I
107TH CONGRESS
1ST SESSION
H. R. 638
To provide benefits to domestic partners of Federal employees.
IN THE HOUSE OF REPRESENTATIVES
FEBRUARY 14, 2001
Mr. FRANK (for himself, Mr. NADLER, Ms. BALDWIN, Mrs. LOWEY, and Mr.
CROWLEY) introduced the following bill; which was referred to the Com-
mittee on Government Reform, and in addition to the Committe 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 juris-
diction 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 of 2001’’.
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—
(A) Civil Service Retirement, as provided
in title 5, chapter 83, of the United States
Code;
(B) Federal Employees’ Retirement, as
provided in title 5, chapter 84, of the United
States Code;
(C) life insurance, as provided in title 5,
chapter 87, of the United States Code;
(D) health insurance, as provided in title
5, chapter 89, of the United States Code; and
(E) compensation for work injuries, as pro-
vided in title 5, chapter 81, of the United
States Code.
(3) EMPLOYEE.—
(A) With respect to Civil Service Retire-
ment, the term ‘‘employee’’ shall have the
meaning given such term in section 8331(1) of
title 5, United States Code.
(B) With respect to Federal Employees’
Retirement, the term ‘‘employee’’ shall have the
meaning given such term in section 8401(11) of
title 5, United States Code.
(C) With respect to life insurance, the
term ‘‘employee’’ shall have the meaning given
such term in section 8701(a) of title 5, United
States Code.
(D) With respect to health insurance, the
term ‘‘employee’’ shall have the meaning given
such term in section 8901 of title 5, United
States Code.
(E) With respect to compensation for work
injuries, the term ‘‘employee’’ shall have the
meaning given such term in section 8101(1) of
title 5, United States Code.
(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.
Section 106 of the Internal Revenue Code of 1986
(relating to contributions by employer to accident and
health plans) is amended by adding at the end the fol-
lowing new subsection:
‘‘(d) TREATMENT OF DOMESTIC PARTNERS.—The
provisions of section 2 of the Domestic Partnership Bene-
fits and Obligations Act of 2001 shall apply to employees
and domestic 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 pro-
vision of this chapter.’’.
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