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[Congressional Bills 111th Congress]
[From the U.S. Government Publishing Office]
[S. 1102 Introduced in Senate (IS)]

111th CONGRESS
  1st Session
                                S. 1102

     To provide benefits to domestic partners of Federal employees.

_______________________________________________________________________

                   IN THE SENATE OF THE UNITED STATES

                              May 20, 2009

 Mr. Lieberman (for himself and Ms. Collins) introduced the following 
 bill; which was read twice and referred to the Committee on Homeland 
                   Security and Governmental Affairs

_______________________________________________________________________

                                 A BILL

 
     To provide benefits to domestic partners of Federal employees.

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

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Domestic Partnership Benefits and 
Obligations Act of 2009''.

SEC. 2. BENEFITS TO DOMESTIC PARTNERS OF FEDERAL EMPLOYEES.

    (a) In General.--An employee who has a domestic partner and the 
domestic partner of the employee shall be entitled to benefits 
available to, and shall be subject to obligations imposed upon, a 
married employee and the spouse of the employee.
    (b) Certification of Eligibility.--In order to obtain benefits and 
assume obligations under this Act, an employee shall file an affidavit 
of eligibility for benefits and obligations with the Office of 
Personnel Management identifying the domestic partner of the employee 
and certifying that the employee and the domestic partner of the 
employee--
            (1) are each other's sole domestic partner and intend to 
        remain so indefinitely;
            (2) have a common residence, and intend to continue the 
        arrangement;
            (3) are at least 18 years of age and mentally competent to 
        consent to contract;
            (4) share responsibility for a significant measure of each 
        other's common welfare and financial obligations;
            (5) are not married to or domestic partners with anyone 
        else;
            (6) are same sex domestic partners, and not related in a 
        way that, if the 2 were of opposite sex, would prohibit legal 
        marriage in the State in which they reside; and
            (7) understand that willful falsification of information 
        within the affidavit may lead to disciplinary action and the 
        recovery of the cost of benefits received related to such 
        falsification and may constitute a criminal violation.
    (c) Dissolution of Partnership.--
            (1) In general.--An employee or domestic partner of an 
        employee who obtains benefits under this Act shall file a 
        statement of dissolution of the domestic partnership with the 
        Office of Personnel Management not later than 30 days after the 
        death of the employee or the domestic partner or the date of 
        dissolution of the domestic partnership.
            (2) Death of employee.--In a case in which an employee 
        dies, the domestic partner of the employee at the time of death 
        shall receive under this Act such benefits as would be received 
        by the widow or widower of an employee.
            (3) Other dissolution of partnership.--
                    (A) In general.--In a case in which a domestic 
                partnership dissolves by a method other than death of 
                the employee or domestic partner of the employee, any 
                benefits received by the domestic partner as a result 
                of this Act shall terminate.
                    (B) Exception.--In a case in which a domestic 
                partnership dissolves by a method other than death of 
                the employee or domestic partner of the employee, the 
                former domestic partner of the employee shall be 
                entitled to benefits available to, and shall be subject 
                to obligations imposed upon, a former spouse.
    (d) Stepchildren.--For purposes of affording benefits under this 
Act, any natural or adopted child of a domestic partner of an employee 
shall be deemed a stepchild of the employee.
    (e) Confidentiality.--Any information submitted to the Office of 
Personnel Management under subsection (b) shall be used solely for the 
purpose of certifying an individual's eligibility for benefits under 
subsection (a).
    (f) Regulations and Orders.--
            (1) Office of personnel management.--Not later than 6 
        months after the date of enactment of this Act, the Office of 
        Personnel Management shall promulgate regulations to implement 
        section 2 (b) and (c).
            (2) Other executive branch regulations.--Not later than 6 
        months after the date of enactment of this Act, the President 
        or designees of the President shall promulgate regulations to 
        implement this Act with respect to benefits and obligations 
        administered by agencies or other entities of the executive 
        branch.
            (3) Other regulations and orders.--Not later than 6 months 
        after the date of enactment of this Act, each agency or other 
        entity or official not within the executive branch that 
        administers a program providing benefits or imposing 
        obligations shall promulgate regulations or orders to implement 
        this Act with respect to the program.
            (4) Procedure.--Regulations and orders required under this 
        subsection shall be promulgated after notice to interested 
        persons and an opportunity for comment.
    (g) Definitions.--In this Act:
            (1) Benefits.--The term ``benefits'' means--
                    (A) health insurance and enhanced dental and vision 
                benefits, as provided under chapters 89, 89A, and 89B 
                of title 5, United States Code;
                    (B) retirement and disability benefits and plans, 
                as provided under--
                            (i) chapters 83 and 84 of title 5, United 
                        States Code;
                            (ii) chapter 8 of the Foreign Service Act 
                        of 1980 (22 U.S.C. 4041 et seq.); and
                            (iii) the Central Intelligence Agency 
                        Retirement Act of 1964 for Certain Employees 
                        (50 U.S.C. chapter 38);
                    (C) family, medical, and emergency leave, as 
                provided under--
                            (i) subchapters III, IV, and V of chapter 
                        63 of title 5, United States Code;
                            (ii) the Family and Medical Leave Act of 
                        1993 (29 U.S.C. 2601 et seq.), insofar as that 
                        Act applies to the Government Accountability 
                        Office and the Library of Congress;
                            (iii) section 202 of the Congressional 
                        Accountability Act of 1995 (2 U.S.C. 1312); and
                            (iv) section 412 of title 3, United States 
                        Code;
                    (D) Federal group life insurance, as provided under 
                chapter 87 of title 5, United States Code;
                    (E) long-term care insurance, as provided under 
                chapter 90 of title 5, United States Code;
                    (F) compensation for work injuries, as provided 
                under chapter 81 of title 5, United States Code;
                    (G) benefits for disability, death, or captivity, 
                as provided under--
                            (i) sections 5569 and 5570 of title 5, 
                        United States Code;
                            (ii) section 413 of the Foreign Service Act 
                        of 1980 (22 U.S.C. 3973); and
                            (iii) part L of title I of the Omnibus 
                        Crime Control and Safe Streets Act of 1968 (42 
                        U.S.C. 3796 et seq.), insofar as that part 
                        applies to any employee;
                    (H) travel, transportation, and related payments 
                and benefits, as provided under--
                            (i) chapter 57 of title 5, United States 
                        Code;
                            (ii) chapter 9 of the Foreign Service Act 
                        of 1980 (22 U.S.C. 4081 et seq.); and
                            (iii) section 1599b of title 10, United 
                        States Code; and
                    (I) any other benefit similar to a benefit 
                described under subparagraphs (A) through (H) provided 
                by or on behalf of the United States to any employee.
            (2) Domestic partner.--The term ``domestic partner'' means 
        an adult unmarried person living with another adult unmarried 
        person of the same sex in a committed, intimate relationship.
            (3) Employee.--The term ``employee''--
                    (A) means an officer or employee of the United 
                States or of any department, agency, or other entity of 
                the United States, including the President of the 
                United States, the Vice President of the United States, 
                a Member of Congress, or a Federal judge; and
                    (B) shall not include a member of the uniformed 
                services.
            (4) Obligations.--The term ``obligations'' means any duties 
        or responsibilities with respect to Federal employment that 
        would be incurred by a married employee or by the spouse of an 
        employee.
            (5) Uniformed services.--The term ``uniformed services'' 
        has the meaning given under section 2101(3) of title 5, United 
        States Code.

SEC. 3. EFFECTIVE DATE.

    This Act shall--
            (1) with respect to the provision of benefits and 
        obligations, take effect 6 months after the date of enactment 
        of this Act; and
            (2) apply to any individual who is employed as an employee 
        on or after the date of enactment of this Act.
                                 <all>
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