HR 4838
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 Virginia,
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.
VELAZQUEZ, Mr. NADLER, Mrs. MALONEY of New York, Ms. LINDA T. SANCHEZ
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) introduced the following bill;
which was referred to the Committee on Oversight and Government Reform,
and in addition to the Committees on House Administration and Judiciary,
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 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 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 obtain 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 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) 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; and
(7) 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 may constitute
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 employee 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-
(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, the former domestic partner of the employee shall be
entitled to benefits available to, and shall be subject to obligations
imposed upon, a former spouse.
(d) Stepchildren- For purposes of affording benefits under this Act, any
natural or adopted child of a domestic 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 shall
promulgate regulations to implement section 2 (b) and (c).
(2) OTHER EXECUTIVE BRANCH REGULATIONS- Not later than 6 months after
the date of enactment of this Act, the President or designees of the
President shall promulgate regulations to implement this Act with respect
to benefits and obligations 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 program providing
benefits or imposing obligations shall promulgate regulations or orders
to implement this Act with respect to the program.
(4) PROCEDURE- Regulations and orders required 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 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 Employees (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 Accountability
Office and the Library of Congress;
(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;
(D) Federal group life insurance, as provided 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 provided under chapter 81 of
title 5, United States Code;
(G) benefits for disability, death, or captivity, 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 payments 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
(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 President of the United States, a Member
of Congress, or a Federal judge; and
(B) shall not include a member of the uniformed 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.
(5) UNIFORMED SERVICES- The term `uniformed services' has the meaning
given under section 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.
END
