Presidential Documents

29393 

Federal Register 

Vol. 74, No. 118 

Monday, June 22, 2009 

Title 3— 

The President 

Memorandum of June 17, 2009 

Federal Benefits and Non-Discrimination 

Memorandum for the Heads of Executive Departments and Agencies 

Millions of hard-working, dedicated, and patriotic public servants are employed by the Federal Government as part of the civilian workforce, and 

many of these devoted Americans have same-sex domestic partners. Leading 

companies in the private sector are free to provide to same-sex domestic 

partners the same benefits they provide to married people of the opposite 

sex. Executive departments and agencies, however, may only provide benefits 

on that basis if they have legal authorization to do so. My Administration 

is not authorized by Federal law to extend a number of available Federal 

benefits to the same-sex partners of Federal employees. Within existing 

law, however, my Administration, in consultation with the Secretary of 

State, who oversees our Foreign Service employees, and the Director of 

the Office of Personnel Management, who oversees human resource management for our civil service employees, has identified areas in which statutory 

authority exists to achieve greater equality for the Federal workforce through 

extension to same-sex domestic partners of benefits currently available to 

married people of the opposite sex. Extending available benefits will help 

the Federal Government compete with the private sector to recruit and 

retain the best and the brightest employees. 

I hereby request the following: 

Section 1. Extension of Identified Benefits. The Secretary of State and the 

Director of the Office of Personnel Management shall, in consultation with 

the Department of Justice, extend the benefits they have respectively identified to qualified same-sex domestic partners of Federal employees where 

doing so can be achieved and is consistent with Federal law. 

Sec. 2. Review of Governmentwide Benefits. The heads of all other executive 

departments and agencies, in consultation with the Office of Personnel Management, shall conduct a review of the benefits provided by their respective 

departments and agencies to determine what authority they have to extend 

such benefits to same-sex domestic partners of Federal employees. The results 

of this review shall be reported within 90 days to the Director of the 

Office of Personnel Management, who, in consultation with the Department 

of Justice, shall recommend to me any additional measures that can be 

taken, consistent with existing law, to provide benefits to the same-sex 

domestic partners of Federal Government employees. 

Sec. 3. Promoting Compliance with Existing Law Requiring Federal Workplaces to be Free of Discrimination Based on Non-Merit Factors. The Office 

of Personnel Management shall issue guidance within 90 days to all executive 

departments and agencies regarding compliance with, and implementation 

of, the civil service laws, rules, and regulations, including 5 U.S.C. 

2302(b)(10), which make it unlawful to discriminate against Federal employees or applicants for Federal employment on the basis of factors not related 

to job performance. 

Sec. 4. General Provisions. (a) 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 


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29394 Federal Register / Vol. 74, No. 118 / Monday, June 22, 2009 / Presidential Documents 

(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. 

(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. 5. Publication. The Director of the Office of Personnel Management 

is hereby authorized and directed to publish this memorandum in the Federal 

Register. 

THE WHITE HOUSE, 

Washington, June 17, 2009 

[FR Doc. E9–14737 

Filed 6–19–09; 8:45 am] 

Billing code 6325–01–P 


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