IB 

Union Calendar No. 239 

111TH CONGRESS 

2D SESSION H. R. 2517 

[Report No. 111–400, Part I] 

To provide certain benefits to domestic partners of Federal employees. 

IN THE HOUSE OF REPRESENTATIVES 

MAY 20, 2009 

Ms. BALDWIN (for herself, Ms. ROS-LEHTINEN, Mr. BERMAN, Mr. CAPUANO, 

Mr. ELLISON, Mr. ENGEL, Ms. HARMAN, Mr. HOLT, Mr. KENNEDY, Mr. 

LANGEVIN, Mrs. MALONEY, Ms. MATSUI, Ms. MCCOLLUM, Mr. 

MCDERMOTT, Ms. MOORE of Wisconsin, Mr. MORAN of Virginia, Mr. 

NADLER of New York, Ms. NORTON, Ms. SCHAKOWSKY, Mr. SERRANO, 

Mr. SHERMAN, Ms. SUTTON, Mr. TIERNEY, Ms. WASSERMAN SCHULTZ, 

Mr. WU, Mr. CUMMINGS, Mr. KUCINICH, Ms. VELA ́ZQUEZ, Mr. WAXMAN, 

Ms. BERKLEY, Mrs. CAPPS, Mr. MOORE of Kansas, Mr. WEINER, Mr. 

CONNOLLY of Virginia, Mr. HASTINGS of Florida, Mr. PASTOR of Arizona, Mr. WELCH, Ms. WOOLSEY, Mr. MCGOVERN, Ms. ZOE LOFGREN

of California, Mrs. DAVIS of California, Mr. GRIJALVA, Ms. KILPATRICK

of Michigan, Mr. STARK, Mr. DINGELL, Mr. GEORGE MILLER of California, Mr. SARBANES, Mr. ROTHMAN of New Jersey, Mr. CROWLEY, Mr. 

WEXLER, Mr. FARR, Ms. LINDA T. SA ́NCHEZ of California, Mr. CARSON

of Indiana, Ms. DEGETTE, Mr. DELAHUNT, Mr. JACKSON of Illinois, Mr. 

MICHAUD, Mrs. LOWEY, Ms. ESHOO, Mr. GUTIERREZ, Mr. POLIS of Colorado, Mr. ACKERMAN, Mr. FILNER, Mr. CLYBURN, and Mr. QUIGLEY) 

introduced the following bill; which was referred to the Committee on 

Oversight and Government Reform, and in addition to the Committees 

on House Administration and the Judiciary, for a period to be subsequently determined by the Speaker, in each case for consideration of such 

provisions as fall within the jurisdiction of the committee concerned 

JANUARY 22, 2010 

Reported from the Committee on Oversight and Government Reform with an 

amendment 


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[Strike out all after the enacting clause and insert the part printed in italic] 

JANUARY 22, 2010 

Referral to the Committees on House Administration and the Judiciary 

extended for a period ending not later than January 29, 2010 

JANUARY 29, 2010 

Additional sponsors: Ms. CLARKE, Mr. HINCHEY, Mr. ISRAEL, Mr. MEEK of 

Florida, Mr. LARSON of Connecticut, Mr. SESTAK, Mr. DEFAZIO, Mr. 

FRANK of Massachusetts, Mr. ABERCROMBIE, Mr. PALLONE, Ms. KILROY, Mr. JOHNSON of Georgia, Mr. HARE, Ms. SCHWARTZ, Mr. 

BLUMENAUER, Mr. VAN HOLLEN, Ms. DELAURO, Mr. BAIRD, Mr. 

COHEN, Mr. ADLER of New Jersey, Ms. EDWARDS of Maryland, Mr. 

BISHOP of New York, Mr. GONZALEZ, Mr. DOGGETT, Mr. HODES, Mr. 

LARSEN of Washington, Ms. HIRONO, Mr. INSLEE, Ms. WATSON, Mr. 

HONDA, Mr. YARMUTH, Mr. ANDREWS, Ms. FUDGE, Mr. LEVIN, Mr. 

BECERRA, Ms. LORETTA SANCHEZ of California, Mr. BRALEY of Iowa, 

Mr. LOEBSACK, Mr. WALZ, Mr. MASSA, Mr. SIRES, Ms. LEE of California, Mr. MCMAHON, Mr. MURPHY of Connecticut, Mr. SCOTT of Virginia, Mr. MAFFEI, Ms. GIFFORDS, Ms. PINGREE of Maine, Mr. PETERS, 

Ms. TSONGAS, Mr. OLVER, Ms. SPEIER, Mr. LEWIS of Georgia, Mr. 

TONKO, Mr. DOYLE, Ms. CHU, Ms. JACKSON LEE of Texas, Mr. PRICE

of North Carolina, Mr. RYAN of Ohio, Mr. COURTNEY, Mrs. 

NAPOLITANO, Mr. CLAY, Mr. PIERLUISI, Mr. BACA, Mr. RUSH, Mr. 

SMITH of Washington, Mr. HALL of New York, Mr. PAYNE, Mr. DAVIS

of Illinois, Mr. LUJA ́N, Ms. TITUS, Ms. WATERS, Mr. SCHIFF, Mr. 

PERLMUTTER, Ms. SHEA-PORTER, and Ms. ROYBAL-ALLARD

JANUARY 29, 2010 

The Committees on House Administration and the Judiciary discharged; committed to the Committee of the Whole House on the State of the Union 

and ordered to be printed 

[For text of introduced bill, see copy of bill as introduced on May 20, 2009] 

A BILL 

To provide certain benefits to domestic partners of Federal 

employees. 


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1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE; REFERENCES; TABLE OF CON4 TENTS. 

5 (a) SHORT TITLE.—This Act may be cited as the ‘‘Do6 mestic Partnership Benefits and Obligations Act of 2009’’. 

7 (b) REFERENCES.—Except as otherwise expressly pro8 vided, whenever in this Act an amendment or repeal is ex9 pressed in terms of an amendment to, or a repeal of, a sec10 tion or other provision, the reference shall be considered to 

11 be made to a section or other provision of title 5, United 

12 States Code. 

13 (c) TABLE OF CONTENTS.—The table of contents of this 

14 Act is as follows: 

Sec. 1. Short title; references; table of contents. 

TITLE I—DOMESTIC PARTNERSHIPS 

Sec. 101. Domestic partnerships. 

TITLE II—CIVIL SERVICE RETIREMENT SYSTEM 

Sec. 201. Definitions. 

Sec. 202. Creditable service. 

Sec. 203. Computation of annuity. 

Sec. 204. Cost-of-living adjustment of annuities. 

Sec. 205. Survivor annuities. 

Sec. 206. Lump-sum benefits; designation of beneficiary; order of precedence. 

Sec. 207. Alternative forms of annuities. 

Sec. 208. Administration; regulations. 

Sec. 209. Participation in the Thrift Savings Plan. 

TITLE III—FEDERAL EMPLOYEES’ RETIREMENT SYSTEM 

Sec. 301. Definitions. 

Sec. 302. Creditable service. 

Sec. 303. Survivor reduction for a current spouse or a current domestic partner. 

Sec. 304. Survivor reduction for a former spouse or former domestic partner. 

Sec. 305. Survivor elections; deposit; offsets. 

Sec. 306. Survivor reductions; computation. 


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Sec. 307. Insurable interest reductions. 

Sec. 308. Alternative forms of annuities. 

Sec. 309. Lump-sum benefits; designation of beneficiary; order of precedence. 

Sec. 310. Annuities: methods of payment; election; purchase. 

Sec. 311. Protections for spouses, domestic partners, former spouses, and former 

domestic partners. 

Sec. 312. Justices and judges. 

Sec. 313. Survivor annuities: definitions. 

Sec. 314. Rights of a widow, widower, or surviving partner. 

Sec. 315. Rights of a former spouse or former domestic partner. 

Sec. 316. Authority of the Office of Personnel Management. 

Sec. 317. Cost-of-living adjustments. 

Sec. 318. Fiduciary responsibilities; liability and penalties. 

TITLE IV—INSURANCE BENEFITS 

Sec. 401. Life insurance. 

Sec. 402. Health insurance. 

Sec. 403. Enhanced dental benefits. 

Sec. 404. Enhanced vision benefits. 

Sec. 405. Long-term care insurance. 

TITLE V—TRAVEL, TRANSPORTATION, AND SUBSISTENCE 

Sec. 501. Reimbursement for taxes incurred on money received for travel expenses. 

Sec. 502. Relocation expenses of employees transferred or reemployed. 

Sec. 503. Taxes on reimbursements for travel, transportation, and relocation expenses of employees transferred. 

Sec. 504. Relocation expenses of an employee who is performing an extended assignment. 

TITLE VI—COMPENSATION FOR WORK INJURIES 

Sec. 601. Definitions. 

Sec. 602. Death gratuity for injuries incurred in connection with employee’s service with an Armed Force. 

Sec. 603. Beneficiaries of awards unpaid at death; order of precedence. 

Sec. 604. Augmented compensation for dependents. 

Sec. 605. Limitations on right to receive compensation. 

Sec. 606. Compensation in case of death. 

Sec. 607. Lump-sum payment. 

Sec. 608. Regulations. 

Sec. 609. Effective date. 

TITLE VII—PROVISIONS RELATING TO EMPLOYMENT OF RELATIVES 

AND OTHER MATTERS 

Sec. 701. Employment of relatives; restrictions. 

Sec. 702. Settlement of accounts. 

Sec. 703. Benefits for captives. 

Sec. 704. Compensation for disability or death. 

Sec. 705. Family and medical leave. 

TITLE VIII—ADDITIONAL PROVISIONS 

Sec. 801. Applicability. 

Sec. 802. Regulations. 


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TITLE IX—AMENDMENT TO THE ETHICS IN GOVERNMENT ACT OF 

1978 

Sec. 901. Amendment to the Ethics in Government Act of 1978. 

TITLE X—REPORTING REQUIREMENTS 

Sec. 1001. Report of the president. 

Sec. 1002. GAO report. 

1 TITLE I—DOMESTIC 

2 PARTNERSHIPS 

3 SEC. 101. DOMESTIC PARTNERSHIPS. 

4 (a) IN GENERAL.—Chapter 21 is amended by adding 

5 at the end the following: 

6 ‘‘§ 2110. Domestic partnerships 

7 ‘‘(a) ESTABLISHMENT.—To establish the existence of a 

8 domestic partnership, between an employee, former em9 ployee, or annuitant and another individual, for purposes 

10 of the provisions of law to which this section applies, the 

11 employee, former employee, or annuitant (as the case may 

12 be) shall be required to file an affidavit, in such form and 

13 manner as the Office of Personnel Management shall by reg14 ulation prescribe, attesting to the following: 

15 ‘‘(1) Both individuals are members of the same 

16 sex. 

17 ‘‘(2) Both individuals are at least 18 years of 

18 age and competent to contract. 

19 ‘‘(3) The filing employee, former employee, or 

20 annuitant (as the case may be) has notified the other 

21 individual of the filing of the affidavit attesting that 


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1 their partnership satisfies the requirements of this 

2 subsection. 

3 ‘‘(4) Such individuals are in a domestic partner4 ship with one another and intend to remain so indefi5 nitely. 

6 ‘‘(5) Such individuals— 

7 ‘‘(A) have a common residence; or 

8 ‘‘(B) do not have a common residence be9 cause of financial, employment-related, or other 

10 reasons, as identified in the affidavit. 

11 ‘‘(6) Neither individual is married to or in a do12 mestic partnership with anyone outside of the domes13 tic partnership referred to in paragraph (4). 

14 ‘‘(7) The 2 individuals share responsibility for a 

15 significant measure of each other’s common welfare 

16 and financial obligations. 

17 ‘‘(8) The 2 individuals are not related in a way 

18 that, if they were of the opposite sex, would prohibit 

19 legal marriage in the jurisdiction in which either in20 dividual resides. 

21 ‘‘(9) The filing employee, former employee, or 

22 annuitant (as the case may be) understands that will23 ful falsification of information set forth in the affi24 davit or failure to provide appropriate notification of 

25 the termination of the domestic partnership may lead 


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1 to the recovery of amounts obtained as a result of 

2 such falsification or failure (as the case may be), 

3 criminal or other penalties, and (in appropriate 

4 cases) disciplinary action. 

5 An affidavit shall not be effective for purposes of this section 

6 unless the filing individual is an employee, former em7 ployee, or annuitant as of the time of filing. No 2 individ8 uals shall, for purposes of the provisions of law to which 

9 this section applies, be treated as being in a domestic part10 nership with one another unless there is in effect, in accord11 ance with regulations prescribed by the Office, an affidavit 

12 filed in accordance with the preceding provisions of this 

13 subsection. An affidavit so filed shall remain in effect until 

14 the earlier of the date of the death of either individual or 

15 the date as of which the domestic partnership is otherwise 

16 terminated, as determined under such regulations. 

17 ‘‘(b) DOMESTIC PARTNER.—For purposes of the provi18 sions of law to which this section applies, the term ‘domestic 

19 partner’ means an individual who is in a domestic partner20 ship, as described in subsection (a). 

21 ‘‘(c) EMPLOYEE DEFINED.—For purposes of this sec22 tion, the term ‘employee’ means an employee as defined by 

23 section 2105, an employee of a nonappropriated fund in24 strumentality of the Department of Defense or the Coast 

25 Guard (as described in section 2105(c)), an employee of the 


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1 United States Postal Service or of the Postal Regulatory 

2 Commission (as described in section 2105(e)), a Member of 

3 Congress, a member of the commissioned corps of the Public 

4 Health Service, a member of the commissioned corps of the 

5 National Oceanic and Atmospheric Administration, and 

6 any other individual who is employed by the Government 

7 (as determined under regulations of the President or a des8 ignee thereof), but does not include a technician (within the 

9 meaning of section 8337(h) or, notwithstanding any provi10 sion of chapter 43 of title 38, a member of the armed forces. 

11 ‘‘(d) ANNUITANT DEFINED.—For purposes of this sec12 tion, the term ‘annuitant’ means— 

13 ‘‘(1) an annuitant within the meaning of section 

14 8331 or 8401; and 

15 ‘‘(2) as determined under regulations prescribed 

16 by the President or a designee thereof, any other indi17 vidual who is entitled to benefits (based on the service 

18 of such individual) under a retirement system for em19 ployees of the Government. 

20 ‘‘(e) CONFIDENTIALITY.—No individual may— 

21 ‘‘(1) use the information obtained under sub22 section (a) for any purpose other than the adminis23 tration of any provision of law to which this section 

24 applies; or 


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1 ‘‘(2) furnish any information obtained under 

2 subsection (a) to anyone, or permit anyone to exam3 ine or otherwise gain access to any such information, 

4 except for— 

5 ‘‘(A) an individual who needs such infor6 mation for a purpose that satisfies paragraph 

7 (1); or 

8 ‘‘(B) a member of the domestic partnership 

9 to which the information pertains or an author10 ized representative thereof. 

11 ‘‘(f) APPLICABILITY.—This section applies for pur12 poses of the provisions of this title (excluding chapter 81) 

13 and any provision of law identified in or under title VIII 

14 of the Domestic Partnership Benefits and Obligations Act 

15 of 2009.’’. 

16 (b) CLERICAL AMENDMENT.—The table of sections for 

17 chapter 21 is amended by adding at the end the following: 

‘‘2110. Domestic partnerships.’’. 

18 TITLE II—CIVIL SERVICE 

19 RETIREMENT SYSTEM 

20 SEC. 201. DEFINITIONS. 

21 Section 8331 is amended— 

22 (1) in paragraph (30), by striking ‘‘and’’ at the 

23 end; 

24 (2) in paragraph (31), by striking the period 

25 and inserting ‘‘; and’’; and 


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1 (3) by adding at the end the following: 

2 ‘‘(32) ‘former domestic partner’ means a former 

3 domestic partner of an individual— 

4 ‘‘(A) if such individual performed at least 

5 18 months of civilian service as an employee or 

6 Member; and 

7 ‘‘(B) if the former domestic partner was in 

8 a domestic partnership with such individual for 

9 at least 9 months.’’. 

10 SEC. 202. CREDITABLE SERVICE. 

11 Section 8332 is amended— 

12 (1) in subsection (c)(3)(C)(ii), by striking 

13 ‘‘former spouse.’’ and inserting ‘‘former spouse or 

14 former domestic partner.’’; and 

15 (2) in paragraphs (4) and (5) of subsection (o), 

16 by striking ‘‘spouse’’ each place it appears and insert17 ing ‘‘spouse, domestic partner,’’. 

18 SEC. 203. COMPUTATION OF ANNUITY. 

19 Section 8339 is amended— 

20 (1) in subsection (j)— 

21 (A) in paragraph (1)— 

22 (i) by inserting ‘‘(or domestic part23 ner)’’ after ‘‘the spouse’’ each place it ap24 pears; 


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1 (ii) by inserting ‘‘(or has a domestic 

2 partner)’’ after ‘‘is married’’; and 

3 (iii) by inserting ‘‘(or domestic part4 ner’s)’’ after ‘‘the spouse’s’’ each place it ap5 pears; 

6 (B) in paragraph (2), by inserting ‘‘(or 

7 former domestic partner)’’ after ‘‘former spouse’’ 

8 each place it appears; 

9 (C) in paragraph (3)— 

10 (i) in the first sentence— 

11 (I) by inserting ‘‘(or former do12 mestic partner)’’ after ‘‘former spouse’’ 

13 each place it appears; and 

14 (II) by inserting ‘‘(or being in a 

15 domestic partnership with)’’ after 

16 ‘‘based on marriage to’’; 

17 (ii) in the second sentence— 

18 (I) by inserting ‘‘(or the domestic 

19 partnership of the former domestic 

20 partner with)’’ after ‘‘the marriage of 

21 the former spouse to’’; and 

22 (II) by striking ‘‘is dissolved,’’ 

23 and inserting ‘‘is dissolved (or termi24 nated),’’; 


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1 (iii) in the sixth sentence, by striking 

2 ‘‘former spouse.’’ and inserting ‘‘former 

3 spouse (or former domestic partner).’’; 

4 (iv) in subparagraph (B)— 

5 (I) by striking ‘‘is then married,’’ 

6 and inserting ‘‘is then married (or is 

7 then in a domestic partnership),’’; and 

8 (II) by striking ‘‘the spouse’s 

9 written consent.’’ and inserting ‘‘the 

10 written consent of the spouse (or do11 mestic partner).’’; and 

12 (v) by amending the next to last sen13 tence to read as follows: ‘‘In the case of a 

14 retired employee or Member whose annuity 

15 is being reduced in order to provide a sur16 vivor annuity for a former spouse (or 

17 former domestic partner), an election to 

18 provide or increase a survivor annuity for 

19 any other former spouse (or any other 

20 former domestic partner), and to continue 

21 an appropriate reduction for that purpose, 

22 may be made within the same period that, 

23 and subject to the same conditions under 

24 which, an election could be made under 

25 paragraph (5)(B) for a current spouse (or a 


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1 current domestic partner), subject to the 

2 provisions of this paragraph relating to 

3 consent of a current spouse (or of a current 

4 domestic partner), if the retired employee or 

5 Member is then married (or in a domestic 

6 partnership).’’; and 

7 (D) by amending paragraph (5) to read as 

8 follows: 

9 ‘‘(5)(A) Any reduction in an annuity for the purpose 

10 of providing a survivor annuity for the current spouse (or 

11 the current domestic partner) of a retired employee or Mem12 ber shall be terminated for each full month— 

13 ‘‘(i) after the death of the spouse (or domestic 

14 partner), or 

15 ‘‘(ii) after the dissolution of the marriage of the 

16 spouse (or the termination of the domestic partner17 ship of the domestic partner) to the employee or Mem18 ber, 

19 except that an appropriate reduction shall be made there20 after if the spouse (or domestic partner) is entitled, as a 

21 former spouse (or former domestic partner), to a survivor 

22 annuity under section 8341(h). 

23 ‘‘(B) Any reduction in an annuity for the purpose of 

24 providing a survivor annuity for a former spouse (or a 

25 former domestic partner) of a retired employee or Member 


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1 shall be terminated for each full month after the former 

2 spouse remarries (or the former domestic partner enters into 

3 a subsequent domestic partnership) before reaching age 55 

4 or dies. This reduction shall be replaced by an appropriate 

5 reduction or reductions under paragraph (4) if the retired 

6 employee or Member has (i) another former spouse (or an7 other former domestic partner) who is entitled to a survivor 

8 annuity under section 8341(h), (ii) a current spouse to 

9 whom the employee or Member was married (or a current 

10 domestic partner with whom the employee or Member was 

11 in a domestic partnership) at the time of retirement and 

12 with respect to whom a survivor annuity was not jointly 

13 waived under paragraph (1), or (iii) a current spouse 

14 whom the employee or Member married (or a current do15 mestic partner with whom the employee or Member entered 

16 into domestic partnership) after retirement and with re17 spect to whom an election has been made under subpara18 graph (C) or subsection (k)(2). 

19 ‘‘(C)(i) Upon remarriage (or entry into a subsequent 

20 domestic partnership), a retired employee or Member who 

21 was married (or in a domestic partnership) at the time of 

22 retirement, including an employee or Member whose annu23 ity was not reduced to provide a survivor annuity for the 

24 employee’s or Member’s spouse or former spouse (or domes25 tic partner or former domestic partner) as of the time of 


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1 retirement, may irrevocably elect during such marriage (or 

2 domestic partnership), in a signed writing received by the 

3 Office— 

4 ‘‘(I) within 2 years after such remarriage (or 

5 such subsequent domestic partnership), or 

6 ‘‘(II) if later, within 2 years after— 

7 ‘‘(aa) the death or remarriage of any former 

8 spouse (or the death of or entry into a subsequent 

9 domestic partnership by any former domestic 

10 partner) of such employee or Member who was 

11 entitled to a survivor annuity under section 

12 8341(h), or 

13 ‘‘(bb) if there was more than 1, the death or 

14 remarriage of the last such surviving former 

15 spouse (or the death of or entry into a subsequent 

16 domestic partnership by the last such surviving 

17 former domestic partner), 

18 a reduction in the employee’s or Member’s annuity under 

19 paragraph (4) for the purpose of providing an annuity for 

20 such employee’s or Member’s spouse (or domestic partner) 

21 in the event such spouse (or domestic partner) survives the 

22 employee or Member. 

23 ‘‘(ii) Such election and reduction shall be effective the 

24 first day of the second month after the election is received 

25 by the Office, but not less than 9 months after the date of 


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1 the remarriage (or entry into the subsequent domestic part2 nership), and the retired employee or Member shall deposit 

3 in the Fund an amount determined by the Office of Per4 sonnel Management, as nearly as may be administratively 

5 feasible, to reflect the amount by which the annuity of such 

6 retired employee or Member would have been reduced if the 

7 election had been in effect since the date of retirement or, 

8 if later, the date the previous reduction in such retired em9 ployee’s or Member’s annuity was terminated under sub10 paragraph (A) or (B), plus interest. For the purposes of 

11 the preceding sentence, the annual rate of interest for each 

12 year during which an annuity would have been reduced if 

13 the election had been in effect on and after the applicable 

14 date referred to in such sentence shall be 6 percent. 

15 ‘‘(iii) The Office shall, by regulation, provide for pay16 ment of the deposit required under clause (ii) by a reduction 

17 in the annuity of the employee or Member. The reduction 

18 shall, to the extent practicable, be designed so that the 

19 present value of the future reduction is actuarially equiva20 lent to the deposit required under clause (ii), except that 

21 total reductions in the annuity of an employee or Member 

22 to pay deposits required by the provisions of this paragraph 

23 or paragraph (3) shall not exceed 25 percent of the annuity 

24 computed under subsections (a) through (i), (n), (q), and 

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1 tion required by this clause, which shall be effective on the 

2 same date as the election under clause (i), shall be perma3 nent and unaffected by any future dissolution of the mar4 riage (or termination of the domestic partnership). Such 

5 reduction shall be independent of and in addition to the 

6 reduction required under clause (i). 

7 ‘‘(iv) Notwithstanding any other provision of this sub8 paragraph, an election under this subparagraph may not 

9 be made for the purpose of providing an annuity in the 

10 case of a spouse by remarriage (or a domestic partner by 

11 a subsequent domestic partnership) if such spouse was mar12 ried to (or if such domestic partner was in a domestic part13 nership with) the employee or Member at the time of such 

14 employee’s or Member’s retirement, and all rights to sur15 vivor benefits for such spouse (or domestic partner) under 

16 this subchapter based on marriage (or domestic partner17 ship) to such employee or Member were then waived under 

18 paragraph (1) or a similar prior provision of law. 

19 ‘‘(v) An election to provide a survivor annuity to a 

20 person under this subparagraph— 

21 ‘‘(I) shall prospectively void any election made 

22 by the employee or Member under subsection (k)(1) 

23 with respect to such person; or 

24 ‘‘(II) shall, if an election was made by the em25 ployee or Member under such subsection (k)(1) with 


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1 respect to a different person, prospectively void such 

2 election if appropriate written application is made by 

3 such employee or Member at the time of making the 

4 election under this subparagraph. 

5 ‘‘(vi) The deposit provisions of clauses (ii) and (iii) 

6 shall not apply if— 

7 ‘‘(I) the employee or Member makes an election 

8 under this subparagraph after having made an elec9 tion under subsection (k)(1); and 

10 ‘‘(II) the election under subsection (k)(1) becomes 

11 void under clause (v).’’; 

12 (2) in subsection (k)— 

13 (A) in paragraph (1)— 

14 (i) by striking ‘‘a married employee or 

15 Member’’ and inserting ‘‘an employee or 

16 Member who is married (or in a domestic 

17 partnership)’’; and 

18 (ii) by inserting ‘‘(or domestic part19 ner)’’ after ‘‘spouse’’ each place it appears; 

20 (B) in paragraph (2)— 

21 (i) by striking the matter before sub22 paragraph (B) and inserting the following: 

23 ‘‘(2)(A) An employee or Member, who is unmarried 

24 (and not in a domestic partnership) at the time of retiring 

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1 duced annuity with a survivor annuity payable to such em2 ployee’s or Member’s spouse (or domestic partner) and who 

3 later marries (or enters into a domestic partnership), may 

4 irrevocably elect, in a signed writing received in the Of5 fice— 

6 ‘‘(i) within 2 years after such employee or Mem7 ber marries (or enters into a domestic partnership), 

8 or 

9 ‘‘(ii) if later, within 2 years after— 

10 ‘‘(I) the death or remarriage of any former 

11 spouse (or the death of or entry into a subsequent 

12 domestic partnership by any former domestic 

13 partner) of such employee or Member who was 

14 entitled to a survivor annuity under section 

15 8341(h), or 

16 ‘‘(II) if there was more than 1, the death (or 

17 entry into a subsequent domestic partnership) by 

18 the last such surviving former spouse (or sur19 viving former domestic partner), 

20 a reduction in the retired employee or Member’s current an21 nuity as provided in subsection (j).’’; 

22 (ii) in subparagraph (B)(i) (in the 

23 matter before subclause (I)), by striking 

24 ‘‘marriage.’’ and inserting ‘‘marriage (or 

25 entry into a domestic partnership).’’; 


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1 (iii) in subparagraph (B)(ii), by in2 serting ‘‘(or in a domestic partnership)’’ 

3 after ‘‘married’’; and 

4 (iv) in subparagraph (C), by striking 

5 ‘‘marriage.’’ and inserting ‘‘marriage (or 

6 domestic partnership).’’; and 

7 (3) in subsection (o)(1)— 

8 (A) in subparagraphs (A)(i) and (B)(i), by 

9 striking ‘‘is married,’’ and inserting ‘‘is married 

10 (or is in a domestic partnership),’’; and 

11 (B) in subparagraph (A) (in the matter fol12 lowing clause (ii)), by inserting ‘‘(or domestic 

13 partner)’’ after ‘‘spouse’’. 

14 SEC. 204. COST-OF-LIVING ADJUSTMENT OF ANNUITIES. 

15 Section 8340 is amended— 

16 (1) in subsection (a)— 

17 (A) by striking ‘‘and’’ at the end of para18 graph (1); 

19 (B) by striking the period at the end of 

20 paragraph (2) and inserting ‘‘; and’’; and 

21 (C) by adding at the end the following: 

22 ‘‘(3) the terms ‘widow’, ‘widower’, and ‘surviving 

23 partner’ have the respective meanings given them 

24 under section 8341.’’; and 

25 (2) in subsection (c)(1)— 


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1 (A) in the matter before subparagraph (A), 

2 by striking all after ‘‘who retires,’’ and before ‘‘of 

3 a deceased annuitant’’ and inserting ‘‘to the 

4 widow, widower, or former spouse (or the sur5 viving partner or former domestic partner) of a 

6 deceased employee or Member, or to the widow, 

7 widower, or former spouse (or the surviving 

8 partner or former domestic partner), or insur9 able interest designee’’; and 

10 (B) in subparagraph (B)(ii), by striking ‘‘a 

11 widow, widower, former spouse, or insurable in12 terest designee’’ and inserting ‘‘a widow, wid13 ower, or former spouse (or surviving partner or 

14 former domestic partner) or insurable interest 

15 designee’’. 

16 SEC. 205. SURVIVOR ANNUITIES. 

17 Section 8341 is amended— 

18 (1) in subsection (a)— 

19 (A) by redesignating paragraphs (3) and 

20 (4) as paragraphs (4) and (5), respectively; 

21 (B) by inserting after paragraph (2) the fol22 lowing: 

23 ‘‘(3) ‘surviving partner’ means the surviving do24 mestic partner of an employee or Member who— 


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1 ‘‘(A) was in a domestic partnership with 

2 such employee or Member for at least 9 months 

3 immediately before the death of such employee or 

4 Member; or 

5 ‘‘(B) satisfies such other requirement, based 

6 on parenthood, as the Office of Personnel Man7 agement shall by regulation prescribe based on 

8 the definition of a widow or widower under this 

9 section;’’; and 

10 (C) in paragraph (5) (as so redesignated by 

11 subparagraph (A))— 

12 (i) in subparagraph (A), by inserting 

13 ‘‘(or surviving domestic partner)’’ after ‘‘the 

14 surviving spouse’’; and 

15 (ii) by adding at the end the following: 

16 ‘‘The Office shall prescribe regulations to 

17 provide that, for purposes of applying the 

18 provisions of paragraph (5)(A)(ii) (relating 

19 to the treatment of a stepchild) in the case 

20 of a domestic partnership, rules similar to 

21 those prescribed to carry out section 

22 8901(5)(B) in similar circumstances shall 

23 apply.’’; 

24 (2) in subsection (b)— 

25 (A) in paragraph (1)— 


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1 (i) by striking ‘‘widow or widower’’ 

2 each place it appears and inserting ‘‘widow 

3 or widower (or surviving partner)’’; and 

4 (ii) by striking ‘‘remarriage,’’ and in5 serting ‘‘remarriage (or entry into a subse6 quent domestic partnership)’’; 

7 (B) in paragraph (2)— 

8 (i) by striking ‘‘widow or widower’’ 

9 each place it appears and inserting ‘‘widow 

10 or widower (or surviving partner)’’; and 

11 (ii) by inserting ‘‘(or in a domestic 

12 partnership with)’’ after ‘‘married to’’; 

13 (C) in paragraph (3)— 

14 (i) in the matter before subparagraph 

15 (A), by inserting ‘‘(or domestic partner)’’ 

16 after ‘‘spouse’’; 

17 (ii) by striking ‘‘widow or widower’’ 

18 each place it appears and inserting ‘‘widow 

19 or widower (or surviving partner)’’; and 

20 (iii) in subparagraph (B), by inserting 

21 ‘‘(or enters into a subsequent domestic part22 nership)’’ after ‘‘remarries’’; and 

23 (D) in paragraph (4)— 


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1 (i) by striking ‘‘widow or widower’’ 

2 each place it appears and inserting ‘‘widow 

3 or widower (or surviving partner)’’; and 

4 (ii) in subparagraph (B), by inserting 

5 ‘‘(or former domestic partner)’’ after 

6 ‘‘former spouse’’; 

7 (3) in subsection (d)— 

8 (A) by striking ‘‘widow or widower’’ each 

9 place it appears and inserting ‘‘widow or wid10 ower (or surviving partner)’’; 

11 (B) in subparagraph (B), by inserting ‘‘(or 

12 former domestic partner)’’ after ‘‘former spouse’’; 

13 and 

14 (C) in clause (ii), by inserting ‘‘(or enters 

15 into a subsequent domestic partnership)’’ after 

16 ‘‘remarries’’; 

17 (4) in subsection (e)— 

18 (A) by striking the matter before paragraph 

19 (2) and inserting the following: 

20 ‘‘(e)(1) For the purposes of this subsection— 

21 ‘‘(A) the term ‘former spouse’ includes a former 

22 spouse who was married to an employee or Member 

23 for less than 9 months and a former spouse of an em24 ployee or Member who completed less than 18 months 

25 of service covered by this subchapter; and 


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1 ‘‘(B) the term ‘former domestic partner’ includes 

2 a former domestic partner who was in a domestic 

3 partnership with an employee or Member for less than 

4 9 months and a former domestic partner of an em5 ployee or Member who completed less than 18 months 

6 of service covered by this subchapter.’’; 

7 (B) in paragraph (2), by striking ‘‘a spouse 

8 or a former spouse’’ each place it appears and 

9 inserting ‘‘a spouse or former spouse (or a do10 mestic partner or former domestic partner)’’; 

11 (C) in paragraph (3)— 

12 (i) in subparagraph (E), by striking 

13 ‘‘dies or marries;’’ and inserting ‘‘dies, mar14 ries, or enters into a domestic partner15 ship;’’; and 

16 (ii) in the matter following subpara17 graph (E)— 

18 (I) by inserting ‘‘(or domestic 

19 partner or former domestic partner)’’ 

20 after ‘‘spouse or former spouse’’; and 

21 (II) by striking ‘‘spouse, former 

22 spouse, or child’’ and inserting ‘‘spouse 

23 or former spouse (or domestic partner 

24 or former domestic partner) or child,’’; 

25 and 


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1 (D) in paragraph (4), by striking ‘‘mar2 riage, then, if such marriage’’ and inserting 

3 ‘‘marriage, then, if such marriage (or a domestic 

4 partnership, then, if such domestic partner5 ship)’’; 

6 (5) by striking subsection (f) and inserting the 

7 following: 

8 ‘‘(f) If a Member heretofore or hereafter separated from 

9 the service with title to deferred annuity from the Fund 

10 hereafter dies before having established a valid claim for 

11 annuity and is survived by a spouse to whom married (or 

12 a domestic partner to whom in a domestic partnership) at 

13 the date of separation, the surviving spouse (or surviving 

14 partner)— 

15 ‘‘(1) is entitled to an annuity equal to 55 per16 cent of the deferred annuity of the Member com17 mencing on the day after the Member dies and termi18 nating on the last day of the month before the sur19 viving spouse dies or remarries (or the surviving do20 mestic partner dies or enters into a subsequent domes21 tic partnership); or 

22 ‘‘(2) may elect to receive the lump-sum credit in23 stead of annuity if the spouse (or domestic partner) 

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1 sum credit and files application therefor with the Of2 fice before the award of the annuity. 

3 Notwithstanding the preceding sentence, an annuity pay4 able under this subsection to the surviving spouse (or sur5 viving domestic partner) of a Member may not exceed the 

6 difference between— 

7 ‘‘(A) the annuity which would otherwise be pay8 able to such surviving spouse (or such surviving do9 mestic partner) under this subsection, and 

10 ‘‘(B) the amount of the survivor annuity payable 

11 to any former spouse (or any former domestic part12 ner) of such Member under subsection (h).’’; 

13 (6) by striking subsection (g) and inserting the 

14 following: 

15 ‘‘(g) In the case of a surviving spouse (or surviving 

16 domestic partner) whose annuity under this section is ter17 minated because of remarriage (or entry into a subsequent 

18 domestic partnership) before becoming 55 years of age, an19 nuity at the same rate shall be restored commencing on the 

20 day the remarriage (or subsequent domestic partnership) is 

21 dissolved by death, annulment, or divorce (or terminated), 

22 if— 

23 ‘‘(1) the surviving spouse (or surviving domestic 

24 partner) elects to receive this annuity instead of a 

25 survivor benefit to which he may be entitled, under 


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1 this subchapter or another retirement system for Gov2 ernment employees, by reason of the remarriage (or 

3 subsequent domestic partnership); and 

4 ‘‘(2) any lump sum paid on termination of the 

5 annuity is returned to the Fund.’’; 

6 (7) by striking subsection (h) and inserting the 

7 following: 

8 ‘‘(h)(1) Subject to paragraphs (2) through (5), a 

9 former spouse (or former domestic partner) of a deceased 

10 employee, Member, annuitant, or former Member who was 

11 separated from the service with title to a deferred annuity 

12 under section 8338(b) is entitled to a survivor annuity 

13 under this subsection, if and to the extent expressly provided 

14 for in an election under section 8339(j)(3), or in the terms 

15 of any decree of divorce or annulment or any court order 

16 or court-approved property settlement agreement incident 

17 to such decree. 

18 ‘‘(2)(A) The annuity payable to a former spouse (or 

19 former domestic partner) under this subsection may not ex20 ceed the difference between— 

21 ‘‘(i) the amount applicable in the case of such 

22 former spouse (or former domestic partner), as deter23 mined under subparagraph (B), and 

24 ‘‘(ii) the amount of any annuity payable under 

25 this subsection to any other former spouse (or former 


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1 domestic partner) of the employee, Member, or annu2 itant, based on an election previously made under sec3 tion 8339(j)(3), or a court order previously issued. 

4 ‘‘(B) The applicable amount, for purposes of subpara5 graph (A)(i) in the case of a former spouse (or former do6 mestic partner), is the amount which would be applicable— 

7 ‘‘(i) under subsection (b)(4)(A) in the case of a 

8 widow or widower (or surviving partner), if the de9 ceased was an employee or Member who died after re10 tirement; 

11 ‘‘(ii) under subparagraph (A) of subsection (d) 

12 in the case of a widow or widower (or surviving part13 ner), if the deceased was an employee or Member de14 scribed in the first sentence of such subsection; or 

15 ‘‘(iii) under subparagraph (A) of subsection (f) 

16 in the case of a surviving spouse (or surviving domes17 tic partner), if the deceased was a Member described 

18 in the first sentence of such subsection. 

19 ‘‘(3) The commencement and termination of an annu20 ity payable under this subsection shall be governed by the 

21 terms of the applicable order, decree, agreement, or election, 

22 as the case may be, except that any such annuity— 

23 ‘‘(A) shall not commence before— 

24 ‘‘(i) the day after the employee, Member, or 

25 annuitant dies, or 


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1 ‘‘(ii) the first day of the second month be2 ginning after the date on which the Office re3 ceives written notice of the order, decree, agree4 ment, or election, as the case may be, together 

5 with such additional information or documenta6 tion as the Office may prescribe, 

7 whichever is later, and 

8 ‘‘(B) shall terminate— 

9 ‘‘(i) except as provided in subsection (k), in 

10 the case of an annuity computed by reference to 

11 clause (i) or (ii) of paragraph (2)(B), no later 

12 than the last day of the month before the former 

13 spouse remarries (or former domestic partner en14 ters into a subsequent domestic partnership) be15 fore becoming 55 years of age or dies; or 

16 ‘‘(ii) in the case of an annuity computed by 

17 reference to clause (iii) of such paragraph, no 

18 later than the last day of the month before the 

19 former spouse remarries or dies (or the former 

20 domestic partner enters into a subsequent domes21 tic partnership or dies). 

22 ‘‘(4) For purposes of this subchapter, a modification 

23 in a decree, order, agreement, or election referred to in 

24 paragraph (1) shall not be effective— 


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1 ‘‘(A) if such modification is made after the re2 tirement or death of the employee or Member con3 cerned, and 

4 ‘‘(B) to the extent that such modification in5 volves an annuity under this subsection. 

6 ‘‘(5) For purposes of this subchapter, a decree, order, 

7 agreement, or election referred to in paragraph (1) shall 

8 not be effective, in the case of a former spouse (or former 

9 domestic partner), to the extent that it is inconsistent with 

10 any joint designation or waiver previously executed with 

11 respect to such former spouse (or former domestic partner) 

12 under section 8339(j)(1) or a similar prior provision of law. 

13 ‘‘(6) Any payment under this subsection to a person 

14 bars recovery by any other person. 

15 ‘‘(7) As used in this subsection, ‘court’ means any 

16 court of any State, the District of Columbia, the Common17 wealth of Puerto Rico, Guam, the Northern Mariana Is18 lands, or the Virgin Islands, and any Indian court.’’; 

19 (8) by striking subsection (i) and inserting the 

20 following: 

21 ‘‘(i) The requirement in subsections (a)(1)(A), 

22 (a)(2)(A), and (a)(5)(A) that the surviving spouse (or sur23 viving domestic partner) of an employee or Member have 

24 been married to (or in a domestic partnership with) such 

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1 fore the employee’s or Member’s death in order to qualify 

2 as the widow or widower (or surviving partner) of such em3 ployee or Member shall be deemed satisfied in any case in 

4 which the employee or Member dies within the applicable 

5 9-month period, if— 

6 ‘‘(1) the death of the employee or Member was 

7 accidental; or 

8 ‘‘(2) the surviving spouse (or surviving domestic 

9 partner) of such individual had been previously mar10 ried to (or in a domestic partnership with) the indi11 vidual that was subsequently dissolved (or termi12 nated), and the aggregate time married (or in a do13 mestic partnership) is at least 9 months.’’; and 

14 (9) by redesignating subsection (k) as subsection 

15 (j) and amending such subsection to read as follows: 

16 ‘‘(j)(1) Subsections (b)(3)(B), (d)(ii), and (h)(3)(B)(i), 

17 to the extent that they provide for termination of a survivor 

18 annuity because of a remarriage (or entry into a subsequent 

19 domestic partnership) before age 55, shall not apply if the 

20 widow, widower or former spouse was married to (or the 

21 surviving partner or former domestic partner was in a do22 mestic partnership with) the individual on whose service 

23 the survivor annuity is based for at least 30 years. 

24 ‘‘(2) A remarriage (or entry into a subsequent domestic 

25 partnership) described in paragraph (1) shall not be taken 


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1 into account for purposes of subparagraph (B) or (C) of 

2 section 8339(j)(5) or any other provision of this chapter 

3 which the Director of the Office of Personnel Management 

4 may by regulation identify in order to carry out the pur5 poses of this subsection.’’. 

6 SEC. 206. LUMP-SUM BENEFITS; DESIGNATION OF BENE7 FICIARY; ORDER OF PRECEDENCE. 

8 Section 8342 is amended— 

9 (1) in subsection (c), by inserting ‘‘(or surviving 

10 partner)’’ after ‘‘widow or widower’’ ; and 

11 (2) in subsection (j)— 

12 (A) in paragraph (1)(A), by inserting ‘‘(or 

13 the domestic partner, if any, and any former do14 mestic partner)’’ after ‘‘the spouse, if any, and 

15 any former spouse’’; and 

16 (B) by inserting ‘‘(or domestic partner or 

17 former domestic partner)’’ after ‘‘spouse or 

18 former spouse’’ each place it appears. 

19 SEC. 207. ALTERNATIVE FORMS OF ANNUITIES. 

20 Section 8343a is amended— 

21 (1) in subsection (b)(2), by inserting ‘‘(or in a 

22 domestic partnership)’’ after ‘‘married’’; 

23 (2) in subsection (b)(2)(B), by inserting ‘‘(or 

24 surviving domestic partner)’’ after ‘‘surviving 

25 spouse’’; and 


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1 (3) in subsection (e), by inserting ‘‘(or in a do2 mestic partnership)’’ after ‘‘married’’. 

3 SEC. 208. ADMINISTRATION; REGULATIONS. 

4 Section 8347(n)(1)(D) is amended by striking ‘‘their 

5 spouses, and their former spouses’’ and inserting ‘‘their 

6 spouses, domestic partners, former spouses, and former do7 mestic partners’’. 

8 SEC. 209. PARTICIPATION IN THE THRIFT SAVINGS PLAN. 

9 Section 8351(b)(5) is amended— 

10 (1) in subparagraphs (A), (B), and (C), by in11 serting ‘‘(or domestic partner)’’ after ‘‘spouse’’ each 

12 place it appears; 

13 (2) in subparagraph (B), by striking ‘‘a married 

14 employee or Member’’ and inserting ‘‘an employee or 

15 Member who is married (or in a domestic partner16 ship)’’; and 

17 (3) in subparagraph (D), by inserting ‘‘(or do18 mestic partner or former domestic partner)’’ after 

19 ‘‘spouse or former spouse’’. 

20 TITLE III—FEDERAL EMPLOY21 EES’ RETIREMENT SYSTEM 

22 SEC. 301. DEFINITIONS. 

23 Section 8401 is amended— 

24 (1) in paragraph (35), by striking ‘‘and’’ at the 

25 end; 


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1 (2) in paragraph (36), by striking the period at 

2 the end and inserting ‘‘; and’’; and 

3 (3) by adding at the end the following: 

4 ‘‘(37) ‘former domestic partner’ means a former 

5 domestic partner of an individual— 

6 ‘‘(A) if such individual performed at least 

7 18 months of civilian service creditable under 

8 section 8411 as an employee or Member; and 

9 ‘‘(B) if the former domestic partner was in 

10 a domestic partnership with such individual for 

11 at least 9 months.’’. 

12 SEC. 302. CREDITABLE SERVICE. 

13 Section 8411 is amended— 

14 (1) in subsection (c)(4)(C)(ii), by inserting ‘‘(or 

15 former domestic partner)’’ after ‘‘former spouse’’; 

16 (2) in subsection (l)(4)(B)(i), by inserting ‘‘(or 

17 domestic partner)’’ after ‘‘spouse’’; and 

18 (3) in subsection (l)(5), by inserting ‘‘(or domes19 tic partner)’’ after ‘‘spouse’’ each place it appears. 

20 SEC. 303. SURVIVOR REDUCTION FOR A CURRENT SPOUSE 

21 OR A CURRENT DOMESTIC PARTNER. 

22 (a) IN GENERAL.— Section 8416 is amended— 

23 (1) in the catchline, by inserting ‘‘or a cur24 rent domestic partner’’ after ‘‘spouse’’; 

25 (2) in subsection (a)— 


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1 (A) by inserting ‘‘(or in a domestic partner2 ship)’’ after ‘‘married’’ each place it appears; 

3 (B) by inserting ‘‘(or domestic partner)’’ 

4 after ‘‘spouse’’ each place it appears; and 

5 (C) by inserting ‘‘(or domestic partner’s)’’ 

6 after ‘‘spouse’s’’ each place it appears; 

7 (3) by amending subsection (b) to read as fol8 lows: 

9 ‘‘(b)(1) Upon remarriage (or entry into a subsequent 

10 domestic partnership), a retired employee or Member who 

11 was married (or in a domestic partnership) at the time of 

12 retirement, including an employee or Member whose annu13 ity was not reduced to provide a survivor annuity for the 

14 employee’s or Member’s spouse or former spouse (or domes15 tic partner or former domestic partner) as of the time of 

16 retirement, may irrevocably elect during such marriage (or 

17 domestic partnership), in a signed writing received by the 

18 Office— 

19 ‘‘(A) within 2 years after such remarriage (or 

20 entry into a subsequent domestic partnership), or 

21 ‘‘(B) if later, within 2 years after— 

22 ‘‘(i) the death or remarriage of any former 

23 spouse (or the death of or entry into a subsequent 

24 domestic partnership by any former domestic 

25 partner) of such employee or Member who was 


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1 entitled to a survivor annuity under section 

2 8445, or 

3 ‘‘(ii) if there was more than 1, the death or 

4 remarriage of the last such surviving former 

5 spouse (or the death of or entry into a subsequent 

6 domestic partnership by the last such surviving 

7 former domestic partner), 

8 a reduction in the employee’s or Member’s annuity under 

9 section 8419(a) for the purpose of providing an annuity 

10 for such employee’s or Member’s spouse (or domestic part11 ner) in the event such spouse (or domestic partner) survives 

12 the employee or Member. 

13 ‘‘(2) The election and reduction shall be effective the 

14 first day of the second month after the election is received 

15 by the Office, but not less than 9 months after the date of 

16 the remarriage (or entry into the subsequent domestic part17 nership). 

18 ‘‘(3) An election to provide a survivor annuity to an 

19 individual under this subsection— 

20 ‘‘(A) shall prospectively void any election made 

21 by the employee or Member under section 8420 with 

22 respect to such individual; or 

23 ‘‘(B) shall, if an election was made by the em24 ployee or Member under section 8420 with respect to 

25 a different individual, prospectively void such election 


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1 if appropriate written application is made by such 

2 employee or Member at the time of making the elec3 tion under this subsection. 

4 ‘‘(4) Any election under this subsection made by an 

5 employee or Member on behalf of an individual after the 

6 retirement of such employee or Member shall not be effective 

7 if— 

8 ‘‘(A) the employee or Member was married to (or 

9 in a domestic partnership with) such individual at 

10 the time of retirement; and 

11 ‘‘(B) the annuity rights of such individual based 

12 on the service of such employee or Member were then 

13 waived under subsection (a).’’. 

14 (4) in subsection (c)— 

15 (A) by striking the matter before paragraph 

16 (2) and inserting the following: 

17 ‘‘(c)(1) An employee or Member who is unmarried 

18 (and not in a domestic partnership) at the time of retiring 

19 under this chapter and who later marries (or enters into 

20 a domestic partnership) may irrevocably elect, in a signed 

21 writing received by the Office— 

22 ‘‘(A) within 2 years after such employee or Mem23 ber marries (or enters into a domestic partnership), 

24 or 

25 ‘‘(B) if later, within 2 years after— 


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1 ‘‘(i) the death or remarriage of any former 

2 spouse (or the death of or entry into a subsequent 

3 domestic partnership by any domestic partner) 

4 of such employee or Member who was entitled to 

5 a survivor annuity under section 8445, 

6 ‘‘(ii) if more than 1, the death or remar7 riage of the last such surviving former spouse (or 

8 the death of or the entry into a subsequent do9 mestic partnership by the last such surviving do10 mestic partner), 

11 a reduction in the current annuity of the retired em12 ployee or Member, in accordance with section 

13 8419(a).’’; and 

14 (B) in paragraph (2), by striking ‘‘mar15 riage.’’ and inserting ‘‘marriage (or domestic 

16 partnership).’’; and 

17 (5) in subsection (d)(1)— 

18 (A) by inserting ‘‘(or in a domestic partner19 ship)’’ after ‘‘married’’; and 

20 (B) by inserting ‘‘(or domestic partner)’’ 

21 after ‘‘spouse’’ each place it appears. 

22 (b) CLERICAL AMENDMENT.—The table of sections for 

23 chapter 84, is amended by striking the item relating to sec24 tion 8416 and inserting the following: 

‘‘8416. Survivor reduction for a current spouse or a current domestic partner.’’. 


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1 SEC. 304. SURVIVOR REDUCTION FOR A FORMER SPOUSE 

2 OR FORMER DOMESTIC PARTNER. 

3 (a) IN GENERAL.— Section 8417 is amended— 

4 (1) in the catchline, by inserting ‘‘or a former 

5 domestic partner’’ after ‘‘former spouse’’ ; 

6 (2) in subsection (a), by inserting ‘‘(or a former 

7 domestic partner)’’ after ‘‘former spouse’’; 

8 (3) in subsection (b)— 

9 (A) in paragraph (1), by inserting ‘‘(or 

10 former domestic partner)’’ after ‘‘former spouse’’ 

11 each place it appears; 

12 (B) by amending paragraph (2) to read as 

13 follows: 

14 ‘‘(2) An election under this subsection shall be made 

15 at the time of retirement or, if the marriage is dissolved 

16 (or the domestic partnership is terminated) after the date 

17 of retirement, within 2 years after the date on which the 

18 marriage of the former spouse to the employee or Member 

19 is so dissolved (or the domestic partnership of the former 

20 domestic partner with the employee or Member is so termi21 nated).’’; and 

22 (C) in paragraph (3)— 

23 (i) in subparagraph (A)(ii), by insert24 ing ‘‘(or a surviving partner)’’ after ‘‘a 

25 widow or widower’’; and 


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1 (ii) by amending subparagraph (B) to 

2 read as follows: 

3 ‘‘(B) shall not be effective, in the case of an em4 ployee or Member who is then married (or in a do5 mestic partnership), unless it is made with the 

6 spouse’s (or domestic partner’s) written consent.’’. 

7 (b) CLERICAL AMENDMENT.—The table of sections for 

8 chapter 84 of title 5, United States Code, is amended by 

9 striking the item relating to section 8417 and inserting the 

10 following: 

‘‘8417. Survivor reduction for a former spouse or a former domestic partner.’’. 

11 SEC. 305. SURVIVOR ELECTIONS; DEPOSIT; OFFSETS. 

12 Section 8418(b) is amended— 

13 (1) by inserting ‘‘(or domestic partnership)’’ 

14 after ‘‘marriage’’; and 

15 (2) by striking ‘‘former spouse.’’ and inserting 

16 ‘‘former spouse (or former domestic partner).’’. 

17 SEC. 306. SURVIVOR REDUCTIONS; COMPUTATION. 

18 Section 8419 is amended— 

19 (1) in subsection (a), by inserting ‘‘(or domestic 

20 partner)’’ after ‘‘spouse’’ each place it appears; and 

21 (2) by amending subsection (b) to read as fol22 lows: 

23 ‘‘(b)(1) Any reduction in an annuity for the purpose 

24 of providing a survivor annuity for the current spouse (or 


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1 current domestic partner) of a retired employee or Member 

2 shall be terminated for each full month— 

3 ‘‘(A) after the death of the spouse (or domestic 

4 partner); or 

5 ‘‘(B) after the dissolution of the spouse’s mar6 riage to (or the termination of the domestic partner’s 

7 domestic partnership with) the employee or Member, 

8 except that an appropriate reduction shall be made 

9 thereafter if the spouse (or domestic partner) is enti10 tled, as a former spouse (or former domestic partner), 

11 to a survivor annuity under section 8445. 

12 ‘‘(2) Any reduction in an annuity for the purpose of 

13 providing a survivor annuity for a former spouse (or former 

14 domestic partner) of a retired employee or Member shall 

15 be terminated for each full month after the former spouse 

16 remarries (or the former domestic partner enters into a sub17 sequent domestic partnership) before reaching age 55 or 

18 dies. This reduction shall be replaced by appropriate reduc19 tions under subsection (a) if the retired employee or Member 

20 has— 

21 ‘‘(A) another former spouse (or former domestic 

22 partner) who is entitled to a survivor annuity under 

23 section 8445; 

24 ‘‘(B) a current spouse to whom the employee or 

25 Member was married (or a current domestic partner 


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1 with whom the employee or Member was in a domes2 tic partnership) at the time of retirement and with 

3 respect to whom a survivor annuity was not waived 

4 under section 8416(a) or, if waived, with respect to 

5 whom an election under section 8416(d) has been 

6 made; or 

7 ‘‘(C) a current spouse whom the employee or 

8 Member married (or current domestic partner with 

9 whom the employee or Member entered into a domes10 tic partnership) after retirement and with respect to 

11 whom an election has been made under subsection (b) 

12 or (c) of section 8416.’’. 

13 SEC. 307. INSURABLE INTEREST REDUCTIONS. 

14 Section 8420 is amended— 

15 (1) in subsection (b)(1)— 

16 (A) by striking ‘‘married employee or Mem17 ber’’ and inserting ‘‘employee or Member who is 

18 married (or in a domestic partnership)’’; and 

19 (B) by inserting ‘‘(or domestic partner)’’ 

20 after ‘‘spouse’’ each place it appears; and 

21 (2) in subsection (b)(2), by inserting ‘‘(or former 

22 domestic partner)’’ after ‘‘former spouse’’. 

23 SEC. 308. ALTERNATIVE FORMS OF ANNUITIES. 

24 Section 8420a is amended— 

25 (1) in subsection (b)(2)— 


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1 (A) in the matter before subparagraph (A), 

2 by inserting ‘‘(or in a domestic partnership)’’ 

3 after ‘‘married’’; and 

4 (B) in subparagraph (B), by striking ‘‘sur5 viving spouse.’’ and inserting ‘‘surviving spouse 

6 (or surviving domestic partner).’’; 

7 (2) in subsection (d)— 

8 (A) in paragraph (1), by striking ‘‘mar9 ried,’’ and inserting ‘‘married (or in a domestic 

10 partnership),’’ and 

11 (B) in paragraph (2), by inserting ‘‘(or 

12 former domestic partner)’’ after ‘‘former spouse’’ 

13 each place it appears; and 

14 (3) in subsection (e), by inserting ‘‘(or in a do15 mestic partnership)’’ after ‘‘married’’. 

16 SEC. 309. LUMP-SUM BENEFITS; DESIGNATION OF BENE17 FICIARY; ORDER OF PRECEDENCE. 

18 Section 8424 is amended— 

19 (1) in subsection (b)— 

20 (A) in paragraph (1)— 

21 (i) in subparagraph (A), by striking 

22 ‘‘the spouse, if any, and any former spouse’’ 

23 and inserting ‘‘any spouse or former spouse 

24 (and any domestic partner or former do25 mestic partner)’’; and 


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1 (ii) in subparagraph (B), by striking 

2 ‘‘spouse or former spouse’’ each place it ap3 pears and inserting ‘‘spouse or former 

4 spouse (or domestic partner or former do5 mestic partner)’’; and 

6 (B) in paragraph (2), by striking ‘‘spouse 

7 or former spouse’’ each place it appears and in8 serting ‘‘spouse or former spouse (or domestic 

9 partner or former domestic partner)’’; and 

10 (2) in subsection (d), by striking ‘‘widow or wid11 ower’’ and inserting ‘‘widow or widower (or surviving 

12 partner)’’. 

13 SEC. 310. ANNUITIES: METHODS OF PAYMENT; ELECTION; 

14 PURCHASE. 

15 Section 8434(a)(2) is amended— 

16 (1) in subparagraph (B), by inserting ‘‘(or do17 mestic partner)’’ after ‘‘spouse’’; and 

18 (2) in subparagraph (E)(i), by inserting ‘‘(or 

19 former domestic partner)’’ after ‘‘former spouse’’. 

20 SEC. 311. PROTECTIONS FOR SPOUSES, DOMESTIC PART21 NERS, FORMER SPOUSES, AND FORMER DO22 MESTIC PARTNERS. 

23 (a) IN GENERAL.— Section 8435 is amended— 

24 (1) in the catchline, by striking ‘‘spouses and 

25 former spouses’’ and inserting ‘‘spouses, doVerDate Nov 24 2008 21:28 Jan 29, 2010 Jkt 089200 PO 00000 Frm 00045 Fmt 6652 Sfmt 6203 E:\BILLS\H2517.RH H2517

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1 mestic partners, former spouses, and 

2 former domestic partners’’; 

3 (2) in subsection (a)— 

4 (A) in paragraph (1)— 

5 (i) in subparagraph (A), by striking 

6 ‘‘A married employee or Member (or former 

7 employee or Member)’’ each place it appears 

8 and inserting ‘‘An employee or Member, or 

9 former employee or former Member, who is 

10 married (or in a domestic partnership)’’; 

11 and 

12 (ii) in subparagraph (B), by inserting 

13 ‘‘or domestic partner’’ after ‘‘spouse’’ each 

14 place it appears; and 

15 (B) in paragraph (2), by inserting ‘‘(or do16 mestic partner’s)’’ after ‘‘spouse’s’’ each place it 

17 appears; 

18 (3) in subsection (b)— 

19 (A) in paragraph (1)— 

20 (i) by inserting ‘‘(or surviving domes21 tic partner)’’ after ‘‘surviving spouse’’ each 

22 place it appears; and 

23 (ii) by inserting ‘‘(or in a domestic 

24 partnership)’’ after ‘‘married’’; and 


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1 (B) in paragraph (2)(A), by inserting ‘‘(or 

2 domestic partner)’’ after ‘‘spouse’’; 

3 (4) in subsection (d)— 

4 (A) in paragraph (1), by inserting ‘‘(or 

5 former domestic partner)’’ after ‘‘former spouse’’ 

6 the first 2 places it appears; 

7 (B) in paragraphs (3) through (6), by in8 serting ‘‘(or former domestic partner)’’ after 

9 ‘‘former spouse’’ each place it appears; 

10 (C) in paragraph (3)(B), by inserting ‘‘(or 

11 former domestic partners)’’ after ‘‘former 

12 spouses’’; and 

13 (D) in paragraph (3)(A), by inserting ‘‘(or 

14 surviving domestic partner)’’ after ‘‘surviving 

15 spouse’’; 

16 (5) in subsection (e)(1)— 

17 (A) by striking the matter before subpara18 graph (B) and inserting the following: 

19 ‘‘(e)(1)(A) A loan or withdrawal under subsection (g) 

20 or (h) of section 8433 may be made to an employee or Mem21 ber who is married (or in a domestic partnership) only if 

22 the employee’s or Member’s spouse (or domestic partner) 

23 consents to such loan or withdrawal in writing.’’; and 


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1 (B) in subparagraph (C), by inserting ‘‘(or 

2 domestic partner’s)’’ after ‘‘spouse’s’’ each place 

3 it appears; and 

4 (6) in subsection (g), by inserting ‘‘(or domestic 

5 partner or former domestic partner)’’ after ‘‘spouse or 

6 former spouse’’. 

7 (b) CLERICAL AMENDMENT.—The table of sections for 

8 chapter 84 is amended by striking the item relating to sec9 tion 8435 and inserting the following: 

‘‘8435. Protections for spouses, domestic partners, former spouses, and former domestic partners.’’. 

10 SEC. 312. JUSTICES AND JUDGES. 

11 Section 8440a(b)(6) is amended by inserting ‘‘(or do12 mestic partners)’’ after ‘‘spouses’’. 

13 SEC. 313. SURVIVOR ANNUITIES: DEFINITIONS. 

14 Section 8441 is amended— 

15 (1) by redesignating paragraphs (3) and (4) as 

16 paragraphs (4) and (5), respectively, and by inserting 

17 after paragraph (2) the following: 

18 ‘‘(3) the term ‘surviving partner’ means the sur19 viving domestic partner of an employee, Member, or 

20 annuitant, or of a former employee or Member, who— 

21 ‘‘(A) was in a domestic partnership with 

22 such employee, Member, or annuitant, or former 

23 employee or Member, for at least 9 months im24 mediately before the death of such employee, 


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1 Member, or annuitant, or former employee or 

2 Member; or 

3 ‘‘(B) satisfies such other requirement, based 

4 on parenthood, as the Office of Personnel Man5 agement shall by regulation prescribe based on 

6 the definition of a widow or widower under this 

7 section;’’; 

8 (2) in paragraph (5) (as so redesignated by 

9 paragraph (1))— 

10 (A) in subparagraph (A), by inserting ‘‘(or 

11 surviving partner)’’ after ‘‘widow or widower’’; 

12 and 

13 (3) by adding at the end the following: 

14 ‘‘The Office shall prescribe regulations to provide that, for 

15 purposes of applying the provisions of paragraph (5)(A)(ii) 

16 (relating to the treatment of a stepchild) in the case of a 

17 domestic partnership, rules similar to those prescribed to 

18 carry out section 8901(5)(B) in similar circumstances shall 

19 apply.’’. 

20 SEC. 314. RIGHTS OF A WIDOW, WIDOWER, OR SURVIVING 

21 PARTNER. 

22 (a) IN GENERAL.—Section 8442 is amended— 

23 (1) in the catchline, by striking ‘‘widow or 

24 widower’’ and inserting ‘‘widow, widower, or 

25 surviving partner’’; 


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1 (2) in subsection (a)— 

2 (A) by inserting ‘‘(or surviving partner)’’ 

3 after ‘‘widow or widower’’ each place it appears; 

4 (B) in paragraph (1)(B), by inserting ‘‘(or 

5 entry into a domestic partnership)’’ after ‘‘mar6 riage’’; and 

7 (C) in paragraph (2), by inserting ‘‘(or do8 mestic partner)’’ after ‘‘spouse’’ each place it ap9 pears; 

10 (3) in subsection (b), by inserting ‘‘(or surviving 

11 partner)’’ after ‘‘widow or widower’’ each place it ap12 pears; 

13 (4) in subsection (c)— 

14 (A) in paragraph (1), (in the matter before 

15 subparagraph (A)), by inserting ‘‘(or a surviving 

16 partner with whom in a domestic partnership)’’ 

17 after ‘‘widow or widower to whom married’’; and 

18 (B) by striking ‘‘widow or widower’’ each 

19 place it appears (other than where amended by 

20 subparagraph (A)) and inserting ‘‘widow or 

21 widower (or surviving partner)’’; 

22 (5) in subsection (d)— 

23 (A) by striking ‘‘widow or widower’’ each 

24 place it appears and inserting ‘‘widow or wid25 ower (or surviving partner)’’; 


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1 (B) in paragraph (1)(B), by inserting ‘‘(or 

2 enters into a subsequent domestic partnership)’’ 

3 after ‘‘remarries’’; 

4 (C) in paragraph (2)— 

5 (i) by striking ‘‘remarriage before’’ and 

6 inserting ‘‘remarriage (or entry into a sub7 sequent domestic partnership) before’’; 

8 (ii) by striking ‘‘remarriage is dis9 solved by death, divorce, or annulment,’’ 

10 and inserting ‘‘remarriage is dissolved by 

11 death, divorce, annulment (or subsequent 

12 domestic partnership is terminated),’’; 

13 (iii) in subparagraph (A), by striking 

14 ‘‘remarriage;’’ and inserting ‘‘remarriage 

15 (or entry into a subsequent domestic part16 nership);’’; and 

17 (D) in paragraph (3)— 

18 (i) by inserting ‘‘or entry into a subse19 quent domestic partnership’’ after ‘‘remar20 riage’’; and 

21 (ii) by inserting ‘‘(or in a domestic 

22 partnership for at least 30 years with)’’ 

23 after ‘‘married for at least 30 years to’’; 

24 (6) in subsection (e)— 


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1 (A) by inserting ‘‘(or surviving partner)’’ 

2 after ‘‘widow or widower’’ each place it appears; 

3 (B) by inserting ‘‘(or in a domestic partner4 ship with)’’ after ‘‘been married to’’; and 

5 (C) by amending paragraph (2) to read as 

6 follows: 

7 ‘‘(2) the surviving spouse (or surviving domestic 

8 partner) of such individual had been previously mar9 ried to (or in a domestic partnership with) the indi10 vidual that was subsequently dissolved (or termi11 nated), and the aggregate time married (or in a do12 mestic partnership) is at least 9 months.’’; 

13 (7) in subsection (g), by striking ‘‘widow or wid14 ower’’ and inserting ‘‘widow, widower, or surviving 

15 partner’’ each place it appears; and 

16 (8) in subsection (h)— 

17 (A) by striking ‘‘widow or widower’’ each 

18 place it appears and inserting ‘‘widow or wid19 ower (or surviving partner)’’; and 

20 (B) by inserting ‘‘(or former domestic part21 ner)’’ after ‘‘former spouse’’ each place it ap22 pears. 

23 (b) CLERICAL AMENDMENT.—The table of sections for 

24 chapter 84 is amended by striking the item relating to sec25 tion 8442 and inserting the following: 

‘‘8442. Rights of a widow, widower, or surviving partner.’’. 


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1 SEC. 315. RIGHTS OF A FORMER SPOUSE OR FORMER DO2 MESTIC PARTNER. 

3 (a) IN GENERAL.—Section 8445 is amended— 

4 (1) in the catchline, by striking ‘‘former 

5 spouse’’ and inserting ‘‘former spouse or 

6 former domestic partner’’; 

7 (2) in subsection (a), by inserting ‘‘(or former 

8 domestic partner)’’ after ‘‘former spouse’’; 

9 (3) in subsection (b)— 

10 (A) by inserting ‘‘(or former domestic part11 ner)’’ after ‘‘former spouse’’ each place it ap12 pears; and 

13 (B) in paragraph (2), by inserting ‘‘(or sur14 viving partner)’’ after ‘‘widow or widower’’; 

15 (4) in subsection (c)(2), by inserting ‘‘(or the 

16 former domestic partner enters into a subsequent do17 mestic partnership)’’ after ‘‘former spouse remarries’’; 

18 (5) in subsection (e), by inserting ‘‘(or former 

19 domestic partner)’’ after ‘‘former spouse’’ each place 

20 it appears; and 

21 (6) by amending subsection (h) to read as fol22 lows: 

23 ‘‘(h)(1) Subsection (c)(2), to the extent that it provides 

24 for termination of a survivor annuity because of a remar25 riage (or entry into a subsequent domestic partnership) be26 fore age 55, shall not apply if the former spouse (or former 


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1 domestic partner) was married to (or in a domestic part2 nership with) the individual on whose service the survivor 

3 annuity is based for at least 30 years. 

4 ‘‘(2) A remarriage (or entry into a subsequent domestic 

5 partnership) described in paragraph (1) shall not be taken 

6 into account for purposes of section 8419(b)(1)(B) or any 

7 other provision of this chapter which the Director may by 

8 regulation identify in order to carry out the purposes of 

9 this subsection.’’. 

10 (b) CLERICAL AMENDMENT.—The table of sections for 

11 chapter 84 is amended by striking the item relating to sec12 tion 8445 and inserting the following: 

‘‘8445. Rights of a former spouse or former domestic partner.’’. 

13 SEC. 316. AUTHORITY OF THE OFFICE OF PERSONNEL MAN14 AGEMENT. 

15 Section 8461(j)(1)(D) is amended by striking ‘‘such 

16 employees, their spouses, their former spouses, and their 

17 survivors’’ and inserting ‘‘such employees and their spouses, 

18 domestic partners, former spouses, former domestic part19 ners, and survivors’’. 

20 SEC. 317. COST-OF-LIVING ADJUSTMENTS. 

21 Section 8462(c) is amended— 

22 (1) in paragraph (2), by striking ‘‘survivor 

23 (other than a widow or widower whose annuity is 

24 computed under section 8442(g) or a child under sec25 tion 8443)’’ and inserting the following: ‘‘survivor, 


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1 other than a widow or widower (or surviving part2 ner) whose annuity is computed under section 

3 8442(g) or a child under section 8443,’’; 

4 (2) in paragraph (4) (in the matter before sub5 paragraph (A)), by inserting ‘‘(or surviving partner)’’ 

6 after ‘‘widow or widower’’; and 

7 (3) in paragraph (4)(B)(i), by inserting ‘‘(or 

8 surviving partner’s)’’ after ‘‘widow’s or widower’s’’. 

9 SEC. 318. FIDUCIARY RESPONSIBILITIES; LIABILITY AND 

10 PENALTIES. 

11 Section 8477(a)(4)(F) is amended to read as follows: 

12 ‘‘(F) a spouse (or domestic partner), sibling, 

13 ancestor, lineal descendant, or spouse (or domes14 tic partner) of a lineal descendant of a person 

15 described in subparagraph (A), (B), or (D);’’. 

16 TITLE IV—INSURANCE BENEFITS 

17 SEC. 401. LIFE INSURANCE. 

18 (a) IN GENERAL.—Chapter 87 is amended— 

19 (1) in section 8701(d)— 

20 (A) in paragraph (1)(A), by inserting ‘‘or 

21 domestic partner’’ after ‘‘spouse’’; and 

22 (B) by adding at the end the following: 

23 ‘‘(3) In the case of an individual whose domestic part24 ner has a child by a previous marriage, domestic partner25 ship (as defined under regulations of the Office of Personnel 


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1 Management), or otherwise, such child shall, unless adopted 

2 by such individual, be treated as a stepchild of such indi3 vidual.’’; 

4 (2) in section 8705(a), by inserting ‘‘or sur5 viving domestic partner’’ after ‘‘widow or widower’’; 

6 and 

7 (3) in section 8714c(b)(1)(A), by striking 

8 ‘‘spouse;’’ and inserting ‘‘spouse or domestic part9 ner;’’. 

10 (b) EFFECTIVE DATE.—The amendments made by this 

11 section shall apply with respect to calendar years beginning 

12 after the end of the 6-month period beginning on the date 

13 of the enactment of this Act. 

14 SEC. 402. HEALTH INSURANCE. 

15 (a) DEFINITIONS.—Section 8901 is amended— 

16 (1) in paragraph (5) (in the matter before sub17 paragraph (A)), by inserting ‘‘or domestic partner’’ 

18 after ‘‘the spouse’’; 

19 (2) in paragraph (8)(B), by striking ‘‘or former 

20 spouses,’’ and inserting ‘‘former spouses, or former do21 mestic partners,’’; 

22 (3) by striking ‘‘and’’ at the end of paragraph 

23 (10), by redesignating paragraph (11) as paragraph 

24 (12), and by inserting after paragraph (10) the fol25 lowing: 


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1 ‘‘(11) ‘former domestic partner’ means a domes2 tic partner— 

3 ‘‘(A) whose domestic partnership with an 

4 employee, former employee, or annuitant has ter5 minated, 

6 ‘‘(B) who has not entered into another do7 mestic partnership before age 55 after the domes8 tic partnership to the employee, former employee, 

9 or annuitant was terminated, 

10 ‘‘(C) who was enrolled in an approved 

11 health benefits plan under this chapter as a fam12 ily member at any time during the 18-month pe13 riod before the date of the termination of the do14 mestic partnership to the employee, former em15 ployee, or annuitant, and 

16 ‘‘(D)(i) who is receiving any portion of a 

17 survivor annuity under section 8341(h) or 8445 

18 (or benefits similar to either of the aforemen19 tioned annuity benefits under a retirement sys20 tem for Government employees other than the 

21 Civil Service Retirement System or the Federal 

22 Employees’ Retirement System), 

23 ‘‘(ii) for whom an election has been made 

24 under section 8339(j)(3) or 8417(b) (or similar 

25 provision of law), or 


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1 ‘‘(iii) who is otherwise entitled to an annu2 ity or any portion of an annuity as a former do3 mestic partner under a retirement system for 

4 Government employees, 

5 except that such term shall not include any such 

6 former domestic partner, who has not entered into an7 other domestic partnership, of a former employee 

8 whose domestic partnership was terminated after the 

9 former employee’s separation from the service (other 

10 than by retirement); and’’; and 

11 (4) by adding after paragraph (12) (as so redes12 ignated by paragraph (3)), as a flush left sentence, 

13 the following: 

14 ‘‘For purposes of paragraph (5), in the case of an employee 

15 or annuitant whose domestic partner has a child by a pre16 vious marriage, domestic partnership (as defined under reg17 ulations of the Office of Personnel Management), or other18 wise, such child shall, unless adopted by such individual, 

19 be treated as a stepchild of such individual.’’. 

20 (b) CONTRACTING AUTHORITY.—Section 8902 is 

21 amended in subsections (g), (j), and (k)(1), by inserting 

22 ‘‘former domestic partner,’’ after ‘‘former spouse,’’ each 

23 place it appears. 


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1 (c) DEBARMENT AND OTHER SANCTIONS.—Section 

2 8902a(a)(1)(B) is amended by striking ‘‘or former spouse’’ 

3 and inserting ‘‘former spouse, or former domestic partner’’. 

4 (d) HEALTH BENEFITS PLANS.—Section 8903(1) is 

5 amended— 

6 (1) by inserting ‘‘former domestic partners,’’ 

7 after ‘‘former spouses,’’; and 

8 (2) by inserting ‘‘former domestic partner,’’ after 

9 ‘‘former spouse,’’. 

10 (e) ELECTION OF COVERAGE.—Section 8905 is amend11 ed— 

12 (1) in subsection (c), by adding at the end the 

13 following: 

14 ‘‘(3) The Office shall prescribe regulations to ensure 

15 that, in the administration of this subsection, parity of 

16 treatment is afforded— 

17 ‘‘(A) to former spouses and former domestic 

18 partners; and 

19 ‘‘(B) to the children of a marriage that has been 

20 dissolved and the children of a domestic partnership 

21 that has been terminated.’’; 

22 (2) in subsection (e)— 

23 (A) by inserting ‘‘or domestic partner’’ after 

24 ‘‘has a spouse’’; and 


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1 (B) by striking ‘‘either spouse,’’ and insert2 ing ‘‘either spouse or domestic partner,’’; and 

3 (3) in subsections (f) and (g), by inserting 

4 ‘‘former domestic partner,’’ after ‘‘former spouse,’’ 

5 each place it appears. 

6 (f) CONTINUED COVERAGE.—Section 8905a is amend7 ed by adding at the end the following: 

8 ‘‘(g) The Office shall prescribe regulations to ensure 

9 that, in the administration of this section, parity of treat10 ment is afforded— 

11 ‘‘(1) to former spouses and former domestic part12 ners; and 

13 ‘‘(2) to the children of a marriage that has been 

14 dissolved and the children of a domestic partnership 

15 that has been terminated.’’. 

16 (g) COVERAGE OF RESTORED EMPLOYEES AND SUR17 VIVOR OR DISABILITY ANNUITANTS.—Section 8908(b) is 

18 amended— 

19 (1) by inserting ‘‘or surviving domestic partner’’ 

20 after ‘‘surviving spouse’’; and 

21 (2) by inserting ‘‘or a subsequent domestic part22 nership’’ after ‘‘because of remarriage’’. 

23 (h) REGULATIONS.—Section 8913(c) is amended— 


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1 (1) by striking ‘‘and former spouses’’ and insert2 ing ‘‘former spouses, and former domestic partners’’; 

3 and 

4 (2) by striking ‘‘annuitant or former spouse’’ 

5 and inserting ‘‘annuitant, former spouse, or former 

6 domestic partner’’. 

7 (i) EFFECTIVE DATE.—The amendments made by this 

8 section shall apply with respect to contract years beginning 

9 after the end of the 6-month period beginning on the date 

10 of the enactment of this Act. 

11 SEC. 403. ENHANCED DENTAL BENEFITS. 

12 (a) IN GENERAL.—Chapter 89A is amended— 

13 (1) in section 8956(a)— 

14 (A) by inserting ‘‘or domestic partner’’ after 

15 ‘‘a spouse’’; and 

16 (B) by striking ‘‘either spouse,’’ and insert17 ing ‘‘either spouse or either domestic partner (as 

18 the case may be),’’; and 

19 (2) in section 8957, by inserting ‘‘surviving do20 mestic partner,’’ after ‘‘surviving spouse,’’. 

21 (b) EFFECTIVE DATE.—The amendments made by this 

22 section shall apply with respect to contract years beginning 

23 after the end of the 6-month period beginning on the date 

24 of the enactment of this Act. 


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1 SEC. 404. ENHANCED VISION BENEFITS. 

2 (a) IN GENERAL.—Chapter 89B is amended— 

3 (1) in section 8986(a)— 

4 (A) by inserting ‘‘or domestic partner’’ after 

5 ‘‘a spouse’’; and 

6 (B) by striking ‘‘either spouse,’’ and insert7 ing ‘‘either spouse or either domestic partner (as 

8 the case may be),’’; and 

9 (2) in section 8987, by inserting ‘‘surviving do10 mestic partner,’’ after ‘‘surviving spouse,’’. 

11 (b) EFFECTIVE DATE.—The amendments made by this 

12 section shall apply with respect to contract years beginning 

13 after the end of the 6-month period beginning on the date 

14 of the enactment of this Act. 

15 SEC. 405. LONG-TERM CARE INSURANCE. 

16 (a) IN GENERAL.—Chapter 90 is amended— 

17 (1) in section 9001(5)— 

18 (A) in subparagraph (A), by striking ‘‘or 

19 (4).’’ and inserting ‘‘or (4) (and the domestic 

20 partner of an individual described in paragraph 

21 (1), (2), or (4) or of an individual who satisfies 

22 paragraph (3) by virtue of having been ap23 pointed to a position in the commissioned corps 

24 of the Public Health Service or the commissioned 

25 corps of the National Oceanic and Atmospheric 

26 Administration).’’; and 


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1 (B) in subparagraph (C), by inserting ‘‘or 

2 of the domestic partner of such an individual,’’ 

3 after ‘‘(4),’’; and 

4 (2) in section 9002(e)(2)— 

5 (A) in the heading, by striking ‘‘SPOUSAL

6 PARITY’’ and inserting the following: ‘‘PARITY

7 FOR SPOUSE OR DOMESTIC PARTNER’’; and 

8 (B) by inserting ‘‘or domestic partner’’ after 

9 ‘‘spouse’’. 

10 (b) EFFECTIVE DATE.—The amendments made by this 

11 section shall apply with respect to calendar years beginning 

12 after the end of the 6-month period beginning on the date 

13 of the enactment of this Act. 

14 TITLE V—TRAVEL, TRANSPOR15 TATION, AND SUBSISTENCE 

16 SEC. 501. REIMBURSEMENT FOR TAXES INCURRED ON 

17 MONEY RECEIVED FOR TRAVEL EXPENSES. 

18 (a) IN GENERAL.—Section 5706c is amended— 

19 (1) in subsection (a), by striking ‘‘by an em20 ployee and such employee’s spouse (if filing jointly),’’ 

21 and inserting ‘‘by an employee and such employee’s 

22 spouse (or, where allowable, such employee’s domestic 

23 partner), if filing jointly,’’; and 

24 (2) in subsection (b), by striking ‘‘employee and 

25 spouse, as the case may be,’’ and inserting ‘‘employee 


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1 and spouse (or domestic partner), as the case may 

2 be’’. 

3 (b) EFFECTIVE DATE.—The amendments made by this 

4 section shall apply with respect to taxable years beginning 

5 after the end of the 6-month period beginning on the date 

6 of the enactment of this Act. 

7 SEC. 502. RELOCATION EXPENSES OF EMPLOYEES TRANS8 FERRED OR REEMPLOYED. 

9 (a) IN GENERAL.—Section 5724a(b)(1)(A) is amended 

10 by striking ‘‘employee’s spouse’’ and inserting ‘‘employee’s 

11 spouse (or domestic partner)’’. 

12 (b) EFFECTIVE DATE.—The amendment made by this 

13 section shall apply with respect to expenses incurred after 

14 the end of the 6-month period beginning on the date of the 

15 enactment of this Act. 

16 SEC. 503. TAXES ON REIMBURSEMENTS FOR TRAVEL, 

17 TRANSPORTATION, AND RELOCATION EX18 PENSES OF EMPLOYEES TRANSFERRED. 

19 (a) IN GENERAL.—Section 5724b(a) is amended— 

20 (1) by striking ‘‘by an employee and such em21 ployee’s spouse (if filing jointly),’’ and inserting ‘‘by 

22 an employee and such employee’s spouse (or, where 

23 allowable, such employee’s domestic partner), if filing 

24 jointly,’’; and 


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1 (2) by striking ‘‘employee and spouse, as the case 

2 may be,’’ and inserting ‘‘employee and spouse (or do3 mestic partner), as the case may be,’’. 

4 (b) EFFECTIVE DATE.—The amendments made by this 

5 section shall apply with respect to taxable years beginning 

6 after the end of the 6-month period beginning on the date 

7 of the enactment of this Act. 

8 SEC. 504. RELOCATION EXPENSES OF AN EMPLOYEE WHO IS 

9 PERFORMING AN EXTENDED ASSIGNMENT. 

10 (a) IN GENERAL.—Section 5737(a)(4) is amended by 

11 inserting ‘‘(or domestic partner)’’ after ‘‘employee and 

12 spouse’’. 

13 (b) EFFECTIVE DATE.—The amendment made by this 

14 section shall apply with respect to expenses incurred after 

15 the end of the 6-month period beginning on the date of the 

16 enactment of this Act. 

17 TITLE VI—COMPENSATION FOR 

18 WORK INJURIES 

19 SEC. 601. DEFINITIONS. 

20 Section 8101 is amended— 

21 (1) in paragraph (9), by inserting ‘‘children (in22 cluding adopted children) of a domestic partner,’’ 

23 after ‘‘adopted children,’’; 

24 (2) in paragraph (19), by striking ‘‘and’’ at the 

25 end; 


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1 (3) in paragraph (20), by striking the period 

2 and inserting a semicolon; and 

3 (4) by adding after paragraph (20) the fol4 lowing: 

5 ‘‘(21) ‘domestic partner’ means an individual 

6 who is in a domestic partnership with another indi7 vidual of the same sex, as determined by the Secretary 

8 of Labor for purposes of this subchapter pursuant to 

9 regulations issued by the Secretary, in consultation 

10 with the Director of the Office of Personnel Manage11 ment, consistent with the requirements that— 

12 ‘‘(A) both individuals are at least 18 years 

13 of age and competent to contract; 

14 ‘‘(B) both individuals intend to remain in 

15 the domestic partnership indefinitely; 

16 ‘‘(C) such individuals— 

17 ‘‘(i) have a common residence; or 

18 ‘‘(ii) do not have a common residence 

19 because of financial, employment-related, or 

20 other reasons; 

21 ‘‘(D) neither individual is married to or in 

22 a domestic partnership with anyone outside of 

23 the domestic partnership referred to in subpara24 graph (B); 


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1 ‘‘(E) the 2 individuals share responsibility 

2 for a significant measure of each other’s common 

3 welfare and financial obligations; 

4 ‘‘(F) the 2 individuals are not related in a 

5 way that, if they were of the opposite sex, would 

6 prohibit legal marriage in the jurisdiction in 

7 which either of them resides; 

8 ‘‘(G) at least 1 of them is an employee or 

9 an individual otherwise eligible for coverage 

10 under this subchapter based on such individual’s 

11 employment or other service; and 

12 ‘‘(H) both individuals understand that will13 ful falsification of information within the affi14 davit or failure to provide appropriate notifica15 tion of the termination of the domestic partner16 ship may lead to the recovery of the amounts ob17 tained as a result of such falsification or failure 

18 (as the case may be), criminal or other penalties, 

19 and (in appropriate circumstances) disciplinary 

20 action; and 

21 ‘‘(22) ‘surviving partner’ means the domestic 

22 partner living with or dependent for support on the 

23 decedent at the time of his or her death, or living 

24 apart for reasonable cause or because of his or her de25 sertion.’’. 


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1 SEC. 602. DEATH GRATUITY FOR INJURIES INCURRED IN 

2 CONNECTION WITH EMPLOYEE’S SERVICE 

3 WITH AN ARMED FORCE. 

4 Section 8102a(d) is amended— 

5 (1) in paragraph (1)(A), by striking ‘‘surviving 

6 spouse.’’ and inserting ‘‘surviving spouse (or sur7 viving partner).’’; and 

8 (2) in paragraph (2)(C), by inserting ‘‘(includ9 ing children of a domestic partner)’’ after ‘‘step10 children’’. 

11 SEC. 603. BENEFICIARIES OF AWARDS UNPAID AT DEATH; 

12 ORDER OF PRECEDENCE. 

13 Section 8109(a)(D) is amended— 

14 (1) in clause (i), by striking ‘‘the widow or wid15 ower.’’ and inserting ‘‘the widow or widower (or the 

16 surviving partner).’’; 

17 (2) in clause (ii)— 

18 (A) by inserting ‘‘(or a surviving partner)’’ 

19 after ‘‘a widow or widower’’; and 

20 (B) by inserting ‘‘(or the surviving part21 ner)’’ after ‘‘the widow or widower’’; and 

22 (3) in clause (iii), by striking ‘‘no widow or 

23 widower,’’ and inserting ‘‘no widow or widower (and 

24 no surviving partner),’’. 

25 SEC. 604. AUGMENTED COMPENSATION FOR DEPENDENTS. 

26 Section 8110(a) is amended— 


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1 (1) in paragraph (3), by striking ‘‘and’’ at the 

2 end; 

3 (2) in paragraph (4), by striking the period and 

4 inserting ‘‘; and’’; and 

5 (3) by inserting after paragraph (4) the fol6 lowing: 

7 ‘‘(5) a domestic partner, if— 

8 ‘‘(A) he or she is a member of the same 

9 household as the employee; 

10 ‘‘(B) he or she is receiving regular contribu11 tions from the employee for his or her support; 

12 or 

13 ‘‘(C) the employee has been ordered by a 

14 court to contribute to his or her support.’’. 

15 SEC. 605. LIMITATIONS ON RIGHT TO RECEIVE COMPENSA16 TION. 

17 Section 8116(c) is amended by striking ‘‘spouse,’’ and 

18 inserting ‘‘spouse (or domestic partner),’’. 

19 SEC. 606. COMPENSATION IN CASE OF DEATH. 

20 Section 8133 is amended— 

21 (1) in subsection (a)— 

22 (A) in paragraphs (1) and (2), by striking 

23 ‘‘the widow or widower,’’ and inserting ‘‘the 

24 widow or widower (or the surviving partner),’’; 

25 and 


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1 (B) in paragraph (2), by inserting ‘‘(or the 

2 surviving partner)’’ after ‘‘for the widow or wid3 ower’’; 

4 (C) in paragraph (3), by striking ‘‘no 

5 widow or widower,’’ and inserting ‘‘no widow or 

6 widower (and no surviving partner),’’; and 

7 (D) in paragraphs (4) and (5), by inserting 

8 ‘‘surviving partner,’’ after ‘‘widow, widower,’’ 

9 each place it appears; and 

10 (2) in subsection (b)— 

11 (A) by amending paragraph (1) to read as 

12 follows: 

13 ‘‘(1) a widow or widower dies or remarries (or 

14 a surviving partner dies or enters into a subsequent 

15 domestic partnership) before reaching age 55;’’; and 

16 (B) in the last sentence— 

17 (i) by inserting ‘‘(or surviving part18 ner)’’ after ‘‘widow or widower’’; and 

19 (ii) by inserting ‘‘(or more than one 

20 domestic partner)’’ after ‘‘husband or wife’’. 

21 SEC. 607. LUMP-SUM PAYMENT. 

22 Section 8135(b) is amended to read as follows: 

23 ‘‘(b) On remarriage (or entry into a subsequent domes24 tic partnership) before reaching age 55 a widow or widower 

25 (or surviving partner) entitled to compensation under secVerDate Nov 24 2008 21:28 Jan 29, 2010 Jkt 089200 PO 00000 Frm 00070 Fmt 6652 Sfmt 6203 E:\BILLS\H2517.RH H2517

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1 tion 8133 of this title, shall be paid a lump sum equal to 

2 twenty-four times the monthly compensation payment (ex3 cluding compensation on account of another individual) to 

4 which that individual was entitled immediately before the 

5 remarriage (or subsequent domestic partnership).’’. 

6 SEC. 608. REGULATIONS. 

7 (a) IN GENERAL.—The Secretary of Labor may pre8 scribe regulations to carry out this title and the amend9 ments made by this title. 

10 (b) CONSULTATION.—The Secretary of Labor shall con11 sult with the Director of the Office of Personnel Manage12 ment and the heads of any other agencies whose programs 

13 are affected by this Act in order to standardize, to the extent 

14 possible, the process for establishing the existence of a do15 mestic partnership under each such program. 

16 SEC. 609. EFFECTIVE DATE. 

17 (a) IN GENERAL.—Subject to succeeding provisions of 

18 this section, this title and the amendments made by this 

19 title— 

20 (1) shall take effect on the date of enactment of 

21 this Act; and 

22 (2) shall apply with respect to any injury or 

23 death occurring before, on, or after such date of enact24 ment. 


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1 (b) TIMELY CLAIM REQUIRED; LIMITATION ON PAY2 MENTS.—No compensation shall be payable, by virtue of the 

3 enactment of this title— 

4 (1) unless timely claim therefor is filed in ac5 cordance with the provisions of sections 8122 or 8193 

6 of title 5, United States Code (as applicable), and 

7 subsection (c); or 

8 (2) with respect to any period commencing before 

9 the date of enactment of this Act. 

10 (c) ALLOWABILITY OF CLAIMS.—In the case of an 

11 original claim for compensation for a disability or death 

12 that occurred before the date of enactment of this Act (and 

13 which would not otherwise be payable, but for the enactment 

14 of the amendments made by this title)— 

15 (1) such claim shall not be allowed if, as of such 

16 date of enactment, a claim based on such disability 

17 or death would no longer be timely (determined in ac18 cordance with such section 8122 or 8193 (as applica19 ble), before the application of paragraph (2)); and 

20 (2) the timeliness of any such claim, if not pre21 cluded by paragraph (1), shall be determined— 

22 (A) by applying the provisions of such sec23 tion 8122 or 8193 (as applicable); and 

24 (B) as if the time limitations of such section 

25 8122 or 8193 (as applicable) did not begin to 


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1 run until the date on which implementing regu2 lations under section 608 become effective. 

3 (d) PAYMENTS FOR PRIOR PERIODS NOT AF4 FECTED.—No recovery shall be made of compensation paid 

5 to any individual whose entitlement to compensation is ter6 minated or reduced as a result of the enactment of this title. 

7 TITLE VII—PROVISIONS RELAT8 ING TO EMPLOYMENT OF REL9 ATIVES AND OTHER MATTERS 

10 SEC. 701. EMPLOYMENT OF RELATIVES; RESTRICTIONS. 

11 Section 3110(a)(3) is amended by inserting ‘‘domestic 

12 partner,’’ after ‘‘husband, wife,’’. 

13 SEC. 702. SETTLEMENT OF ACCOUNTS. 

14 (a) DEFINITION.—Section 5581 is amended— 

15 (1) in paragraph (1), by striking ‘‘and’’ at the 

16 end; 

17 (2) in paragraph (2), by striking ‘‘by Federal 

18 statute.’’ at the end and inserting ‘‘by Federal statute; 

19 and’’; and 

20 (3) by adding at the end the following: 

21 ‘‘(3) ‘surviving partner’ has the meaning given 

22 it by sections 8341 and 8441, respectively.’’. 

23 (b) ORDER OF PRECEDENCE.—Section 5582(b) is 

24 amended by inserting ‘‘(or surviving partner)’’ after 

25 ‘‘widow or widower’’. 


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1 SEC. 703. BENEFITS FOR CAPTIVES. 

2 Section 5569(j) is amended by adding at the end the 

3 following: ‘‘Such regulations shall include provisions to en4 sure that, in the administration of this section, a domestic 

5 partner shall be afforded the same status as a spouse.’’. 

6 SEC. 704. COMPENSATION FOR DISABILITY OR DEATH. 

7 Section 5570 is amended by adding at the end the fol8 lowing: 

9 ‘‘(h) Regulations to carry out this section shall include 

10 provisions to ensure that, in the administration of this sec11 tion, a domestic partner shall be afforded the same status 

12 as a spouse.’’. 

13 SEC. 705. FAMILY AND MEDICAL LEAVE. 

14 (a) DEFINITION.—Section 6381(6) is amended (in the 

15 matter before subparagraph (A)), by inserting ‘‘or a biologi16 cal, adopted, or foster child of the domestic partner of the 

17 employee,’’ before ‘‘who is’’. 

18 (b) LEAVE REQUIREMENT.—Section 6382 is amended 

19 in subsections (a)(1)(C) and (e)(2)(A) by striking ‘‘spouse,’’ 

20 and inserting ‘‘spouse (or domestic partner),’’. 

21 (c) CERTIFICATION.—Section 6383 is amended in sub22 sections (a) and (b)(4)(A) by striking ‘‘spouse,’’ each place 

23 it appears and inserting ‘‘spouse (or domestic partner),’’. 


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1 TITLE VIII—ADDITIONAL 

2 PROVISIONS 

3 SEC. 801. APPLICABILITY. 

4 This title applies with respect to— 

5 (1) benefits in the nature of family, medical, and 

6 emergency leave, as provided for under— 

7 (A) the Family and Medical Leave Act of 

8 1993 (29 U.S.C. 2601 et seq.), insofar as that 

9 Act applies to the Government Accountability 

10 Office and the Library of Congress; 

11 (B) section 202 of the Congressional Ac12 countability Act of 1995 (2 U.S.C. 1312); or 

13 (C) section 412 of title 3, United States 

14 Code; 

15 (2) travel, transportation, and related payments 

16 and benefits, as provided for under— 

17 (A) chapter 9 of title I of the Foreign Serv18 ice Act of 1980 (22 U.S.C. 4081 et seq.); or 

19 (B) section 1599b of title 10, United States 

20 Code; 

21 (3) benefits for members of the commissioned of22 ficer corps of the National Oceanic and Atmospheric 

23 Administration, as provided for under— 


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1 (A) section 261 of the National Oceanic and 

2 Atmospheric Administration Commissioned Offi3 cer Corps Act of 2002 (33 U.S.C. 3071); or 

4 (B) any other provisions of title 10, United 

5 States Code (apart from those made applicable 

6 by the provision of law cited in subparagraph 

7 (A)); and 

8 (4) benefits, provided for under any other provi9 sions of law, which (as determined by the President 

10 or a designee)— 

11 (A) relate to employees or annuitants (as 

12 those terms are defined by section 2110 of title 

13 5, United States Code); and 

14 (B) are necessary to carry out the purposes 

15 of this Act with respect to benefits. 

16 SEC. 802. REGULATIONS. 

17 The President (or designee) shall prescribe any regula18 tions necessary to ensure that the provisions of law identi19 fied in or under section 801 are administered in a manner 

20 consistent with the purposes of this Act. 


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1 TITLE IX—AMENDMENT TO THE 

2 ETHICS IN GOVERNMENT ACT 

3 OF 1978 

4 SEC. 901. AMENDMENT TO THE ETHICS IN GOVERNMENT 

5 ACT OF 1978. 

6 The Ethics in Government Act of 1978 (5 U.S.C. App.) 

7 is amended by adding at the end of title I the following: 

8 ‘‘DOMESTIC PARTNERS

9 ‘‘SEC. 112. (a) An employee, former employee, or an10 nuitant and the domestic partner of such employee, former 

11 employee, or annuitant (as the case may be) shall be subject 

12 to the provisions of law cited in subsection (b) to the same 

13 extent and in the same manner as in the case of a married 

14 employee, former employee, or annuitant and the spouse of 

15 such employee, former employee, or annuitant (as the case 

16 may be). 

17 ‘‘(b) The provisions of law cited in this subsection are 

18 as follows: 

19 ‘‘(1) The preceding provisions of this title (relat20 ing to financial disclosure requirements of Federal 

21 personnel) and the provisions of title V (relating to 

22 Government-wide limitations on outside earned in23 come and employment). 


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1 ‘‘(2) Regulations prescribed under section 7301 

2 of title 5, United States Code (relating to regulations 

3 for the conduct of employees in the executive branch). 

4 ‘‘(3) Section 7351 of title 5, United States Code 

5 (relating to gifts to superiors). 

6 ‘‘(4) Section 7353 of title 5, United States Code 

7 (relating to gifts to Federal employees). 

8 ‘‘(5) Chapter 11 of title 18, United States Code 

9 (relating to bribery, graft, and conflicts of interest). 

10 ‘‘(6) Section 7342 of title 5, United States Code 

11 (relating to receipt and disposition of foreign gifts 

12 and decorations). 

13 ‘‘(7) Section 1353 of title 31, United States Code 

14 (relating to acceptance of travel and related expenses 

15 from non-Federal sources). 

16 ‘‘(8) Sections 4941 and 4946 of the Internal Rev17 enue Code of 1986 (relating to taxes on self-dealing 

18 and definitions and special rules). 

19 ‘‘(9) Section 455 of title 28, United States Code 

20 (relating to disqualification of justice, judge, or mag21 istrate judge). 

22 ‘‘(c) For purposes of this section, the term ‘domestic 

23 partner’ has the meaning given such term by section 2110 

24 of title 5, United States Code.’’. 


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1 TITLE X—REPORTING 

2 REQUIREMENTS 

3 SEC. 1001. REPORT OF THE PRESIDENT. 

4 Not later than 6 months after the date of the enactment 

5 of this Act, the President shall transmit to the Committee 

6 on Oversight and Government Reform of the House of Rep7 resentatives and the Committee on Homeland Security and 

8 Governmental Affairs of the Senate— 

9 (1) a report on the implementation of this Act, 

10 including the amendments made by this Act; and 

11 (2) a description of any further measures that 

12 should be taken in order to carry out the purposes of 

13 this Act, including recommendations for any legisla14 tion or administrative action that may be necessary. 

15 SEC. 1002. GAO REPORT. 

16 Not later than 2 years after the date of the enactment 

17 of this Act, the Government Accountability Office shall 

18 transmit to the Committee on Oversight and Government 

19 Reform of the House of Representatives and the Committee 

20 on Homeland Security and Governmental Affairs of the 

21 Senate a report on the effect that this Act and any amend22 ments made by this Act have had on premiums or any other 

23 periodic charges payable by enrollees under chapter 89 of 

24 title 5, United States Code (relating to the Federal employ25 ees health benefits program), and the impact of extending 


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1 benefits to domestic partners on the employee retention and 

2 recruitment efforts by the Federal government. 


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Union Calendar No. 239 

111TH CONGRESS 

2D SESSION H. R. 2517 

[Report No. 111–400, Part I] 

A BILL 

To provide certain benefits to domestic partners of 

Federal employees. 

JANUARY 29, 2010 

The Committees on House Administration and the Judito be printed Whole House on the State of the Union and ordered ciary discharged; committed to the Committee of the 


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