I 
109TH CONGRESS 
1ST SESSION H. R. 3267 
To provide benefits to domestic partners of Federal employees. 
IN THE HOUSE OF REPRESENTATIVES 
JULY 13, 2005 
Mr. FRANK of Massachusetts (for himself, Mr. PASTOR, Mr. FILNER, Ms. 
LEE, Mr. OWENS, Mr. SCHIFF, Mr. DINGELL, Ms. MOORE of Wisconsin, 
Mr. MCDERMOTT, Mr. GRIJALVA, Mr. CAPUANO, Mr. ENGEL, Ms. WOOL-
SEY, Mr. EMANUEL, Mr. WAXMAN, Mr. SABO, Mr. GEORGE MILLER of 
California, Mr. OLVER, Ms. SCHAKOWSKY, Mr. ABERCROMBIE, Mr. BER-
MAN, Mr. CASE, Mr. SHERMAN, Mr. GUTIERREZ, Ms. CARSON, Mr. 
STARK, Mr. ALLEN, Mr. MCGOVERN, Mr. MEEK of Florida, Mrs. JONES 
of Ohio, Ms. MATSUI, Mrs. MALONEY, Ms. BALDWIN, Ms. SLAUGHTER, 
Mr. LANGEVIN, Ms. NORTON, Ms. BERKLEY, Mr. HOLT, Mr. MEEHAN, 
Mr. WEINER, Mr. HINCHEY, Ms. WATSON, Mr. SANDERS, Mr. RANGEL, 
Mr. PRICE of North Carolina, Mrs. LOWEY, Mr. ROTHMAN, Mr. LARSON 
of Connecticut, Mr. CLAY, Mr. INSLEE, Mr. FARR, Mr. MARKEY, and Ms. 
HARMAN) introduced the following bill; which was referred to the Com-
mittee on Government Reform, and in addition to the Committee on 
Ways and Means, for a period to be subsequently determined 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,
SECTION 1. SHORT TITLE. 
This Act may be cited as the ‘‘Domestic Partnership 
Benefits and Obligations Act’’. 
SEC. 2. BENEFITS TO DOMESTIC PARTNERS OF FEDERAL 
EMPLOYEES. 
(a) IN GENERAL.—A domestic partner of an em-
ployee shall be entitled to benefits available to and obliga-
tions imposed upon a spouse of an employee. 
(b) CERTIFICATION OF ELIGIBILITY.—In order to ob-
tain benefits under this Act, an employee shall file an affi-
davit of eligibility for benefits with the Office of Personnel 
Management certifying that the employee and the domes-
tic 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; 
(5) are not married to or domestic partners 
with anyone else; 
(6) 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 
(7)(A) 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; or 
(B) are opposite sex domestic partners, and are 
not related in a way that would prohibit legal mar-
riage in the State in which they reside. 
(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 be deemed a spouse 
of the employee for the purpose of receiving benefits 
under this Act. 
(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 do-
mestic partnership dissolves by a method other 
than death of the employee or domestic partner 
of the employee, any health benefits received by 
the domestic partner as a result of this Act 
shall continue for a period of 60 days after the 
date of the dissolution of the partnership. The 
domestic partner shall pay for such benefits in 
the same manner that a former spouse would 
pay for such benefits under applicable provi-
sions of chapter 89 of title 5, United States 
Code. 
(d) 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). 
(e) DEFINITIONS.—For purposes of this Act: 
(1) DOMESTIC PARTNER.—The term ‘‘domestic 
partner’’ means an adult person living with, but not 
married to, another adult person in a committed, in-
timate relationship.
(2) BENEFITS.—The term ‘‘benefits’’ means 
benefits under— 
(A) chapter 81 of title 5, United States 
Code (relating to compensation for work inju-
ries); 
(B) subchapter III of chapter 83 of such 
title (relating to the Civil Service Retirement 
System); 
(C) chapter 84 of such title (relating to the 
Federal Employees’ Retirement System); 
(D) chapter 87 of such title (relating to 
life insurance); and 
(E) chapter 89 of such title (relating to 
health insurance). 
(3) EMPLOYEE.—The term ‘‘employee’’ has the 
meaning given such term by— 
(A) section 8101(1) of title 5, United 
States Code, when used with respect to benefits 
described in paragraph (2)(A); 
(B) section 8331(1) of such title, when 
used with respect to benefits described in para-
graph (2)(B); 
(C) section 8401(11) of such title, when 
used with respect to benefits described in para-
graph (2)(C);
(D) section 8701(a) of such title, when 
used with respect to benefits described in para-
graph (2)(D); and 
(E) section 8901(1) of such title, when 
used with respect to benefits described in para-
graph (2)(E). 
(4) OBLIGATIONS.—The term ‘‘obligations’’ 
means any duties or responsibilities that would be 
incurred by the spouse of an employee. 
SEC. 3. EXEMPTION FROM TAX FOR EMPLOYER-PROVIDED 
FRINGE BENEFITS TO DOMESTIC PARTNERS. 
(a) IN GENERAL.—Section 106 of the Internal Rev-
enue Code of 1986 (relating to contributions by employer 
to accident and health plans) is amended by adding at the 
end the following new subsection: 
‘‘(e) TREATMENT OF DOMESTIC PARTNERS.—The 
provisions of section 2 of the Domestic Partnership Bene-
fits and Obligations Act shall apply to employees and do-
mestic partners of employees for purposes of this section 
and any other benefit which is not includible in the gross 
income of employees by reason of an express provision of 
this chapter.’’.
(b) EFFECTIVE DATE.—The amendment made by 
subsection (a) shall apply to taxable years beginning after 
December 31, 2005. 
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