I 

110TH CONGRESS 

1ST SESSION H. R. 4838 

To provide benefits to domestic partners of Federal employees. 

IN THE HOUSE OF REPRESENTATIVES 

DECEMBER 19, 2007 

Ms. BALDWIN (for herself, Mr. SHAYS, Mr. WAXMAN, Mr. TOM DAVIS of Virginia, Mr. FRANK of Massachusetts, Mr. LANTOS, Mr. MCDERMOTT, Mr. 

TOWNS, Ms. HARMAN, Mrs. TAUSCHER, Mr. ELLISON, Mr. ENGEL, Mr. 

MORAN of Virginia, Mr. KUCINICH, Mr. KENNEDY, Mr. ABERCROMBIE, 

Mr. HARE, Mr. CUMMINGS, Ms. VELA ́ZQUEZ, Mr. NADLER, Mrs. 

MALONEY of New York, Ms. LINDA T. SA ́NCHEZ of California, Mr. 

DELAHUNT, Ms. BERKLEY, Ms. DELAURO, Mr. MARKEY, Ms. LEE, Mr. 

LANGEVIN, Ms. SCHAKOWSKY, Mr. ALLEN, Mr. SERRANO, Ms. NORTON, 

Mr. BERMAN, Ms. ROYBAL-ALLARD, Ms. MOORE of Wisconsin, Mr. 

WYNN, Mr. WU, Ms. WASSERMAN SCHULTZ, and Mr. SHERMAN) 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 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 benefits to domestic partners of Federal 

employees. 

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


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1 SECTION 1. SHORT TITLE. 

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

3 Benefits and Obligations Act of 2007’’. 

4 SEC. 2. BENEFITS TO DOMESTIC PARTNERS OF FEDERAL 

5 EMPLOYEES. 

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

7 partner and the domestic partner of the employee shall 

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

9 to obligations imposed upon, a married employee and the 

10 spouse of the employee. 

11 (b) CERTIFICATION OF ELIGIBILITY.—In order to ob12 tain benefits and assume obligations under this Act, an 

13 employee shall file an affidavit of eligibility for benefits 

14 and obligations with the Office of Personnel Management 

15 identifying the domestic partner of the employee and certi16 fying that the employee and the domestic partner of the 

17 employee— 

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

19 intend to remain so indefinitely; 

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

21 continue the arrangement; 

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

23 competent to consent to contract; 

24 (4) share responsibility for a significant meas25 ure of each other’s common welfare and financial ob26 ligations; 


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1 (5) are not married to or domestic partners 

2 with anyone else; 

3 (6) are same sex domestic partners, and not re4 lated in a way that, if the 2 were of opposite sex, 

5 would prohibit legal marriage in the State in which 

6 they reside; and 

7 (7) understand that willful falsification of infor8 mation within the affidavit may lead to disciplinary 

9 action and the recovery of the cost of benefits re10 ceived related to such falsification and may con11 stitute a criminal violation. 

12 (c) DISSOLUTION OF PARTNERSHIP.— 

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

14 partner of an employee who obtains benefits under 

15 this Act shall file a statement of dissolution of the 

16 domestic partnership with the Office of Personnel 

17 Management not later than 30 days after the death 

18 of the employee or the domestic partner or the date 

19 of dissolution of the domestic partnership. 

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

21 an employee dies, the domestic partner of the em22 ployee at the time of death shall receive under this 

23 Act such benefits as would be received by the widow 

24 or widower of an employee. 

25 (3) OTHER DISSOLUTION OF PARTNERSHIP.— 


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

2 domestic partnership dissolves by a method 

3 other than death of the employee or domestic 

4 partner of the employee, any benefits received 

5 by the domestic partner as a result of this Act 

6 shall terminate. 

7 (B) EXCEPTION.—In a case in which a do8 mestic partnership dissolves by a method other 

9 than death of the employee or domestic partner 

10 of the employee, the former domestic partner of 

11 the employee shall be entitled to benefits avail12 able to, and shall be subject to obligations im13 posed upon, a former spouse. 

14 (d) STEPCHILDREN.—For purposes of affording ben15 efits under this Act, any natural or adopted child of a do16 mestic partner of an employee shall be deemed a stepchild 

17 of the employee. 

18 (e) CONFIDENTIALITY.—Any information submitted 

19 to the Office of Personnel Management under subsection 

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

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

22 (f) REGULATIONS AND ORDERS.— 

23 (1) OFFICE OF PERSONNEL MANAGEMENT.— 

24 Not later than 6 months after the date of enactment 

25 of this Act, the Office of Personnel Management 


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1 shall promulgate regulations to implement section 2 

2 (b) and (c). 

3 (2) OTHER EXECUTIVE BRANCH REGULA4 TIONS.—Not later than 6 months after the date of 

5 enactment of this Act, the President or designees of 

6 the President shall promulgate regulations to imple7 ment this Act with respect to benefits and obliga8 tions administered by agencies or other entities of 

9 the executive branch. 

10 (3) OTHER REGULATIONS AND ORDERS.—Not 

11 later than 6 months after the date of enactment of 

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

13 within the executive branch that administers a pro14 gram providing benefits or imposing obligations shall 

15 promulgate regulations or orders to implement this 

16 Act with respect to the program. 

17 (4) PROCEDURE.—Regulations and orders re18 quired under this subsection shall be promulgated 

19 after notice to interested persons and an opportunity 

20 for comment. 

21 (g) DEFINITIONS.—In this Act: 

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

23 (A) health insurance and enhanced dental 

24 and vision benefits, as provided under chapters 


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1 89, 89A, and 89B of title 5, United States 

2 Code; 

3 (B) retirement and disability benefits and 

4 plans, as provided under— 

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

6 United States Code; 

7 (ii) chapter 8 of the Foreign Service 

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

9 (iii) the Central Intelligence Agency 

10 Retirement Act of 1964 for Certain Em11 ployees (50 U.S.C. chapter 38); 

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

13 as provided under— 

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

15 chapter 63 of title 5, United States Code; 

16 (ii) the Family and Medical Leave Act 

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

18 as that Act applies to the Government Ac19 countability Office and the Library of Con20 gress; 

21 (iii) section 202 of the Congressional 

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

23 1312); and 

24 (iv) section 412 of title 3, United 

25 States Code; 


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1 (D) Federal group life insurance, as pro2 vided under chapter 87 of title 5, United States 

3 Code; 

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

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

6 (F) compensation for work injuries, as pro7 vided under chapter 81 of title 5, United States 

8 Code; 

9 (G) benefits for disability, death, or cap10 tivity, as provided under— 

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

12 United States Code; 

13 (ii) section 413 of the Foreign Service 

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

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

16 Crime Control and Safe Streets Act of 

17 1968 (42 U.S.C. 3796 et seq.), insofar as 

18 that part applies to any employee; and 

19 (H) travel, transportation, and related pay20 ments and benefits, as provided under— 

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

22 Code; 

23 (ii) chapter 9 of the Foreign Service 

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


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

2 States Code; and 

3 (I) any other benefit similar to a benefit 

4 described under subparagraphs (A) through (H) 

5 provided by or on behalf of the United States 

6 to any employee. 

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

8 partner’’ means an adult unmarried person living 

9 with another adult unmarried person of the same 

10 sex in a committed, intimate relationship. 

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

12 (A) means an officer or employee of the 

13 United States or of any department, agency, or 

14 other entity of the United States, including the 

15 President of the United States, the Vice Presi16 dent of the United States, a Member of Con17 gress, or a Federal judge; and 

18 (B) shall not include a member of the uni19 formed services. 

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

21 means any duties or responsibilities with respect to 

22 Federal employment that would be incurred by a 

23 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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