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status were repealed or amended in such a way as to eliminate	 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. ***