Presidential Documents

Federal Register / Vol. 75, No. 109 / Tuesday, June 8, 2010 / Presidential Documents 32247 

Memorandum of June 2, 2010 

Extension of Benefits to Same-Sex Domestic Partners of Federal Employees 

Memorandum for the Heads of Executive Departments and Agencies 

For far too long, many of our Government’s hard-working, dedicated LGBT 

employees have been denied equal access to the basic rights and benefits 

their colleagues enjoy. This kind of systemic inequality undermines the 

health, well-being, and security not just of our Federal workforce, but also 

of their families and communities. That is why, last June, I directed the 

heads of executive departments and agencies (agencies), in consultation 

with the Office of Personnel Management (OPM), to conduct a thorough 

review of the benefits they provide and to identify any that could be extended 

to LGBT employees and their partners and families. Although legislative 

action is necessary to provide full equality to LGBT Federal employees, 

the agencies have identified a number of benefits that can be extended 

under existing law. OPM, in consultation with the Department of Justice, 

has provided me with a report recommending that all of the identified 

benefits be extended. 

Accordingly, I hereby direct the following: 

Section 1. Immediate Actions To Extend Benefits. Agencies should immediately take the following actions, consistent with existing law, in order 

to extend benefits to the same-sex domestic partners of Federal employees, 

and, where applicable, to the children of same-sex domestic partners of 

Federal employees: 

(a) The Director of OPM should take appropriate action to: 

(i) clarify that the children of employees’ same-sex domestic partners 

fall within the definition of ‘‘child’’ for purposes of Federal child-care 

subsidies, and, where appropriate, for child-care services; 

(ii) clarify that, for purposes of employee assistance programs, same-sex 

domestic partners and their children qualify as ‘‘family members’’; 

(iii) issue a proposed rule that would clarify that employees’ same-sex 

domestic partners qualify as ‘‘family members’’ for purposes of noncompetitive appointments made pursuant to Executive Order 12721 of July 30, 

1990; 

(iv) issue a proposed rule that would add a Federal retiree’s same-sex 

domestic partner to the list of individuals presumed to have an insurable 

interest in the employee pursuant to 5 U.S.C. 8339(k)(1), 8420; 

(v) clarify that under appropriate circumstances, employees’ same-sex domestic partners and their children qualify as dependents for purposes 

of evacuation payments made under 5 U.S.C. 5522–5523; Folio: 1632 

(vi) amend its guidance on implementing President Clinton’s April 11, 

1997, memorandum to heads of executive departments and agencies on 

‘‘Expanded Family and Medical Leave Policies’’ to specify that the 24 

hours of unpaid leave made available to Federal employees in connection 

with (i) school and early childhood educational activities; (ii) routine 

family medical purposes; and (iii) elderly relatives’ health or care needs, 

may be used to meet the needs of an employee’s same-sex domestic 

partner or the same-sex domestic partner’s children; and 


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32248 Federal Register / Vol. 75, No. 109 / Tuesday, June 8, 2010 / Presidential Documents 

(vii) clarify that employees’ same-sex domestic partners qualify as dependents for purposes of calculating the extra allowance payable under 5 

U.S.C. 5942a to assist employees stationed on Johnston Island, subject 

to any limitations applicable to spouses. 

(b) The Administrator of General Services should take appropriate action 

to amend the definitions of ‘‘immediate family’’ and ‘‘dependent’’ appearing 

in the Federal Travel Regulations, 41 C.F.R. Chs. 300–304, to include samesex domestic partners and their children, so that employees and their domestic partners and children can obtain the full benefits available under applicable law, including certain travel, relocation, and subsistence payments. 

(c) All agencies offering any of the benefits specified by OPM in implementing guidance under section 3 of this memorandum, including credit 

union membership, access to fitness facilities, and access to planning and 

counseling services, should take all appropriate action to provide the same 

level of benefits that is provided to employees’ spouses and their children 

to employees’ same-sex domestic partners and their children. 

(d) All agencies with authority to provide benefits to employees outside 

of the context of title 5, United States Code should take all appropriate 

actions to ensure that the benefits being provided to employees’ spouses 

and their children are also being provided, at an equivalent level wherever 

permitted by law, to their employees’ same-sex domestic partners and their 

children. 

Sec. 2. Continuing Obligation To Provide New Benefits. In the future, 

all agencies that provide new benefits to the spouses of Federal employees 

and their children should, to the extent permitted by law, also provide 

them to the same-sex domestic partners of their employees and those samesex domestic partners’ children. This section applies to appropriated and 

nonappropriated fund instrumentalities of such agencies. 

Sec. 3. Monitoring and Guidance. The Director of OPM shall monitor compliance with this memorandum, and may instruct agencies to provide the 

Director with reports on the status of their compliance, and prescribe the 

form Folio: 1633and manner of such reports. The Director of OPM shall 

also issue guidance to ensure consistent and appropriate implementation. 

Sec. 4. Reporting. By April 1, 2011, and annually thereafter, the Director 

of OPM shall provide the President with a report on the progress of the 

agencies in implementing this memorandum until such time as all recommendations have been appropriately implemented. 

Sec. 5. General Provisions. (a) Except as expressly stated herein, nothing 

in this memorandum shall be construed to impair or otherwise affect: 

(i) authority granted by law or Executive Order to an agency, or the 

head thereof; or 

(ii) functions of the Director of the Office of Management and Budget 

relating to budgetary, administrative, or legislative proposals. 

(b) This memorandum shall be implemented consistent with applicable 

law and subject to the availability of appropriations. 


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Federal Register / Vol. 75, No. 109 / Tuesday, June 8, 2010 / Presidential Documents 32249 

(c) This memorandum is not intended to, and does not, create any right 

or benefit, substantive or procedural, enforceable at law or in equity by 

any party against the United States, its departments, agencies, or entities, 

its officers, employees, or agents, or any other person. 

Sec. 6. Publication. The Director of OPM is hereby authorized and directed 

to publish this memorandum in the Federal Register. 

THE WHITE HOUSE, 

Washington, June 2, 2010 

[FR Doc. 2010–13848 

Filed 6–7–10; 8:45 am] 

Billing code 6325–01–P Folio: 1634 


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