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 Vir-
ginia, 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) intro-
duced the following bill; which was referred to the Committee on Over-
sight and Government Reform, and in addition to the Committees on 
House Administration and Judiciary, for a period to be subsequently de-
termined 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. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
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SECTION 1. SHORT TITLE. 
This Act may be cited as the ‘‘Domestic Partnership 
Benefits and Obligations Act of 2007’’. 
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 ob-
tain 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 certi-
fying 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 meas-
ure of each other’s common welfare and financial ob-
ligations; 
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(5) are not married to or domestic partners 
with anyone else; 
(6) are same sex domestic partners, and not re-
lated 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 infor-
mation within the affidavit may lead to disciplinary 
action and the recovery of the cost of benefits re-
ceived related to such falsification and may con-
stitute 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 em-
ployee 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.— 
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(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 do-
mestic 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 avail-
able to, and shall be subject to obligations im-
posed upon, a former spouse. 
(d) STEPCHILDREN.—For purposes of affording ben-
efits under this Act, any natural or adopted child of a do-
mestic 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 
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shall promulgate regulations to implement section 2 
(b) and (c). 
(2) OTHER
EXECUTIVE
BRANCH
REGULA-
TIONS.—Not later than 6 months after the date of 
enactment of this Act, the President or designees of 
the President shall promulgate regulations to imple-
ment this Act with respect to benefits and obliga-
tions 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 pro-
gram providing benefits or imposing obligations shall 
promulgate regulations or orders to implement this 
Act with respect to the program. 
(4) PROCEDURE.—Regulations and orders re-
quired 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 
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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 Em-
ployees (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 Ac-
countability Office and the Library of Con-
gress; 
(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; 
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(D) Federal group life insurance, as pro-
vided 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 pro-
vided under chapter 81 of title 5, United States 
Code; 
(G) benefits for disability, death, or cap-
tivity, 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); 
(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; and 
(H) travel, transportation, and related pay-
ments 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 
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(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 Presi-
dent of the United States, a Member of Con-
gress, or a Federal judge; and 
(B) shall not include a member of the uni-
formed 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. 
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(5) UNIFORMED
SERVICES.—The term ‘‘uni-
formed services’’ has the meaning given under sec-
tion 2101(3) of title 5, United States Code. 
SEC. 3. EFFECTIVE DATE. 
This Act including the amendments made by 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. 
Æ 
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