List of Federal Marriage Laws - 2003
from the U.S. General Accounting Office
© October 23, 2005, Demian


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 acknowledgements, 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 During the same period, 31 statutory provisions involving marital status were repealed or amended in such a way as to eliminate marital status as a factor.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 http://www.gao.gov.

If you have any questions, please contact me at (202) 512-8208 or by E-mail at shahd@gao.gov. Behn Miller Kelly and Richard Burkard made key contributions to this project.

Sincerely yours,

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 Amended by Pub. L. No. 105-332, § 1(b), October 31, 1998,112 Stat. 3076; reference to marital status removed.
Vocational education definitions 20 U.S.C. § 2471 Amended by Pub. L. No. 105-332, § 1(b), October 31, 1998, 112 Stat. 3076; reference to marital status removed.
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.
Audits of Federally Chartered Corporations 36 U.S.C. § 1101 Amended by Pub. L. No. 105-225, § 1, Aug. 12, 1998, 112 Stat. 1253; reference to marital status removed.
Gold Star Wives of America 36 U.S.C. § 1602 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.)
Navy Wives Clubs of America 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.)
Aviation Hall of Fame 36 U.S.C. § 4307 and § 4309 Amended by Pub. L. No. 105-225, § 1, Aug. 12, 1998, 112 Stat. 1312. These provisions’ references to “survivors” were deleted.
Membership of Martin Luther King, Jr., Federal Holiday Commission 36 U.S.C. § 169j-3 Repealed by Pub. L. No. 105-225, § 6, Aug. 12, 1998, 112 Stat. 1253.
Testing and other early intervention services for state prisoners 42 U.S.C. § 300ff-48 Repealed by Pub. L. No. 106-345, § 301(a), Oct. 20, 2000, 114 Stat. 1345.
Programs for older Americans— Demonstration projects 42 U.S.C. § 3035a Provision was omitted by Pub. L. No. 106-501, Nov. 13, 2001, 114 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

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. § 2103Relocated 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


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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