[Congressional Record Volume 144, Number 27 (Friday, March 13, 1998)]
[Senate]
[Pages S1959-S1960]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




       DOMESTIC PARTNERSHIP BENEFITS AND OBLIGATIONS ACT OF 1998

 Mr. WELLSTONE. Mr. President, I ask that the text of S. 1636, 
a bill to provide benefits to domestic partners of Federal employees, 
be printed in the Record.
  The text of the bill follows:

                                S. 1636

     SECTION 1. SHORT TITLE.

       This Act may be cited as the ``Domestic Partnership 
     Benefits and Obligations Act of 1998''.

     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, 
     including termination of employment, and the recovery of the 
     cost of benefits received related to such falsification; and
       (7) 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.
       (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 section 8905a of title 5, 
     United States Code.
       (d) Subsequent Partnerships.--If an employee files a 
     statement of dissolution of partnership under subsection 
     (c)(1), the employee may file a certification of eligibility 
     under subsection (b) relating to another partner--
       (1) not earlier than 180 days after the date of filing such 
     statement of dissolution, if such dissolution did not result 
     from the death of a partner; or
       (2) on any date after the filing of such statement of 
     dissolution, if such dissolution resulted from the death of a 
     partner.
       (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) Definitions.--In 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) any benefit under the civil service retirement system 
     under chapter 83 of title 5, United States Code, including 
     any benefit from participation in the thrift savings plan 
     under subchapter III of chapter 84 of such title;
       (B) any benefit under the Federal employees' retirement 
     system under chapter 84 of title 5, United States Code;
       (C) life insurance benefits under chapter 87 of title 5, 
     United States Code;
       (D) health insurance benefits under chapter 89 of title 5, 
     United States Code; and
       (E) compensation for work injuries under chapter 81 of 
     title 5, United States Code.
       (3) Employee.--
       (A) With respect to Civil Service Retirement, the term 
     ``employee'' shall have the

[[Page S1960]]

     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 following new subsection:
       ``(d) Treatment of Domestic Partners.--The provisions of 
     section 2 of the Domestic Partnership Benefits and 
     Obligations Act of 1998 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.''.

     SEC. 4. FUNDING.

       It is the sense of Congress that any funds necessary for 
     the implementation of this Act should be funded from 
     reductions in unnecessary tax benefits available only to 
     large corporations and individuals who are in the maximum tax 
     bracket.

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