II 

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. 

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 


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1 to obligations imposed upon, a married employee and the 

2 spouse of the employee. 

3 (b) CERTIFICATION OF ELIGIBILITY.—In order to ob4 tain benefits and assume obligations under this Act, an 

5 employee shall file an affidavit of eligibility for benefits 

6 and obligations with the Office of Personnel Management 

7 identifying the domestic partner of the employee and certi8 fying that the employee and the domestic partner of the 

9 employee— 

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

11 intend to remain so indefinitely; 

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

13 continue the arrangement; 

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

15 competent to consent to contract; 

16 (4) share responsibility for a significant meas17 ure of each other’s common welfare and financial ob18 ligations; 

19 (5) are not married to or domestic partners 

20 with anyone else; 

21 (6) are same sex domestic partners, and not re22 lated in a way that, if the 2 were of opposite sex, 

23 would prohibit legal marriage in the State in which 

24 they reside; and 


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1 (7) understand that willful falsification of infor2 mation within the affidavit may lead to disciplinary 

3 action and the recovery of the cost of benefits re4 ceived related to such falsification and may con5 stitute a criminal violation. 

6 (c) DISSOLUTION OF PARTNERSHIP.— 

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

8 partner of an employee who obtains benefits under 

9 this Act shall file a statement of dissolution of the 

10 domestic partnership with the Office of Personnel 

11 Management not later than 30 days after the death 

12 of the employee or the domestic partner or the date 

13 of dissolution of the domestic partnership. 

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

15 an employee dies, the domestic partner of the em16 ployee at the time of death shall receive under this 

17 Act such benefits as would be received by the widow 

18 or widower of an employee. 

19 (3) OTHER DISSOLUTION OF PARTNERSHIP.— 

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

21 domestic partnership dissolves by a method 

22 other than death of the employee or domestic 

23 partner of the employee, any benefits received 

24 by the domestic partner as a result of this Act 

25 shall terminate. 


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1 (B) EXCEPTION.—In a case in which a do2 mestic partnership dissolves by a method other 

3 than death of the employee or domestic partner 

4 of the employee, the former domestic partner of 

5 the employee shall be entitled to benefits avail6 able to, and shall be subject to obligations im7 posed upon, a former spouse. 

8 (d) STEPCHILDREN.—For purposes of affording ben9 efits under this Act, any natural or adopted child of a do10 mestic partner of an employee shall be deemed a stepchild 

11 of the employee. 

12 (e) CONFIDENTIALITY.—Any information submitted 

13 to the Office of Personnel Management under subsection 

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

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

16 (f) REGULATIONS AND ORDERS.— 

17 (1) OFFICE OF PERSONNEL MANAGEMENT.— 

18 Not later than 6 months after the date of enactment 

19 of this Act, the Office of Personnel Management 

20 shall promulgate regulations to implement section 2 

21 (b) and (c). 

22 (2) OTHER EXECUTIVE BRANCH REGULA23 TIONS.—Not later than 6 months after the date of 

24 enactment of this Act, the President or designees of 

25 the President shall promulgate regulations to impleVerDate Nov 24 2008 01:43 May 22, 2009 Jkt 079200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6201 E:\BILLS\S1102.IS S1102

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1 ment this Act with respect to benefits and obliga2 tions administered by agencies or other entities of 

3 the executive branch. 

4 (3) OTHER REGULATIONS AND ORDERS.—Not 

5 later than 6 months after the date of enactment of 

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

7 within the executive branch that administers a pro8 gram providing benefits or imposing obligations shall 

9 promulgate regulations or orders to implement this 

10 Act with respect to the program. 

11 (4) PROCEDURE.—Regulations and orders re12 quired under this subsection shall be promulgated 

13 after notice to interested persons and an opportunity 

14 for comment. 

15 (g) DEFINITIONS.—In this Act: 

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

17 (A) health insurance and enhanced dental 

18 and vision benefits, as provided under chapters 

19 89, 89A, and 89B of title 5, United States 

20 Code; 

21 (B) retirement and disability benefits and 

22 plans, as provided under— 

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

24 United States Code; 


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1 (ii) chapter 8 of the Foreign Service 

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

3 (iii) the Central Intelligence Agency 

4 Retirement Act of 1964 for Certain Em5 ployees (50 U.S.C. chapter 38); 

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

7 as provided under— 

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

9 chapter 63 of title 5, United States Code; 

10 (ii) the Family and Medical Leave Act 

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

12 as that Act applies to the Government Ac13 countability Office and the Library of Con14 gress; 

15 (iii) section 202 of the Congressional 

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

17 1312); and 

18 (iv) section 412 of title 3, United 

19 States Code; 

20 (D) Federal group life insurance, as pro21 vided under chapter 87 of title 5, United States 

22 Code; 

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

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


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1 (F) compensation for work injuries, as pro2 vided under chapter 81 of title 5, United States 

3 Code; 

4 (G) benefits for disability, death, or cap5 tivity, as provided under— 

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

7 United States Code; 

8 (ii) section 413 of the Foreign Service 

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

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

11 Crime Control and Safe Streets Act of 

12 1968 (42 U.S.C. 3796 et seq.), insofar as 

13 that part applies to any employee; 

14 (H) travel, transportation, and related pay15 ments and benefits, as provided under— 

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

17 Code; 

18 (ii) chapter 9 of the Foreign Service 

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

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

21 States Code; and 

22 (I) any other benefit similar to a benefit 

23 described under subparagraphs (A) through (H) 

24 provided by or on behalf of the United States 

25 to any employee. 


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

2 partner’’ means an adult unmarried person living 

3 with another adult unmarried person of the same 

4 sex in a committed, intimate relationship. 

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

6 (A) means an officer or employee of the 

7 United States or of any department, agency, or 

8 other entity of the United States, including the 

9 President of the United States, the Vice Presi10 dent of the United States, a Member of Con11 gress, or a Federal judge; and 

12 (B) shall not include a member of the uni13 formed services. 

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

15 means any duties or responsibilities with respect to 

16 Federal employment that would be incurred by a 

17 married employee or by the spouse of an employee. 

18 (5) UNIFORMED SERVICES.—The term ‘‘uni19 formed services’’ has the meaning given under sec20 tion 2101(3) of title 5, United States Code. 

21 SEC. 3. EFFECTIVE DATE. 

22 This Act shall— 

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

24 obligations, take effect 6 months after the date of 

25 enactment of this Act; and 


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

2 an employee on or after the date of enactment of 

3 this Act. 

Æ 


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