Defense of Marriage Act: Update to Prior Report (23-JAN-04,
GAO-04-353R).
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. 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. 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,
Congress 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status were repealed or amended in such a way as to eliminate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.
-------------------------Indexing Terms-------------------------
REPORTNUM: GAO-04-353R
ACCNO: A09189
TITLE: Defense of Marriage Act: Update to Prior Report
DATE: 01/23/2004
SUBJECT: Data collection
Federal law
Federal legislation
Legal research
Marital status
******************************************************************
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GAO-04-353R
United States General Accounting Office Washington, DC 20548
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.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.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
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. S: 7.
2 U.S. General Accounting Office, Defense of Marriage Act, GAO/OGC-97-16
(Washington, D.C.: January 31, 1997).
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 [email protected]. Behn Miller Kelly and Richard Burkard made key
contributions to this project.
Sincerely yours,
Dayna K. Shah
Associate General Counsel
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
S: 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
S: 629a Definitions
Subchapter XI-General Provisions, Peer Review, and Administrative
Simplification Part A-General Provisions
Exclusion of certain individuals and entities from
S: 1320a-7 participation in Medicare and state health care
programs
S: 1320b-17 Recovery of SSI overpayments from other benefits
Part C-Medicare + Choice Program
S: 1395w-22 Benefits and beneficiary protections
S: 1395w-23 Payments to Medicare + Choice organizations
S: 1395w-27 Contracts with Medicare + Choice organizations
Part D-Miscellaneous Provisions
S: 1395x Definitions
S: 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
S: 3030g-21 General provisions-nutrition
S: 3030s Definitions
Chapter 46-Justice System Improvement Subchapter XII-F-Public Safety
Officers' Death Benefits Part A-Death Benefits
S: 3796d Purposes
S: 3796d-1 Basic eligibility
Subchapter XII-H-Grants to Combat Violent Crimes against Women
S: 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
S: 7384s Compensation and benefits to be provided
Separate treatment of certain uranium
S: 7384u employees
Part C-Treatment, Coordination, and Forfeiture of Compensation and
Benefits
Exclusivity of remedy against the United
S: 7385c States and against contractors and
subcontractors
Chapter 110-Family Violence Prevention and Services
Grants for state domestic violence
S: 10410 coalitions
S: 10421 Definitions
Chapter 129-National and Community Service Subchapter I-National and
Community Service State Grant Program Division F-Administrative Provisions
S: 12639 Evaluation
Chapter 130-National Affordable Housing Subchapter I-General Provisions
and Policies
S: 12704 Definitions
S: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
S: 13981 Civil rights
S: 13992 Training provided by grants
Chapter 143-Intercountry Adoptions Subchapter V-General Provisions
S: 14952 Special rules for certain cases
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
S: 1710B Extended care services
Subchapter VIII-Health Care of Persons other than Veterans
Medical care for survivors and dependents of certain
S: 1781 veterans
Chapter 18-Benefits for Children of Vietnam Veterans Subchapter
III-General Provisions
S: 1821 Definitions
Chapter 19-Insurance Subchapter III-Servicemembers' Group Life Insurance
S: 1967 Person insured; amount
S: 1969 Deductions; payment; investment; expenses
Chapter 23-Burial Benefits
S: 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
Transfer of entitlement to basic educational assistance:
S: 3020 members of the Armed Forces with critical military
skills
Chapter 42-Employment and Reemployment Rights of Members of the Uniformed
Services
Priority of service for veterans in Department of Labor
S: 4215 job training programs
Part IV-General Administrative Provisions Chapter 53-Special Provisions
Relating to Benefits
S: 5302 Waiver of recovery of claims by the United States
Prohibition on providing certain benefits with respect
S: 5313B to persons who are fugitive felons
Part V-Boards, Administrations, and Services Chapter 77-Veterans Benefits
Administration Subchapter II-Veterans Outreach Services Program
S: 7721 Purpose; definitions
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
S: 24 Child tax credit
S:25A Hope and lifetime learning credits
S: 25B Tax imposed on individuals
Subchapter B-Computation of Taxable Income Part III-Items Specifically
Excluded from Gross Income
S: 101 Certain death benefits
Part VII-Additional Itemized Deductions for Individuals
S: 138 Medicare + Choice MSA
S: 221 Interest on education loans
Subchapter D-Deferred Compensation, Etc. Part I-Pension, Profit-Sharing,
Stock Bonus Plans, Etc. Subpart A-General Rule
S: 408A Roth IRAs
Subchapter F-Exempt Organizations Part VIII-Higher Education Savings
Entities
S: 529 Qualified tuition programs
S: 530 Coverdell education savings accounts
Subchapter K-Partners and Partnerships Part IV-Special Rules for Electing
Large Partnerships
S: 774 Other modifications
S: 775 Electing large partnership defined
Subchapter O-Gain or Loss on Disposition of Property Part II-Basis Rules
of General Application
Treatment of property acquired by decedent dying after
S: 1022 December 31, 2009
Subchapter W-District of Columbia Enterprise Zone
S: 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
S: 2057 Family-owned business interests
Subchapter C-Miscellaneous
S: 2210 Termination
Chapter 12-Gift Tax Subchapter B-Transfers
S: 2511 Transfers in general
Chapter 13-Tax on Generation-Skipping Transfers Subchapter D-GST Exemption
S: 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
S: 6015 Relief from joint and several liability on joint return
Part III-Information Returns Subpart B-Information Concerning Transactions
with Other Persons
S: 6045 Returns of brokers
Chapter 62-Time and Place for Paying Tax Subchapter A-Place and Due Date
for Payment of Tax
Agreements for payment of tax liability in
S: 6159 installments
Chapter 63-Assessment Subchapter C-Tax Treatment of Partnership Items
S: 6230 Additional administrative provisions
Chapter 66-Limitations Subchapter B-Limitations on Credit or Refund
S: 6511 Limitations on credit or refund
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
S: 2301 Merit system principles
S: 2302 Prohibited personnel practices
Subpart B-Employment and Retention Chapter 33-Examination, Selection, and
Placement Subchapter I-Examination, Certification and Appointment
S: 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
Relocation expenses of an employee who is
S: 5737 performing an extended assignment
Chapter 59-Allowances Subchapter III-Overseas Differentials And Allowances
S: 5922 General provisions
Subpart G-Insurance and Annuities Chapter 90-Long-term Care Insurance
S: 9001 Definitions
S: 9002 Availability of insurance
S: 9003 Contracting authority
Title 6-Domestic Security
Chapter 1-Homeland Security Organization
Treatment of charitable trusts for members of the
S: 331 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
S: 118a Quadrennial quality of life review
Part II-Personnel Chapter 55-Medical and Dental Care
S: 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
Election to discontinue participation: one-year
S: 1448a 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
S: 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
S: 403 Basic allowance for housing
S: 407 Travel and transportation allowances: dislocation allowance
S: 411f Travel and transportation allowances: transportation for survivors
of deceased member to attend the member's burial ceremonies
S: 427 Family separation allowance
CATEGORY 5-EMPLOYMENT BENEFITS AND RELATED STATUTORY PROVISIONS
Title 29-Labor
Chapter 30-Workforce Investment Systems Subchapter I-Workforce Investment
Definitions
S: 2801 Definitions
Subchapter IV-National Programs
S: 2918 National emergency grants
Title 30-Mineral Lands and Mining
Chapter 25-Surface Mining Control and Reclamation Subchapter
VII-Administrative and Miscellaneous Provisions
S: 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
S: 3796d Purposes
S: 3796d-1 Basic eligibility
Chapter 84-Department of Energy Subchapter XVI-Energy Employees
Occupational Illness Compensation Program
S: 7384s Compensation and benefits to be provided
S: 7384u Separate treatment of certain uranium employees
Exclusivity of remedy against the United States and
S: 7385c against contractors and subcontractors
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
S: 1183a Requirements for sponsor's affidavit of support
Part IV-Inspection, Apprehension, Examination, Exclusion, and Removal
S: 1227 General classes of deportable aliens
S: 1229a Removal proceedings
S: 1229b Cancellation of removal; adjustment of status
S: 1229c Voluntary departure
Part IX-Miscellaneous
S: 1367 Penalties for disclosure of information
S: 1375 Mail-order bride business
Chapter 14-Restricting Welfare and Public Benefits for Aliens Subchapter
IV-General Provisions
S: 1641 Definitions
Chapter 15-Enhanced Border Security and Visa Entry Reform Subchapter
V-Foreign Students and Exchange Visitors
S: 1761 Foreign student monitoring program
Title 19-Customs Duties
Chapter 24-Bipartisan Trade Promotion
United States-Chile Free Trade Agreement
S: 3805note Implementation Act
CATEGORY 7--INDIANS
Title 25-Indians
Chapter 18-Indian Health Care
Subchapter II-Health Services
S: 1621h Mental health services
Chapter 24-Indian Land Consolidation
S: 2206 Descent and distribution
S: 2216 Trust and restricted land transactions
Chapter 43-Native American Housing Assistance and Self-Determination
S: 4103 Definitions
Subchapter VIII-Housing Assistance for Native Hawaiians
S: 4221 Definitions
CATEGORY 8-TRADE, COMMERCE, AND INTELLECTUAL PROPERTY
Title 12-Banks and Banking
Chapter 13-National Housing
S: 1701q Supportive housing for the elderly
Subchapter II-Mortgage Insurance
S: 1707 Definitions
S: 1713 Rental housing insurance
S: 1715e Cooperative housing insurance
Chapter 17-Bank Holding Companies
S: 1841 Definitions
Chapter 31-National Consumer Cooperative Bank Subchapter I-Establishment
and Operation
S: 3015 Eligibility of cooperatives
Chapter 32-Foreign Bank Participation in Domestic Markets
S: 3106a Compliance with state and federal laws
Title 15-Commerce and Trade
Chapter 14A-Aid to Small Business
S: 632 Small business concern
Chapter 14B-Small Business Investment Program Subchapter V-Loans to State
and Local Development Companies
Loans for plant acquisition, construction,
S: 696 conversion, and expansion
Chapter 41-Consumer Credit Protection Subchapter IV-Equal Credit
Opportunity
S: 1691 Scope of prohibition
CATEGORY 9-FINANCIAL DISCLOSURE AND CONFLICT OF INTEREST
Title 7-Agriculture
Chapter 50-Agricultural Credit Subchapter VI-Delta Regional Authority
S: 2009aa-1 Delta Regional Authority
Subchapter VII-Northern Great Plains Regional Authority
S: 2009bb-1 Northern Great Plains Regional Authority
Subchapter IX-Rural Strategic Investment Program
S: 2009dd-3 National Board on rural America
CATEGORY 10-CRIMES AND FAMILY VIOLENCE
Title 18-Crimes and Criminal Procedure
Part I-Crimes Chapter 46-Forfeiture
S: 983 General rules for civil forfeiture proceedings
Chapter 110A-Domestic Violence
S: 2261A Interstate stalking
Title 20
Chapter 28-Higher Education Resources and Student Assistance Subchapter
VIII-Miscellaneous
Grants to combat violent crimes against women on
S: 1152 campuses
Title 28-Judiciary and Judicial Procedure
Part V-Procedure Chapter 115-Evidence; Documentary
Certain acts, records, and proceedings and the effect
S: 1738C 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
S: 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
S: 13992 Training provided by grants
CATEGORY 11-LOANS, GUARANTEES, AND PAYMENTS IN AGRICULTURE
No new provisions in this category of statutes.
CATEGORY 12-FEDERAL NATURAL RESOURCES AND RELATED STATUTORY PROVISIONS
No new provisions in this category of statutes.
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 S: 6674 Participation agreement and
financial assistance Subchapter VII-Bilingual Education, Language
Enhancement, and Language Acquisition Programs Part B-Native Hawaiian
Education S: 7512 Findings
Title 22-Foreign Relations and Intercourse Chapter 75-Chemical Weapons
Convention Implementation Subchapter I-General Provisions S: 6713 Civil
liability of the United States
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
1997 Statutory Status
Subject Citation
Regulations pertaining 42 U.S.C. Repealed by Pub. L. No. 104-193, S:
to garnishments S:S:661-662 362(b)(1), effective February 22,
1997, 110 Stat. 2246.
Category 3-Taxation Category 4-Federal Civilian and Military Service Benefits
1997 Statutory Status
Subject Citation
Repealed by Pub. L. No.
Collapsible corporations 26 U.S.C. S: 341 108-27, S: 302(e), May 28,
2003, 117 Stat. 763.
Repealed by Pub. L. No.
Rollover of gain on sale of 26 U.S.C. S: 1034 105-34, S: 312(b), Aug. 5,
principal residence 1997, 111 Stat. 839.
Tax on excess distribution Repealed by Pub. L. No.
from qualified retirement 26 U.S.C. S: 4980A 105-34, S: 1073(a), Aug.
plans 7, 1997, 111 Stat. 948.
1997 Statutory Status
Subject Citation
Employment of retired Repealed by Pub. L. No. 106-65,
members of the uniformed 5 U.S.C. S: S: 651(a)(1), Oct. 1, 1999, 113
services; reduction in 5532 Stat. 664.
retired or retainer pay
Assistance to separated
members to obtain Repealed by Pub. L. No. 106-655,
certification and 10 U.S.C. S: S: 1707(a)(1), Oct. 5, 1999, 113
employment as teachers or 1151 Stat. 823.
employment as teachers'
aides
Amended by Pub. L. No. 105-261,
Military child care 10 U.S.C. S: S: 1106, Oct. 17, 1998, 112 Stat.
employees 1792 2142; reference to marital status
removed.
Job training partnership, 29 U.S.C. S: Repealed by Pub. L. No. 105-220,
application of federal 1706 S: 199(b) (2), effective July 1,
law 2000, 112 Stat. 1059.
Repealed by Pub. L. No. 107-372,
Rights, benefits, S: 271(2), Dec. 19, 2002, 116
privileges, and Stat. 3094 and replaced with
immunities; exercise of 33 U.S.C. S: similar provisions that omit any
authority of Secretary of 857a reference to marital status. See
Commerce or designee 33 U.S.C. 3071 (National Oceanic
(National Ocean Survey and Atmospheric Administration
employees) Commissioned Officer Corps -
Rights and benefits).
Category 5-Employment Benefits and Related Statutory Provisions
1997 Statutory Status
Subject Citation
Repealed by Pub. L. No.
Youth training program for 29 U.S.C. S: 1644 105-220, S: 199(b)(2),
the disadvantaged effective July 1, 2000, 112
Stat. 1059.
Repealed by Pub. L. No.
Job Corps-Allowances and 29 U.S.C. S: 1699 105-220, S: 199(b)(2),
support effective July 1, 2000, 112
Stat. 1059.
Repealed by Pub. L. No.
Labor market information 29 U.S.C. S: 1752 105-220, S: 199(b)(2),
effective July 1, 2000, 112
Stat. 1059.
Category 6-Immigration, Naturalization, and Aliens
1997 Statutory Status
Subject Citation
Suspension of Repealed by Pub. L. No. 104-208,
deportation of aliens 8 U.S.C. S: 1251 S: 308(b)(7), Sep. 30, 1996, 110
Stat. 3009-615.
Category 9-Financial Disclosure and Conflict of Interest
1997 Statutory Status
Subject Citation
Alternative Agricultural Research Repealed by Pub. L.
and Commercialization 7 U.S.C. S: 5903 No. 107-171, S:
Corporation-Board of Directors, 6201(a), May 13,
Employees, and Facilities 2002, 116 Stat. 418.
Category 10-Crimes and Family Violence
1997 Statutory Status
Subject Citation
Amended by Pub. L.
Interstate violation of a 106-386, S: 1107, Oct. 28,
protection order 18 U.S.C. S: 2262 2000, 114 Stat. 1464;
reference to marital
status removed.
Narcotic addict Repealed by Pub. L. No.
rehabilitation- definitions 42 U.S.C. S: 3411 106-310, S: 3405(b), Oct.
17, 2000, 114 Stat. 1221.
Model state leadership grants 42 U.S.C. S: Repealed by Pub. L. No.
for domestic violence 10415 108-36, S: 410, June 25,
intervention 2003, 117 Stat. 827.
Category 11-Loans, Guarantees, and Payments in Agriculture
1997 Statutory Status
Subject Citation
Amended by Pub. L. No.
20 U.S.C. S: 105-244, S: 501, October 7,
Paul Douglas Teaching 1104g 1998, 112 Stat. 1581;
Scholarships-exceptions to reference to marital status
repayment provisions removed.
Faculty Development Fellowship 20 U.S.C. S: Repealed by Pub. L. No.
Program-exceptions to repayment 1134r-5 105-244, S: 701, October 7,
provisions 1998,112 Stat. 1581.
Category 13-Miscellaneous Statutory Provisions
1997 Statutory Status
Subject Citation
Amended by Pub. L. No. 105-332,
Vocational education 20 U.S.C. S: 2323 S: 1(b), October 31, 1998,112
state plans Stat. 3076; reference to marital
status removed.
Amended by Pub. L. No. 105-332,
Vocational education 20 U.S.C. S: 2471 S: 1(b), October 31, 1998, 112
definitions Stat. 3076; reference to marital
status removed.
Amended by Pub. L. No. 105-354,
Agricultural Hall of 36 U.S.C. S: 977 S: 1, Aug. 12, 1998, 112 Stat.
Fame 3238; reference to marital
status removed.
Amended by Pub. L. No. 105-225,
Audits of Federally 36 U.S.C. S: 1101 S: 1, Aug. 12, 1998, 112 Stat.
Chartered Corporations 1253; reference to marital
status removed.
Amended by Pub. L. No. 105-225,
S: 1, Aug. 12, 1998, 112 Stat.
Gold Star Wives of 1253; replaced provision's
America 36 U.S.C. S: 1602 reference to "gold wives" with
"corporation". (The name of the
organization continues to be the
Gold Star Wives of America.)
Amended by Pub. L. No. 105-225,
S: 1, Aug. 12, 1998, 112 Stat.
Navy Wives Clubs of 1436; replaced provision's
America 36 U.S.C. S: 2802 reference to "Navy Wives" with
"corporation". (The name of the
organization continues to be the
Navy Wives Clubs of America.)
Amended by Pub. L. No. 105-225,
36 U.S.C. S: 4307 S: 1, Aug. 12, 1998, 112 Stat.
Aviation Hall of Fame and S: 4309 1312. These provisions'
references to "survivors" were
deleted.
Membership of Martin Repealed by Pub. L. No. 105-225,
Luther King, Jr., 36 U.S.C. S: S: 6, Aug. 12, 1998, 112 Stat.
Federal Holiday 169j-3 1253.
Commission
Testing and other early 42 U.S.C. S: Repealed by Pub. L. No. 106-345,
intervention services 300ff-48 S: 301(a), Oct. 20, 2000, 114
for state prisoners Stat. 1345.
Programs for older 42 U.S.C. S: Provision was omitted by Pub. L.
Americans- 3035a No. 106-501, Nov. 13, 2001, 114
Demonstration projects Stat. 2257.
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
Category 2-Veterans' Benefits
1997 Statutory Status
Subject Citation
Alien's eligibility for 42 U.S.C. S: 615 Relocated to 42 U.S.C.
benefits S: 608(f)
1997 Statutory Status
Subject Citation
Medical care for survivors and 38 U.S.C. S: 1713 Relocated to 38
dependents of certain veterans U.S.C. S: 1781
Category 4-Federal Civilian and Military Service Benefits
1997 Statutory Status
Subject Citation
House of Representatives Child Care 40 U.S.C. S: 184g Relocated to 2
Center U.S.C. S: 2062
National Oceanic and Atmospheric 33 U.S.C. S: 857-4 Relocated to 33
Administration commissary privileges U.S.C. S: 3074
Gratuities for survivors of deceased 40 U.S.C. S: 166b-4 Relocated to 2
House employees; computation U.S.C. S: 125
Senate employee child care benefits 40 U.S.C. S: 214d Relocated to 2
U.S.C. S: 2063
Category 5-Employment Benefits and Related Statutory Provisions
1997 Statutory Status
Subject Citation
Job training partnership- 29 U.S.C. S: 1503 Relocated to 29 U.S.C.
definitions S: 2801
Category 6-Immigration, Naturalization, and Aliens
Subject 1997 Statutory Citation Status
Deportable aliens 8 U.S.C. S: 1251 Relocated to 8 U.S.C. S: 1227
Category 7-Indians
1997 Statutory Status
Subject Citation
Indian land consolidation- Descent and 25 U.S.C. S: 2205 Relocated to 25
distribution U.S.C. S: 2206
Category 9-Financial Disclosure and Conflict of Interest
1997 Statutory Status
Subject Citation
Appalachian Regional 40 U.S.C. S: 108 Relocated to 40
Commission-personal financial interests U.S.C. S: 14309
Category 10-Crimes and Family Violence
1997 Statutory Status
Subject Citation
Family violence prevention and 40 U.S.C. S: 10408 Relocated to 40
Services-definitions U.S.C. S: 10421
Category 13-Miscellaneous Statutory Provisions
1997 Statutory Status
Subject Citation
Marine Corps League 36 U.S.C. S: 57a Relocated to chapter
2301 S: 140102
Veterans of Foreign Wars of the 36 U.S.C. S: 113 Relocated to chapter
United States 2301 S: 230102
Legion of Valor of the United 36 U.S.C. S: 633 Relocated to chapter
States of America 1303 S: 130302
Veterans of World War I of the 36 U.S.C. S: 763 Relocated to chapter
United States of America 2303 S: 230302
The Congressional Medal of Honor 36 U.S.C. S: 793 Relocated to chapter
Society of the United States and S: 799 405 S: 40502 and S:
40506
Blinded Veterans Association 36 U.S.C. S: 859 Relocated to chapter
303 S: 30307
National Woman's Relief Corps, Relocated to chapter
Auxiliary to the Grand Army of the 36 U.S.C. S: 1005 1537 S: 153703
Republic
Gold Star Wives of America 36 U.S.C. S: 1601 Relocated to chapter
805 S: 80502
American Ex-Prisoners of War 36 U.S.C. S: 2103 Relocated to chapter
209 S: 20903
Catholic War Veterans of the 36 U.S.C. S: 2603 Relocated to chapter
United States of America, Inc. 401 S: 40103
36 U.S.C. S:2801 Relocated to chapter
Navy Wives Clubs of America and S: 2803 1545, S: 154502 and
S:154503.
Army and Navy Union of the United 36 U.S.C. S: 3903 Relocated to chapter
States 229 S: 22903
Non-Commissioned Officers 36 U.S.C. S: 4003 Relocated to chapter
Association of the United States 1547 S: 4003
Retired Enlisted Association, 36 U.S.C. S: 5103 Relocated to chapter
Incorporated 1903 S: 190303
National Fallen Firefighters 36 U.S.C. S: 5201 Relocated to Chapter
Foundation 1513 S: 151302
Public Health Service grants for 42 U.S.C. S: 280d Relocated to 42
services of substance abusers U.S.C. S: 290bb-25
Programs for older Americans- 42 U.S.C. S: 3035 Relocated to 42
state plans U.S.C. S: 3027
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.
*** End of document. ***