In a second search, made in 2003, the General Accounting Office located even more federal laws — numbering 1,138 — that provide benefits, rights and privileges based on marital status. This fact appears in the following document — “GAO-04-353R Defense of Marriage Act - Update to Prior Report” — from the U.S. Congress’ General Accounting Office.
While the Office claims it cannot determine the exact effects of the laws on citizens, the report shows that the federal anti-gay, anti-marriage DoMA law affects an enormous range and depth of federal acknowledgments, rights, benefits, and privileges.
The following cover letter and report may also be read in the GAO’s original PDF file:
Second GAO 18-page “Defense of Marriage Act: Update to Prior Report” document
The first, original GAO report may be read here:
List of Federal Marriage Laws - 1997
GAO
Accountability - Integrity - Reliability
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 During the same period, 31 statutory provisions involving marital status were repealed or amended in such a way as to eliminate marital status as a factor.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 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 https://www.gao.gov.
If you have any questions, please contact me at (202) 512-8208 or by E-mail at shahd@gao.gov. Behn Miller Kelly and Richard Burkard made key contributions to this project.
Sincerely yours,
Dayna K. Shah
Associate General Counsel
1 The Defense of Marriage Act defines “marriage” as “a legal union between one man and one woman as husband and wife”; it defines “spouse” as referring “only to a person of the opposite sex who is a husband or a wife.” The Act requires that these definitions apply “[i]n determining the meaning of any Act of Congress, or of any ruling, regulation, or interpretation of the various administrative bureaus and agencies of the United States.” 1 U.S.C. § 7.
2 U.S. General Accounting Office, Defense of Marriage Act, GAO/OGC-97-16 (Washington, D.C.: January 31, 1997).
|
APPENDIX 1
Table of Statutory Provisions Involving Marital Status Added to the United States Code
Between September 21, 1996, and December 31, 2003, by Category
CATEGORY 1—SOCIAL SECURITY AND RELATED PROGRAMS, HOUSING, AND FOOD STAMPS
|
|
Title 42 – The Public Health and Welfare
|
|
Chapter 6A—Public Health Service Subchapter II Part D—Primary Health Care Subpart I—Health Centers
| |
§ 254d
|
National Health Service Corps
| |
Subchapter IV—Grants to States for Aid and Services to Needy Families with Children and for Child-Welfare Services
| |
Part B—Child and Family Services Subpart 2—Promoting Safe and Stable Families
| |
§ 629a |
Definitions
| |
Subchapter XI—General Provisions, Peer Review, and Administrative Simplification Part A—General Provisions
| |
§ 1320a-7
|
Exclusion of certain individuals and entities from participation in Medicare and state health care programs
| |
§ 1320b-17
|
Recovery of SSI overpayments from other benefits
| |
Part C—Medicare + Choice Program
| |
§ 1395w-22
|
Benefits and beneficiary protections
| |
§ 1395w-23
|
Payments to Medicare + Choice organizations
| |
§ 1395w-27
|
Contracts with Medicare + Choice organizations
| |
Part D—Miscellaneous Provisions
| |
§ 1395x
|
Definitions
| |
§ 1395ff
|
Determinations; appeals
| |
Chapter 35—Programs for Older Americans Subchapter III—Grants for States and Community Programs on Aging Part C—Nutrition Services Subpart III—General Provisions
| |
§ 3030g-21
|
General provisions—nutrition
| |
§ 3030s
|
Definitions
| |
Chapter 46—Justice System ImprovementSubchapter XII—F—Public Safety Officers’ Death Benefits Part A—Death Benefits
| |
§ 3796d
|
Purposes
| |
§ 3796d-1
|
Basic eligibility
| |
Subchapter XII—H—Grants to Combat Violent Crimes against Women
| |
§ 3796gg-1
|
State grants
| |
Chapter 84—Department of Energy Part A—Establishment of Compensation Program and Compensation Fund Subchapter XVI—Energy Employees Occupational Illness Compensation Program
| |
§ 7384s
|
Compensation and benefits to be provided
| |
§ 7384u
|
Separate treatment of certain uranium employees
| |
Part C—Treatment, Coordination, and Forfeiture of Compensation and Benefits
| |
§ 7385c
|
Exclusivity of remedy against the United States and against contractors and subcontractors
| |
Chapter 110—Family Violence Prevention and Services
| |
§ 10410
|
Grants for state domestic violence coalitions
| |
§ 10421
|
Definitions
|
|
APPENDIX 2
Tables of Statutory Provisions Identified in 1997 Report as Involving Marital Status
That Have Been Repealed or Amended to Remove Reference to Marital Status
|
Category 1—Social Security and Related Programs, Housing, and Food Stamps
|
Subject
|
1997 Statutory Citation
|
Status
| |
Regulations pertaining to garnishments
|
42 U.S.C. §§661-662
|
Repealed by Pub. L. No. 104-193, § 362(b)(1), effective February 22, 1997, 110 Stat. 2246.
|
Category 3—Taxation
|
Subject
|
1997 Statutory Citation
|
Status
| |
Collapsible corporations
|
26 U.S.C. § 341
|
Repealed by Pub. L. No. 108-27, § 302(e), May 28, 2003, 117 Stat. 763.
| |
Rollover of gain on sale of principal residence
|
26 U.S.C. § 1034
|
Repealed by Pub. L. No. 105-34, § 312(b), Aug. 5, 1997, 111 Stat. 839.
| |
Tax on excess distribution from qualified retirement plans
|
26 U.S.C. § 4980A
|
Repealed by Pub. L. No. 105-34, § 1073(a), Aug. 7, 1997, 111 Stat. 948.
|
Category 4—Federal Civilian and Military Service Benefits
|
Subject
|
1997 Statutory Citation
|
Status
| |
Employment of retired members of the uniformed services; reduction in retired or retainer pay
|
5 U.S.C. § 5532
|
Repealed by Pub. L. No. 106-65, § 651(a)(1), Oct. 1, 1999, 113 Stat. 664.
| |
Assistance to separated members to obtain certification and employment as teachers or employment as teachers’ aides
|
10 U.S.C. § 1151
|
Repealed by Pub. L. No. 106-655, § 1707(a)(1), Oct. 5, 1999, 113 Stat. 823.
| |
Military child care employees
|
10 U.S.C. § 1792
|
Amended by Pub. L. No. 105-261, § 1106, Oct. 17, 1998, 112 Stat. 2142; reference to marital status removed.
| |
Job training partnership, application of federal law
|
29 U.S.C. § 1706
|
Repealed by Pub. L. No. 105-220, § 199(b) (2), effective July 1, 2000, 112 Stat. 1059.
| |
Rights, benefits, privileges, and immunities; exercise of authority of Secretary of Commerce or designee (National Ocean Survey employees)
|
33 U.S.C. § 857a
|
Repealed by Pub. L. No. 107-372, § 271(2), Dec. 19, 2002, 116 Stat. 3094 and replaced with similar provisions that omit any reference to marital status. See 33 U.S.C. 3071 (National Oceanic and Atmospheric Administration Commissioned Officer Corps - Rights and benefits).
|
Chapter 129—National and Community Service
Subchapter I—National and Community Service State Grant Program
Division F—Administrative Provisions
| |
§ 12639
|
Evaluation
|
Chapter 130—National Affordable Housing
Subchapter I—General Provisions and Policies
| |
§ 12704
|
Definitions
| |
§12713
|
Eligibility under first-time home-buyer programs
|
Chapter 136—Violent Crime Control and Law Enforcement
Subchapter III—Violence against Women
Part C—Civil Rights for Women
| |
§ 13981
|
Civil rights
| |
§ 13992
|
Training provided by grants
|
Chapter 143—Intercountry Adoptions
Subchapter V—General Provisions
| |
§ 14952
|
Special rules for certain cases
|
CATEGORY 2—VETERANS’ BENEFITS
|
Title 38—Veterans' Benefits
|
Part II—General Benefits
Chapter 17—Hospital, Nursing Home, Domiciliary, and Medical Care
Subchapter II—Hospital, Nursing Home, Or Domiciliary Care and Medical Treatment
| |
§ 1710B
|
Extended care services
| |
Subchapter VIII—Health Care of Persons other than Veterans
| |
§ 1781
|
Medical care for survivors and dependents of certain veterans
|
Chapter 18—Benefits for Children of Vietnam Veterans
Subchapter III—General Provisions
| |
§ 1821
|
Definitions
|
Chapter 19—Insurance
Subchapter III—Servicemembers’ Group Life Insurance
| |
§ 1967
|
Person insured; amount
| |
§ 1969
|
Deductions; payment; investment; expenses
| |
Chapter 23—Burial Benefits
| |
§ 2306
|
Headstones, markers, and burial receptacles
|
Part III—Readjustment and Related Benefits
Chapter 30—All-Volunteer Force Educational Assistance Program
Subchapter II—Basic Educational Assistance
| |
§ 3020
|
Transfer of entitlement to basic educational assistance: members of the Armed Forces with critical military skills
| |
Chapter 42—Employment and Reemployment Rights of Members of the Uniformed Services
| |
§ 4215
|
Priority of service for veterans in Department of Labor job training programs
|
Part IV—General Administrative Provisions
Chapter 53—Special Provisions Relating to Benefits
| |
§ 5302
|
Waiver of recovery of claims by the United States
| |
§ 5313B
|
Prohibition on providing certain benefits with respect to persons who are fugitive felons
|
Part V—Boards, Administrations, and Services
Chapter 77—Veterans Benefits Administration
Subchapter II—Veterans Outreach Services Program
| |
§ 7721
|
Purpose; definitions
|
CATEGORY 3—TAXATION
|
Title 26—Internal Revenue Code
|
Subtitle A—Income Taxes
Chapter 1—Normal Taxes and Surtaxes
Subchapter A—Determination of Tax Liability
Part IV—Credits Against Tax
Subpart A—Nonrefundable Personal Credits
| |
§ 24
|
Child tax credit
| |
§25A
|
Hope and lifetime learning credits
| |
§ 25B
|
Tax imposed on individuals
|
Subchapter B—Computation of Taxable Income
Part III—Items Specifically Excluded from Gross Income
| |
§ 101
|
Certain death benefits
| |
Part VII—Additional Itemized Deductions for Individuals
| |
§ 138
|
Medicare + Choice MSA
| |
§ 221
|
Interest on education loans
|
Subchapter D—Deferred Compensation, Etc.
Part I—Pension, Profit-Sharing, Stock Bonus Plans, Etc.
Subpart A—General Rule
| |
§ 408A
|
Roth IRAs
| |
Subchapter F—Exempt Organizations Part VIII—Higher Education Savings Entities
| |
§ 529
|
Qualified tuition programs
| |
§ 530
|
Coverdell education savings accounts
|
Subchapter K—Partners and Partnerships
Part IV—Special Rules for Electing Large Partnerships
| |
§ 774
|
Other modifications
| |
§ 775
|
Electing large partnership defined
|
Subchapter O—Gain or Loss on Disposition of Property
Part II—Basis Rules of General Application
| |
§ 1022
|
Treatment of property acquired by decedent dying after December 31, 2009
| |
Subchapter W—District of Columbia Enterprise Zone
| |
§ 1400C
|
First-time home-buyer credit for District of Columbia
|
Subtitle B—Estate and Gift Taxes
Chapter 11—Estate Tax
Subchapter A—Estates Of Citizens Or Residents
Part IV—Taxable Estate
| |
§ 2057
|
Family-owned business interests
| |
Subchapter C—Miscellaneous
| |
§ 2210
|
Termination
|
Chapter 12—Gift Tax
Subchapter B—Transfers
| |
§ 2511
|
Transfers in general
|
Chapter 13—Tax on Generation-Skipping Transfers
Subchapter D—GST Exemption
| |
§ 2632
|
Special rules for allocation of GST exemption
|
Subtitle F—Procedure and Administration
Chapter 61—Information and Returns
Subchapter A—Returns and Records
Part II—Tax Returns or Statements
Subpart B—Income Tax Returns
| |
§ 6015
|
Relief from joint and several liability on joint return
|
Part III—Information Returns
Subpart B—Information Concerning Transactions with Other Persons
| |
§ 6045
|
Returns of brokers
|
Chapter 62—Time and Place for Paying Tax
Subchapter A—Place and Due Date for Payment of Tax
| |
§ 6159
|
Agreements for payment of tax liability in installments
|
Chapter 63—Assessment
Subchapter C—Tax Treatment of Partnership Items
| |
§ 6230
|
Additional administrative provisions
|
Chapter 66—Limitations
Subchapter B—Limitations on Credit or Refund
| |
§ 6511
|
Limitations on credit or refund
|
CATEGORY 4—FEDERAL CIVILIAN AND MILITARY SERVICE BENEFITS
|
Title 5—Government Organization and Employees
|
Part III—Employees
Subpart A—General Provisions
Chapter 23—Merit system principles
| |
§ 2301
|
Merit system principles
| |
§ 2302
|
Prohibited personnel practices
|
Subpart B—Employment and Retention Chapter 33—Examination, Selection, and Placement
Subchapter I—Examination, Certification and Appointment
| |
§ 3301
|
Civil service; generally
|
Subpart D—Pay and Allowances
Chapter 57—Travel, Transportation, And Subsistence
Subchapter II—Travel And Transportation Expenses; New Appointees, Student Trainees, And Transferred Employees
| |
§ 5737
|
Relocation expenses of an employee who is performing an extended assignment
|
Chapter 59—Allowances
Subchapter III—Overseas Differentials And Allowances
| |
§ 5922
|
General provisions
|
Subpart G—Insurance and Annuities
Chapter 90—Long-term Care Insurance
| |
§ 9001
|
Definitions
| |
§ 9002
|
Availability of insurance
| |
§ 9003
|
Contracting authority
| |
Title 6—Domestic Security
| |
Chapter 1—Homeland Security Organization
| |
§ 331
|
Treatment of charitable trusts for members of the armed services and other governmental organizations
| |
Title 10—Armed Forces
|
Subtitle A—General Military Law
Part I—Organization and General Military Powers
Chapter 2—Department of Defense
| |
§ 118a
|
Quadrennial quality of life review
|
Part II—Personnel
Chapter 55—Medical and Dental Care
| |
§ 1108
|
Health care coverage through federal employees’ health benefits program: demonstration project
|
Chapter 73—Annuities based on Retired or Retainer Pay
Subchapter II—Survivor Benefit Plan
| |
§ 1448a
|
Election to discontinue participation: one-year opportunity after second anniversary of commencement of payment of retired pay
|
Chapter 88—Military Family Care Programs and Military Child Care
Subchapter II—Military Child Care
| |
§ 1798
|
Child care services and youth program services for dependents: financial assistance for providers
| |
Title 37—Pay and Allowances of The Uniformed Services
| |
Chapter 7—Allowances
| |
§ 403
|
Basic allowance for housing
| |
§ 407
|
Travel and transportation allowances: dislocation allowance
| |
§ 411f
|
Travel and transportation allowances: transportation for survivors of deceased member to attend the member’s burial ceremonies
| |
§ 427
|
Family separation allowance
|
CATEGORY 5—EMPLOYMENT BENEFITS AND RELATED STATUTORY PROVISIONS
|
Title 29—Labor
|
Chapter 30—Workforce Investment Systems
Subchapter I—Workforce Investment Definitions
| |
§ 2801
|
Definitions
| |
Subchapter IV—National Programs
| |
§ 2918
|
National emergency grants
| |
Title 30—Mineral Lands and Mining
|
Chapter 25—Surface Mining Control and Reclamation
Subchapter VII—Administrative and Miscellaneous Provisions
| |
§ 1304
|
Surface owner protection
| |
Title 42—The Public Health and Welfare
|
Chapter 46—Justice System Improvement
Subchapter XII—Public Safety Officers' Death Benefits
Part B—Educational Assistance to Dependents of Civilian Federal Law Enforcement Officers Killed or Disabled in the Line of Duty
| |
§ 3796d
|
Purposes
| |
§ 3796d-1
|
Basic eligibility
|
Chapter 84—Department of Energy
Subchapter XVI—Energy Employees Occupational Illness Compensation Program
| |
§ 7384s
|
Compensation and benefits to be provided
| |
§ 7384u
|
Separate treatment of certain uranium employees
| |
§ 7385c
|
Exclusivity of remedy against the United States and against contractors and subcontractors
|
CATEGORY 6—IMMIGRATION, NATURALIZATION, AND ALIENS
|
Title 8—Aliens and Nationality
|
Chapter 12—Immigration and Nationality
Subchapter II—Immigration
Part II—Admission Qualifications For Aliens; Travel Control of Citizens And Aliens
| |
§ 1183a
|
Requirements for sponsor’s affidavit of support
| |
Part IV—Inspection, Apprehension, Examination, Exclusion, and Removal
| |
§ 1227
|
General classes of deportable aliens
| |
§ 1229a
|
Removal proceedings
| |
§ 1229b
|
Cancellation of removal; adjustment of status
| |
§ 1229c
|
Voluntary departure
| |
Part IX—Miscellaneous
| |
§ 1367
|
Penalties for disclosure of information
| |
§ 1375
|
Mail-order bride business
|
Chapter 14—Restricting Welfare and Public Benefits for Aliens
Subchapter IV—General Provisions
| |
§ 1641
|
Definitions
|
Chapter 15—Enhanced Border Security and Visa Entry Reform
Subchapter V—Foreign Students and Exchange Visitors
| |
§ 1761
|
Foreign student monitoring program
| |
Title 19—Customs Duties
| |
Chapter 24—Bipartisan Trade Promotion
| |
§ 3805note
|
United States—Chile Free Trade Agreement Implementation Act
|
CATEGORY 7--INDIANS
|
Title 25—Indians
| |
Chapter 18—Indian Health Care | |
Subchapter II—Health Services
| |
§ 1621h
|
Mental health services
| |
Chapter 24—Indian Land Consolidation
| |
§ 2206
|
Descent and distribution
| |
§ 2216
|
Trust and restricted land transactions
| |
Chapter 43—Native American Housing Assistance and Self-Determination
| |
§ 4103
|
Definitions
| |
Subchapter VIII—Housing Assistance for Native Hawaiians
| |
§ 4221
|
Definitions
|
CATEGORY 8—TRADE, COMMERCE, AND INTELLECTUAL PROPERTY
|
Title 12—Banks and Banking
| |
Chapter 13—National Housing
| |
§ 1701q
|
Supportive housing for the elderly
| |
Subchapter II—Mortgage Insurance
| |
§ 1707
|
Definitions
| |
§ 1713
|
Rental housing insurance
| |
§ 1715e
|
Cooperative housing insurance
| |
Chapter 17—Bank Holding Companies
| |
§ 1841
|
Definitions
|
Chapter 31—National Consumer Cooperative Bank
Subchapter I—Establishment and Operation
| |
§ 3015
|
Eligibility of cooperatives
| |
Chapter 32—Foreign Bank Participation in Domestic Markets
| |
§ 3106a
|
Compliance with state and federal laws
| |
Title 15—Commerce and Trade
| |
Chapter 14A—Aid to Small Business
| |
§ 632
|
Small business concern
|
Chapter 14B—Small Business Investment Program
Subchapter V—Loans to State and Local Development Companies
| |
§ 696
|
Loans for plant acquisition, construction, conversion, and expansion
|
Chapter 41—Consumer Credit Protection
Subchapter IV—Equal Credit Opportunity
| |
§ 1691
|
Scope of prohibition
|
CATEGORY 9—FINANCIAL DISCLOSURE AND CONFLICT OF INTEREST
|
Title 7—Agriculture
|
Chapter 50—Agricultural Credit
Subchapter VI—Delta Regional Authority
| |
§ 2009aa-1
|
Delta Regional Authority
| |
Subchapter VII— Northern Great Plains Regional Authority
| |
§ 2009bb-1
|
Northern Great Plains Regional Authority
| |
Subchapter IX—Rural Strategic Investment Program
| |
§ 2009dd-3
|
National Board on rural America
|
CATEGORY 10—CRIMES AND FAMILY VIOLENCE
|
Title 18—Crimes and Criminal Procedure
|
Part I—Crimes
Chapter 46—Forfeiture
| |
§ 983
|
General rules for civil forfeiture proceedings
| |
Chapter 110A—Domestic Violence
| |
§ 2261A
|
Interstate stalking
| |
Title 20
|
Chapter 28—Higher Education Resources and Student Assistance
Subchapter VIII—Miscellaneous
| |
§ 1152
|
Grants to combat violent crimes against women on campuses
| |
Title 28—Judiciary and Judicial Procedure
|
Part V—Procedure
Chapter 115—Evidence; Documentary
| |
§ 1738C
|
Certain acts, records, and proceedings and the effect thereof
| |
Title 42—The Public Health And Welfare
|
Chapter 135—Violent Crime Control and Law Enforcement
Subchapter III—Violence against Women
Subpart 3—Rural Domestic Violence and Child Abuse Enforcement
Part C—Civil Rights for Women
| |
§ 13981
|
Civil rights
|
Part D—Equal Justice for Women in the Courts Act
Subpart 1—Education and Training for Judges and Court Personnel in State Courts
| |
§ 13992
|
Training provided by grants
|
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
| |
§ 6674
|
Participation agreement and financial assistance
|
Subchapter VII—Bilingual Education, Language Enhancement, and Language Acquisition Programs
Part B—Native Hawaiian Education
| |
§ 7512
|
Findings
| |
Title 22—Foreign Relations and Intercourse
|
Chapter 75—Chemical Weapons Convention Implementation
Subchapter I—General Provisions
| |
§ 6713
|
Civil liability of the United States
|
Category 5—Employment Benefits and Related Statutory Provisions
|
Subject
|
1997 Statutory Citation
|
Status
| |
Youth training program for the disadvantaged
|
29 U.S.C. § 1644
|
Repealed by Pub. L. No. 105-220, § 199(b)(2), effective July 1, 2000, 112 Stat. 1059.
| |
Job Corps—Allowances and support
|
29 U.S.C. § 1699
|
Repealed by Pub. L. No. 105-220, § 199(b)(2), effective July 1, 2000, 112 Stat. 1059.
| |
Labor market information
|
29 U.S.C. § 1752
|
Repealed by Pub. L. No. 105-220, § 199(b)(2), effective July 1, 2000, 112 Stat. 1059.
|
Category 6—Immigration, Naturalization, and Aliens
|
Subject
|
1997 Statutory Citation
|
Status
| |
Suspension of deportation of aliens
|
8 U.S.C. § 1251
|
Repealed by Pub. L. No. 104-208, § 308(b)(7), Sep. 30, 1996, 110 Stat. 3009-615.
|
Category 9—Financial Disclosure and Conflict of Interest
|
Subject
|
1997 Statutory Citation
|
Status
| |
Alternative Agricultural Research and Commercialization Corporation—Board of Directors, Employees, and Facilities
|
7 U.S.C. § 5903 |
Repealed by Pub. L. No. 107-171, § 6201(a), May 13, 2002, 116 Stat. 418.
|
Category 10—Crimes and Family Violence
|
Subject
|
1997 Statutory Citation
|
Status
| |
Interstate violation of a protection order
|
18 U.S.C. § 2262
|
Amended by Pub. L. 106-386, § 1107, Oct. 28, 2000, 114 Stat. 1464; reference to marital status removed.
| |
Narcotic addict rehabilitation— definitions
|
42 U.S.C. § 3411
|
Repealed by Pub. L. No. 106-310, § 3405(b), Oct. 17, 2000, 114 Stat. 1221.
| |
Model state leadership grants for domestic violence intervention
|
42 U.S.C. § 10415
|
Repealed by Pub. L. No. 108-36, § 410, June 25, 2003, 117 Stat. 827.
|
Category 11—Loans, Guarantees, and Payments in Agriculture
|
Subject
|
1997 Statutory Citation
|
Status
| |
Paul Douglas Teaching Scholarships—exceptions to repayment provisions
|
20 U.S.C. § 1104g
|
Amended by Pub. L. No. 105-244, § 501, October 7, 1998, 112 Stat. 1581; reference to marital status removed.
| |
Faculty Development Fellowship Program—exceptions to repayment provisions
|
20 U.S.C. § 1134r-5
|
Repealed by Pub. L. No. 105-244, § 701, October 7, 1998,112 Stat. 1581.
|
Category 13—Miscellaneous Statutory Provisions
|
Subject
|
1997 Statutory Citation
|
Status
| |
Vocational education state plans
|
20 U.S.C. § 2323
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Amended by Pub. L. No. 105-332, § 1(b), October 31, 1998,112 Stat. 3076; reference to marital status removed.
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Vocational education definitions
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20 U.S.C. § 2471
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Amended by Pub. L. No. 105-332, § 1(b), October 31, 1998, 112 Stat. 3076; reference to marital status removed.
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Agricultural Hall of Fame
|
36 U.S.C. § 977
|
Amended by Pub. L. No. 105-354, § 1, Aug. 12, 1998, 112 Stat. 3238; reference to marital status removed.
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Audits of Federally Chartered Corporations
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36 U.S.C. § 1101
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Amended by Pub. L. No. 105-225, § 1, Aug. 12, 1998, 112 Stat. 1253; reference to marital status removed.
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Gold Star Wives of America
|
36 U.S.C. § 1602
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Amended by Pub. L. No. 105-225, § 1, Aug. 12, 1998, 112 Stat. 1253; replaced provision’s reference to “gold wives” with “corporation”. (The name of the organization continues to be the Gold Star Wives of America.)
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Navy Wives Clubs of America
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36 U.S.C. § 2802
|
Amended by Pub. L. No. 105-225, § 1, Aug. 12, 1998, 112 Stat. 1436; replaced provision’s reference to “Navy Wives” with “corporation”. (The name of the organization continues to be the Navy Wives Clubs of America.)
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Aviation Hall of Fame
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36 U.S.C. § 4307 and § 4309
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Amended by Pub. L. No. 105-225, § 1, Aug. 12, 1998, 112 Stat. 1312. These provisions’ references to “survivors” were deleted.
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Membership of Martin Luther King, Jr., Federal Holiday Commission
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36 U.S.C. § 169j-3
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Repealed by Pub. L. No. 105-225, § 6, Aug. 12, 1998, 112 Stat. 1253.
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Testing and other early intervention services for state prisoners
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42 U.S.C. § 300ff-48
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Repealed by Pub. L. No. 106-345, § 301(a), Oct. 20, 2000, 114 Stat. 1345.
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Programs for older Americans— Demonstration projects
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42 U.S.C. § 3035a
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Provision was omitted by Pub. L. No. 106-501, Nov. 13, 2001, 114 Stat. 2257.
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APPENDIX 3
Tables of Statutory Provisions Identified in 1997 Report as Involving Marital
Status That Have Been Relocated in the United States Code
Category 1—Social Security and Related Programs, Housing, and Food Stamps
|
Subject
|
1997 Statutory Citation
|
Status
| |
Alien’s eligibility for benefits
|
42 U.S.C. § 615
|
Relocated to 42 U.S.C. § 608(f)
|
Category 2—Veterans’ Benefits
|
Subject
|
1997 Statutory Citation
|
Status
| |
Medical care for survivors and dependents of certain veterans
|
38 U.S.C. § 1713
|
Relocated to 38 U.S.C. § 1781
|
Category 4—Federal Civilian and Military Service Benefits
|
Subject
|
1997 Statutory Citation
|
Status
| |
House of Representatives Child Care Center
|
40 U.S.C. § 184g
|
Relocated to 2 U.S.C. § 2062
| |
National Oceanic and Atmospheric Administration commissary privileges
|
33 U.S.C. § 857-4
|
Relocated to 33 U.S.C. § 3074
| |
Gratuities for survivors of deceased House employees; computation
|
40 U.S.C. § 166b-4
|
Relocated to 2 U.S.C. § 125
| |
Senate employee child care benefits
|
40 U.S.C. § 214d
|
Relocated to 2 U.S.C. § 2063
|
Category 5—Employment Benefits and Related Statutory Provisions
|
Subject
|
1997 Statutory Citation
|
Status
| |
Job training partnership—definitions
|
29 U.S.C. § 1503
|
Relocated to 29 U.S.C. § 2801
|
Category 6—Immigration, Naturalization, and Aliens
|
Subject
|
1997 Statutory Citation
|
Status
| |
Deportable aliens
|
8 U.S.C. § 1251
|
Relocated to 8 U.S.C. § 1227
|
Category 7—Indians
|
Subject
|
1997 Statutory Citation
|
Status
| |
Indian land consolidation—Descent and distribution
|
25 U.S.C. § 2205
|
Relocated to 25 U.S.C. § 2206
|
Category 9—Financial Disclosure and Conflict of Interest
|
Subject
|
1997 Statutory Citation
|
Status
| |
Appalachian Regional Commission—personal financial interests
|
40 U.S.C. § 108
|
Relocated to 40 U.S.C. § 14309
|
Category 10—Crimes and Family Violence
|
Subject
|
1997 Statutory Citation
|
Status
| |
Family violence prevention and Services—definitions
|
40 U.S.C. § 10408
|
Relocated to 40 U.S.C. § 10421
|
Category 13—Miscellaneous Statutory Provisions
|
Subject
|
1997 Statutory Citation
|
Status
| |
Marine Corps League
|
36 U.S.C. § 57a
|
Relocated to chapter 2301 § 140102
| |
Veterans of Foreign Wars of the United States
|
36 U.S.C. § 113
|
Relocated to chapter 2301 § 230102
| |
Legion of Valor of the United States of America
|
36 U.S.C. § 633
|
Relocated to chapter 1303 § 130302
| |
Veterans of World War I of the United States of America
|
36 U.S.C. § 763
|
Relocated to chapter 2303 § 230302
| |
The Congressional Medal of Honor Society of the United States
|
36 U.S.C. § 793 and § 799
|
Relocated to chapter 405 § 40502 and § 40506
| |
Blinded Veterans Association
|
36 U.S.C. § 859
|
Relocated to chapter 303 § 30307
| |
National Woman’s Relief Corps, Auxiliary to the Grand Army of the Republic
|
36 U.S.C. § 1005
|
Relocated to chapter 1537 § 153703
| |
Gold Star Wives of America
|
36 U.S.C. § 1601
|
Relocated to chapter 805 § 80502
| |
American Ex-Prisoners of War
|
36 U.S.C. § 2103 | Relocated to chapter 209 § 20903
| |
Catholic War Veterans of the United States of America, Inc.
|
36 U.S.C. § 2603
|
Relocated to chapter 401 § 40103
| |
Navy Wives Clubs of America
|
36 U.S.C. §2801 and § 2803
|
Relocated to chapter 1545, § 154502 and §154503.
| |
Army and Navy Union of the United States
|
36 U.S.C. § 3903
|
Relocated to chapter 229 § 22903
| |
Non-Commissioned Officers Association of the United States
|
36 U.S.C. § 4003
|
Relocated to chapter 1547 § 4003
| |
Retired Enlisted Association, Incorporated
|
36 U.S.C. § 5103
|
Relocated to chapter 1903 § 190303
| |
National Fallen Firefighters Foundation
|
36 U.S.C. § 5201
|
Relocated to Chapter 1513 § 151302
| |
Public Health Service grants for services of substance abusers
|
42 U.S.C. § 280d
|
Relocated to 42 U.S.C. § 290bb-25
| |
Programs for older Americans— state plans
|
42 U.S.C. § 3035
|
Relocated to 42 U.S.C. § 3027
|
|
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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.
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