and Local Development Companies:
§ 696; Loans for plant acquisition, construction, conversion, and
expansion.
Chapter 41--Consumer Credit Protection; Subchapter IV--Equal Credit
Opportunity:
§ 1691; Scope of prohibition.
[End of table]
CATEGORY 9--FINANCIAL DISCLOSURE AND CONFLICT OF INTEREST:
Title 7--Agriculture.
Chapter 50--Agricultural Credit; Subchapter VI--Delta Regional
Authority:
§ 2009aa-1; Delta Regional Authority.
Subchapter VII--Northern Great Plains Regional Authority:
§ 2009bb-1; Northern Great Plains Regional Authority.
Subchapter IX--Rural Strategic Investment Program:
§ 2009dd-3; National Board on rural America.
[End of table]
CATEGORY 10--CRIMES AND FAMILY VIOLENCE:
Title 18--Crimes and Criminal Procedure.
Part I--Crimes; Chapter 46--Forfeiture:
§ 983; General rules for civil forfeiture proceedings.
Chapter 110A--Domestic Violence:
§ 2261A; Interstate stalking.
Title 20.
Chapter 28--Higher Education Resources and Student Assistance;
Subchapter VIII--Miscellaneous:
§ 1152; Grants to combat violent crimes against women on campuses.
Title 28--Judiciary and Judicial Procedure.
Part V--Procedure; Chapter 115--Evidence; Documentary:
§ 1738C; Certain acts, records, and proceedings and the effect
thereof.
Title 42--The Public Health And Welfare.
Chapter 135--Violent Crime Control and Law Enforcement; Subchapter
III- -Violence against Women; Subpart 3--Rural Domestic Violence and
Child Abuse Enforcement; Part C--Civil Rights for Women:
§ 13981; Civil rights.
Part D--Equal Justice for Women in the Courts Act; Subpart 1--
Education and Training for Judges and Court Personnel in State
Courts:
§ 13992; Training provided by grants.
[End of table]
CATEGORY 11--LOANS, GUARANTEES, AND PAYMENTS IN AGRICULTURE:
No new provisions in this category of statutes.
[End of table]
CATEGORY 12--FEDERAL NATURAL RESOURCES AND RELATED STATUTORY
PROVISIONS:
No new provisions in this category of statutes.
[End of table]
CATEGORY 13--MISCELLANEOUS STATUTORY PROVISIONS:
Title 20--Education.
Chapter 70--Strengthening and Improvement of Elementary and Secondary
Schools; Subchapter II--Preparing, Training, and Recruiting High
Quality Teachers and Principals; Part C--Innovation for Teacher
Quality; Subpart 1--Transition to Teaching:
§ 6674; Participation agreement and financial assistance.
Subchapter VII--Bilingual Education, Language Enhancement, and
Language Acquisition Programs; Part B--Native Hawaiian Education:
§ 7512; Findings.
Title 22--Foreign Relations and Intercourse.
Chapter 75--Chemical Weapons Convention Implementation; Subchapter I--
General Provisions:
§ 6713; Civil liability of the United States.
[End of table]
APPENDIX 2:
APPENDIX 2: Tables of Statutory Provisions Identified in 1997 Report
as Involving Marital Status That Have Been Repealed or Amended to
Remove Reference to Marital Status:
Category 1--Social Security and Related Programs, Housing, and Food
Stamps:
Subject: Regulations pertaining to garnishments;
1997 Statutory Citation: 42 U.S.C. §§661-662;
Status: Repealed by Pub. L. No. 104-193; § 362(b)(1), effective
February 22, 1997, 110 Stat. 2246.
[End of table]
Category 3--Taxation:
Subject: Collapsible corporations;
1997 Statutory Citation: 26 U.S.C. § 341;
Status: Repealed by Pub. L. No. 108- 27; § 302(e), May 28, 2003, 117
Stat. 763.
Subject: Rollover of gain on sale of principal residence;
1997 Statutory Citation: 26 U.S.C. § 1034;
Status: Repealed by Pub. L. No. 105-34; § 312(b), Aug. 5, 1997, 111
Stat. 839.
Subject: Tax on excess distribution from qualified retirement plans;
1997 Statutory Citation: 26 U.S.C. § 4980A;
Status: Repealed by Pub. L. No. 105-34; § 1073(a), Aug. 7, 1997, 111
Stat. 948.
[End of table]
Category 4--Federal Civilian and Military Service Benefits:
Subject: Employment of retired members of the uniformed services;
reduction in retired or retainer pay;
1997 Statutory Citation: 5 U.S.C. § 5532;
Status: Repealed by Pub. L. No. 106- 65; § 651(a)(1), Oct. 1, 1999,
113 Stat. 664.
Subject: Assistance to separated members to obtain certification and
employment as teachers or employment as teachers' aides;
1997 Statutory Citation: 10 U.S.C. § 1151;
Status: Repealed by Pub. L. No. 106-655; § 1707(a)(1), Oct. 5, 1999,
113 Stat. 823.
Subject: Military child care employees;
1997 Statutory Citation: 10 U.S.C. § 1792;
Status: Amended by Pub. L. No. 105-261; § 1106, Oct. 17, 1998, 112
Stat. 2142;
reference to marital status removed.
Subject: Job training partnership, application of federal law;
1997 Statutory Citation: 29 U.S.C. § 1706;
Status: Repealed by Pub. L. No. 105-220; § 199(b) (2), effective July
1, 2000, 112 Stat. 1059.
Subject: Rights, benefits, privileges, and immunities;
exercise of authority of Secretary of Commerce or designee (National
Ocean Survey employees);
1997 Statutory Citation: 33 U.S.C. § 857a;
Status: Repealed by Pub. L. No. 107-372; § 271(2), Dec. 19, 2002, 116
Stat. 3094 and replaced with similar provisions that omit any
reference to marital status. See 33 U.S.C. 3071 (National Oceanic and
Atmospheric Administration Commissioned Officer Corps - Rights and
benefits).
[End of table]
Category 5--Employment Benefits and Related Statutory Provisions:
Subject: Youth training program for the disadvantaged;
1997 Statutory Citation: 29 U.S.C. § 1644;
Status: Repealed by Pub. L. No. 105-220; § 199(b)(2), effective July
1, 2000, 112 Stat. 1059.
Subject: Job Corps--Allowances and support;
1997 Statutory Citation: 29 U.S.C. § 1699;
Status: Repealed by Pub. L. No. 105-220; § 199(b)(2), effective July
1, 2000, 112 Stat. 1059.
Subject: Labor market information;
1997 Statutory Citation: 29 U.S.C. § 1752;
Status: Repealed by Pub. L. No. 105-220; § 199(b)(2), effective July
1, 2000, 112 Stat. 1059.
[End of table]
Category 6--Immigration, Naturalization, and Aliens:
Subject: Suspension of deportation of aliens;
1997 Statutory Citation: 8 U.S.C. § 1251;
Status: Repealed by Pub. L. No. 104-208; § 308(b)(7), Sep. 30, 1996,
110 Stat. 3009-615.
[End of table]
Category 9--Financial Disclosure and Conflict of Interest:
Subject: Alternative Agricultural Research and Commercialization
Corporation-- Board of Directors, Employees, and Facilities;
1997 Statutory Citation: 7 U.S.C. § 5903;
Status: Repealed by Pub. L. No. 107-171; § 6201(a), May 13, 2002, 116
Stat. 418.
[End of table]
Category 10--Crimes and Family Violence:
Subject: Interstate violation of a protection order;
1997 Statutory Citation: 18 U.S.C. § 2262;
Status: Amended by Pub. L. 106-386, § 1107, Oct. 28, 2000, 114 Stat.
1464;
reference to marital status removed.
Subject: Narcotic addict rehabilitation--definitions;
1997 Statutory Citation: 42 U.S.C. § 3411;
Status: Repealed by Pub. L. No. 106-310; § 3405(b), Oct. 17, 2000, 114
Stat. 1221.
Subject: Model state leadership grants for domestic violence
intervention;
1997 Statutory Citation: 42 U.S.C. § 10415;
Status: Repealed by Pub. L. No. 108-36, § 410, June 25, 2003, 117
Stat. 827.
[End of table]
Category 11--Loans, Guarantees, and Payments in Agriculture:
Subject: Paul Douglas Teaching Scholarships--exceptions to repayment
provisions;
1997 Statutory Citation: 20 U.S.C. § 1104g;
Status: Amended by Pub. L. No. 105-244, § 501, October 7, 1998, 112
Stat. 1581;
reference to marital status removed.
Subject: Faculty Development Fellowship Program--exceptions to
repayment provisions;
1997 Statutory Citation: 20 U.S.C. § 1134r-5;
Status: Repealed by Pub. L. No. 105-244, § 701, October 7, 1998,
112 Stat. 1581.
[End of table]
Category 13--Miscellaneous Statutory Provisions:
Subject: Vocational education state plans;
1997 Statutory Citation: 20 U.S.C. § 2323;
Status: Amended by Pub. L. No. 105-332, § 1(b), October 31, 1998,
112 Stat. 3076;
reference to marital status removed.
Subject: Vocational education definitions;
1997 Statutory Citation: 20 U.S.C. § 2471;
Status: Amended by Pub. L. No. 105-332, § 1(b), October 31, 1998,
112 Stat. 3076;
reference to marital status removed.
Subject: Agricultural Hall of Fame;
1997 Statutory Citation: 16 U.S.C. § 977;
Status: Amended by Pub. L. No. 105- 354, § 1, Aug. 12, 1998, 112 Stat.
3238;
reference to marital status removed.
Subject: Audits of Federally Chartered Corporations;
1997 Statutory Citation: 16 U.S.C. § 1101;
Status: Amended by Pub. L. No. 105-225, § 1, Aug. 12, 1998, 112 Stat.
1253; reference to marital status removed.
Subject: Gold Star Wives of America;
1997 Statutory Citation: 16 U.S.C. § 1602;
Status: Amended by Pub. L. No. 105-225, § 1, Aug. 12, 1998, 112 Stat.
1253; replaced provision's reference to "gold wives" with
"corporation". (The name of the organization continues to be the Gold
Star Wives of America.).
Subject: Navy Wives Clubs of America;
1997 Statutory Citation: 16 U.S.C. § 2802;
Status: Amended by Pub. L. No. 105-225, § 1, Aug. 12, 1998, 112 Stat.
1436;
replaced provision's reference to "Navy Wives" with "corporation".
(The name of the organization continues to be the Navy Wives Clubs of
America.).
Subject: Aviation Hall of Fame;
1997 Statutory Citation: 16 U.S.C. § 4307 and § 4309;
Status: Amended by Pub. L. No. 105-225, § 1, Aug. 12, 1998, 112 Stat.
1312. These provisions' references to "survivors" were deleted.
Subject: Membership of Martin Luther King, Jr., Federal Holiday
Commission;
1997 Statutory Citation: 16 U.S.C. § 169j-3;
Status: Repealed by Pub. L. No. 105-225, § 6, Aug. 12, 1998, 112 Stat.
1253.
Subject: Testing and other early intervention services for state
prisoners;
1997 Statutory Citation: 42 U.S.C. § 300ff-48;
Status: Repealed by Pub. L. No. 106-345; § 301(a), Oct. 20, 2000, 114
Stat. 1345.
Subject: Programs for older Americans--Demonstration projects;
1997 Statutory Citation: 42 U.S.C. § 3035a;
Status: Provision was omitted by Pub. L. No. 106-501, Nov. 13, 2001,
114 Stat. 2257.
[End of table]
APPENDIX 3:
Tables of Statutory Provisions Identified in 1997 Report as Involving
Marital Status That Have Been Relocated in the United States Code:
Category 1--Social Security and Related Programs, Housing, and Food
Stamps:
Subject: Alien's eligibility for benefits;
1997 Statutory Citation: 42 U.S.C. § 615;
Status: Relocated to 42 U.S.C. § 608(f).
[End of table]
Category 2--Veterans' Benefits:
Subject: Medical care for survivors and dependents of certain
veterans;
1997 Statutory Citation: 18 U.S.C. § 1713;
Status: Relocated to 38 U.S.C. § 1781.
[End of table]
Category 4--Federal Civilian and Military Service Benefits:
Subject: House of Representatives Child Care Center;
1997 Statutory Citation: 40 U.S.C. § 184g;
Status: Relocated to 2 U.S.C. § 2062.
Subject: National Oceanic and Atmospheric Administration commissary
privileges;
1997 Statutory Citation: 13 U.S.C. § 857-4;
Status: Relocated to 33 U.S.C. § 3074.
Subject: Gratuities for survivors of deceased House employees;
computation;
1997 Statutory Citation: 40 U.S.C. § 166b-4;
Status: Relocated to 2 U.S.C. § 125.
Subject: Senate employee child care benefits;
1997 Statutory Citation: 40 U.S.C. § 214d;
Status: Relocated to 2 U.S.C. § 2063.
[End of table]
Category 5--Employment Benefits and Related Statutory Provisions:
Subject: Job training partnership--definitions;
1997 Statutory Citation: 29 U.S.C. § 1503;
Status: Relocated to 29 U.S.C. § 2801.
[End of table]
Category 6--Immigration, Naturalization, and Aliens:
Subject: Deportable aliens;
8 U.S.C. § 1251;
Status: Relocated to 8 U.S.C. § 1227.
[End of table]
Category 7--Indians:
Subject: Indian land consolidation--Descent and distribution;
1997 Statutory Citation: 25 U.S.C. § 2205;
Status: Relocated to 25 U.S.C. § 2206.
[End of table]
Category 9--Financial Disclosure and Conflict of Interest:
Subject: Appalachian Regional Commission--personal financial
interests;
1997 Statutory Citation: 40 U.S.C. § 108;
Status: Relocated to 40 U.S.C. § 14309.
[End of table]
Category 10--Crimes and Family Violence:
Subject: Family violence prevention and Services--definitions;
1997 Statutory Citation: 40 U.S.C. § 10408;
Status: Relocated to 40 U.S.C. § 10421.
[End of table]
Category 13--Miscellaneous Statutory Provisions:
Subject: Marine Corps League;
1997 Statutory Citation: 16 U.S.C. § 57a;
Status: Relocated to chapter 2301; § 140102.
Subject: Veterans of Foreign Wars of the United States;
1997 Statutory Citation: 16 U.S.C. § 113;
Status: Relocated to chapter 2301; § 230102.
Subject: Legion of Valor of the United States of America;
1997 Statutory Citation: 16 U.S.C. § 633;
Status: Relocated to chapter 1303; § 130302.
Subject: Veterans of World War I of the United States of America;
1997 Statutory Citation: 16 U.S.C. § 763;
Status: Relocated to chapter 2303; § 230302.
Subject: The Congressional Medal of Honor Society of the United
States;
1997 Statutory Citation: 16 U.S.C. § 793 and § 799;
Status: Relocated to chapter 405; § 40502 and § 40506.
Subject: Blinded Veterans Association;
1997 Statutory Citation: 16 U.S.C. § 859;
Status: Relocated to chapter 303; § 30307.
Subject: National Woman's Relief Corps, Auxiliary to the Grand Army of
the Republic;
1997 Statutory Citation: 16 U.S.C. § 1005;
Status: Relocated to chapter 1537; § 153703.
Subject: Gold Star Wives of America;
1997 Statutory Citation: 16 U.S.C. § 1601;
Status: Relocated to chapter 805; § 80502.
Subject: American Ex-Prisoners of War;
1997 Statutory Citation: 16 U.S.C. § 2103;
Status: Relocated to chapter 209; § 20903.
Subject: Catholic War Veterans of the United States of America, Inc.;
1997 Statutory Citation: 16 U.S.C. § 2603;
Status: Relocated to chapter 401; § 40103.
Subject: Navy Wives Clubs of America;
1997 Statutory Citation: 16 U.S.C. §2801 and § 2803;
Status: Relocated to chapter 1545, § 154502 and §154503.
Subject: Army and Navy Union of the United States;
1997 Statutory Citation: 16 U.S.C. § 3903;
Status: Relocated to chapter 229; § 22903.
Subject: Non-Commissioned Officers Association of the United States;
1997 Statutory Citation: 16 U.S.C. § 4003;
Status: Relocated to chapter 1547; § 4003.
Subject: Retired Enlisted Association, Incorporated;
1997 Statutory Citation: 16 U.S.C. § 5103;
Status: Relocated to chapter 1903; § 190303.
Subject: National Fallen Firefighters Foundation;
1997 Statutory Citation: 16 U.S.C. § 5201;
Status: Relocated to Chapter 1513; § 151302.
Subject: Public Health Service grants for services of substance
abusers;
1997 Statutory Citation: 42 U.S.C. § 280d;
Status: Relocated to 42 U.S.C. § 290bb-25.
Subject: Programs for older Americans--state plans;
1997 Statutory Citation: 42 U.S.C. § 3035;
Status: Relocated to 42 U.S.C. § 3027.
[End of table]
APPENDIX 4:
CATEGORIES OF STATUTORY PROVISIONS:
CATEGORY 1--SOCIAL SECURITY AND RELATED PROGRAMS, HOUSING, AND:
FOOD STAMPS:
This category includes the major federal health and welfare programs,
particularly those considered entitlements, such as Social Security
retirement and disability benefits, food stamps, welfare, and Medicare
and Medicaid. Most of these provisions are found in Title 42 of the
United States Code, Public Health and Welfare; food stamp legislation
is in Title 7, Agriculture.
CATEGORY 2--VETERANS' BENEFITS:
Veterans' benefits, which are codified in Title 38 of the United States
Code, include pensions, indemnity compensation for service-connected
deaths, medical care, nursing home care, right to burial in veterans'
cemeteries, educational assistance, and housing. Husbands or wives of
veterans have many rights and privileges by virtue of the marital
relationship.
CATEGORY 3--TAXATION:
While the distinction between married and unmarried status is pervasive
in federal tax law, terms such as "husband," "wife," or "married" are
not defined. However, marital status figures in federal tax law in
provisions as basic as those giving married taxpayers the option to
file joint or separate income tax returns. It is also seen in the
related provisions prescribing different tax consequences, depending on
whether a taxpayer is married filing jointly, married filing
separately, unmarried but the head of a household, or unmarried and not
the head of a household.
CATEGORY 4--FEDERAL CIVILIAN AND MILITARY SERVICE BENEFITS:
This category includes statutory provisions dealing with current and
retired federal officers and employees, members of the Armed Forces,
elected officials, and judges, in which marital status is a factor.
Typically these provisions address the various health, leave,
retirement, survivor, and insurance benefits provided by the United
States to those in federal service and their families.
CATEGORY 5--EMPLOYMENT BENEFITS AND RELATED PROVISIONS:
Marital status comes into play in many different ways in federal laws
relating to employment in the private sector. Most provisions appear in
Title 29 of the United States Code, Labor.
However, others are in Title 30, Mineral Lands and Mining; Title 33,
Navigation and Navigable Waters; and Title 45, Railroads. This category
includes laws that address the rights of employees under employer-
sponsored employee benefit plans; that provide for continuation of
employer-sponsored health benefits after events like the death or
divorce of the employee; and that give employees the right to unpaid
leave in order to care for a seriously ill spouse. In addition,
Congress has extended special benefits in connection with certain
occupations, like mining and public safety.
CATEGORY 6--IMMIGRATION, NATURALIZATION, AND ALIENS:
This category includes federal statutory provisions governing the
conditions under which noncitizens may enter and remain in the United
States, be deported, or become citizens. Most are found in Title 8,
Aliens and Nationality. The law gives special consideration to spouses
of immigrant and nonimmigrant aliens in a wide variety of
circumstances. Under immigration law, aliens may receive special status
by virtue of their employment, and that treatment may extend to their
spouses. Also, spouses of aliens granted asylum can be given the same
status if they accompany or join their spouses.
CATEGORY 7--INDIANS:
The indigenous peoples of the United States have long had a special
legal relationship with the federal government through treaties and
laws that are classified to Title 25, Indians. Various laws set out the
rights to tribal property of "white" men marrying "Indian" women, or of
"Indian" women marrying "white" men. The law also outlines the descent
and distribution rights for Indians' property. In addition, there are
laws pertaining to health care eligibility for Indians and spouses and
reimbursement of travel expenses of spouses and candidates seeking
positions in the Indian Health Service.
CATEGORY 8--TRADE, COMMERCE, AND INTELLECTUAL PROPERTY:
This category includes provisions concerning foreign or domestic
business and commerce, in the following titles of the United States
Code: Bankruptcy, Title 11; Banks and Banking, Title:
12; Commerce and Trade, Title 15; Copyrights, Title 17; and Customs
Duties, Title 19. This category also includes the National Housing Act
(rights of mortgage borrowers); the Consumer Credit Protection Act
(governs wage garnishment); and the Copyright Act (spousal copyright
renewal and termination rights).
CATEGORY 9--FINANCIAL DISCLOSURE AND CONFLICT OF INTEREST:
Federal law imposes obligations on members of Congress, employees or
officers of the federal government, and members of the boards of
directors of some government-related or government chartered entities,
to prevent actual or apparent conflicts of interest. These individuals
are required to disclose publicly certain gifts, interests, and
transactions. Many of these requirements, which are found in 16
different titles of the United States Code, apply also to the
individual's spouse.
CATEGORY 10--CRIMES AND FAMILY VIOLENCE:
This category includes laws that implicate marriage in connection with
criminal justice or family violence. The nature of these provisions
varies greatly. Some deal with spouses as victims of crimes, others
with spouses as perpetrators. These laws are found primarily in Title
18, Crimes and Criminal Procedure, but some statutory provisions,
dealing with crime prevention and family violence, are in Title 42,
Public Health and Welfare.
CATEGORY 11--LOANS, GUARANTEES, AND PAYMENTS IN AGRICULTURE:
Under many federal loan programs, a spouse's income, business
interests, or assets are taken into account for purposes of determining
a person's eligibility to participate in the program. In other
instances, marital status is a factor in determining the amount of
federal assistance to which a person is entitled or the repayment
schedule. This category includes education loan programs, housing loan
programs for veterans, and provisions governing agricultural price
supports and loan programs that are affected by the spousal
relationship.
CATEGORY 12--FEDERAL NATURAL RESOURCES AND RELATED PROVISIONS:
Federal law gives special rights to spouses in connection with a
variety of transactions involving federal lands and other federal
property. These transactions include purchase and sale of land by the
federal government and lease by the government of water and mineral
rights.
CATEGORY 13--MISCELLANEOUS PROVISIONS:
This category comprises federal statutory provisions that do not fit
readily in any of the other 12 categories. Federal provisions that
prohibit discrimination on the basis of marital status are included in
this category. This category also includes various patriotic societies
chartered in federal law, such as the Veterans of Foreign Wars or the
Gold Star Wives of America.
FOOTNOTES
[1] The Defense of Marriage Act defines "marriage" as "a legal union
between one man and one woman as husband and wife"; it defines "spouse"
as referring "only to a person of the opposite sex who is a husband or
a wife." The Act requires that these definitions apply "[i]n
determining the meaning of any Act of Congress, or of any ruling,
regulation, or interpretation of the various administrative bureaus and
agencies of the United States." 1 U.S.C. § 7.
[2] U.S. General Accounting Office, Defense of Marriage Act, GAO/OGC-
97-16 (Washington, D.C.: January 31, 1997).
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