To provide benefits to domestic partners of Federal employees.

June 11, 2003

Mr. FRANK of Massachusetts (for himself, Mr. ABERCROMBIE, Mr. ANDREWS, Ms. BALDWIN, Mr. BERMAN, Mr. BROWN of Ohio, Mr. CONYERS, Ms. DEGETTE, Mr. DELAHUNT, Mr. DINGELL, Mr. ENGEL, Mr. EVANS, Mr. FARR, Mr. FILNER, Mr. GEPHARDT, Mr. GUTIERREZ, Ms. HARMAN, Mr. HINCHEY, Mr. HOLT, Mr. HONDA, Mr. HOYER, Ms. KILPATRICK, Mr. LANGEVIN, Mr. LARSON of Connecticut, Ms. LEE, Ms. LOFGREN, Mrs. LOWEY, Mr. LYNCH, Mrs. MALONEY, Mr. MATSUI, Mr. MEEHAN, Mr. MOORE, Mr. MORAN of Virginia, Mr. NADLER, Mrs. NAPOLITANO, Ms. NORTON, Mr. OLVER, Mr. OWENS, Mr. PALLONE, Mr. PASCRELL, Ms. ROYBAL-ALLARD, Ms. SCHAKOWSKY, Mr. SERRANO, Mr. STARK, Mrs. TAUSCHER, Ms. VELAZQUEZ, Mr. WAXMAN, Mr. WEXLER, Mr. WEINER, Ms. WOOLSEY, and Mr. WU) introduced the following bill; which was referred to the Committee 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

To provide benefits to domestic partners of Federal employees.

Be it enacted by the Senate and House of Representatives 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 2003'.

SEC. 2. BENEFITS TO DOMESTIC PARTNERS OF FEDERAL EMPLOYEES.

(a) IN GENERAL- A domestic partner of an employee shall be entitled to benefits available to and obligations imposed upon a spouse of an employee.

(b) CERTIFICATION OF ELIGIBILITY- In order to obtain benefits under this Act, an employee shall file an affidavit of eligibility for benefits with the Office of Personnel Management certifying 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 measure of each other's common welfare and financial obligations;

(5) are not married to or domestic partners with anyone else;

(6) understand that willful falsification of information within the affidavit may lead to disciplinary action and the recovery of the cost of benefits received 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 marriage 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 employee 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 domestic 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 provisions 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, intimate 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 provided in title 5, chapter 81, of the United States Code.

(3) EMPLOYEE-

(A) With respect to Civil Service Retirement, 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(1) 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 following new subsection:

`(d) TREATMENT OF DOMESTIC PARTNERS- The provisions of section 2 of the Domestic Partnership Benefits and Obligations Act of 2003 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 provision of this chapter.'.

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