[Congressional Record Volume 153, Number 195 (Wednesday, December 19, 2007)]
[Senate]
[Pages S16008-S16010]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

      By Mr. LIEBERMAN (for himself, Mr. Smith, Mr. Akaka, Mrs. Boxer, 
        Mr. Brown, Ms. Cantwell, Mr. Cardin, Mrs. Clinton, Mr. Dodd, 
        Mr. Durbin, Mr. Feingold, Mr. Kennedy, Mr. Kerry, Mr. 
        Lautenberg, Mr. Leahy, Mr. Levin, Mrs. Murray, Mr. Obama, Mr. 
        Schumer, Mr. Whitehouse, and Mr. Wyden):
  S. 2521. A bill to provide benefits to domestic partners of Federal 
employees; to the Committee on Homeland Security and Governmental 
Affairs.
  Mr. LIEBERMAN. Mr. President, I rise to urge my colleagues to support 
the domestic Partnership Benefits and Obligations Act of 2007, which my 
good friend from the other side of the aisle, Senator Smith, and I 
introduced last Congress and are introducing again today, along with 19 
other cosponsors.
  This legislation is another step in the process to make the Federal 
Government more competitive in an ever-changing business world. It 
would require the Government to extend employee benefit programs to the 
same-sex domestic partners of Federal employees. It is sound public 
policy and it makes excellent business sense.
  Under our bill, Federal employee and the employee's domestic partner 
would be eligible to participate in health benefits, Family and Medical 
Leave, long-term care, Federal retirement benefits, and other benefits 
to the same extent that married employees and their spouses 
participate. Employees and their partners would also assume the same 
obligations that apply to married employees and their spouses, such as 
anti-nepotism rules and financial disclosure requirements.
  The Federal Government is our Nation's largest employer and should 
lead other employers, rather than lagging behind, in the quest to 
provide equal and fair compensation and benefits to all employees. That 
thousands of Federal workers who have dedicated their careers to public 
service and who live in committed relationships with same-sex domestic 
partners receive fewer protections for their families than those 
married employees is patently unfair and, frankly, makes no economic 
sense.
  Just ask the leaders of more than half of the Fortune 500 companies 
who already extend employee benefit programs to their employees' 
domestic partners. The fact is that most of America's major 
corporations now offer health benefits to employees' domestic partners, 
up from 25 percent in 2000. Overall, more than 9,700 private-sector 
companies provide available benefits to employees' domestic partners, 
as do several hundred State and local governments and colleges and 
universities.
  General Electric, Chevron, Boeing, Texas Instruments, IBM, Raytheon, 
BP, Hospital Corporation of America, Lockheed Martin, Duke Energy 
Corp., and AT&T are among the major employers that have recognized the 
economic benefit of providing for domestic partners. The governments of 
13 States--including, I might add, my home State of Connecticut--and 
about 145 local jurisdictions across the land, as well as multiple 
educational institutions, have joined the trend. They aren't all doing 
this just because it is the right thing to do. They are also doing it 
because it is good business policy.
  Non-federal employers have told surveyors that they extend benefits 
to domestic partners to boost recruitment and retain quality 
employees--as well as to be fair. The Federal Government needs to 
compete against the private sector companies to recruit and retain the 
``best and the brightest,'' to safeguard the Nation by serving in 
essential areas such as homeland security, national defense, and 
environmental protection and to help make sure that American taxpayers 
get their money's worth. The Government will always be at a definite 
disadvantage in competing for and retaining highly qualified personnel 
if it cannot match the domestic-partner benefits programs provided by 
leading non-federal employers.

  Furthermore, coverage of domestic partners adds very little to the 
total cost of providing employee benefits. Based on the experience of 
private companies and State and local governments, the Congressional 
Budget Office has estimated that offering benefits to the same-sex 
domestic partners of Federal employees would increase the cost of those 
programs by less than \1/2\ of 1 percent.
  Our former ambassador to Romania and Dean of the Foreign Service 
Institute recently felt obliged to quit the Foreign Service because the 
State Department does not offer the kind of domestic partnership 
benefits that this bill would provide. Let me read a line from his 
farewell speech. He said, ``. . . I have felt compelled to choose 
between obligations to my partner--who is my family--and service to my 
country. That anyone should have to make that choice is a stain on the 
Secretary's leadership and a shame for this institution and our 
country.''
  Those are powerful and poignant words, and it is a tragedy that a 
loyal and talented public servant--who described the Foreign Service as 
the career he was ``born for . . . what I was always meant to do''--
felt he had to leave the Service because his Federal employee benefits 
would not enable him to adequately care for the needs of his family.
  I call upon my colleagues to express their support for this important 
legislation. It is time for the Federal Government to catch up to the 
private sector, not just to set an example but so that it can compete 
for the most qualified employees and ensure that all of our public 
servants receive fair and equitable treatment. It makes good economic 
and policy senses. It is the right thing to do.
  Mr. President, I ask unanimous consent that the text of the bill and 
a bill summary be printed in the Record.

                                S. 2521

       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

[[Page S16009]]

     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.
                                  ____


       Domestic Partnership Benefits and Obligations Act of 2007


                                SUMMARY

       Under the Domestic Partnership Benefits and Obligations Act 
     of 2007, federal employees who have same-sex domestic 
     partners will be entitled to the same employment benefits 
     that are available to married federal employees and their 
     spouses. Federal employees and their domestic partners will 
     also be subject to the same employment-related obligations 
     that are imposed on married employees and their spouses.
       In order to obtain benefits and assume obligations, an 
     employee must file an affidavit of eligibility with the 
     Office of Personnel Management (OPM). The employee must 
     certify that the employee and the employee's same-sex 
     domestic partner have a common residence, share 
     responsibility for each other's welfare and financial 
     responsibilities, are not related by blood, and are living 
     together in a committed intimate relationship. They must also 
     certify that, as each other's sole domestic partner, they 
     intend to remain so indefinitely. If a domestic partnership 
     dissolves, whether by death of the domestic partner or 
     otherwise, the employee must file a statement of dissolution 
     with OPM within 30 days.
       Employees and their domestic partners will have the same 
     benefits as married employees and their spouses under--
       Employee health benefits.
       Retirement and disability plans.
       Family, medical, and emergency leave.
       Group life insurance.
       Long-term care insurance.
       Compensation for work injuries.
       Death, disability, and similar benefits.
       Relocation, travel, and related expenses.
       For purposes of these benefits, any natural or adopted 
     child of the domestic partner will be treated as a stepchild 
     of the employee.
       The employee and the employee's domestic partner will also 
     become subject to the same duties and responsibilities with 
     respect to federal employment that apply to a married 
     employee and the employee's spouse. These will include, for 
     example, anti-nepotism rules and financial disclosure 
     requirements.
       The Act will apply with respect to those federal employees 
     who are employed on the date of enactment or who become 
     employed on or after that date.

  Mr. SMITH. Mr. President, I am very pleased to join my colleague, 
Senator Lieberman, today to introduce legislation that will entitle 
Federal employees with same-sex domestic partners to the same 
employment benefits that are available to married Federal employees and 
their spouses and families. Under the Domestic Partnership Benefits and 
Obligations Act of 2007, employees and their domestic partners would 
have similar access to employee health benefits, retirement, and 
disability plans, family medical and emergency leave, group life and 
long-term care insurance, compensation for work injuries, death and 
disability benefits, and relocation and travel expenses.
  More and more American corporations, as well as State and local 
governments, are offering domestic partner benefits. Approximately half 
of Fortune 500 companies now offer health benefits to employees' 
domestic partners. That is up from 25 percent in 2000. In all, more 
than 9,700 private companies as well as several hundred State and local 
government and universities and colleges offer these benefits.
  Private and governmental employers are offering domestic partner 
benefits for a variety of reasons. Chief among these reasons are 
recruitment and retention of employees. To be competitive, companies 
want to attract and retain the best and the brightest in the workforce 
regardless of their family status. Offering work-life benefits has been 
an important tool to retain valuable employees. In addition, more 
employers providing domestic partner benefits may result in a more 
stable workforce. If an employee's domestic partner has access to 
preventative health care, the employee is less likely to take prolonged 
absences from the job to care for their partner.
  While all these reasons are meritorious, we introduced this 
legislation as a matter of equality. It is just the right thing to do. 
The Federal Government should lead by example and that should start 
with equal treatment of all employees.

[[Page S16010]]

  Recently, a top State Department employee and former Ambassador to 
Romania, Michael Guest, announced his decision to leave Government 
service. At his retirement ceremony, Ambassador Guest stated, ``Most 
departing ambassadors use these events to talk about their successes . 
. . But I want to talk about my single failure, the failure that in 
fact is causing me to leave the career that I love.'' The failure which 
Mike spoke of was his inability to convince the Federal Government to 
extend employee benefits to same-sex couples. Because the Federal 
Government does not offer domestic partner benefits, Ambassador Guest 
explained that he ``felt compelled to choose between obligations to my 
partner--who is my family--and service to my country.''
  This legislation will help to ensure that no other Federal employee, 
like Ambassador Guest, will be faced with a similar dilemma--that is, a 
choice between one's family or service to their country.
  Mr. LEAHY. Mr. President, I am proud to cosponsor the Domestic 
Partnership Benefits and Obligations Act of 2007, being introduced 
today by Senators Lieberman and Smith. I cosponsored this legislation 
in the last Congress and I am pleased to do so again.
  This important legislation would provide domestic partners of Federal 
employees the same protections and benefits afforded to spouses of 
Federal employees. These benefits, available for both same and 
opposite-sex domestic partners of Federal employees, would include 
participation in applicable retirement programs, compensation for work 
injuries and insurance benefits, including life, Family and Medical 
Leave and health insurance.
  Equal pay for equal work is a cornerstone of our country's bedrock 
principles, and so too should equal access to important benefits. 
Insurance benefits, work incentives and retirement options comprise a 
significant portion of all employee compensation. By not offering 
domestic partnership benefits to its employees, the Federal government 
is unfairly withholding these valuable options from dedicated employees 
across the country.
  The idea that benefits should be extended to same sex couples has 
become increasingly prevalent in America's largest and most successful 
companies, state and local governments, and in educational 
institutions. Over half of all Fortune 500 companies provide domestic 
partner benefits to their employees, up from just 25 percent in 2000. 
Offering domestic partnership benefits to Federal employees would 
improve the quality of its workforce, demonstrate its commitment to 
fairness and equality for all Americans, and bring the Government in 
line with some of the Nation's largest employers.
  Providing benefits to domestic partners of Federal employees is long 
overdue. It is the right thing to do, it is the sensible step to take 
in the interest of having a fair and consistent policy, and I hope that 
the Senate will act quickly on this important legislation.
                                 ______