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entitled 'Defense of Marriage Act: Update to Prior Report' which was 
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January 23, 2004:

The Honorable Bill Frist:

Majority Leader:

United States Senate:

Subject: Defense of Marriage Act: Update to Prior Report:

Dear Senator Frist:

The Defense of Marriage Act (DOMA) provides definitions of "marriage" 
and "spouse" that are to be used in construing the meaning of a federal 
law and, thus, affect the interpretation of a wide variety of federal 
laws in which marital status is a factor.[Footnote 1] In 1997, we 
issued a report identifying 1,049 federal statutory provisions 
classified to the United States Code in which benefits, rights, and 
privileges are contingent on marital status or in which marital status 
is a factor.[Footnote 2] In preparing the 1997 report, we limited our 
search to laws enacted prior to September 21, 1996, the date DOMA was 
signed into law. Recently, you asked us to update our 1997 compilation.

We have identified 120 statutory provisions involving marital status 
that were enacted between September 21, 1996, and December 31, 2003. 
During the same period, 31 statutory provisions involving marital 
status were repealed or amended in such a way as to eliminate marital 
status as a factor. Consequently, as of December 31, 2003, our research 
identified a total of 1,138 federal statutory provisions classified to 
the United States Code in which marital status is a factor in 
determining or receiving benefits, rights, and privileges.

To prepare the updated list, we used the same research methods and 
legal databases that we employed in 1997. Accordingly, the same caveats 
concerning the completeness of our collection of laws apply to this 
updated compilation, as explained more fully in our prior report. For 
example, because of the inherent limitations of any global electronic 
search and 
the many ways in which the laws of the United States Code may deal with 
marital status, we cannot guarantee that we have captured every 
individual law in the United States Code in which marital status 
figures. However, we believe that the probability is high that the 
updated list identifies federal programs in the United States Code in 
which marital status is a factor.

We have organized our research using the same 13 subject categories as 
the 1997 report. As agreed with your staff, in addition to providing 
you with a primary table of new statutory provisions involving marital 
status, we have prepared a second table identifying those provisions in 
our prior report that subsequently have been repealed or amended in a 
manner that eliminates marital status as a factor. Finally, in a third 
table, we have listed those provisions identified in our 1997 report 
that have since been relocated to a different section of the United 
States Code. We have also attached a brief summary of the 13 research 
categories; a full description of each category is set forth in the 
1997 report.

We plan no further distribution of this report until 30 days after the 
date of this letter. At that time, we will send copies of this letter 
to interested congressional committees. The letter will also be 
available on GAO's home page at http://www.gao.gov.

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

Sincerely yours,

Signed by: 

Dayna K. Shah:

Associate General Counsel:

[End of section]

Appendix 1: Table of Statutory Provisions Involving Marital Status 
Added to the United States Code Between September 21, 1996, and 
December 31, 2003, by Category:

CATEGORY 1--SOCIAL SECURITY AND RELATED PROGRAMS, HOUSING, AND FOOD 
STAMPS:

Title 42 - The Public Health and Welfare: 

Chapter 6A--Public Health Service; Subchapter II; Part D--Primary 
Health Care; Subpart I--Health Centers: 

 254d; National Health Service Corps.

Subchapter IV--Grants to States for Aid and Services to Needy Families 
with Children and for Child-Welfare Services.

Part B--Child and Family Services; Subpart 2--Promoting Safe and 
Stable Families: 

 629a; Definitions.

Subchapter XI--General Provisions, Peer Review, and Administrative 
Simplification; Part A--General Provisions: 

 1320a-7; Exclusion of certain individuals and entities from 
participation in Medicare and state health care programs; 
 1320b-17; Recovery of SSI overpayments from other benefits.

Part C--Medicare + Choice Program: 

 1395w-22; Benefits and beneficiary protections; 
 1395w-23; Payments to Medicare + Choice organizations; 
 1395w-27; Contracts with Medicare + Choice organizations.

Part D--Miscellaneous Provisions: 

 1395x; Definitions: 
 1395ff; Determinations; appeals.

Chapter 35--Programs for Older Americans; Subchapter III--Grants for 
States and Community Programs on Aging; Part C--Nutrition Services; 
Subpart III--General Provisions: 

 3030g-21; General provisionsnutrition; 
 3030s; Definitions.

Chapter 46--Justice System Improvement; Subchapter XII--F--Public 
Safety Officers' Death Benefits; Part A--Death Benefits: 

 3796d; Purposes; 
 3796d-1; Basic eligibility.

Subchapter XII--H--Grants to Combat Violent Crimes against Women: 

 3796gg-1; State grants.

Chapter 84--Department of Energy; Part A--Establishment of 
Compensation Program and Compensation Fund; Subchapter XVI--Energy 
Employees Occupational Illness Compensation Program: 

 7384s; Compensation and benefits to be provided; 
 7384u; Separate treatment of certain uranium employees.

Part C--Treatment, Coordination, and Forfeiture of Compensation and 
Benefits: 

 7385c; Exclusivity of remedy against the United States and against 
contractors and; subcontractors.

Chapter 110--Family Violence Prevention and Services: 

 10410; Grants for state domestic violence coalitions; 
 10421; Definitions.

Chapter 129--National and Community Service; Subchapter I--National 
and Community Service State Grant Program; Division F--Administrative 
Provisions: 

 12639; Evaluation.

Chapter 130--National Affordable Housing; Subchapter I--General 
Provisions and Policies: 

 12704; Definitions; 
12713; Eligibility under first-time home-buyer programs.

Chapter 136--Violent Crime Control and Law Enforcement; Subchapter 
III- -Violence against Women; Part C--Civil Rights for Women: 

 13981; Civil rights; 
 13992; Training provided by grants.

Chapter 143--Intercountry Adoptions; Subchapter V--General Provisions: 

 14952; Special rules for certain cases.

[End of table]

CATEGORY 2--VETERANS' BENEFITS:

Title 38--Veterans' Benefits: 

Part II--General Benefits; Chapter 17--Hospital, Nursing Home, 
Domiciliary, and Medical Care; Subchapter II--Hospital, Nursing Home, 
Or Domiciliary Care and Medical Treatment: 

 1710B; Extended care services.

Subchapter VIII--Health Care of Persons other than Veterans: 

 1781; Medical care for survivors and dependents of certain veterans.

Chapter 18--Benefits for Children of Vietnam Veterans; Subchapter III- 
-General Provisions: 

 1821; Definitions.

Chapter 19--Insurance; Subchapter III--Servicemembers' Group Life 
Insurance: 

 1967; Person insured; amount; 
 1969; Deductions; payment; investment; expenses.

Chapter 23--Burial Benefits: 

 2306; Headstones, markers, and burial receptacles.

Part III--Readjustment and Related Benefits; Chapter 30--All-Volunteer 
Force Educational Assistance Program; Subchapter II--Basic Educational 
Assistance: 

 3020; Transfer of entitlement to basic educational assistance: 
members of the Armed Forces with critical military skills.

Chapter 42--Employment and Reemployment Rights of Members of the 
Uniformed Services: 

 4215; Priority of service for veterans in Department of Labor job 
training programs.

Part IV--General Administrative Provisions; Chapter 53--Special 
Provisions Relating to Benefits: 

 5302; Waiver of recovery of claims by the United States; 
 5313B; Prohibition on providing certain benefits with respect to 
persons who are fugitive felons.

Part V--Boards, Administrations, and Services; Chapter 77--Veterans 
Benefits Administration; Subchapter II--Veterans Outreach Services 
Program: 

 7721; Purpose; definitions.

[End of table]

CATEGORY 3--TAXATION:

Title 26--Internal Revenue Code.

Subtitle A--Income Taxes; Chapter 1--Normal Taxes and Surtaxes; 
Subchapter A--Determination of Tax Liability; Part IV--Credits Against 
Tax; Subpart A--Nonrefundable Personal Credits: 

 24; Child tax credit: 

25A; Hope and lifetime learning credits: 

 25B; Tax imposed on individuals.

Subchapter B--Computation of Taxable Income; Part III--Items 
Specifically Excluded from Gross Income: 

 101; Certain death benefits.

Part VII--Additional Itemized Deductions for Individuals: 

 138; Medicare + Choice MSA: 

 221; Interest on education loans.

Subchapter D--Deferred Compensation, Etc.; Part I--Pension, Profit-
Sharing, Stock Bonus Plans, Etc.; Subpart A--General Rule: 

 408A; Roth IRAs.

Subchapter F--Exempt Organizations; Part VIII--Higher Education 
Savings Entities: 

 529; Qualified tuition programs: 

 530; Coverdell education savings accounts.

Subchapter K--Partners and Partnerships; Part IV--Special Rules for 
Electing Large Partnerships: 

 774; Other modifications; 
 775; Electing large partnership defined.

Subchapter O--Gain or Loss on Disposition of Property; Part II--Basis 
Rules of General Application: 

 1022; Treatment of property acquired by decedent dying after 
December 31, 2009.

Subchapter W--District of Columbia Enterprise Zone: 

 1400C; First-time home-buyer credit for District of Columbia.

Subtitle B--Estate and Gift Taxes; Chapter 11--Estate Tax; Subchapter 
A--Estates Of Citizens Or Residents; Part IV--Taxable Estate: 

 2057; Family-owned business interests.

Subchapter C--Miscellaneous: 

 2210; Termination.

Chapter 12--Gift Tax; Subchapter B--Transfers: 

 2511; Transfers in general.

Chapter 13--Tax on Generation-Skipping Transfers; Subchapter D--GST 
Exemption: 

 2632; Special rules for allocation of GST exemption.

Subtitle F--Procedure and Administration; Chapter 61--Information and 
Returns; Subchapter A--Returns and Records; Part II--Tax Returns or 
Statements; Subpart B--Income Tax Returns: 

 6015; Relief from joint and several liability on joint return.

Part III--Information Returns; Subpart B--Information Concerning 
Transactions with Other Persons: 

 6045; Returns of brokers.

Chapter 62--Time and Place for Paying Tax; Subchapter A--Place and Due 
Date for Payment of Tax: 

 6159; Agreements for payment of tax liability in installments.

Chapter 63--Assessment; Subchapter C--Tax Treatment of Partnership 
Items: 

 6230; Additional administrative provisions.

Chapter 66--Limitations; Subchapter B--Limitations on Credit or 
Refund: 

 6511; Limitations on credit or refund.

[End of table]

CATEGORY 4--FEDERAL CIVILIAN AND MILITARY SERVICE BENEFITS:

Title 5--Government Organization and Employees.

Part III--Employees; Subpart A--General Provisions; Chapter 23--Merit 
system principles: 

 2301; Merit system principles: 

 2302; Prohibited personnel practices.

Subpart B--Employment and Retention; Chapter 33--Examination, 
Selection, and Placement; Subchapter I--Examination, Certification and 
Appointment: 

 3301; Civil service; generally.

Subpart D--Pay and Allowances; Chapter 57--Travel, Transportation, And 
Subsistence; Subchapter II--Travel And Transportation Expenses; New 
Appointees, Student Trainees, And Transferred Employees: 

 5737; Relocation expenses of an employee who is performing an 
extended assignment.

Chapter 59--Allowances; Subchapter III--Overseas Differentials And 
Allowances: 

 5922; General provisions.

Subpart G--Insurance and Annuities; Chapter 90--Long-term Care 
Insurance: 

 9001; Definitions; 
 9002; Availability of insurance; 
 9003; Contracting authority.

Title 6--Domestic Security.

Chapter 1--Homeland Security Organization: 

 331; Treatment of charitable trusts for members of the armed 
services and other governmental organizations.

Title 10--Armed Forces.

Subtitle A--General Military Law; Part I--Organization and General 
Military Powers; Chapter 2--Department of Defense: 

 118a; Quadrennial quality of life review.

Part II--Personnel; Chapter 55--Medical and Dental Care: 

 1108; Health care coverage through federal employees' health 
benefits program: demonstration project.

Chapter 73--Annuities based on Retired or Retainer Pay; Subchapter II- 
-Survivor Benefit Plan: 

 1448a; Election to discontinue participation: one-year opportunity 
after second anniversary of commencement of payment of retired pay.

Chapter 88--Military Family Care Programs and Military Child Care; 	 Subchapter II--Military Child Care: 

 1798; Child care services and youth program services for dependents: 
financial assistance for providers.

Title 37--Pay and Allowances of The Uniformed Services.

Chapter 7--Allowances: 

 403; Basic allowance for housing; 
 407; Travel and transportation allowances: dislocation allowance; 
 411f; Travel and transportation allowances: transportation for 
survivors of deceased member to attend the member's burial 
ceremonies; 
 427; Family separation allowance.

[End of table]

CATEGORY 5--EMPLOYMENT BENEFITS AND RELATED STATUTORY PROVISIONS:

Title 29--Labor.

Chapter 30--Workforce Investment Systems; Subchapter I--Workforce 
Investment Definitions: 

 2801; Definitions.

Subchapter IV--National Programs: 

 2918; National emergency grants.

Title 30--Mineral Lands and Mining.

Chapter 25--Surface Mining Control and Reclamation; Subchapter VII-- 
Administrative and Miscellaneous Provisions: 

 1304; Surface owner protection.

Title 42--The Public Health and Welfare.

Chapter 46--Justice System Improvement; Subchapter XII--Public Safety 
Officers' Death Benefits; Part B--Educational Assistance to Dependents 
of Civilian Federal Law Enforcement Officers Killed or Disabled in the 
Line of Duty: 

 3796d; Purposes; 
 3796d-1; Basic eligibility.

Chapter 84--Department of Energy; Subchapter XVI--Energy Employees 
Occupational Illness Compensation Program: 

 7384s; Compensation and benefits to be provided; 
 7384u; Separate treatment of certain uranium employees; 
 7385c; Exclusivity of remedy against the United States and against 
contractors and subcontractors.

[End of table]

CATEGORY 6--IMMIGRATION, NATURALIZATION, AND ALIENS:

Title 8--Aliens and Nationality.

Chapter 12--Immigration and Nationality; Subchapter II--Immigration; 
Part II--Admission Qualifications fFor Aliens; Travel Control of 
Citizens And Aliens: 

 1183a; Requirements for sponsor's affidavit of support.

Part IV--Inspection, Apprehension, Examination, Exclusion, and 
Removal: 

 1227; General classes of deportable aliens; 
 1229a; Removal proceedings; 
 1229b; Cancellation of removal; adjustment of status; 
 1229c; Voluntary departure.

Part IX--Miscellaneous: 

 1367; Penalties for disclosure of information; 
 1375; Mail-order bride business.

Chapter 14--Restricting Welfare and Public Benefits for Aliens; 
Subchapter IV--General Provisions: 

 1641; Definitions.

Chapter 15--Enhanced Border Security and Visa Entry Reform; Subchapter 
V--Foreign Students and Exchange Visitors: 

 1761; Foreign student monitoring program.

Title 19--Customs Duties.

Chapter 24--Bipartisan Trade Promotion: 

 3805note; United States--Chile Free Trade Agreement Implementation 
Act.

[End of table]

CATEGORY 7--INDIANS:

Title 25--Indians.

Chapter 18--Indian Health Care.

Subchapter II--Health Services: 

 1621h: Mental health services.

Chapter 24--Indian Land Consolidation: 

 2206; Descent and distribution: 

 2216; Trust and restricted land transactions.

Chapter 43--Native American Housing Assistance and Self-Determination: 

 4103; Definitions.

Subchapter VIII--Housing Assistance for Native Hawaiians: 

 4221; Definitions.

[End of table]

CATEGORY 8--TRADE, COMMERCE, AND INTELLECTUAL PROPERTY:

Title 12--Banks and Banking.

Chapter 13--National Housing: 

 1701q; Supportive housing for the elderly.

Subchapter II--Mortgage Insurance: 

 1707; Definitions; 
 1713; Rental housing insurance: 

 1715e; Cooperative housing insurance.

Chapter 17--Bank Holding Companies: 

 1841; Definitions.

Chapter 31--National Consumer Cooperative Bank; Subchapter I-- 
Establishment and Operation: 

 3015; Eligibility of cooperatives.

Chapter 32--Foreign Bank Participation in Domestic Markets: 

 3106a; Compliance with state and federal laws.

Title 15--Commerce and Trade.

Chapter 14A--Aid to Small Business: 

 632; Small business concern.

Chapter 14B--Small Business Investment Program; Subchapter V--Loans to 
State and Local Development Companies: 

 696; Loans for plant acquisition, construction, conversion, and 
expansion.

Chapter 41--Consumer Credit Protection; Subchapter IV--Equal Credit 
Opportunity: 

 1691; Scope of prohibition.

[End of table]

CATEGORY 9--FINANCIAL DISCLOSURE AND CONFLICT OF INTEREST:

Title 7--Agriculture.

Chapter 50--Agricultural Credit; Subchapter VI--Delta Regional 
Authority: 

 2009aa-1; Delta Regional Authority.

Subchapter VII--Northern Great Plains Regional Authority: 

 2009bb-1; Northern Great Plains Regional Authority.

Subchapter IX--Rural Strategic Investment Program: 

 2009dd-3; National Board on rural America.

[End of table]

CATEGORY 10--CRIMES AND FAMILY VIOLENCE:

Title 18--Crimes and Criminal Procedure.

Part I--Crimes; Chapter 46--Forfeiture: 

 983; General rules for civil forfeiture proceedings.

Chapter 110A--Domestic Violence: 

 2261A; Interstate stalking.

Title 20.

Chapter 28--Higher Education Resources and Student Assistance; 
Subchapter VIII--Miscellaneous: 

 1152; Grants to combat violent crimes against women on campuses.

Title 28--Judiciary and Judicial Procedure.

Part V--Procedure; Chapter 115--Evidence; Documentary: 

 1738C; Certain acts, records, and proceedings and the effect 
thereof.

Title 42--The Public Health And Welfare.

Chapter 135--Violent Crime Control and Law Enforcement; Subchapter 
III- -Violence against Women; Subpart 3--Rural Domestic Violence and 
Child Abuse Enforcement; Part C--Civil Rights for Women: 

 13981; Civil rights.

Part D--Equal Justice for Women in the Courts Act; Subpart 1--
Education and Training for Judges and Court Personnel in State 
Courts: 

 13992; Training provided by grants.

[End of table]

CATEGORY 11--LOANS, GUARANTEES, AND PAYMENTS IN AGRICULTURE:

No new provisions in this category of statutes.

[End of table]

CATEGORY 12--FEDERAL NATURAL RESOURCES AND RELATED STATUTORY 
PROVISIONS:

No new provisions in this category of statutes.

[End of table]

CATEGORY 13--MISCELLANEOUS STATUTORY PROVISIONS:

Title 20--Education.

Chapter 70--Strengthening and Improvement of Elementary and Secondary 
Schools; Subchapter II--Preparing, Training, and Recruiting High 
Quality Teachers and Principals; Part C--Innovation for Teacher 
Quality; Subpart 1--Transition to Teaching: 

 6674; Participation agreement and financial assistance.

Subchapter VII--Bilingual Education, Language Enhancement, and 
Language Acquisition Programs; Part B--Native Hawaiian Education: 

 7512; Findings.

Title 22--Foreign Relations and Intercourse.

Chapter 75--Chemical Weapons Convention Implementation; Subchapter I-- 
General Provisions: 

 6713; Civil liability of the United States.

[End of table]

APPENDIX 2:

APPENDIX 2: Tables of Statutory Provisions Identified in 1997 Report 
as Involving Marital Status That Have Been Repealed or Amended to 
Remove Reference to Marital Status:

Category 1--Social Security and Related Programs, Housing, and Food 
Stamps:

Subject: Regulations pertaining to garnishments; 
1997 Statutory Citation: 42 U.S.C. 661-662; 
Status: Repealed by Pub. L. No. 104-193;  362(b)(1), effective 
February 22, 1997, 110 Stat. 2246.

[End of table]

Category 3--Taxation:

Subject: Collapsible corporations; 
1997 Statutory Citation: 26 U.S.C.  341; 
Status: Repealed by Pub. L. No. 108- 27;  302(e), May 28, 2003, 117 
Stat. 763.

Subject: Rollover of gain on sale of principal residence; 
1997 Statutory Citation: 26 U.S.C.  1034; 
Status: Repealed by Pub. L. No. 105-34;  312(b), Aug. 5, 1997, 111 
Stat. 839.

Subject: Tax on excess distribution from qualified retirement plans; 
1997 Statutory Citation: 26 U.S.C.  4980A; 
Status: Repealed by Pub. L. No. 105-34;  1073(a), Aug. 7, 1997, 111 
Stat. 948.

[End of table]

Category 4--Federal Civilian and Military Service Benefits:

Subject: Employment of retired members of the uniformed services; 
reduction in retired or retainer pay; 
1997 Statutory Citation: 5 U.S.C.  5532; 
Status: Repealed by Pub. L. No. 106- 65;  651(a)(1), Oct. 1, 1999, 
113 Stat. 664.

Subject: Assistance to separated members to obtain certification and 
employment as teachers or employment as teachers' aides; 
1997 Statutory Citation: 10 U.S.C.  1151; 
Status: Repealed by Pub. L. No. 106-655;  1707(a)(1), Oct. 5, 1999, 
113 Stat. 823.

Subject: Military child care employees; 
1997 Statutory Citation: 10 U.S.C.  1792; 
Status: Amended by Pub. L. No. 105-261;  1106, Oct. 17, 1998, 112 
Stat. 2142; 
reference to marital status removed.

Subject: Job training partnership, application of federal law; 
1997 Statutory Citation: 29 U.S.C.  1706; 
Status: Repealed by Pub. L. No. 105-220;  199(b) (2), effective July 
1, 2000, 112 Stat. 1059.

Subject: Rights, benefits, privileges, and immunities; 
exercise of authority of Secretary of Commerce or designee (National 
Ocean Survey employees); 
1997 Statutory Citation: 33 U.S.C.  857a; 
Status: Repealed by Pub. L. No. 107-372;  271(2), Dec. 19, 2002, 116 
Stat. 3094 and replaced with similar provisions that omit any 
reference to marital status. See 33 U.S.C. 3071 (National Oceanic and 
Atmospheric Administration Commissioned Officer Corps - Rights and 
benefits).

[End of table]

Category 5--Employment Benefits and Related Statutory Provisions:

Subject: Youth training program for the disadvantaged; 
1997 Statutory Citation: 29 U.S.C.  1644; 
Status: Repealed by Pub. L. No. 105-220;  199(b)(2), effective July 
1, 2000, 112 Stat. 1059.

Subject: Job Corps--Allowances and support; 
1997 Statutory Citation: 29 U.S.C.  1699; 
Status: Repealed by Pub. L. No. 105-220;  199(b)(2), effective July 
1, 2000, 112 Stat. 1059.

Subject: Labor market information; 
1997 Statutory Citation: 29 U.S.C.  1752; 
Status: Repealed by Pub. L. No. 105-220;  199(b)(2), effective July 
1, 2000, 112 Stat. 1059.

[End of table]

Category 6--Immigration, Naturalization, and Aliens:

Subject: Suspension of deportation of aliens; 
1997 Statutory Citation: 8 U.S.C.  1251; 
Status: Repealed by Pub. L. No. 104-208;  308(b)(7), Sep. 30, 1996, 
110 Stat. 3009-615.

[End of table]

Category 9--Financial Disclosure and Conflict of Interest:

Subject: Alternative Agricultural Research and Commercialization 
Corporation-- Board of Directors, Employees, and Facilities; 
1997 Statutory Citation: 7 U.S.C.  5903; 
Status: Repealed by Pub. L. No. 107-171;  6201(a), May 13, 2002, 116 
Stat. 418.

[End of table]

Category 10--Crimes and Family Violence:

Subject: Interstate violation of a protection order; 
1997 Statutory Citation: 18 U.S.C.  2262; 
Status: Amended by Pub. L. 106-386,  1107, Oct. 28, 2000, 114 Stat. 
1464; 
reference to marital status removed.

Subject: Narcotic addict rehabilitation--definitions; 
1997 Statutory Citation: 42 U.S.C.  3411; 
Status: Repealed by Pub. L. No. 106-310;  3405(b), Oct. 17, 2000, 114 
Stat. 1221.

Subject: Model state leadership grants for domestic violence 
intervention; 
1997 Statutory Citation: 42 U.S.C.  10415; 
Status: Repealed by Pub. L. No. 108-36,  410, June 25, 2003, 117 
Stat. 827.

[End of table]

Category 11--Loans, Guarantees, and Payments in Agriculture:

Subject: Paul Douglas Teaching Scholarships--exceptions to repayment 
provisions; 
1997 Statutory Citation: 20 U.S.C.  1104g; 
Status: Amended by Pub. L. No. 105-244,  501, October 7, 1998, 112 
Stat. 1581; 
reference to marital status removed.

Subject: Faculty Development Fellowship Program--exceptions to 
repayment provisions; 
1997 Statutory Citation: 20 U.S.C.  1134r-5; 
Status: Repealed by Pub. L. No. 105-244,  701, October 7, 1998,
112 Stat. 1581.

[End of table]

Category 13--Miscellaneous Statutory Provisions:

Subject: Vocational education state plans; 
1997 Statutory Citation: 20 U.S.C.  2323; 
Status: Amended by Pub. L. No. 105-332,  1(b), October 31, 1998, 
112 Stat. 3076; 
reference to marital status removed.

Subject: Vocational education definitions; 
1997 Statutory Citation: 20 U.S.C.  2471; 
Status: Amended by Pub. L. No. 105-332,  1(b), October 31, 1998, 
112 Stat. 3076; 
reference to marital status removed.

Subject: Agricultural Hall of Fame; 
1997 Statutory Citation: 16 U.S.C.  977; 
Status: Amended by Pub. L. No. 105- 354,  1, Aug. 12, 1998, 112 Stat. 
3238; 
reference to marital status removed.

Subject: Audits of Federally Chartered Corporations; 
1997 Statutory Citation: 16 U.S.C.  1101; 
Status: Amended by Pub. L. No. 105-225,  1, Aug. 12, 1998, 112 Stat. 
1253; reference to marital status removed.

Subject: Gold Star Wives of America; 
1997 Statutory Citation: 16 U.S.C.  1602; 
Status: Amended by Pub. L. No. 105-225,  1, Aug. 12, 1998, 112 Stat. 
1253; replaced provision's reference to "gold wives" with 
"corporation". (The name of the organization continues to be the Gold 
Star Wives of America.). 

Subject: Navy Wives Clubs of America; 
1997 Statutory Citation: 16 U.S.C.  2802; 
Status: Amended by Pub. L. No. 105-225,  1, Aug. 12, 1998, 112 Stat. 
1436; 
replaced provision's reference to "Navy Wives" with "corporation". 
(The name of the organization continues to be the Navy Wives Clubs of 
America.). 

Subject: Aviation Hall of Fame; 
1997 Statutory Citation: 16 U.S.C.  4307 and  4309; 
Status: Amended by Pub. L. No. 105-225,  1, Aug. 12, 1998, 112 Stat. 
1312. These provisions' references to "survivors" were deleted. 

Subject: Membership of Martin Luther King, Jr., Federal Holiday 
Commission; 
1997 Statutory Citation: 16 U.S.C.  169j-3; 
Status: Repealed by Pub. L. No. 105-225,  6, Aug. 12, 1998, 112 Stat. 
1253. 

Subject: Testing and other early intervention services for state 
prisoners; 
1997 Statutory Citation: 42 U.S.C.  300ff-48; 
Status: Repealed by Pub. L. No. 106-345;  301(a), Oct. 20, 2000, 114 
Stat. 1345. 

Subject: Programs for older Americans--Demonstration projects; 
1997 Statutory Citation: 42 U.S.C.  3035a; 
Status: Provision was omitted by Pub. L. No. 106-501, Nov. 13, 2001, 
114 Stat. 2257.

[End of table]

APPENDIX 3:

Tables of Statutory Provisions Identified in 1997 Report as Involving 
Marital Status That Have Been Relocated in the United States Code:

Category 1--Social Security and Related Programs, Housing, and Food 
Stamps:

Subject: Alien's eligibility for benefits; 
1997 Statutory Citation: 42 U.S.C.  615; 
Status: Relocated to 42 U.S.C.  608(f).

[End of table]

Category 2--Veterans' Benefits:

Subject: Medical care for survivors and dependents of certain 
veterans; 
1997 Statutory Citation: 18 U.S.C.  1713; 
Status: Relocated to 38 U.S.C.  1781.

[End of table]

Category 4--Federal Civilian and Military Service Benefits:

Subject: House of Representatives Child Care Center; 
1997 Statutory Citation: 40 U.S.C.  184g; 
Status: Relocated to 2 U.S.C.  2062. 

Subject: National Oceanic and Atmospheric Administration commissary 
privileges; 
1997 Statutory Citation: 13 U.S.C.  857-4; 
Status: Relocated to 33 U.S.C.  3074. 

Subject: Gratuities for survivors of deceased House employees; 
computation; 
1997 Statutory Citation: 40 U.S.C.  166b-4; 
Status: Relocated to 2 U.S.C.  125. 

Subject: Senate employee child care benefits; 
1997 Statutory Citation: 40 U.S.C.  214d; 
Status: Relocated to 2 U.S.C.  2063.

[End of table]

Category 5--Employment Benefits and Related Statutory Provisions:

Subject: Job training partnership--definitions; 
1997 Statutory Citation: 29 U.S.C.  1503; 
Status: Relocated to 29 U.S.C.  2801.

[End of table]

Category 6--Immigration, Naturalization, and Aliens:

Subject: Deportable aliens; 
8 U.S.C.  1251; 
Status: Relocated to 8 U.S.C.  1227.

[End of table]

Category 7--Indians:

Subject: Indian land consolidation--Descent and distribution; 
1997 Statutory Citation: 25 U.S.C.  2205; 
Status: Relocated to 25 U.S.C.  2206.

[End of table]

Category 9--Financial Disclosure and Conflict of Interest:

Subject: Appalachian Regional Commission--personal financial 
interests; 
1997 Statutory Citation: 40 U.S.C.  108; 
Status: Relocated to 40 U.S.C.  14309.

[End of table]

Category 10--Crimes and Family Violence:

Subject: Family violence prevention and Services--definitions; 
1997 Statutory Citation: 40 U.S.C.  10408; 
Status: Relocated to 40 U.S.C.  10421.

[End of table]

Category 13--Miscellaneous Statutory Provisions:

Subject: Marine Corps League; 
1997 Statutory Citation: 16 U.S.C.  57a; 
Status: Relocated to chapter 2301;  140102. 

Subject: Veterans of Foreign Wars of the United States; 
1997 Statutory Citation: 16 U.S.C.  113; 
Status: Relocated to chapter 2301;  230102. 

Subject: Legion of Valor of the United States of America; 
1997 Statutory Citation: 16 U.S.C.  633; 
Status: Relocated to chapter 1303;  130302. 

Subject: Veterans of World War I of the United States of America; 
1997 Statutory Citation: 16 U.S.C.  763; 
Status: Relocated to chapter 2303;  230302. 

Subject: The Congressional Medal of Honor Society of the United 
States; 
1997 Statutory Citation: 16 U.S.C.  793 and  799; 
Status: Relocated to chapter 405;  40502 and  40506. 

Subject: Blinded Veterans Association; 
1997 Statutory Citation: 16 U.S.C.  859; 
Status: Relocated to chapter 303;  30307. 

Subject: National Woman's Relief Corps, Auxiliary to the Grand Army of 
the Republic; 
1997 Statutory Citation: 16 U.S.C.  1005; 
Status: Relocated to chapter 1537;  153703. 

Subject: Gold Star Wives of America; 
1997 Statutory Citation: 16 U.S.C.  1601; 
Status: Relocated to chapter 805;  80502. 

Subject: American Ex-Prisoners of War; 
1997 Statutory Citation: 16 U.S.C.  2103; 
Status: Relocated to chapter 209;  20903. 

Subject: Catholic War Veterans of the United States of America, Inc.; 
1997 Statutory Citation: 16 U.S.C.  2603; 
Status: Relocated to chapter 401;  40103. 

Subject: Navy Wives Clubs of America; 
1997 Statutory Citation: 16 U.S.C. 2801 and  2803; 
Status: Relocated to chapter 1545,  154502 and 154503. 

Subject: Army and Navy Union of the United States; 
1997 Statutory Citation: 16 U.S.C.  3903; 
Status: Relocated to chapter 229;  22903. 

Subject: Non-Commissioned Officers Association of the United States; 
1997 Statutory Citation: 16 U.S.C.  4003; 
Status: Relocated to chapter 1547;  4003. 

Subject: Retired Enlisted Association, Incorporated; 
1997 Statutory Citation: 16 U.S.C.  5103; 
Status: Relocated to chapter 1903;  190303. 

Subject: National Fallen Firefighters Foundation; 
1997 Statutory Citation: 16 U.S.C.  5201; 
Status: Relocated to Chapter 1513;  151302. 

Subject: Public Health Service grants for services of substance 
abusers; 
1997 Statutory Citation: 42 U.S.C.  280d; 
Status: Relocated to 42 U.S.C.  290bb-25. 

Subject: Programs for older Americans--state plans; 
1997 Statutory Citation: 42 U.S.C.  3035; 
Status: Relocated to 42 U.S.C.  3027. 

[End of table]

APPENDIX 4:

CATEGORIES OF STATUTORY PROVISIONS:

CATEGORY 1--SOCIAL SECURITY AND RELATED PROGRAMS, HOUSING, AND:

FOOD STAMPS:

This category includes the major federal health and welfare programs, 
particularly those considered entitlements, such as Social Security 
retirement and disability benefits, food stamps, welfare, and Medicare 
and Medicaid. Most of these provisions are found in Title 42 of the 
United States Code, Public Health and Welfare; food stamp legislation 
is in Title 7, Agriculture.

CATEGORY 2--VETERANS' BENEFITS:

Veterans' benefits, which are codified in Title 38 of the United States 
Code, include pensions, indemnity compensation for service-connected 
deaths, medical care, nursing home care, right to burial in veterans' 
cemeteries, educational assistance, and housing. Husbands or wives of 
veterans have many rights and privileges by virtue of the marital 
relationship.

CATEGORY 3--TAXATION:

While the distinction between married and unmarried status is pervasive 
in federal tax law, terms such as "husband," "wife," or "married" are 
not defined. However, marital status figures in federal tax law in 
provisions as basic as those giving married taxpayers the option to 
file joint or separate income tax returns. It is also seen in the 
related provisions prescribing different tax consequences, depending on 
whether a taxpayer is married filing jointly, married filing 
separately, unmarried but the head of a household, or unmarried and not 
the head of a household.

CATEGORY 4--FEDERAL CIVILIAN AND MILITARY SERVICE BENEFITS:

This category includes statutory provisions dealing with current and 
retired federal officers and employees, members of the Armed Forces, 
elected officials, and judges, in which marital status is a factor. 
Typically these provisions address the various health, leave, 
retirement, survivor, and insurance benefits provided by the United 
States to those in federal service and their families.

CATEGORY 5--EMPLOYMENT BENEFITS AND RELATED PROVISIONS:

Marital status comes into play in many different ways in federal laws 
relating to employment in the private sector. Most provisions appear in 
Title 29 of the United States Code, Labor.

However, others are in Title 30, Mineral Lands and Mining; Title 33, 
Navigation and Navigable Waters; and Title 45, Railroads. This category 
includes laws that address the rights of employees under employer-
sponsored employee benefit plans; that provide for continuation of 
employer-sponsored health benefits after events like the death or 
divorce of the employee; and that give employees the right to unpaid 
leave in order to care for a seriously ill spouse. In addition, 
Congress has extended special benefits in connection with certain 
occupations, like mining and public safety.

CATEGORY 6--IMMIGRATION, NATURALIZATION, AND ALIENS:

This category includes federal statutory provisions governing the 
conditions under which noncitizens may enter and remain in the United 
States, be deported, or become citizens. Most are found in Title 8, 
Aliens and Nationality. The law gives special consideration to spouses 
of immigrant and nonimmigrant aliens in a wide variety of 
circumstances. Under immigration law, aliens may receive special status 
by virtue of their employment, and that treatment may extend to their 
spouses. Also, spouses of aliens granted asylum can be given the same 
status if they accompany or join their spouses.

CATEGORY 7--INDIANS:

The indigenous peoples of the United States have long had a special 
legal relationship with the federal government through treaties and 
laws that are classified to Title 25, Indians. Various laws set out the 
rights to tribal property of "white" men marrying "Indian" women, or of 
"Indian" women marrying "white" men. The law also outlines the descent 
and distribution rights for Indians' property. In addition, there are 
laws pertaining to health care eligibility for Indians and spouses and 
reimbursement of travel expenses of spouses and candidates seeking 
positions in the Indian Health Service.

CATEGORY 8--TRADE, COMMERCE, AND INTELLECTUAL PROPERTY:

This category includes provisions concerning foreign or domestic 
business and commerce, in the following titles of the United States 
Code: Bankruptcy, Title 11; Banks and Banking, Title:

12; Commerce and Trade, Title 15; Copyrights, Title 17; and Customs 
Duties, Title 19. This category also includes the National Housing Act 
(rights of mortgage borrowers); the Consumer Credit Protection Act 
(governs wage garnishment); and the Copyright Act (spousal copyright 
renewal and termination rights).

CATEGORY 9--FINANCIAL DISCLOSURE AND CONFLICT OF INTEREST:

Federal law imposes obligations on members of Congress, employees or 
officers of the federal government, and members of the boards of 
directors of some government-related or government chartered entities, 
to prevent actual or apparent conflicts of interest. These individuals 
are required to disclose publicly certain gifts, interests, and 
transactions. Many of these requirements, which are found in 16 
different titles of the United States Code, apply also to the 
individual's spouse.

CATEGORY 10--CRIMES AND FAMILY VIOLENCE:

This category includes laws that implicate marriage in connection with 
criminal justice or family violence. The nature of these provisions 
varies greatly. Some deal with spouses as victims of crimes, others 
with spouses as perpetrators. These laws are found primarily in Title 
18, Crimes and Criminal Procedure, but some statutory provisions, 
dealing with crime prevention and family violence, are in Title 42, 
Public Health and Welfare.

CATEGORY 11--LOANS, GUARANTEES, AND PAYMENTS IN AGRICULTURE:

Under many federal loan programs, a spouse's income, business 
interests, or assets are taken into account for purposes of determining 
a person's eligibility to participate in the program. In other 
instances, marital status is a factor in determining the amount of 
federal assistance to which a person is entitled or the repayment 
schedule. This category includes education loan programs, housing loan 
programs for veterans, and provisions governing agricultural price 
supports and loan programs that are affected by the spousal 
relationship.

CATEGORY 12--FEDERAL NATURAL RESOURCES AND RELATED PROVISIONS:

Federal law gives special rights to spouses in connection with a 
variety of transactions involving federal lands and other federal 
property. These transactions include purchase and sale of land by the 
federal government and lease by the government of water and mineral 
rights.

CATEGORY 13--MISCELLANEOUS PROVISIONS:

This category comprises federal statutory provisions that do not fit 
readily in any of the other 12 categories. Federal provisions that 
prohibit discrimination on the basis of marital status are included in 
this category. This category also includes various patriotic societies 
chartered in federal law, such as the Veterans of Foreign Wars or the 
Gold Star Wives of America.

FOOTNOTES

[1] The Defense of Marriage Act defines "marriage" as "a legal union 
between one man and one woman as husband and wife"; it defines "spouse" 
as referring "only to a person of the opposite sex who is a husband or 
a wife." The Act requires that these definitions apply "[i]n 
determining the meaning of any Act of Congress, or of any ruling, 
regulation, or interpretation of the various administrative bureaus and 
agencies of the United States." 1 U.S.C.  7. 

[2] U.S. General Accounting Office, Defense of Marriage Act, GAO/OGC-
97-16 (Washington, D.C.: January 31, 1997).