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 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.
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 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.
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.
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.
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.
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).
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.
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.
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.
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.
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.
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.
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).
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.
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.
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.
Category 6--Immigration, Naturalization, and Aliens:
Subject: Deportable aliens;
8 U.S.C. § 1251;
Status: Relocated to 8 U.S.C. § 1227.
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.
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.
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.
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.
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).
WHAT
YOU CAN DO:
Get
involved with your National and State equality organizations:
The
Human Rights Campaign
HRC
State Listings:
