[Congressional Record Volume 155, Number 78 (Wednesday, May 20, 2009)]
[Senate]
[Pages S5715-S5717]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

      By Mr. LIEBERMAN (for himself and Ms. Collins):
  S. 1102. 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 today to speak in favour of the 
Domestic Partner Benefits and Obligations Act, which I am introducing 
with my colleague and friend on the Homeland Security and Governmental 
Affairs Committee, Senator Susan Collins.
  Last year, the Homeland Security and Governmental Affairs Committee 
held a hearing on this legislation, but time ran out before we were 
able to move the measure to the Senate floor.
  I also want to thank my former cosponsor, Senator Gordon Smith of 
Oregon, with whom I and more than 20 other Senators introduced 
identical legislation in the 110th Congress. We expect about 20 
cosponsors again this year, and I want to express my appreciation to 
them for helping us get an early enough start in the 111th Congress so 
that we can pass the bill, hopefully, this year.
  This legislation makes eminent sense for two reasons: It will help 
the Federal Government attract the best and the brightest and it is the 
fair and right thing to do from a human rights perspective.
  Let me explain. The Domestic Partners Benefits and Obligations Act 
would provide the same employee benefit programs to same-sex domestic 
partners of Federal employees that are now provided to the opposite-sex 
spouses of Federal employees. In other words, same-sex domestic 
partners--living in a committed relationship and unrelated by blood 
would be eligible to participate in health benefits, long-term care, 
Family and Medical Leave, federal retirement benefits, and all other 
benefits for which married employees and their spouses are eligible. 
Federal employees and their domestic partners would also be subject to 
the same responsibilities that apply to married employees and their 
spouses, such as anti-nepotism rules and financial disclosure 
requirements.
  When the domestic partners of Federal employees are granted the same 
benefits and obligations as the spouses of federal employees, the 
Federal Government will be able to attract from a larger pool of 
applicants the best possible employees to carry out the Government's 
responsibilities to the American people. In the coming years, as a 
large percentage of federal employees become eligible for retirement, a 
new generation of employees will be hired, and the Federal Government 
will be competing with the private sector for the most qualified among 
them. This legislation will help put the Federal Government on equal 
footing to compete for those new recruits and then retain them.
  From a human rights perspective, this legislation is one more step on 
the long road to bring the gay and lesbian community equality under the 
law.
  We are not talking about an insignificant number of people. According 
to UCLA's Williams Institute, over 30,000 federal workers live in 
committed relationships with same-sex partners who are not Federal 
employees.
  We often hear--and I have often said--that Government should be run 
more like a business. While the purpose of Government and business are 
different, I believe Government has a lot to learn from private sector 
business models including in the matter before us today. The fact is 
that a majority of U.S. corporations--including more than half of all 
Fortune 500 companies--already offer benefits to domestic partners.
  General Electric, IBM, Eastman Kodak, Dow Chemical, the Chubb 
Corporation, Lockheed Martin, and Duke Energy are among the major 
employers that have recognized the economic reward of providing 
benefits to domestic partners. Overall, almost 10,000 private-sector 
companies of all sizes provide benefits to domestic partners. The 
governments of 13 States, including my home State of Connecticut, about 
145 local jurisdictions across our country, and some 300 colleges and 
universities also provide these benefits.

  Surveys show that many private sector employers offer these benefits 
because it is the right thing to do. You can bet each one knows that 
the policy makes good business sense; it is good management policy, it 
is good employee policy, and it is good recruitment and retention 
policy.
  In fact, employers have told analysts that they extend benefits to 
domestic partners to boost recruitment and retain quality employees--as 
well as to be fair. If we want the Government to be able to compete for 
the most qualified employees, we are going to have to provide the same 
benefits that job seekers can find elsewhere.
  The experts tell us that 19 percent of an employee's compensation 
comes in the form of benefits, including benefits for family members. 
Employees who do not get benefits for their families are,

[[Page S5716]]

therefore, not being paid equally. Of course, the supporters of this 
legislation understand that covering domestic partners will add some 
increment to the total cost of providing federal employee benefits. And 
we understand that we have to be particularly careful about government 
spending right now and perform rigorous cost benefit analyses of all, 
not just new, federal expenditures.
  Based on the experience of private companies and state and local 
governments, the Congressional Budget Office has estimated that 
benefits to same-sex domestic partners of federal employees would 
increase the cost of those programs by less than one-half of one 
percent. The Office of Personnel Management says the cost of health 
benefits for domestic partners over 10 years would be $670 million. In 
the name of fairness and raising the appeal of federal employment, this 
is affordable legislation.
  Among the many stories I have heard about the impact of this 
inequality on real people, I particularly remember the words of Michael 
Guest, who was ambassador to Romania in the Bush Administration and 
Dean of the Foreign Service Institute before he left public service. In 
his resignation letter, Mr. Guest made a moving and eloquent case for 
extending benefits to same sex partners. I believe Ambassador Guest was 
the first publicly gay man to be confirmed for an U.S. ambassadorship 
from the U.S. When he resigned the Foreign Service in 2007, he said, 
and I quote here from his farewell address to his colleagues ``. . . 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 convincing words from a talented and loyal former public 
servant--who once described the Foreign Service as the career he was 
``born for . . . what I was always meant to do.'' It is a great loss to 
the nation that he felt compelled to leave the Foreign Service--
particularly at a time when our nation so desperately needs talented 
diplomats to help meet the challenges we face abroad. He may have left 
public service for many reasons--but one of them should not have been 
that his federal employee benefits did not allow him to care for the 
needs of his family in an adequate manner.
  The Domestic Partners Benefits and Obligations Act makes good 
economic sense. It is sound policy. And it is the right thing to do. I 
urge my colleagues to support this bill.
  Mr. President, I ask unanimous consent that the text of the bill and 
a bill summary be printed in the Record.
  There being no objection, the material was ordered to be printed in 
the Record, as follows:

                                S. 1102

       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 2009''.

     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); and
       (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;
       (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.

[[Page S5717]]

       (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 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 2009


                                SUMMARY

       Under the Domestic Partnership Benefits and Obligations Act 
     of 2009, 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.
                                 ______