I 

111TH CONGRESS 

1ST SESSION H. R. 2517 

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 

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. 

4 This Act may be cited as the ‘‘Domestic Partnership 

5 Benefits and Obligations Act of 2009’’. 

6 SEC. 2. BENEFITS TO DOMESTIC PARTNERS OF FEDERAL 

7 EMPLOYEES. 

8 (a) IN GENERAL.—An employee who has a domestic 

9 partner and the domestic partner of the employee shall 

10 be entitled to benefits available to, and shall be subject 

11 to obligations imposed upon, a married employee and the 

12 spouse of the employee. 

13 (b) CERTIFICATION OF ELIGIBILITY.—In order to ob14 tain benefits and assume obligations under this Act, an 

15 employee shall file an affidavit of eligibility for benefits 

16 and obligations with the Office of Personnel Management 

17 identifying the domestic partner of the employee and certi18 fying that the employee and the domestic partner of the 

19 employee— 

20 (1) are each other’s sole domestic partner and 

21 intend to remain so indefinitely; 

22 (2) have a common residence, and intend to 

23 continue the arrangement; 

24 (3) are at least 18 years of age and mentally 

25 competent to consent to contract; 


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1 (4) share responsibility for a significant meas2 ure of each other’s common welfare and financial ob3 ligations; 

4 (5) are not married to or domestic partners 

5 with anyone else; 

6 (6) are same sex domestic partners, and not re7 lated in a way that, if the two were of opposite sex, 

8 would prohibit legal marriage in the State in which 

9 they reside; and 

10 (7) understand that willful falsification of infor11 mation within the affidavit may lead to disciplinary 

12 action and the recovery of the cost of benefits re13 ceived related to such falsification and may con14 stitute a criminal violation. 

15 (c) DISSOLUTION OF PARTNERSHIP.— 

16 (1) IN GENERAL.—An employee or domestic 

17 partner of an employee who obtains benefits under 

18 this Act shall file a statement of dissolution of the 

19 domestic partnership with the Office of Personnel 

20 Management not later than 30 days after the death 

21 of the employee or the domestic partner or the date 

22 of dissolution of the domestic partnership. 

23 (2) DEATH OF EMPLOYEE.—In a case in which 

24 an employee dies, the domestic partner of the em25 ployee at the time of death shall receive under this 


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1 Act such benefits as would be received by the widow 

2 or widower of an employee. 

3 (3) OTHER DISSOLUTION OF PARTNERSHIP.— 

4 (A) IN GENERAL.—In a case in which a 

5 domestic partnership dissolves by a method 

6 other than death of the employee or domestic 

7 partner of the employee, any benefits received 

8 by the domestic partner as a result of this Act 

9 shall terminate. 

10 (B) EXCEPTION.—In a case in which a do11 mestic partnership dissolves by a method other 

12 than death of the employee or domestic partner 

13 of the employee, the former domestic partner of 

14 the employee shall be entitled to benefits avail15 able to, and shall be subject to obligations im16 posed upon, a former spouse. 

17 (d) STEPCHILDREN.—For purposes of affording ben18 efits under this Act, any natural or adopted child of a do19 mestic partner of an employee shall be deemed a stepchild 

20 of the employee. 

21 (e) CONFIDENTIALITY.—Any information submitted 

22 to the Office of Personnel Management under subsection 

23 (b) shall be used solely for the purpose of certifying an 

24 individual’s eligibility for benefits under subsection (a). 

25 (f) REGULATIONS AND ORDERS.— 


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1 (1) OFFICE OF PERSONNEL MANAGEMENT.— 

2 Not later than 6 months after the date of enactment 

3 of this Act, the Office of Personnel Management 

4 shall promulgate regulations to implement sub5 sections (b) and (c). 

6 (2) OTHER EXECUTIVE BRANCH REGULA7 TIONS.—Not later than 6 months after the date of 

8 enactment of this Act, the President or designees of 

9 the President shall promulgate regulations to imple10 ment this Act with respect to benefits and obliga11 tions administered by agencies or other entities of 

12 the executive branch. 

13 (3) OTHER REGULATIONS AND ORDERS.—Not 

14 later than 6 months after the date of enactment of 

15 this Act, each agency or other entity or official not 

16 within the executive branch that administers a pro17 gram providing benefits or imposing obligations shall 

18 promulgate regulations or orders to implement this 

19 Act with respect to the program. 

20 (4) PROCEDURE.—Regulations and orders re21 quired under this subsection shall be promulgated 

22 after notice to interested persons and an opportunity 

23 for comment. 

24 (g) DEFINITIONS.—In this Act: 

25 (1) BENEFITS.—The term ‘‘benefits’’ means— 


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1 (A) health insurance and enhanced dental 

2 and vision benefits, as provided under chapters 

3 89, 89A, and 89B of title 5, United States 

4 Code; 

5 (B) retirement and disability benefits and 

6 plans, as provided under— 

7 (i) chapters 83 and 84 of title 5, 

8 United States Code; 

9 (ii) chapter 8 of the Foreign Service 

10 Act of 1980 (22 U.S.C. 4041 et seq.); and 

11 (iii) the Central Intelligence Agency 

12 Retirement Act of 1964 for Certain Em13 ployees (50 U.S.C. chapter 38); 

14 (C) family, medical, and emergency leave, 

15 as provided under— 

16 (i) subchapters III, IV, and V of 

17 chapter 63 of title 5, United States Code; 

18 (ii) the Family and Medical Leave Act 

19 of 1993 (29 U.S.C. 2601 et seq.), insofar 

20 as that Act applies to the Government Ac21 countability Office and the Library of Con22 gress; 

23 (iii) section 202 of the Congressional 

24 Accountability Act of 1995 (2 U.S.C. 

25 1312); and 


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1 (iv) section 412 of title 3, United 

2 States Code; 

3 (D) Federal group life insurance, as pro4 vided under chapter 87 of title 5, United States 

5 Code; 

6 (E) long-term care insurance, as provided 

7 under chapter 90 of title 5, United States Code; 

8 (F) compensation for work injuries, as pro9 vided under chapter 81 of title 5, United States 

10 Code; 

11 (G) benefits for disability, death, or cap12 tivity, as provided under— 

13 (i) sections 5569 and 5570 of title 5, 

14 United States Code; 

15 (ii) section 413 of the Foreign Service 

16 Act of 1980 (22 U.S.C. 3973); 

17 (iii) part L of title I of the Omnibus 

18 Crime Control and Safe Streets Act of 

19 1968 (42 U.S.C. 3796 et seq.), insofar as 

20 that part applies to any employee; and 

21 (H) travel, transportation, and related pay22 ments and benefits, as provided under— 

23 (i) chapter 57 of title 5, United States 

24 Code; 


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1 (ii) chapter 9 of the Foreign Service 

2 Act of 1980 (22 U.S.C. 4081 et seq.); and 

3 (iii) section 1599b of title 10, United 

4 States Code; and 

5 (I) any other benefit similar to a benefit 

6 described under subparagraphs (A) through (H) 

7 provided by or on behalf of the United States 

8 to any employee. 

9 (2) DOMESTIC PARTNER.—The term ‘‘domestic 

10 partner’’ means an adult unmarried person living 

11 with another adult unmarried person of the same 

12 sex in a committed, intimate relationship. 

13 (3) EMPLOYEE.—The term ‘‘employee’’— 

14 (A) means an officer or employee of the 

15 United States or of any department, agency, or 

16 other entity of the United States, including the 

17 President of the United States, the Vice Presi18 dent of the United States, a Member of Con19 gress, or a Federal judge; and 

20 (B) shall not include a member of the uni21 formed services. 

22 (4) OBLIGATIONS.—The term ‘‘obligations’’ 

23 means any duties or responsibilities with respect to 

24 Federal employment that would be incurred by a 

25 married employee or by the spouse of an employee. 


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1 (5) UNIFORMED SERVICES.—The term ‘‘uni2 formed services’’ has the meaning given under sec3 tion 2101(3) of title 5, United States Code. 

4 SEC. 3. EFFECTIVE DATE. 

5 This Act including the amendments made by this Act 

6 shall— 

7 (1) with respect to the provision of benefits and 

8 obligations, take effect 6 months after the date of 

9 enactment of this Act; and 

10 (2) apply to any individual who is employed as 

11 an employee on or after the date of enactment of 

12 this Act. 

Æ 


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