[Senate Report 111-376]
[From the U.S. Government Publishing Office]


Congress 
 2d Session                      SENATE                          Report
                                                                111-376
_______________________________________________________________________

                                     

                                                       Calendar No. 704

 
       DOMESTIC PARTNERSHIP BENEFITS AND OBLIGATIONS ACT OF 2009

                               __________

                              R E P O R T

                                 of the

                   COMMITTEE ON HOMELAND SECURITY AND

                          GOVERNMENTAL AFFAIRS

                          UNITED STATES SENATE

                              to accompany

                                S. 1102

     TO PROVIDE BENEFITS TO DOMESTIC PARTNERS OF FEDERAL EMPLOYEES




               December 17, 2010.--Ordered to be printed


        COMMITTEE ON HOMELAND SECURITY AND GOVERNMENTAL AFFAIRS

               JOSEPH I. LIEBERMAN, Connecticut, Chairman
CARL LEVIN, Michigan                 SUSAN M. COLLINS, Maine
DANIEL K. AKAKA, Hawaii              TOM COBURN, Oklahoma
THOMAS R. CARPER, Delaware           SCOTT P. BROWN, Massachusetts
MARK L. PRYOR, Arkansas              JOHN McCAIN, Arizona
MARY L. LANDRIEU, Louisiana          GEORGE V. VOINOVICH, Ohio
CLAIRE McCASKILL, Missouri           JOHN ENSIGN, Nevada
JON TESTER, Montana                  LINDSEY GRAHAM, South Carolina
CHRISTOPHER A. COONS, Delaware       MARK KIRK, Illinois

                  Michael L. Alexander, Staff Director
                     Kevin J. Landy, Chief Counsel
                   Lawrence B. Novey, Senior Counsel
                        Kenya N. Wiley, Counsel
     Brandon L. Milhorn, Minority Staff Director and Chief Counsel
        Amanda Wood, Minority Director for Governmental Affairs
                  Trina Driessnack Tyrer, Chief Clerk


                                                       Calendar No. 704
111th Congress                                                   Report
                                 SENATE
 2d Session                                                     111-376

======================================================================




       DOMESTIC PARTNERSHIP BENEFITS AND OBLIGATIONS ACT OF 2009

                                _______
                                

               December 17, 2010.--Ordered to be printed

                                _______
                                

Mr. Lieberman, from the Committee on Homeland Security and Governmental 
                    Affairs, submitted the following

                              R E P O R T

                         [To accompany S. 1102]

    The Committee on Homeland Security and Governmental 
Affairs, to which was referred the bill (S. 1102) to provide 
benefits to domestic partners of Federal employees, having 
considered the same, reports favorably thereon with amendment 
and recommends that the bill, as amended, do pass.

                                CONTENTS

                                                                   Page
  I. Purpose and Summary..............................................1
 II. Background and Need for the Legislation..........................2
III. Legislative History.............................................26
 IV. Section-by-Section Analysis.....................................28
  V. Estimated Cost of the Legislation...............................56
 VI. Evaluation of Regulatory Impact.................................60
VII. Changes in Existing Law.........................................60

                         I. Purpose and Summary

    The purpose of the Domestic Partnership Benefits and 
Obligations Act of 2010 is to bring the federal government in 
line with most of the nation's largest employers by giving 
federal employees in same-sex domestic partnerships and their 
partners the same employment benefits currently offered to 
married federal employees and their spouses and to subject them 
to the same employment-related obligations. Employment benefits 
extended by the bill include health insurance, pension rights, 
family and medical leave, and group life insurance. Obligations 
imposed by the bill include financial disclosure requirements, 
conflict-of-interest restrictions, and anti-nepotism rules.

              II. Background and Need for the Legislation

    With two million civilian employees, plus over six hundred 
thousand postal employees, the federal government is the 
nation's largest employer.\1\ It strives, in its own words, to 
serve as America's ``model employer for the 21st Century'' with 
personnel policies that allow it to ``recruit, retain and honor 
a world-class workforce to serve the American people.''\2\
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    \1\See Bureau of Labor Statistics, U.S. Department of Labor, 
``Career Guidelines, 2010-11 Edition: Federal Government,'' http://
www.bls.gov/oco/cg/cgs041.htm; U.S. Postal Service, 2009 Annual Report, 
``The Challenge to Deliver: Creating the 21st Century Postal Service,'' 
http://www.usps.com/financials/_pdf/annual_report_2009.pdf.
    \2\U.S. Office of Personnel Management, Strategic Plan 2010-2015, 
``A New Day for Federal Service,'' at page 4, http://www.opm.gov/
strategicplan/StrategicPlan_20100310.pdf.
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    While the federal government has established successful 
personnel policies in many respects, there is a category of 
federal workers for whom the government's benefits policies 
have fallen short: employees who are in same-sex domestic 
partnerships. Same-sex domestic partners--the bill's specific 
definition of which is discussed later in this report--in 
general terms are two unrelated adults of the same sex who have 
undertaken a long-term mutual commitment to make a domestic 
life together and to help care for each other financially and 
otherwise.\3\ Federal employees with same-sex domestic partners 
in our federal workforce perform the same jobs as their married 
co-workers, yet, unlike those co-workers, cannot, by law, 
access a range of benefits for their partners and those 
partners' children. This disparity not only effectively and 
unfairly diminishes these employees' compensation when compared 
with their co-workers; it also causes great unease for many of 
these employees, whose domestic partners live without health 
insurance and the range of other important benefits that 
married employees and their families take for granted. 
Moreover, in its treatment of employees with same-sex domestic 
partners, the federal government is falling increasingly 
farther behind the private sector, where a large and growing 
number of leading employers--including over 60 percent of 
Fortune 500 companies--provide benefits for such employees and 
their domestic partners.\4\
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    \3\See Employee Benefit Research Institute, Facts from EBRI, 
``Domestic Partner Benefits: Facts and Background'' (Updated February 
2009), http://ebri.org/pdf/publications/facts/0209fact.pdf, entered 
into the record of this Committee's hearing held on October 15, 2009 
(described in note 38 below and accompanying text) at page 51.
    \4\See section II.A.1, below, of this report.
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    This situation has real consequences for the government as 
an employer--problems in recruiting qualified employees, 
challenges in retaining them, and loss of productivity when 
effective employees become distracted or disheartened.\5\ After 
reviewing the current policy's impact on the federal workforce 
and the prevalence and effect of domestic partner benefits in 
the private sector, the Committee has concluded that it is time 
to amend the law to extend domestic partner benefits to the 
federal workforce, so that the federal government can more 
closely mirror the policies of over 60 percent of Fortune 500 
companies and can better compete as a model 21st Century 
employer.
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    \5\These consequences are described in testimony and other 
materials presented to this Committee at hearings on September 24, 2008 
and October 15, 2009 (described in notes 37 and 38 below and the 
accompanying text) and are discussed in section II.B.1, below, of this 
report.
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            A. AVAILABILITY OF DOMESTIC PARTNERSHIP BENEFITS

1. Most of the largest non-federal employers provide benefit coverage 
        for their employees with same-sex domestic partners

    Many leading employers across the economy provide benefits 
to employees with domestic partners--and the number of those 
doing so has increased dramatically in recent years. (Such 
benefits are sometimes referred to as domestic partnership 
benefits, domestic partner benefits, or DP benefits.) Based on 
surveys by the Society for Human Resource Management and the 
Kaiser Family Foundation as well as its own research, the Human 
Rights Campaign Foundation has reported that, whereas only 7 
percent of employers offered benefits for employees' same-sex 
domestic partners in 1997, now at least one out of three 
employers and 50 percent of employers with 5,000 or more 
workers provide such benefits.\6\ Among the largest employers, 
as illustrated in the nearby chart (figure 1), 85 percent of 
Fortune 20 companies, nearly 60 percent of Fortune 500 
companies, and over 75 percent of the highest-gross-revenue 
earning law firms extend benefits to their employees with same-
sex domestic partners. And the numbers of companies providing 
such benefits are steadily increasing: of Fortune 100 
companies, 64 percent offered same-sex partner benefits in 
2003, and by 2009 that number had risen to 83 percent. 
Moreover, among non-federal governmental employers, 20 States 
and several hundred local jurisdictions now extend benefits to 
their employees with same-sex domestic partners.\7\ As 
described later in this report, several leading companies 
explained to the Committee their reasons for maintaining 
domestic partner benefit programs, including that offering such 
benefits--
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    \6\Human Rights Campaign Foundation, ``The State of the Workplace 
for Lesbian, Gay, Bisexual and Transgender Americans 2007-2008'' (2009) 
at page 9, http://www.hrc.org/documents/
HRC_Foundation_State_of_the_Workplace_2007-2008.pdf.
    \7\The 20 States are: Alaska, Arizona, California, Colorado, 
Connecticut, Hawaii, Illinois, Iowa, Maine, Maryland, Montana, New 
Jersey, New Mexico, New York, Oregon, Pennsylvania, Rhode Island, 
Vermont, Washington, and Wisconsin. See Human Rights Campaign, Employer 
Database, http://www.hrc.org/issues/workplace/list.asp, also http://
www.hrc.org/issues/workplace/search.asp?form=private_quick_search.aspx; 
see also Center for American Progress, ``One Simple Step for Equality: 
States Prove that the Federal Government Can Offer Domestic Partner 
Benefits with Ease'', by Winnie Stachelberg, Josh Rosenthal, and Claire 
Stein-Ross (September 2008), http://www.americanprogress.org/issues/
2008/09/pdf/domestic_partner_benefits.pdf, entered into the record of 
this Committee's hearing held on September 24, 2008 (described in note 
37 below and the accompanying text) at page 173).
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           ``gives us an advantage'' in helping to 
        ``ensure we attract, develop and advance the very best 
        talent available in the marketplace,''\8\
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    \8\Statement of William H. Hendrix, Dow Chemical Company, quoted in 
text accompanying notes 42-43 below.
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           ``can improve low productivity and morale 
        caused by inequitable workplace practices,''\9\ and
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    \9\Statement of Yvette C. Burton, IBM, quoted in text accompanying 
note 68 below.
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           ``has not been a financial burden,'' but 
        rather, ``by enabling us to attract and retain a wide 
        variety of talented employees at every level of the 
        organization'', the company's domestic partner benefit 
        program ``actually strengthens our financial 
        underpinnings.''\10\
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    \10\Statement of Kathleen Marvel, the Chubb Corporation, quoted in 
text accompanying note 119 below.

                FIGURE 1. HOW MANY FORTUNE-RANKED COMPANIES PROVIDE DOMESTIC PARTNERSHIP BENEFITS
----------------------------------------------------------------------------------------------------------------
                                               Fortune 20  Fortune 100  Fortune 500   Fortune 1000    AmLaw 200
----------------------------------------------------------------------------------------------------------------
2009 Interim................................    17 (85%)     83 (83%)    293 (59%)       404 (40%)    153 (77%)
2008 Total..................................    17 (85%)     83 (83%)    286 (57%)       390 (39%)    146 (75%)
2003 Total..................................                 64 (64%)    200 (40%)
----------------------------------------------------------------------------------------------------------------
Source: Human Rights Campaign, ``How Fortune-Ranked Companies Stack Up On LGPT Workplace Policies'' (Sept. 21,
  2009), http://www.hrcbackstory.org/2009/09/how-fortune-ranked-companies-stack-up-on-lgbt-workplace-policies;
  entered into the record of the hearing before the Senate Committee on Homeland Security and Governmental
  Affairs, ``Domestic Partner Benefits: Fair Policy and Good Business for the Federal Government,'' S. Hrg. 111-
  758 (October 15, 2009), at page 25.

2. Federal employees in same-sex domestic partnerships and their 
        partners are ineligible under statute from participating in 
        many important benefit programs

    Unlike the many non-federal employers that offer domestic 
partnership benefits to their employees, federal agencies 
largely lack statutory authority to do so. Among the most 
important benefits that help many employees care for their 
families are health, dental, and vision insurance, family and 
medical leave, workers' compensation, and retirement benefits. 
Because these and several other benefits for federal employees 
are limited to the employees and their spouses, children, 
stepchildren, and others in specific relationships specified in 
statute, federal employees in same-sex domestic partnerships 
cannot turn to these benefit programs for help in caring for 
their partners or (unless the employee can legally adopt them) 
the children of their partners.
    One of the most important benefits to help employees take 
care of their families is health insurance, and federal 
employees can obtain family coverage under the Federal Employee 
Health Benefits (FEHB) Program and related dental and vision 
programs for a spouse, a dependent child, and a dependent 
stepchild. However, statutory provisions specify the family 
members that may be covered by these programs, including 
employees' spouses and employees' children, adopted and foster 
children, and stepchildren,\11\ and federal employees in same-
sex domestic partnerships therefore cannot obtain coverage for 
their partners or the children of their partners.
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    \11\See 5 U.S.C. 8901(5), 8905(a) (FEHB); 5 U.S.C. 8951(2), 
8956(a), 8981(2), 8986(a) (Federal Employees Dental and Vision 
Insurance Program, or FEDVIP).
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    A second important benefit is the survivor annuity, granted 
to certain family members when retired federal employees 
predecease them. Surviving spouses, former spouses, and 
dependent children and stepchildren may have statutory rights 
to a survivor annuity under various circumstances, but, except 
in limited circumstances, those rights do not cover surviving 
partners, former partners, or children of partners.\12\ Also, 
when federal employees die from work-related injuries, a 
surviving spouse, child, stepchild, or parent may be entitled 
to workers' compensation benefits under the Federal Employees' 
Compensation Act (FECA), but surviving partners or children of 
partners have no such statutory compensation rights.\13\
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    \12\See 5 U.S.C. 8341, 8441-8445. As discussed in notes 28-29 below 
and accompanying text, employees in same-sex domestic partnerships may 
sometimes be able to provide a survivor annuity to a same-sex domestic 
partner or to the dependent child of a partner under the ``insurable 
interest'' provisions of the federal annuity programs. However, married 
employees can provide their spouses and stepchildren the right to a 
survivor annuity under a broader range of circumstances and often of a 
larger size.
    \13\See 5 U.S.C. 8101(9), 8109, 8133.
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    Under those portions of the Family and Medical Leave Act 
(FMLA) that are generally applicable to federal agencies, a 
federal employee is entitled to take up to 12 weeks of unpaid 
leave per year (and may substitute accrued or accumulated 
annual leave or sick leave for the unpaid leave) to care for a 
spouse, child, or parent with a serious health condition. But 
if the employee's same-sex domestic partner becomes seriously 
ill, the employee is not entitled to take FMLA leave to care 
for the partner.\14\ Several other benefit programs for federal 
employees--group life insurance,\15\ reimbursement for certain 
travel and relocation expenses,\16\ and death gratuities for 
civilians serving with Armed Forces in military 
operations\17\--likewise have statutory provisions on 
eligibility that prevent federal employees in same-sex 
partnerships from fully participating.
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    \14\See 5 U.S.C. 6381-6382. These provisions establish minimum 
rights, and, as discussed in notes 33-34 below and accompanying text, 
the U.S. Forest Service (USFS), under an agreement with the employees' 
union, recently initiated a program modeled on the FMLA under which 
bargaining-unit employees may use up to 12 weeks of leave each year to 
care for their domestic partners with serious health conditions. Also, 
as discussed in note 32 below, OPM recently covered same-sex domestic 
partners and their children under a government-wide program allowing 
employees to take up to 24 hours of leave without pay (LWOP) per year 
to help with family members' routine medical, educational, and other 
needs.
    \15\Under the Federal Employee Group Life Insurance (FEGLI) 
program, a participating employee may elect any beneficiary, including 
a same-sex partner; but if no beneficiary is designated, proceeds are 
paid to a surviving spouse, children or other descendents, or parents 
of the deceased, or to the employee's heirs, but not to the surviving 
same-sex domestic partner. See 5 U.S.C. 8705.
    \16\When Federal employees are transferred or placed on an extended 
assignment, they can obtain reimbursement for travel with their spouse 
to line up housing in the new location, but not for such travel with 
their same-sex partner. See 5 U.S.C. 5724a, 5737.
    \17\When a married federal employee dies of injuries incurred in 
connection with civilian service with an Armed Force in a military 
operation, the government pays up to $100,000 to the surviving spouse, 
but if the employee who died was in a same-sex domestic partnership, 
the partner receives nothing. See 5 U.S.C. 8102a.
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3. Certain benefits, authorized under more flexible statutory 
        authorities, are being extended to federal employees in same-
        sex domestic partnerships

    A few federal agencies involved in financial services, a 
sector where competition for talent is especially fierce, have 
been granted some statutory flexibility to establish benefit 
packages for their own employees and have used that flexibility 
to extend limited benefits for employees in domestic 
partnerships. For example, the Treasury Department's Office of 
the Comptroller of the Currency (OCC) states in its employee-
recruitment materials that employees with domestic partners and 
the children of domestic partners are eligible to receive a 
health insurance subsidy if the partners and children are not 
eligible for group health insurance through another employer or 
under another group-sponsored plan.\18\ They also are eligible 
for coverage under the OCC's dental, vision, and group life 
insurance programs at little or no cost to the employee, and 
may receive the same allowances and benefits upon relocation 
that employees with spouses and children receive.\19\ The 
Federal Reserve Board likewise promotes to potential recruits 
that it ``provides limited health, dental, and vision benefits 
to domestic partners.''\20\ And Federal Deposit Insurance 
Corporation (FDIC) employees with domestic partners are 
eligible for a health insurance subsidy, coverage under the 
FDIC's dental, vision, dependent life insurance, and business 
travel accident insurance plans, and allowances upon 
relocation.\21\
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    \18\U.S. Department of the Treasury, Office of the Comptroller of 
the Treasury, Careers at the OCC, Benefits, http://www.occ.gov/about/
careers/benefits.html.
    \19\Id.
    \20\Board of Governors of the Federal Reserve System, Careers at 
the Federal Reserve, Benefits (last update April 28, 2009), http://
www.federalreserve.gov/careers/benefits.htm.
    \21\FDIC, New Employee Resources, Domestic Partner Program (Revised 
03/14/2010), http://www.fdic.gov/newemployee/PDF/
domesticpartnerprogramsummary.pdf.
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    In addition, some programs offering benefits to federal 
employees--some government-wide and others agency-specific--are 
not statutorily limited to specific family members, and, in a 
June 17, 2009 memorandum to all departments and agencies, the 
President directed agencies to extend the same benefits to 
federal employees' same-sex domestic partners as the agency 
currently gives to spouses where such extension of benefits was 
permissible under the law.\22\ The memorandum, stating that 
extending certain benefits would help agencies compete with the 
private sector in recruiting and retaining talent, noted that 
the Secretary of State, who oversees the Foreign Service, and 
the Director of the Office of Personnel Management (OPM), who 
oversees the civil service, had already identified areas where 
domestic partner benefits could be provided. The memorandum 
directed the Secretary and the Director to extend the benefits 
that they had identified, and it also instructed all agencies 
to identify additional authorities under which the agencies can 
extend other benefits to same-sex partners of federal employees 
and to report back to OPM.
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    \22\The President, Memorandum on Federal Benefits and Non-
Discrimination (June 17, 2009), Daily Compilation of Presidential 
Documents, 2009 DCPD No. 00477, http://www.gpoaccess.gov/presdocs/2009/
DCPD-200900477.pdf.
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    Following up on the Presidential memorandum, the Secretary 
of State announced on June 18, 2009, that ``the Department of 
State is extending the full range of legally available benefits 
and allowances to same-sex domestic partners of members of the 
Foreign Service sent to serve abroad.''\23\ Also, the Director 
of OPM made regulatory changes to two civil service benefit 
programs, allowing domestic partners of federal employees to 
apply for coverage under the Federal Long Term Care Insurance 
Program (FLTCIP)\24\ and clarifying that federal employees' 
domestic partners, their children, and their parents may be 
considered for determining employee eligibility to take sick 
leave and funeral leave and to receive donated annual leave 
under leave-transfer and leave-bank programs.\25\
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    \23\Hillary Rodham Clinton, Secretary of State, ``Benefits for 
Same-Sex Domestic Partners of Foreign Service Employees'' (Washington, 
DC, June 18, 2009), http://www.state.gov/secretary/rm/2009a/06//
125083.htm. Among the benefits provided for declared same-sex partners 
of employees serving oversees will be: diplomatic passports; the 
inclusion on employee travel orders; inclusion in housing allocations 
and payment of overseas differentials; the use of medical facilities at 
posts abroad; medical evacuation from posts abroad; emergency travel 
for the partners to visit gravely ill or injured employees; emergency 
evacuation from posts abroad; and training at the Foreign Service 
Institute.
    \24\U.S. OPM, Final Rule, ``Federal Long Term Care Insurance 
Program: Eligibility Changes,'' 75 Fed. Reg. 30267 (June 1, 2010) 
(amending 5 C.F.R. Part 875), http://www.gpo.gov/fdsys/pkg/FR-2010-06-
01/pdf/2010-13015.pdf.
    \25\U.S. OPM, Final Rule, ``Absence and Leave'' 75 Fed. Reg. 33491 
(June 14, 2010) (amending 5 C.F.R. part 630), http://www.gpo.gov/fdsys/
pkg/FR-2010-06-14/pdf/2010-14252.pdf. The regulatory changes allow the 
receipt of donated annual leave under the Voluntary Leave Transfer, 
Leave Bank, and Emergency Leave Transfer Programs. The regulation 
covers both same-sex and opposite-sex domestic partners.
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    The President issued a second memorandum, on June 2, 2010, 
requiring agencies to extend several additional kinds of 
benefits to employees in same-sex partnerships.\26\ 
Specifically, the President directed the OPM Director to 
clarify that employees' same-sex domestic partners and the 
partners' children qualify for a variety of benefits that are 
available to spouses and their children.\27\ He also told the 
OPM Director to publish a rule change making it easier for 
employees, if they are in good health when they retire, to 
grant their same-sex domestic partners the right to a survivor 
annuity under the ``insurable interest'' provisions of federal 
annuity programs.\28\ (Even with this change, employees in 
domestic partnerships will only be able to provide survivor 
annuities to their partners under far narrower circumstances, 
and often in smaller amounts, than married employees.\29\) 
Moreover, the Presidential memorandum requires the 
Administrator of General Services to clarify the scope of 
coverage of the Federal Travel Regulations so that employees 
may obtain reimbursement for appropriate travel, relocation, 
and subsistence expenses for a domestic partner and partner's 
children.\30\
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    \26\The President, Memorandum on Extension of Benefits to Same-Sex 
Domestic Partners of Federal Employees (June 2, 2010) (``2010 
Presidential Memorandum''), Daily Compilation of Presidential 
Documents, 2010 DCPD No. 00450, http://www.gpoaccess.gov/presdocs/2010/
DCPD-201000450.pdf.
    \27\Id., sections 1(a)(i)-(iii), (v), (vii).
    \28\Id., section 1(a)(iv). Under current law, if an employee can 
demonstrate good health and can demonstrate that another individual has 
an ``insurable interest'' in the employee (i.e., that the individual 
could reasonably expect to derive financial benefit from the employees' 
continued life), the employee may elect to receive a reduced annuity in 
order to provide a survivor annuity to the other individual. See 5 
U.S.C. Sec. Sec. 8339(k)(1), 8341(c), 8420, 8444; OPM, Retirement 
Information and Services, ``Survivor Benefit Elections, Court-Ordered 
Benefits, and Children's Benefits'' (``OPM, Survivor Benefit 
Elections''), http://www.opm.gov/retire/faq/post/faq2.asp. After OPM 
fulfills the requirement in the 2010 Presidential Memorandum, same-sex 
domestic partners of retiring employees would be presumed to have an 
insurable interest in the employee.
    \29\Married employees' spouses and spouses' children can become 
entitled to a survivor annuity under a broader range of circumstances, 
and often of a larger size, than employees' same-sex domestic partners 
and partners' children. For example, when married employees die after 
retirement or after a significant period of service as an employee, the 
surviving spouse is generally entitled to a survivor annuity. See 5 
U.S.C. Sec. Sec. 8341, 8442, 8445; OPM, ``Survivor Benefit Elections,'' 
note 28 above. By contrast, even after the OPM Director has added same-
sex domestic partners to the list of individuals presumed to have an 
insurable interest, an employee who dies before retirement or who is 
not in good health at retirement would not be able to designate the 
domestic partner as a person entitled to a survivor annuity. Moreover, 
even if an employee is in good health at retirement and designates the 
domestic partner to receive a survivor annuity, the size of both the 
retiree's annuity and the domestic partner's survivor annuity may be 
significantly reduced if the employee is more than a few years older 
than the domestic partner.
    \30\June 2010 Presidential Memorandum, note 26 above, section 1(b).
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    Pursuant to this second memorandum, the OPM Director 
distributed guidance to all departments and agencies to ensure 
consistent and appropriate implementation of domestic partner 
benefits government-wide.\31\ The OPM memorandum provided a 
uniform definition of ``domestic partner'' and listed the kinds 
of benefits that many agencies provide to their employees' 
spouses and their children and that, under the presidential 
memorandum, the agencies must extend to same-sex domestic 
partners and their children as well. The list includes benefits 
available at many agencies, such as credit union membership, 
access to fitness facilities, and counseling, as well as more 
specialized benefits that only certain agencies provide, such 
as access to medical treatment, reimbursement of health 
insurance premiums, life insurance for dependents, and 
employment opportunities for spouses when employees are 
transferred.
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    \31\OPM Director John Berry, Memorandum for Heads of Executive 
Departments and Agencies, ``Implementation of the President's 
Memorandum Regarding Extension of Benefits to Same-Sex Domestic 
Partners of Federal Employees'' (June 2, 2010), http://www.chcoc.gov/
Transmittals/TransmittalDetails.aspx?TransmittalID=2982.
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    Under an interpretation of applicable FMLA provisions that 
the OPM Director issued on August 31, 2010, a federal employee 
who will share in raising a child born to or adopted by the 
employee's domestic partner may take FMLA leave following the 
birth or adoption of the child, and a federal employee who 
provides care for such a child may take FMLA leave if the child 
has a serious health condition.\32\ Also, the U.S. Forest 
Service (USFS) recently began a new program, modeled on the 
FMLA, providing leave benefits to employees in same-sex 
domestic partnerships.\33\ Under the new program, which was 
negotiated with the USFS employees' union, employees in 
bargaining units will be able to take up to 12 weeks of unpaid 
or accrued leave each year to care for a domestic partner with 
a serious health condition.\34\
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    \32\OPM Director John Berry, Memorandum for Chief Human Capital 
Officers, ``Interpretation of Son or Daughter' Under the Family and 
Medical Leave Act'' (Aug. 31, 2010), http://www.chcoc.gov/transmittals/
TransmittalDetails.aspx?TransmittalID=3122. The OPM Director's 
interpretation applies to both same-sex and opposite-sex partners, and 
is based on the recent Administrator's Interpretation No. 2010-3, 
published by the U.S. Department of Labor, Wage and Hour Division, 
interpreting provisions of the FMLA and of the Department's FMLA 
regulations that apply generally to the private sector and to other 
employees outside of the federal civil service, http://www.dol.gov/whd/
opinion/adminIntrprtn/FMLA/2010/FMLAAI2010_3.pdf.
    Moreover, the OPM Director on September 10 issued amended guidance 
on the government's ``24-Hour LWOP Family Support Policy.'' Under a 
Presidential memorandum issued in 1997, federal agencies are encouraged 
to allow their employees to schedule up to 24 hours of leave without 
pay (LWOP) each year to participate in school activities for children, 
to accompany their children to routine medical or dental appointments, 
and to help elderly relatives get routine medical and dental care and 
other services. The June 2010 Presidential Memorandum instructed the 
OPM Director to issue amended guidance so that the 1997 policy may be 
used to meet the needs of a same-sex domestic partner and a partner's 
children. The OPM Director issued such guidance on September 10, 2010. 
See OPM Director John Berry, Memorandum for Chief Human Capital 
Officers, ``Extension of 24-Hour LWOP Family Support Policy to Same-Sex 
Domestic Partners of Federal Employees'' (Sept. 10, 2010), http://
www.chcoc.gov/transmittals/TransmittalDetails.aspx?TransmittalID=3146.
    \33\See Emily Long, ``Domestic Partner Benefits Get Another 
Boost,'' GOVERNMENTEXECUTIVE.COM (Oct. 27, 2010), http://
www.govexec.com/dailyfed/1010/102710l1.htm; NFFE, ``Master Agreement 
Focus--Leave (Article 20),'' The Voice: The Official Newsletter of the 
Forest Council (FSC) (Fall Issue, Oct., 2010), at page 3, http://
www.nffe-fsc.org/documents/voice/The_Voice_Fall_Issue_v.6.pdf.
    \34\Under the USFS agreement, both same-sex and opposite-sex 
domestic partners are covered. The agreement also allows an employee to 
use leave to care for the parents of a domestic partner, the domestic 
partner of other close relatives, and any other individual related by 
blood or affinity whose relationship to the employee is the equivalent 
of a family relationship.
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    While these Executive actions represent significant steps, 
such actions cannot, by statute, allow federal employees in 
domestic partnerships and their partners to have full access to 
health insurance, survivor annuities, workers' compensation, 
and other key employee benefits. For this reason, the 
President, in issuing each of his memoranda, recognized that 
legislation would be needed and called upon the Congress to 
enact the Domestic Partnership Benefits and Obligations 
Act.\35\
---------------------------------------------------------------------------
    \35\The President, Statement on the Extension of Benefits to Same-
Sex Domestic Partners of Federal Employees (June 2, 2010), Daily 
Compilation of Presidential Documents, 2010 DCPD No. 00449, http://
www.gpoaccess.gov/presdocs/2010/DCPD-201000449.pdf; the President, 
Statement on Signing a Memorandum on Federal Benefits and Non-
Discrimination and Support of Domestic Partners Benefits and 
Obligations Legislation (June 17, 2009), Daily Compilation of 
Presidential Documents, 2009 DCPD No. 00476 http://www.gpoaccess.gov/
presdocs/2009/DCPD-200900476.pdf.
---------------------------------------------------------------------------

   B. DOMESTIC PARTNERSHIP BENEFITS AND OBLIGATIONS LEGISLATION FOR 
                           FEDERAL EMPLOYEES

    To help the federal government catch up with major national 
employers, Senator Lieberman and Senator Collins introduced the 
Domestic Partnership Benefits and Obligations (DPBO) Act (S. 
1102). Thirty other Senators currently cosponsor the bill.
    S. 1102 would amend applicable statutory provisions to make 
federal employees in same-sex domestic partnerships and their 
partners eligible for the same employee benefits and subject to 
the same employee obligations as married employees and their 
spouses. The bill uses a strict definition of domestic partner, 
requiring those seeking benefits to certify (subject to 
criminal penalties if they submit false information) that they 
and their domestic partners have a common residence and, among 
other things, share responsibility for a significant measure of 
each other's welfare and financial obligations. The bill makes 
employees in domestic partnerships eligible for all benefits 
available to married federal employees, including health 
insurance, retirement benefits, workers' compensation, and 
family and medical leave. Under the legislation, employees who 
apply for domestic partner benefits would also have to comply 
with obligations that currently relate to married employees and 
their spouses, such as financial disclosure requirements, 
conflict of interest rules, and nepotism restrictions. The bill 
does not alter the definition of marriage or spouse as 
established under the Defense of Marriage Act (DOMA), which 
establishes that these terms in any federal statute or 
regulation can mean only an opposite-sex union or a person of 
the opposite sex who is a husband or wife.\36\ Nothing in S. 
1102 would cause a same-sex marriage or a same-sex spouse 
recognized by any State's law, or a domestic partnership or a 
domestic partner recognized under S. 1102, to be deemed a 
``marriage'' or a ``spouse'' within the meaning of any federal 
statute or regulation.
---------------------------------------------------------------------------
    \36\1 U.S.C. Sec. 7. This provision is further discussed in section 
II.C.3, below, of this report.
---------------------------------------------------------------------------
    To examine the proposed DPBO Act, the Committee held a 
hearing on September 24, 2008, in the 110th Congress (2008 
Hearing),\37\ and a second hearing during the 111th Congress, 
on October 15, 2009 (2009 Hearing).\38\ At these hearings, the 
Committee heard testimony and received statements from major 
national corporations, federal employees and their 
representatives, elected and appointed officials of the federal 
government, and advocacy and research organizations.
---------------------------------------------------------------------------
    \37\Hearing before the Committee on Homeland Security and 
Governmental Affairs, ``Domestic Partner Benefits for Federal 
Employees: Fair Policy and Good Business,'' S. Hrg. 110-944 (September 
24, 2008) (``2008 Hearing''), http://frwebgate.access.gpo.gov/cgi-bin/
getdoc.cgi? dbname= 110_senate_hearings&docid=f:45581.wais.pdf. Some 
hearing materials are also available at http://hsgac.senate.gov/public/
index.cfm?FuseAction=Hearings.Hearing&Hearing_ ID=4567a0c5-c026-461d-
8b28-d30898f5e3d9. The 2008 Hearing discussed the bill introduced in 
the 110th Congress (S. 2521), which was identical to this Congress's S. 
1102.
    \38\Hearing before the Committee on Homeland Security and 
Governmental Affairs, ``Domestic Partner Benefits: Fair Policy and Good 
Business for the Federal Government,'' S. Hrg. 111-758 (October 15, 
2009) (``2009 Hearing''). Some hearing materials are available at 
http://hsgac.senate.gov/public/
index.cfm?FuseAction=Hearings.Hearing&Hearing_ID=d5347e63-e680-4ebf-
8b9d-5eb5f8cd5e79.
---------------------------------------------------------------------------
    The testimony showed that employers offer domestic partner 
benefits for two basic reasons: it is a good business decision, 
giving employers an advantage in attracting and retaining 
employees in the diverse contemporary workforce, and it is the 
right and fair thing to do.\39\
---------------------------------------------------------------------------
    \39\See also Employee Benefit Research Institute, Facts from EBRI, 
note 3 above.
---------------------------------------------------------------------------

1. Offering domestic partner benefits would be a good business decision 
        for the federal government, as it is for non-federal employers

            a. Recruitment and retention
    The primary reason why employers offer domestic partnership 
benefits is to attract and retain employees,\40\ and witnesses 
before this Committee described how such benefit programs 
provide a competitive advantage to their companies. Testifying 
for IBM, Yvette C. Burton told the Committee that ``[f]or over 
a decade, IBM has used domestic partner benefits as a 
differentiating and competitive method to attract 
employees.''\41\ For Dow Chemical Company, William H. Hendrix, 
III, explained in similar terms--
---------------------------------------------------------------------------
    \40\See Id.; Hewitt Associates, ``Benefit Programs for Domestic 
Partners & Same-Sex Spouses,'' Hewitt Associates, Lincolnshire, IL 
(July 2005).
    \41\Statement of Yvette C. Burton, Ph.D., Global Business 
Development Executive, GLBT and Human Capital Management Segments, IBM, 
entered into the record of the 2008 Hearing, note 37 above, at pages 
34, 37.
---------------------------------------------------------------------------
          With a shrinking and ever more diverse talent pool--
        particularly in the sciences and engineering--it is 
        essential for us to actively include everyone to ensure 
        we attract, develop and advance the very best talent 
        available in the marketplace.\42\
---------------------------------------------------------------------------
    \42\Statement of William H. Hendrix, Ph.D. Global Leader, Gays, 
Lesbians and Allies at Dow, Dow Chemical Company, at page 2, entered 
into the record of the 2009 Hearing, note 38 above, at page 85.
---------------------------------------------------------------------------
``When we discuss Domestic Partnership policies in the 
workplace,'' Hendrix concluded, ``we do so knowing that this 
policy gives us an advantage.''\43\
---------------------------------------------------------------------------
    \43\Id.
---------------------------------------------------------------------------
    The General Electric Company (GE) submitted a letter for 
the 2008 Hearing that described specific statements by gay and 
lesbian university students who were about to enter the labor 
market and ``expressed that while a record of innovation and 
strong culture were key drivers of an employment decision, the 
lack of domestic partner benefits would be an automatic 
disqualifier.''\44\ The letter also said that gay and lesbian 
employees already at GE ``frequently echo this sentiment,'' 
explaining, ``While most do not participate in these benefits 
based upon their own individual family status, many indicate 
that it is a key reason why they remain at GE.''\45\
---------------------------------------------------------------------------
    \44\Letter from Deborah A. Elam, Vice President and Chief Diversity 
Officer, Corporate Human Resources, General Electric Company (September 
17, 2008) (``GE Letter''), entered into the record of the 2008 Hearing, 
note 37 above, at pages 147, 148.
    \45\Id.
---------------------------------------------------------------------------
    A survey of State governments that offer domestic partner 
benefits to employees, prepared by the Center for American 
Progress, likewise found that offering these benefits yield 
advantages in recruitment and retention.\46\
---------------------------------------------------------------------------
    \46\Center for American Progress, ``One Simple Step for Equality: 
States Prove that the Federal Government Can Offer Domestic Partner 
Benefits with Ease,'' note 7 above.
---------------------------------------------------------------------------
    The private-sector witnesses also informed the Committee 
that the competitive advantage from offering domestic 
partnership benefits goes beyond recruits and employees who are 
gay or lesbian. Dr. Hendrix testified about Dow's experience: 
``We have had potential employees who are heterosexual and 
married express that they felt DP benefits were a good 
indicator of how the company would treat ALL employees within 
the workforce.''\47\ Hendrix further described that other 
companies reported similar findings:
---------------------------------------------------------------------------
    \47\Response from William H. Hendrix, Dow Chemical Company, to 
question #1, Post-Hearing Question Submitted from Senator Tom Carper 
for the Record of the 2009 Hearing, note 38 above, at page 106 
(emphasis in original).
---------------------------------------------------------------------------
          Many companies report that the implementation of 
        domestic partner benefits helps attract and retain 
        critical talent from non-gay and lesbian talent. These 
        particular candidates have reported that the existence 
        of a domestic partner benefits policy shows that the 
        company values and truly believes in a workplace that 
        respects and protects all employees. It also shows our 
        commitment to including diverse perspectives. This 
        trend is especially prevalent among younger candidates 
        of the workforce--a segment crucial to the future 
        demographics of any employer.\48\
---------------------------------------------------------------------------
    \48\Statement of William H. Hendrix, Dow Chemical Company, note 42 
above, at page 87.
---------------------------------------------------------------------------
Dr. Burton testified likewise that IBM found its domestic 
partner benefits help attract and retain heterosexual talent--
particularly among younger recruits and employees.\49\
---------------------------------------------------------------------------
    \49\Statement of Yvette C. Burton, IBM, note 41 above, at pages 38-
39.
---------------------------------------------------------------------------
    Dr. Hendrix also explained that Dow's domestic partner 
benefit policy is a valuable tool in recruiting for key mid-
career and management positions.\50\ For example, Dow recently 
hired a mid-level scientist, who had critical skills that Dow 
needed for a business project, and whom Dow was able to lure 
away from a small start-up that lacked domestic partner 
benefits partly because the recruit was attracted to such 
benefits at Dow.\51\ Dow also found its benefit policy was of 
paramount importance in convincing another recruit, who 
recently relocated from a California university to Dow's 
Midland, Michigan, facility because the employee would not have 
wanted to move if the relocation had left his partner without 
health insurance coverage.\52\
---------------------------------------------------------------------------
    \50\Response from William H. Hendrix, Dow Chemical Company, to 
question #1, Post-Hearing Question Submitted from Senator Joseph I. 
Lieberman for the Record of the 2009 Hearing, note 38 above, at page 
104.
    \51\Id.
    \52\Id.
---------------------------------------------------------------------------
    The Committee also heard testimony from federal officers 
and employees and employee representatives, who provided their 
views on the advantages that the federal government could gain 
from offering domestic partner benefits--advantages of the same 
kind as those that witnesses from the private sector described. 
OPM Director John Berry testified at the Committee's 2009 
hearing that the government's failure to provide benefits to 
employees with same-sex domestic partners ``directly undermines 
the Federal Government's ability to recruit and retain the 
Nation's best workers.''\53\ Berry based his opinion on the 
experience of employers in both the public and private sector 
who have found domestic partner benefits an effective tool for 
recruitment and retention, as well as the prevalence of these 
benefits in the private sector, especially among large 
employers.\54\ From this, he concluded,
---------------------------------------------------------------------------
    \53\Statement of John Berry, Director, U.S. Office of Personnel 
Management (OPM), at page 2, entered into the record of the 2009 
Hearing, note 38 above, at page 36.
    \54\Response by OPM Director John Berry to question #1, Post-
Hearing Questions Submitted from Senator Lieberman for the Record of 
the 2009 Hearing, note 38 above, at page 95.
---------------------------------------------------------------------------
          If we fail to offer comparable job benefits to all 
        our employees, the Federal Government will have a more 
        difficult time competing effectively with other large 
        employers for talent. . . . Offering domestic partner 
        benefits will help address employment gaps and assist 
        agencies in recruitment and retention.\55\
---------------------------------------------------------------------------
    \55\Id.
---------------------------------------------------------------------------
    The perspective of an experienced agency manager was 
provided at the Committee's 2008 hearing by Frank A. Hartigan, 
a Deputy Regional Director with 24 years' experience at the 
Federal Deposit Insurance Corporation (FDIC).\56\ Mr. Hartigan, 
who testified on his own behalf, and who also is gay, 
reaffirmed that ``[t]he lack of domestic partner benefits puts 
the government at a distinct disadvantage when trying to 
attract and retain a qualified workforce,'' and he explained 
how offering such benefits is particularly important for agency 
recruitment and retention of younger candidates: ``Young gay 
and lesbian individuals certainly consider domestic partner 
benefits when deciding between potential jobs and employers. 
They are much more enlightened to the issue of domestic partner 
benefits than I was when I entered the federal workforce.''\57\
---------------------------------------------------------------------------
    \56\Statement of Frank A. Hartigan, Deputy Regional Director, San 
Francisco Regional Office of the Division of Supervision and Consumer 
Protection, Federal Deposit Insurance Corporation, testifying on his 
own behalf, entered into the record of the 2008 Hearing, note 37 above, 
at page 53.
    \57\Id. at page 55.
---------------------------------------------------------------------------
    Hartigan, from his perspective as a federal manager, 
reported observations similar to those of private-sector 
witnesses (noted above),\58\ that offering domestic partner 
benefits is particularly valuable for attracting and hiring 
younger workers, including both gay or lesbian and heterosexual 
candidates. And strengthening the ability to attract and hire 
younger workers is especially critical for the federal 
government. As this Committee recently concluded in a different 
context, ``the government must hire a large number of entry-
level employees to create a career pipeline, especially to fill 
the many openings impending retirements will soon create,'' but 
the current federal hiring process is weakest when it comes to 
recruiting and hiring younger workers.\59\
---------------------------------------------------------------------------
    \58\See text accompanying notes 48-49 above.
    \59\Senate Committee on Homeland Security and Governmental Affairs, 
Report to accompany S. 732, ``Federal Hiring Process Improvement Act of 
2010,'' S. Rept. 111-184 (May 12, 2010), at page 3.
---------------------------------------------------------------------------
    The federal government also has a continuing need to 
attract mid-career candidates in highly skilled and specialized 
fields, and, as Dr. Hendrix illustrated with examples involving 
Dow Chemical Company's successful hiring efforts,\60\ the 
ability to offer domestic partner benefits can serve as an 
important recruitment tool when targeting particular 
individuals. Colleen M. Kelley, National President of the 
National Treasury Employees Union (NTEU), observed in testimony 
before the Committee that many desirable mid-career candidates 
``are part of a settled domestic partner couple'', and ``[t]o 
ask a highly qualified candidate to relocate and to expect the 
candidate's domestic partner to leave his or her employment and 
employer sponsored health insurance to move to a new city is 
simply a recipe to miss out on the best and most able 
candidates.''\61\
---------------------------------------------------------------------------
    \60\See text accompanying notes 50-52 above.
    \61\Statement of Colleen M. Kelley, National President, NTEU, 
entered into the record of the 2008 Hearing, note 37 above, at pages 
41, 46.
---------------------------------------------------------------------------
    Finally, Hartigan--testifying before the FDIC started 
providing domestic partner benefits--gave the following 
illustration of how the lack of such benefits significantly 
harmed his agency by causing the loss of a highly valuable 
employee:
          Another manager recently told me about a woman who 
        left the government for private-sector employment, 
        specifically because of the lack of domestic partner 
        benefits. The employee left the FDIC, taking the 
        training and expertise that was paid for by the agency 
        to a private-sector company that offers domestic 
        partner benefits. The federal government lost a very 
        smart and valuable employee in this situation.\62\
---------------------------------------------------------------------------
    \62\Written statement of Frank A. Hartigan, note 56 above, at page 
57.
---------------------------------------------------------------------------
            b. Productivity
    Beyond the value for recruitment and retention, businesses 
have found that offering domestic partner benefits helps 
improve the existing workforce's productivity. Research shows 
that employee benefits can provide concrete value to the 
company by helping employees avoid financial concerns that harm 
productivity through absenteeism and ``presenteeism.''\63\ An 
employee testimonial, illustrating how a lack of domestic 
partner benefits could undermine productivity, came to the 
Committee in a statement from the Chubb Corporation (a leading 
insurance and financial corporation):
---------------------------------------------------------------------------
    \63\See MetLife, Inc., 8th Annual Study of Employee Benefit Trends: 
Findings from the National Survey of Employers and Employees (2010), at 
page 10, 32, http://metlife.com/assets/ institutional/services/
insights-and-tools/ebts/Employee-Benefits-Trends-Study.pdf. The term 
``presenteeism,'' analogous to absenteeism, is most often used to refer 
to the problem of workers' being on the job but, because of illness or 
other medical conditions, not fully functioning. However, as in the 
MetLife survey and in the testimony of Frank Hartigan at the September 
2008 Hearing, the term is also used to refer to lost productivity due 
to employees' being on the job but not fully functioning because of 
financial or other concerns.
---------------------------------------------------------------------------
          For most of the 12 years since Chubb began offering 
        DPB [domestic partnership benefits], my partner (for 
        the past 15 years) and I have not had the need to 
        utilize them--but there have been two occasions which 
        were exceptions. . . . My partner has various health 
        issues which require ongoing prescriptions that would 
        cost thousands of dollars each month if he had no 
        medical coverage, and so the security of being able to 
        add him to my coverage for brief periods of time was 
        critical to both our financial and emotional well 
        being. It is not too much of a leap to be able to see 
        how important the availability of such benefits can be 
        to an employee's overall productivity.\64\
---------------------------------------------------------------------------
    \64\Statement of Kathleen Marvel, Senior Vice President and Chief 
Diversity Officer, the Chubb Corporation, entered into the record of 
the 2008 Hearing, note 37 above, at pages 149, 151-152.
---------------------------------------------------------------------------
    Companies have also found that offering same-sex domestic 
partnership benefits helps them in less tangible, but 
important, ways by enabling gay and lesbian employees to be 
more fully engaged in their work and committed to the company. 
Dr. Hendrix explained that one reason Dow's GLBT\65\ policies, 
including domestic partner benefits, have been good for the 
workplace is that employees ``know that they can perform their 
jobs openly and with full support of their family situation 
without fear of repercussion and therefore have more reason to 
be committed to the company in return.''\66\ Dr. Burton 
expanded on this same point:
---------------------------------------------------------------------------
    \65\The acronym ``GLBT'' or ``LGBT'' refers collectively to gay, 
lesbian, bisexual, and transgendered.
    \66\Statement of William H. Hendrix, Dow Chemical Company, note 42 
above, 2009 Hearing at page 86.
---------------------------------------------------------------------------
          Unfortunately, many GLBT employees spend a good deal 
        of their workdays concealing their orientation from co-
        workers for fear of backlash or adverse impact to 
        career advancement. The absence of domestic partner 
        benefits contributes to this problem by signaling to 
        all employees that GLBT employees are not equally 
        valued in the workplace. . . .\67\
---------------------------------------------------------------------------
    \67\Statement of Yvette C. Burton, IBM, note 41 above, at page 38.
---------------------------------------------------------------------------
    To address this kind of situation, Dr. Burton has found 
that offering such benefits ``can improve low productivity and 
morale caused by inequitable workplace practices, thereby 
creating a positive work environment.''\68\ GE, which offers 
domestic partner benefits, likewise described the experience of 
its own gay and lesbian employees who reported that ``the 
benefits are not only a protection of the health and welfare of 
their current and future families, but representative of a 
culture where they can bring their whole selves to work 
enabling performance and innovation.''\69\
---------------------------------------------------------------------------
    \68\Id.
    \69\GE Letter, note 44 above, 2008 Hearing at page 148.
---------------------------------------------------------------------------
    Hartigan illustrated how the failure to provide benefits 
for employees' same-sex domestic partners affects productivity 
within federal agencies by describing his and his colleagues' 
actual observations. Like the witnesses from IBM and Dow, 
Hartigan explained how a lack of domestic partner benefits 
causes needless and harmful ``presenteeism'' and offered this 
stark example:
          A colleague of mine who has been with the government 
        for 23 years recently relocated. His partner of 18 
        years left his full-time position with benefits to 
        relocate with him. This particular employee has moved 
        several times for the agency to take positions of 
        increasing authority and responsibility. However, 
        during the most recent move, his partner experienced a 
        medical crisis requiring emergency treatment and 
        hospitalization. This occurred before the partner had 
        found new employment and benefits. The medical bills 
        resulting from the emergency totaled nearly $30,000. 
        Had the federal government offered domestic partner 
        medical benefits, the employee would have purchased 
        family coverage for his partner. This situation caused 
        the employee severe mental distress at a time when he 
        had just taken on a new and more challenging job. 
        Needless to say, he was not able to give his all to his 
        new position.\70\
---------------------------------------------------------------------------
    \70\Statement of Frank A. Hartigan, note 56 above, 2008 Hearing at 
page 63.
---------------------------------------------------------------------------
    In this example, the employee agreed to the relocation and 
he and his partner endured the costs. Frequently, though, 
employees and their partners will not take such a risk, 
resulting in another kind of harm to agency productivity: that 
employees sometimes decline transfers to positions where their 
talents would better serve the agency's mission, because 
accepting the transfer would leave the domestic partner without 
medical benefits. Hartigan described examples of this situation 
as well, including the following experience of an FDIC 
colleague. The employee and same-sex partner were considering 
whether to relocate to enable the employee to take a job with 
higher responsibility, but--
          given the lack of domestic partner health insurance 
        benefits, this was never an option for them. Since the 
        partner could not be covered by FEHB insurance, they 
        did not want to take the risk of the partner being 
        unemployed, if only for a short time during the 
        relocation process.\71\
---------------------------------------------------------------------------
    \71\Id. at pages 61-62.
---------------------------------------------------------------------------

2. Providing domestic partnership benefits to its employees, and 
        imposing domestic partnership obligations upon them, would be 
        the right and fair thing for the federal government to do

    In addition to explaining why offering domestic partner 
benefits would be a good business decision for the federal 
government, witnesses explained why it would be the right thing 
to do. For example, Sherry Bracey, the program manager of the 
Women's and Fair Practices Department of the American 
Federation of Government Employees, AFL-CIO, (AFGE)\72\ 
illustrated the unfairness of current law by comparing, in 
detail, the benefits available to a high-performing and 
valuable federal employee whose family consists of an opposite-
sex spouse and two stepchildren, compared with the benefits 
available to a high-performing and valuable federal employee 
whose family consists of a same-sex domestic partner and the 
partner's two children.\73\
---------------------------------------------------------------------------
    \72\AFGE is the largest federal-sector labor union, representing 
more than 600,000 employees.
    \73\Statement of Sherry Bracey, Program Manager, Women's and Fair 
Practices Department, AFGE, entered into the record of the 2008 
Hearing, note 37 above, at pages 48, 50-52.
---------------------------------------------------------------------------
    Because DPBO legislation is not yet law, Bracey explained, 
``the two workers will receive vastly different compensation in 
return for their work for the federal government.''\74\ One 
will be eligible for a family health-insurance FEHB plan, 
partly paid for by the employing agency, covering all members 
of the family, whereas the employee with the domestic partner 
and children will be eligible for only single coverage under an 
FEHB plan and will have to find coverage for the rest of the 
family through the partner's employment, if any, or on the open 
market.
---------------------------------------------------------------------------
    \74\Id. at page 51.
---------------------------------------------------------------------------
    If the married employee dies early, the surviving spouse 
and children could be eligible for substantial benefits under 
one of the retirement systems; in identical circumstances, the 
other employee's surviving partner and children would receive 
nothing. If the two employees became disabled, the one with a 
spouse and stepchildren would receive substantially higher 
disability benefits than the one with a partner and the 
partner's children. If the two federal employees live until 
after retirement and then die, the surviving spouse or 
stepchild of the married employee would have a greater chance 
of receiving a substantial survivor annuity than the surviving 
partner and partner's child.
    Hartigan, from his experience as a federal manager, 
provided a concrete example of how this disparity affected a 
federal employee and the employee's family. One of Hartigan's 
colleagues at the FDIC had worked for the government for nearly 
28 years, was in a long-term relationship with a same-sex 
domestic partner and together with the partner was raising 
three adopted children. The employee could obtain health 
insurance under FEHB for himself and the adopted children, but 
not for his partner. They therefore had to purchase separate 
insurance for the partner from the private insurance market, at 
a cost of nearly $9,000 per year. That insurance had such high 
deductibles and other limits that the couple had to postpone 
needed surgery for the partner because they could not afford 
it. And this financial strain was imposed on a family 
struggling to save for college.
    Witnesses also described the pervasive disappointment and 
unhappiness that such unfair treatment engenders in the federal 
workforce. Ms. Kelley, the NTEU National President, told the 
Committee that NTEU members\75\ frequently express concern at 
union meetings, conferences and direct inquiries about the lack 
of domestic partner benefits.\76\ She emphasized that 
resolutions supporting such benefits have been debated and 
passed at NTEU national conventions, where it was demonstrated 
that ``the federal employee support for domestic partner 
benefits is broad and nationwide.''\77\ ``And increasingly,'' 
she testified, ``particularly among new hires, it is not only 
desire and need but there is an expectation of domestic partner 
benefits from NTEU members who have received those benefits in 
the private sector.''\78\
---------------------------------------------------------------------------
    \75\NTEU is the largest independent federal-sector labor union, 
representing over 150,000 workers at 31 different agencies.
    \76\Statement of Colleen M. Kelley, NTEU, note 61 above, 2008 
Hearing at page 44.
    \77\Id.
    \78\Id. (emphasis in original).
---------------------------------------------------------------------------
    Sherry Bracey, testifying for AFGE, put these issues of 
unfairness into the context of the merit system principle of 
pay equity,\79\ which the federal system of personnel 
management is bound to uphold:
---------------------------------------------------------------------------
    \79\The Merit System Principles are codified at 5 U.S.C. Sec. 2301, 
and the third such principle states, in relevant part: ``Equal pay 
should be provided for work of equal value . . . .''
---------------------------------------------------------------------------
          How can anyone square these facts with the merit 
        system principle of equal pay for substantially equal 
        work?
          The answer is that one cannot justify discriminating 
        against federal employees who are in domestic 
        partnerships versus federal employees who are in 
        conventional marriages. All else equal, sexual 
        orientation should not form the basis of discrimination 
        in compensation. . . .\80\
---------------------------------------------------------------------------
    \80\Statement of Sherri Bracey, AFGE, note 73 above, 2008 Hearing 
at page 52.
---------------------------------------------------------------------------
    ``Perhaps the worst effect of the disparity,'' according to 
Hartigan, ``is in how it can make the gay or lesbian employee 
feel about their employer, about their colleagues, and about 
themselves.''\81\ He explained:
---------------------------------------------------------------------------
    \81\Statement of Frank A. Hartigan, note 56 above, 2008 Hearing at 
page 63.
---------------------------------------------------------------------------
          One of my colleagues expressed it this way, ``It is 
        difficult for me to understand why I would be punished, 
        when a married counterpart who was promoted at the same 
        time as me, is receiving full relocation benefits. Do 
        we really want productive government employees to feel 
        punished?''\82\
---------------------------------------------------------------------------
    \82\Id.
---------------------------------------------------------------------------
    Ms. Kelley, president of NTEU, also explained that ``[t]he 
integrity of the civil service system demands not only that 
there be fairness in benefits but that nepotism and other 
abuses not be permitted because of an exemption of domestic 
partners.''\83\ Accordingly, she emphasized to the Committee 
the importance of bringing federal employees and their same-sex 
domestic partners under ``the same duties, obligations and 
ethics requirements that married federal employees are mandated 
to follow such as anti-nepotism rules and financial disclosure 
requirements.''\84\
---------------------------------------------------------------------------
    \83\Statement of Colleen M. Kelley, NTEU, note 61 above, 2008 
Hearing at page 42.
    \84\Id.
---------------------------------------------------------------------------

   C. CRITICISMS AND CONCERNS ABOUT S. 1102, AND RESPONSES TO THOSE 
                        CRITICISMS AND CONCERNS

    Criticisms and concerns about the DPBO legislation have 
been persuasively answered.

1. S. 1102 would not open up employee benefit programs to fraud

    Then-Deputy Director of OPM Howard C. Weizmann testified at 
the 2008 Hearing about his concern that a benefits system based 
on employees' self-reporting of domestic partner relationships 
could invite fraudulent claims.\85\ As Weizmann explained it, 
spousal benefits that OPM now provides are based on the 
documentation of a state-sanctioned marriage, whereas providing 
benefits to those in domestic partnerships certified by 
affidavit under the DPBO legislation could lead to fraud and 
abuse.\86\ Other witnesses, including current OPM Director 
Berry in subsequent testimony, disagreed. After careful 
consideration, the Committee has concluded there is no reason 
to believe that S. 1102 would open up benefit programs to 
fraud.
---------------------------------------------------------------------------
    \85\Statement of Howard C. Weizmann, then-Deputy Director, OPM, 
entered into the record of the 2008 Hearing, note 37 above, at pages 
31, 32.
    \86\Id.; oral testimony of then-Deputy Director of OPM Howard C. 
Weizmann, at the 2008 Hearing, note 37 above, at page 18.
---------------------------------------------------------------------------
    To further explore this issue, the Committee questioned 
other witnesses about their experience in implementing domestic 
partner benefit programs. At the 2008 Hearing, Dr. Burton of 
IBM spoke about her own company's findings, and also those of 
other companies that are clients of IBM and whose employee 
benefits programs IBM supports. Based on this, Burton testified 
that fraud has not been a problem for domestic partner benefit 
programs using self-reported affidavits. In fact, according to 
Burton, ``the risk studies since 1982 suggest that there is not 
fraud. There is greater fraud in marriage licenses being 
produced that are not valid than there are in affidavits.''\87\
---------------------------------------------------------------------------
    \87\Oral testimony of Yvette C. Burton, IBM, at the 2008 Hearing, 
note 37 above, at pages 26-27.
---------------------------------------------------------------------------
    Dr. Hendrix of Dow Chemical told the Committee at the 2009 
Hearing about his company's system under which employees self-
report the existence of a domestic partnership, a process 
similar to what would be required under S. 1102, and he 
testified that the company has had no issue with fraudulent 
claims for benefits.\88\ Hendrix explained that a search was 
undertaken in preparation for his testimony and that ``we could 
not find a case [of fraud] in our search.''\89\
---------------------------------------------------------------------------
    \88\Statement of William H. Hendrix, Dow Chemical Company, note 42 
above, 2009 Hearing at page 88.
    \89\Oral testimony of William H. Hendrix, Dow Chemical Company, at 
the 2009 Hearing, note 38 above, at page 18.
---------------------------------------------------------------------------
    A benefits system for federal employees based on self-
reporting of domestic partnership relationships would actually 
have a lower risk of fraud than similar systems in the private 
sector. OPM Director Berry emphasized that the federal 
government is different from the private sector in that a 
federal employee who makes misrepresentations of this sort is 
subject to clear and specific criminal penalties for lying to 
the federal government.\90\ Under the criminal code, submitting 
a false claim or a false statement to any agency of the United 
States is punishable by a fine and imprisonment for not more 
than five years.\91\
---------------------------------------------------------------------------
    \90\Oral testimony of OPM Director John Berry, at the 2009 Hearing, 
note 38 above, at page 18.
    \91\18 U.S.C. Sec. 287 (false, fictitious or fraudulent claims), 
Sec. 1001 (false statements or entries).
---------------------------------------------------------------------------
    S. 1102 itself includes strong anti-fraud provisions, 
requiring both the employee and the other individual who seek 
to qualify as domestic partners to execute an affidavit in 
which they both attest that they satisfy all of the conditions 
for eligibility. Moreover, the two individuals must state in 
the affidavit that they understand that willful falsification 
may lead to penalties including criminal penalties.
    Director Berry further observed that the OPM Inspector 
General regularly audits the civil service benefit programs to 
be sure fraud is not occurring and that the Inspector General 
would be assigned to identify any risk of fraud in the new 
domestic partner program. Director Berry testified, in 
conclusion, that he does not see the risk of fraud as a large 
threat or as a reason not to proceed with the legislation.\92\
---------------------------------------------------------------------------
    \92\Oral testimony of OPM Director John Berry, at the 2009 Hearing, 
note 38 above, at page 18.
---------------------------------------------------------------------------
    Another factor that would discourage fraudulent claims 
under the legislation is that employees who establish domestic 
partnerships would not only gain eligibility for certain 
benefits; they would also assume the same obligations and 
potential liabilities that apply to married federal employees 
under current law. For example, employees with financial 
disclosure obligations under the Ethics in Government Act\93\ 
would have to include information about their domestic 
partners, as married employees must include information about 
their spouses, and employees who establish domestic 
partnerships would subject themselves to criminal conflict-of-
interest prohibitions against participating as a federal 
employee in any matter in which the domestic partner has a 
financial interest.\94\ More broadly, employees in domestic 
partnerships would not be able to withdraw money or take loans 
or distributions from their retirement savings accounts under 
the Thrift Savings Plan without their partner's consent,\95\ 
and those in domestic partnerships at retirement would, unless 
the partner consented otherwise, receive reduced annuities in 
order to fund the partner's survivor annuity.\96\ Ceding such 
rights to the domestic partner may be welcome to employees who 
are genuinely committed to caring for the partner, but these 
limitations would strongly discourage any employees in casual 
relationships who might be tempted to falsely claim domestic-
partner status.
---------------------------------------------------------------------------
    \93\Title I, Ethics in Government Act of 1978 (5 U.S.C. app. 
Sec. 101 et seq.).
    \94\18 U.S.C. Sec. 208.
    \95\See 5 U.S.C Sec. 8435; Thrift Savings Plan, Changes in Your 
Family Status: Marriage, Spouse's Rights, https://www.tsp.gov/
lifeevents/spouse/marriage.shtml#spouseRights.
    \96\See 5 U.S.C. Sec. 8339, 8341, 8416, 8419; see also OPM, 
Retirement Information and Services, ``Survivor Benefit Elections, 
Court-Ordered Benefits, and Children's Benefits'', http://www.opm.gov/
retire/faq/post/faq2.asp (spouse is generally entitled to a survivor 
annuity, with commensurate reduction in the employee's annuity, unless 
the spouse consents to waive the right).
---------------------------------------------------------------------------
    The testimony and other information before the Committee 
thus support its conclusion that enactment of S. 1102 would not 
create any unique or new risk of fraud.

2. The Committee considered the pros and cons of covering employees in 
        opposite-sex as well as same-sex domestic partnerships under 
        the legislation

    At both the 2008 and 2009 hearings, the Committee and 
witnesses discussed the pros and cons of providing benefits to 
employees in opposite-sex, as well as same-sex, partnerships. 
At the 2008 Hearing, Dr. Burton of IBM said that many companies 
have extended domestic partner benefits only to same-sex 
partners.\97\ She explained that these companies' intent is to 
offer equal treatment to their employees, and their domestic 
partner guides will often recognize that opposite-sex partners 
have the option of marrying.\98\ Testifying for Dow Chemical at 
the 2009 Hearing, Dr. Hendrix offered a somewhat different 
perspective: that there had been discussion on this subject 
within Dow as the company was moving forward with its domestic 
partner benefit program, and Dow decided that the goal of 
recruiting and retaining the best and the brightest would be 
best served by offering benefits to employees in same-sex and 
opposite-sex partnerships without distinction.\99\
---------------------------------------------------------------------------
    \97\Oral testimony of Yvette C. Burton, IBM, at the 2008 Hearing, 
note 37 above, at page 20. See, generally, the Employee Benefit 
Research Institute, Facts From EBRI, note 3 above (``According to a 
2007 survey by Hewitt Associates, . . . [s]eventeen percent of 
[surveyed] firms offered domestic partner coverage to same-sex couples 
only; 1 percent of firms offered coverage to opposite-sex couples only; 
32 percent of surveyed firms offered coverage for same or opposite-sex 
couples.'').
    \98\Id.
    \99\Oral testimony of William H. Hendrix, Dow Chemical Company, at 
the 2009 Hearing, note 38 above, at page 17.
---------------------------------------------------------------------------
    Director Berry testified at the 2009 Hearing that neither 
employees and their same-sex domestic partners nor employees 
and their opposite-sex domestic partners can participate in 
several basic benefit programs but, that ``[o]pposite-sex 
domestic partners . . . may gain eligibility through a valid 
marriage.''\100\ Berry explained that legislation is needed 
``before the Government can offer its gay and lesbian employees 
some of the most important benefits,'' and that enacting S. 
1102 ``would address the problem and provide for true equality 
in benefits for all Federal employees.''\101\
---------------------------------------------------------------------------
    \100\Statement of John Berry, note 53 above, 2009 Hearing at page 
35.
    \101\Id. at page 36.
---------------------------------------------------------------------------
    Director Berry also recognized that covering only same-sex 
domestic partners raises ``a fairness issue,''\102\ and he was 
open to the possibility of exploring coverage of opposite-sex 
partnerships at some point in the future. But he emphasized 
that providing benefits to opposite-sex partners would have a 
very significant financial impact on the government.\103\ Berry 
explained that the cost of the bill as currently drawn is one 
that the administration ``can manage and can offset,'' whereas 
including opposite-sex partners would be a step that ``we just 
cannot afford . . . at this time.''\104\ Given the ability of 
opposite-sex domestic partners to qualify for benefits through 
marriage and the significant cost associated with covering 
them, OPM was not in a position to support this additional 
expansion of benefits.
---------------------------------------------------------------------------
    \102\Oral testimony of OPM Director John Berry, at the 2009 
Hearing, note 38 above, at page 17.
    \103\Id. The earliest introduced version of the DPBO bill, 
sponsored by Representative Barney Frank (D-Mass.) in 2003, would have 
covered opposite-sex as well as same-sex partnerships, and the 
Congressional Budget Office (CBO) estimated that the bill would have 
cost the federal government nearly six times as much as a bill that 
covered same-sex partnerships only. Congressional Budget Office, Cost 
Estimate, H.R. 2526, Domestic Partnership Benefits and Obligations Act 
of 2003 (August 4, 2003) (``Approximately 83 percent of the costs would 
come from partners in opposite-sex partnerships and approximately 17 
percent of the costs derive from partners in same-sex partnerships.''), 
http://www.cbo.gov/ftpdocs/44xx/doc4484/hr2426.pdf.
    \104\Oral testimony of OPM Director John Berry, at the 2009 
Hearing, note 38 above, at page17.
---------------------------------------------------------------------------

3. Enactment of S. 1102 would not contradict DOMA or demean the 
        importance of marriage

    Certain advocacy organizations have argued that the 
legislation is at odds with DOMA and devalues marriage. For 
example, on October 14, 2009, the day of this Committee's 2009 
Hearing, the Concerned Women for America issued a statement 
referring to the hearing and then stating, ``Federal law 
defines marriage as the union between a man and a woman,'' and 
S. 1102 ``would contradict the law by elevating relationships 
outside of marriage to that of a legal marriage.''\105\ The 
statement further argued that ``[m]arriage between one man and 
one woman provides unique benefits to individuals, children, 
and society that cannot be replicated by any other living 
arrangement'' and that the DBPO legislation ``demeans the 
importance of marriage.''\106\ A few months later, on January 
29, 2010, an article on the website of the Family Research 
Council stated that the DPBO bill ``disobeys DOMA and devalues 
marriage.''\107\
---------------------------------------------------------------------------
    \105\Concerned Women for America, Media, ``Domestic Partnership 
Legislation Demeans Marriage and Undermines Federal Law'' (October 14, 
2009), http://www.cwfa.org/ content.asp?id=17857.
    \106\Id.
    \107\Family Research Council, Washington Update, ``Obama Uses Stump 
to Thump DOMA'' (January 29, 2010), http://www.frc.org/
get.cfm?i=WU10A22, also http://www.frc.org/get.cfm?it=WU&row=151 
(indicating the date of the publication).
---------------------------------------------------------------------------
    Two witnesses at the 2009 Hearing provided their thoughts 
on these arguments. OPM Director Berry stated:
          We believe that S. 1102 does not contradict existing 
        law by creating an equivalence between domestic 
        partnerships and marriage, and it certainly does not 
        demean the importance of marriage. Rather, the bill 
        allows same-sex couples in committed relationships to 
        register as domestic partners for purposes of Federal 
        benefits and obligations--a status entirely distinct 
        from the State-recognized status of marriage. This 
        administration believes that same-sex couples in 
        committed relationships should enjoy the same benefits 
        and shoulder the same obligations as married opposite-
        sex couples, but it also believes that the institution 
        of marriage is one that should be left to the States. 
        Accordingly, this bill does nothing to change any 
        State's definition of marriage.\108\ And, responding to 
        a question from the Committee asking whether S. 1102 
        would elevate same-sex relationships and thereby demean 
        marriage, Dr. Hendrix answered, from his private-sector 
        perspective, that ``Dow's decision to offer DP benefits 
        is a business decision, based on attracting and 
        retaining top talent without regard for personal 
        characteristics, including sexual orientation and 
        gender identity.''\109\
---------------------------------------------------------------------------
    \108\Response from OPM Director John Berry, to question #5, Post-
Hearing Questions Submitted from Senator Joseph I. Lieberman for the 
Record of the 2009 Hearing, note 38 above, at page 98.
    \109\Response from William H. Hendrix, Dow Chemical Company, to 
question #3, Post-Hearing Questions Submitted from Senator Joseph I. 
Lieberman for the Record of the 2009 Hearing, note 38 above, at page 
105.
---------------------------------------------------------------------------
    The regulation of marriage--who may marry, how they may 
enter into that union, and under what circumstances and 
procedures they may dissolve it--is a matter of State law, and 
nothing in S. 1102 would have any impact on the right of the 
States to define the contours of marriage. Just as importantly, 
S. 1102 would have no effect on DOMA's intended result, which 
is to limit the federal benefits and obligations flowing from 
state-sanctioned marriages to only those marriages that are 
between a man and a woman. Section 3 of DOMA (1 Sec. U.S.C. 
7)\110\ directs that:
---------------------------------------------------------------------------
    \110\DOMA was enacted by Public Law 104-199 (Sept. 21, 1996).
---------------------------------------------------------------------------
          In determining the meaning of any Act of Congress, or 
        of any ruling, regulation, or interpretation of the 
        various administrative bureaus and agencies of the 
        United States, the word ``marriage'' means only a legal 
        union between one man and one woman as a husband and 
        wife, and the word ``spouse'' refers only to a person 
        of the opposite sex who is a husband or a wife.
    The provisions of S. 1102 do nothing to alter DOMA's 
effect. The bill includes no definition of either ``marriage'' 
or ``spouse'', nor does it authorize a change in how either of 
these terms may be interpreted in any other statute or 
regulation. Moreover, as noted earlier in this report,\111\ 
nothing in S. 1102 would cause a same-sex marriage or a same-
sex spouse recognized under law of any State, or a domestic 
partnership or a domestic partner recognized under S. 1102, to 
be deemed to be a ``marriage'' or a ``spouse'' within the 
meaning of any federal statute or regulation.
---------------------------------------------------------------------------
    \111\See the second paragraph, above, of part II .B of this report.
---------------------------------------------------------------------------
    S. 1102 also does nothing to demean marriage. Marriage is 
established by religious or civil ceremonies recognized under 
State law, with broad and profound significance for the 
marriage partners, their families, and their communities. As 
Director Berry stated, S. 1102 would not change that situation 
in any way. Couples granted domestic partner benefits under 
this bill could in no way claim that the government is thereby 
considering them married. The bill instead leaves the 
governance of the institution of marriage to the States, and 
would define the distinct relationship of same-sex domestic 
partnership for limited purposes in the context of federal 
employment benefits and obligations only. Indeed, S. 1102 would 
neither enhance nor diminish the benefits, obligations, or 
other consequences that flow from either an opposite-sex or a 
same-sex couple entering into a marriage.

4. The costs of S. 1102 are justified by the benefits

    Like many employers, the federal government covers part of 
the cost of its employees' benefits, including health 
insurance, survivor annuities, workers' compensation, and 
others. By enabling employees in same-sex partnerships to 
participate in benefit programs from which they are now 
excluded, S. 1102 would impose some costs upon the government. 
The Committee explored this issue in its hearings.
    Employers that offer domestic partner benefits have 
generally found that the costs turn out to be surprisingly 
affordable. The Employee Benefit Research Institute reported, 
based on a study by Hewitt Associates, that most employers that 
offer domestic partner benefits to opposite-sex as well as 
same-sex couples found that fewer than one percent of all 
employees who were offered the benefit actually enrolled, and 
the percentage of employees who enroll is, of course, even 
lower for employers that allow only same-sex couples to 
enroll.\112\ Also, employers have found that the financial risk 
of adding a domestic partner is no more than the risk of adding 
a spouse. In sum, ``[e]xperience has shown that the costs of 
domestic partner coverage are lower than anticipated.''\113\ A 
survey of State governments that offer domestic partner 
benefits to their employees has likewise found that enrollment 
has been low and that the added costs have been minimal.\114\ 
Dr. Burton of IBM supplied to the Committee additional studies 
involving employers in various sectors, showing similar 
findings.\115\
---------------------------------------------------------------------------
    \112\Employee Benefit Research Institute, ``Fundamentals of 
Employee Benefit Programs--6th Edition (2009), at page 401, http://
www.ebri.org/pdf/publications/books/fundamentals/2009/
40_DomsPrtnr_OTHER-BENS_Funds-2009_EBRI.pdf.
    \113\Id.
    \114\Center for American Progress, ``One Simple Step for Equality: 
States prove that the federal government can offer domestic partner 
benefits with ease,'' note 7 above, at pages 1-2.
    \115\Response from Yvette C. Burton, IBM, to question #3, Post-
Hearing Questions Submitted from Senator Joseph I. Lieberman for the 
Record of the 2008 Hearing, note 37 above, at pages 199-229.
---------------------------------------------------------------------------
    Witnesses at the Committee's 2008 and 2009 Hearings also 
testified about their own companies' experiences, concluding 
that domestic partner benefits impose minimal costs and provide 
the company with significantly greater benefits. Dr. Hendrix 
observed that Dow had been offering domestic partner benefits 
for seven years, and, based on that length of experience, he 
concluded, ``I can tell you that this program DOES NOT add 
significantly to the bottom line.''\116\ Dr. Burton, offering a 
cost-benefit perspective, reported that IBM had found that the 
value to the company of offering domestic partner benefits 
significantly outweighs the costs to the company,\117\ and, 
referring to the advantages in recruitment and in maintaining 
an open and productive workplace, she reported that studies 
spanning both the private and public sectors show ``the 
benefits severely outweigh the costs.''\118\ The Chubb 
Corporation likewise told the Committee that offering domestic 
partner benefits ``has not been a financial burden to Chubb. On 
the contrary, we believe that our approach actually strengthens 
our financial underpinnings, by enabling us to attract and 
retain a wide variety of talented employees at every level of 
the organization.''\119\
---------------------------------------------------------------------------
    \116\Statement of William H. Hendrix, Dow Chemical Company, note 42 
above, 2009 Hearing at page 88 (emphasis in original).
    \117\Oral testimony of Yvette C. Burton, IBM, at 2008 Hearing, note 
37 above, at page 16.
    \118\Id. at page 25.
    \119\Statement of Kathleen Marvel, the Chubb Corporation, note 64 
above, 2008 Hearing at pages 150-151.
---------------------------------------------------------------------------
    Even in the current challenging economic environment, 
additional companies are choosing to offer domestic partner 
benefits, showing that these companies still view that adopting 
such programs is worth the cost. OPM Director Berry referred to 
the chart (see figure 1, above) showing that the numbers of 
large companies offering such benefits continues to rise:
          The information presented in the chart provides 
        evidence that employers in the private sector continue 
        to see adding domestic partnership benefits as a good 
        business decision, even in these economic times. The 
        chart indicates that the number of employers in the 
        Fortune 500 and the Fortune 1000 that provide domestic 
        partnership benefits increased in 2009. Where many 
        employers are cutting costs and benefits, the number of 
        Fortune-ranked companies offering domestic partner 
        benefits has risen.\120\
---------------------------------------------------------------------------
    \120\Response of OPM Director John Berry to question #2, Post-
Hearing Questions Submitted from Senator Joseph I. Lieberman to the 
record of the 2009 Hearing, note 38 above, at page 96.
---------------------------------------------------------------------------
    To help ensure that the costs under S. 1102 are minimal and 
affordable, the bill contains two important limitations on 
coverage. The first limitation makes the legislation applicable 
only to same-sex, not opposite-sex, partnerships, as discussed 
above.\121\ Second, the bill covers federal employees and their 
partners only if the employees are employed by the federal 
government on or after the effective date of the bill (and will 
continue to cover the employees and their partners after the 
employees retire), but the bill does not cover former employees 
who have already retired when the bill goes into effect.\122\
---------------------------------------------------------------------------
    \121\Notes 103-104 above and accompanying text.
    \122\Based on an estimate of the cost of the legislation submitted 
to the Committee by OPM Director Berry, excluding current retirees 
appears likely to save about 30 percent of what the bill would cost if 
current retirees were covered. Response of OPM Director John Berry to 
question #3, Post-Hearing Questions Submitted from Senator Tom Coburn 
for the record of the 2009 Hearing, note 38 above, at page, at page 
102.
---------------------------------------------------------------------------
    To aid in consideration of the costs of the legislation, 
members of the Committee asked OPM to submit its estimate of 
the cost of the DPBO Act for the record of both the 2008 
Hearing and the 2009 Hearing.\123\ In addition, the cost 
estimate for the bill prepared by the Congressional Budget 
Office (CBO) is reproduced, below, in part V of this 
report.\124\
---------------------------------------------------------------------------
    \123\Response from then-OPM Director Howard C. Weizmann to question 
#2, Post-Hearing Questions Submitted from Senator Joseph I. Lieberman 
for the record of the 2008 Hearing, note 37 above, at pages 189-191; 
Response from OPM Director John Berry to question #3, Post-Hearing 
Questions Submitted from Senator Tom Coburn for the record of the 2009 
Hearing, note 38 above, at page 102.
    \124\CBO, Cost Estimate, S. 1102, Domestic Partnership Benefits and 
Obligations Act of 2009, as ordered reported by the Senate Committee on 
Homeland Security and Governmental Affairs on December 16, 2009 (May 
11, 2010), http://www.cbo.gov/ftpdocs/114xx/doc11494/s1102.pdf. The 
Committee also received into the record at the 2008 Hearing an estimate 
of the bill's cost prepared by an academic research institution. 
Williams Institute, UCLA School of Law, ``The Fiscal Impact of 
Extending Federal Benefits to Same-Sex Domestic Partners,'' by Naomi G. 
Goldberg, Christopher Ramos, M.V. Lee Badgett (September 2008) (entered 
into the record of the 2008 Hearing, note 37 above, at page 157), 
http://www.law.ucla.edu/williamsinstitute/publications/
S2521FiscalAnalysis_WilliamsInst.pdf.
---------------------------------------------------------------------------
    CBO based its estimate on changes in the cost of four 
benefit programs--health insurance (FEHB), survivor annuities 
(Federal Employees' Retirement System and Civil Service 
Retirement System), compensation for work-related injuries 
(FECA), and travel and relocation benefits--that would affect 
the federal budget. Some other benefit programs, such as life 
insurance (FEGLI) and vision and dental benefits, are fully 
paid for by the participants and therefore have no budgetary 
effect.
    CBO's estimated cost of the bill over the next ten years, 
considered as a share of the federal government's total budget 
for employee and salary and benefits, would amount to only 
about two hundredths of one percent (0.0002).\125\ In absolute 
terms, and broken down by program, domestic partner health-
insurance benefits offered through the FEHB program would 
account for the largest increase in costs--a total of $649 
million over 10 years. Taking all of the relevant benefit 
programs into consideration, enactment of the bill would cause 
spending for annuitants and for postal employees (i.e., costs 
that cannot be controlled under the annual budget process) to 
rise by $310 million over the 10-year period through 2020, and 
implementation of the bill for federal employees while they are 
still employed by the government would cost about $394 million 
over the same 10-year period.
---------------------------------------------------------------------------
    \125\Total amounts paid for personnel compensation and benefits are 
described in the President's budget submission for FY 2011. OMB, 
Analytical Perspectives, Budget of the U.S. Government, Fiscal Year 
2011, Table 10-3 Personnel Compensation and Benefits, at page 109, 
http://www.gpoaccess.gov/usbudget/fy11/pdf/spec.pdf. The table shows 
compensation and benefits for current personnel in 2010 and 2011 of 
approximately $300 billion, plus about $80 billion for retiree 
benefits. CBO's estimated costs of S. 1102 average about $70 million 
per year through 2020. This cost estimate by CBO is reproduced below in 
part V of this report.
---------------------------------------------------------------------------
    These cost estimates for S. 1102--totaling a small fraction 
of the government's total personnel costs--are fully consistent 
with the experience of non-federal employers, who find, as 
discussed above,\126\ that offering domestic partner benefits 
is very affordable and that offering such benefits is worth the 
price because of expected improvements in recruitment, 
retention, morale, and productivity.
---------------------------------------------------------------------------
    \126\Text accompanying notes 112-119 above.
---------------------------------------------------------------------------
    Finally, in his testimony at the 2009 Hearing, OPM Director 
Berry promised to help further justify the costs of S. 1102 by 
``find[ing] efficiencies and improvements that . . . fully 
cover the cost of this program.''\127\ These offsets will make 
the cost of the bill all the more affordable.
---------------------------------------------------------------------------
    \127\Oral testimony of John Berry at the 2009 Hearing, note 38 
above, at page 21.
---------------------------------------------------------------------------

       D. SUBSTITUTE AMENDMENT TO S. 1102 IMPLEMENTING TECHNICAL 
                        RECOMMENDATIONS FROM OPM

    Certain technical concerns about the drafting of the DPBO 
Act were raised by then-OPM Deputy Director Weizmann at the 
2008 Hearing\128\ and by OPM Director Berry at the 2009 
Hearing.\129\ As introduced, the legislation required that 
federal employees file affidavits pertaining to eligibility for 
domestic partner benefits with OPM. However, both Weizmann and 
Berry commented that it is not practicable for OPM to serve as 
a central repository for these documents. As Berry explained, 
``Each Federal agency carries out human resources management 
functions, including benefits enrollment and payroll 
deductions, for its own employees.''\130\ Then after an 
employee retires, documentation involving benefits is generally 
submitted to the employee's retirement system, which in many 
cases is administered by OPM.\131\
---------------------------------------------------------------------------
    \128\Statement of then-OPM Deputy Director Howard C. Weizmann, note 
85 above, 2008 Hearing at pages 32-33.
    \129\Statement of OPM Director John Berry, note 53 above, 2009 
Hearing at pages 37-38.
    \130\Id. at page 37.
    \131\For example, OPM recently issued regulations allowing the 
same-sex domestic partners of employees and annuitants to enroll under 
the Federal Long Term Care Insurance Program (FLTCIP), and OPM has 
instructed that, for employees and their partners, documentation 
showing that they meet the definition of ``domestic partner'' must be 
filed with the employee's agency, whereas for annuitants and their 
domestic partners, the documentation must be filed with the retirement 
system. See U.S. OPM, Benefits Administration Letter, ``Federal Long 
Term Care Insurance Program (FLTCIP): Qualified Relatives now include 
Same-Sex Domestic Partners'' (Number: 10-901, July 1, 2010), http://
www.opm.gov/retire/pubs/bals/2010/10-901.pdf.
---------------------------------------------------------------------------
    Also, as introduced, the bill provided benefits and imposed 
obligations in very general terms:
          (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.\132\
---------------------------------------------------------------------------
    \132\Section 2(a) of S. 1102, 111th Cong., as introduced on May 20, 
2009.
---------------------------------------------------------------------------
    Likewise, with respect to survivor benefits, the bill, as 
introduced, stated--
          (2) Death of an employee.--In the 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.\133\
---------------------------------------------------------------------------
    \133\Section 2(c)(2) of S. 1102, 111th Cong., as introduced on May 
20, 2009.
---------------------------------------------------------------------------
    Both Director Berry and then-Deputy Director Weizmann 
testified that this way of drafting the legislation was not 
sufficiently precise. As Weizmann said, referring to the 
provision on death of an employee as an example, ``[t]his 
provision lacks the specificity needed to determine eligibility 
and amount of benefits for a separated domestic partner.''\134\ 
Berry expressed a similar concern and proposed that the 
legislation be recast to make specific amendments to applicable 
statutory provisions, explaining, ``This would provide 
continuity and would resolve ambiguities . . . . It would also 
preserve the accuracy of title 5 [of the United States Code, 
where most civil service statutes are codified] for those who 
administer its provisions in the future.''\135\
---------------------------------------------------------------------------
    \134\Statement of then-OPM Deputy Director Howard C. Weizmann, note 
85 above, 2008 Hearing at page 32.
    \135\Statement of OPM Director John Berry, note 53 above, 2009 
Hearing at page 38.
---------------------------------------------------------------------------
    Responding to these concerns, Senator Lieberman and Senator 
Collins, in consultation with OPM, drafted an amendment in the 
nature of a substitute to S. 1102, and the amendment was agreed 
to when the bill was considered by the Committee on December 
16, 2009. (The Committee also agreed to an amendment offered by 
Senator Burris to require that GAO prepare a report on how the 
legislation affects recruitment and retention in the 
government.)
    Part IV, below, of this report offers an extensive section-
by-section analysis of the bill, as amended; summarized here 
are some of S. 1102's most salient parts:

Establishment and dissolution of domestic partnerships

    The bill defines a ``domestic partnership'' as a 
relationship between two individuals of the same sex, at least 
one of whom is a federal employee, former employee, or 
annuitant, that has been established and not dissolved under 
the new statutory program. To establish a domestic partnership, 
a federal employee, former employee, or annuitant and another 
individual must file an application and affidavit in which they 
certify that they are in a committed domestic-partnership 
relationship and intend to remain so indefinitely. They also 
must certify that they have a common residence and share 
responsibility for each other's welfare and financial 
obligations and that neither is married to or in a domestic 
partnership with anyone except each other. Willful 
falsification of the affidavit may lead to criminal or other 
penalties.
    Termination of a domestic partnership occurs upon the death 
of either domestic partner or when one or both partners file a 
notification stating that a required condition for the 
continued existence of the partnership ceases to exist.
    A member of the Armed Forces is not eligible to be a member 
of a domestic partnership.
    Only an individual who is employed as a federal employee on 
or after the bill's effective date, and such an individual who 
subsequently retires or otherwise leaves federal employment, 
may establish a domestic partnership.

Benefits and obligations extended to federal employees in domestic 
        partnerships and their domestic partners

    S. 1102 establishes benefits for federal employees and 
their same-sex domestic partners parallel to the benefits under 
existing law for married federal employees and their spouses. 
For example, employees could protect their partners and 
partners' children under FEHB health insurance coverage and 
with CSRS and FERS survivor annuity rights to the same extent 
as spouses and spouses' children. S. 1102 also imposes 
obligations and delimits benefits for employees in domestic 
partnerships parallel to the obligations and delimitation of 
benefits imposed on married employees under present law. So, 
for example, if employees must disclose financial information 
under the Ethics in Government Act,\136\ they would be required 
to include information about their domestic partners, as 
married employees must do, and employees who establish a 
domestic partnership would subject themselves to criminal 
conflict-of-interest prohibitions against participating as a 
federal employee in any matter in which their domestic partner 
has a financial interest.\137\ Moreover, employees in domestic 
partnerships will receive reduced annuities in order to fund 
their partners' survivor annuities to the same extent as 
married employees do,\138\ and domestic partners will gain 
certain rights to consent or to notice before employees may 
take loans or withdrawals from their Thrift Savings Plan 
accounts.\139\
---------------------------------------------------------------------------
    \136\Title I, Ethics in Government Act of 1978 (5 U.S.C. app. 
Sec. 101 et seq.).
    \137\18 U.S.C. Sec. 208.
    \138\See 5 U.S.C. 8339, 8341, 8416, 8419; see also OPM; Retirement 
Information and Services; Survivor Benefit Elections, Court-Ordered 
Benefits, and Children's Benefits, http://www.opm.gov/retire/faq/post/
faq2.asp (spouse is generally entitled to a survivor annuity, with 
commensurate reduction in the employee's annuity, unless the spouse 
consents to waive the right).
    \139\See 8 U.S.C Sec. 8435; Thrift Savings Plan, Changes in Your 
Family Status: Marriage, Spouse's Rights, https://www.tsp.gov/
lifeevents/spouse/marriage.shtml#spouseRights.
---------------------------------------------------------------------------
    The section-by-section analysis in part IV, below, of this 
report provides a detailed accounting of all of the benefits 
offered and obligations imposed by the bill, but listed here 
are the key programs that the bill would extend to federal 
employees and their same-sex domestic partners:
     Civil Service Retirement System (CSRS)
     Federal Employees' Retirement System (FERS)
     Federal Employees' Group Life Insurance Program 
(FEGLI)
     Federal Employees Health Benefits Program (FEHBP)
     Federal Employees Dental and Vision Insurance 
Program (FEDVIP)
     Federal Long Term Care Insurance Program (FLTCIP)
     Travel, transportation, and subsistence payments
     Federal Employees' Compensation Act (FECA)
     Employee leave
     Death or captivity compensation
     Ethics in Government Act of 1978
     Conflicts of interest laws
     Restrictions on employment of relatives
     Receipt and disposition of foreign gifts and 
decorations
     Regulation of conduct regarding gifts

                        III. Legislative History

    S. 1102 was introduced by Senator Lieberman and Senator 
Collins on May 20, 2009, and was referred to the Committee on 
Homeland Security and Governmental Affairs. Joining as 
additional cosponsors are Senators Akaka, Boxer, Brown (OH), 
Burris,\140\ Cantwell, Cardin, Casey, Dodd, Durbin, Feingold, 
Feinstein, Franken, Gillibrand, Kennedy,\141\ Kerry, Kirk, 
Klobuchar, Landrieu, Lautenberg, Leahy, Levin, Menendez, 
Merkley, Mikulski, Murray, Sanders, Schumer, Specter, 
Whitehouse, and Wyden. Senator Lieberman introduced similar 
legislation in the 110th and 109th Congresses, and earlier 
Senate bills were introduced in the 108th and 107th 
Congresses.\142\
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    \140\Senator Roland Burris's term ended on November 29, 2010.
    \141\Senator Edward M. Kennedy died on August 25, 2009.
    \142\S. 2521, 110th Cong. (Dec. 19, 2007); S. 3955, 109th Cong. 
(Sept. 27, 2006); S. 1252, 108th Cong. (June 12, 2003); S. 2874, 107th 
Cong. (Aug. 1, 2002). The DPBO bills in the House have been H.R. 2517, 
111th Cong. (May 20, 2009); H.R. 4838, 110th Cong. (Dec. 19, 2007); 
H.R. 3267, 109th Cong. (July 13, 2005); H.R. 2426, 108th Cong. (July 
11, 2003); H.R. 638, 107th Cong. (Feb. 14, 2001).
---------------------------------------------------------------------------
    The Committee has held two hearings on S. 1102 and on an 
identical predecessor bill. The first hearing was on September 
24, 2008, during the 110th Congress. Testimony was received 
from: The Honorable Howard C. Weizmann, Deputy Director, U.S. 
Office of Personnel Management; Yvette C. Burton, Ph.D., Global 
Business Development Executive for Gay, Lesbian, Bisexual, 
Transgender (GLBT) and Human Capital Market Segments, IBM 
Corporation; Colleen M. Kelley, National President, National 
Treasury Employees Union; Sherri Bracey, Program Manager, 
Women's and Fair Practices Departments, American Federation of 
Government Employees, AFL-CIO; and Frank Hartigan, Deputy 
Regional Director, San Francisco Office, Federal Deposit 
Insurance Corporation.
    The Committee held a second hearing on October 15, 2009, 
during the first session of this 111th Congress. Testimony was 
received from: The Honorable Tammy Baldwin, Representative from 
the 2nd Congressional District of the State of Wisconsin, U.S. 
House of Representatives; The Honorable John Berry, Director, 
U.S. Office of Personnel Management; and William H. Hendrix, 
III, Ph.D., Global Leader, Gays, Lesbians and Allies at Dow, 
the Dow Chemical Company.
    The Committee considered S. 1102 on December 16, 2009. 
Chairman Lieberman and Ranking Minority Member Collins offered 
an amendment in the nature of a substitute. (The changes made 
by the substitute amendment are described in part II.D, below, 
of this report.) Senator Burris offered an amendment to require 
the Comptroller General to submit a report on the effect of 
this legislation on the federal government's recruitment and 
retention efforts. The Committee adopted the substitute and the 
Burris amendment, both by voice vote. Present for both votes 
were Senators Lieberman, Akaka, Carper, McCaskill, Tester, 
Burris, Kirk, Collins, and Bennett.
    By a vote of 8 to 1 of Members present, the Committee then 
ordered that the bill, as amended by the Lieberman-Collins 
substitute and the Burris amendment, be reported favorably to 
the full Senate. Senators Lieberman, Akaka, Carper, McCaskill, 
Tester, Burris, Kirk, and Collins voted in favor of the bill, 
and Senator Bennett voted against it. In addition, Senators 
Levin and Landrieu cast proxy votes in favor of the bill, and 
Senators Pryor, Coburn, McCain, Voinovich, and Graham voted 
against the bill by proxy. Senator Ensign was absent and left 
no instructions. Taking into account proxies, which are for the 
record only, the total vote in favor of reporting the bill 
favorably was 10 to 6.

                    IV. Section-by-Section Analysis


Sec. 1. Short title and table of contents

    This section states that the legislation may be cited as 
the ``Domestic Partnership Benefits and Obligations Act of 
2009'' and provides a table of contents of the bill.
    This section also provides that, when the bill amends a 
provision of statute without saying which title of the United 
States Code or which other act the provision is in, the 
provision is assumed to be in title 5 of the United States 
Code.

Sec. 2. Purpose

    This section says that the purpose of the legislation is to 
offer employment benefits to and impose corresponding 
obligations upon federal employees in same-sex domestic 
partnerships and their domestic partners that are the same as 
the employment benefits and obligations under existing statutes 
for married federal employees and their spouses.

TITLE I--ESTABLISHMENT AND DISSOLUTION OF DOMESTIC PARTNERSHIPS; OTHER 
                           GENERAL PROVISIONS


Sec. 101. Federal employees in domestic partnerships

    This section adds a new chapter 25 (2501-2502) to title 5 
of the United States Code. The new chapter will govern the 
establishment and dissolution of federal employee domestic 
partnerships.
            New 5 U.S.C. Sec. 2501--Definitions--as added by section 
                    101 of the bill
    Within new 5 U.S.C. Sec. Sec. 2501-2502, which would be 
added by section 101 of the bill, Sec. 2501 establishes 
necessary definitions for Sec. Sec. 2501-2502:
    An ``annuitant'' includes any individual who, on the basis 
of that individual's service, is entitled to an annuity under 
the Civil Service Retirement System (CSRS), the Federal 
Employee Retirement System (FERS), or any other retirement 
system for employees of the federal government. CSRS and FERS 
are the retirement systems that cover the great majority of 
federal employees.
    The ``Director'' is the Director of the Office of Personnel 
Management (OPM).
    A ``domestic partner'' is either of the individuals in a 
domestic partnership as defined in this section.
    A ``domestic partnership'' is a relationship between two 
individuals of the same sex, at least one of whom is an 
employee (as defined in this section), that has been 
established under the provisions of new 5 U.S.C. Sec. 2502(a) 
and has not been terminated under the provisions of new 5 
U.S.C. Sec. 2502(b).
    The definition of an ``employee'' includes, among other 
things, employees as defined in 5 U.S.C. Sec. 2105. That 
definition generally encompasses all individuals appointed to 
civilian positions in the executive, judicial, and legislative 
branches of the United States Government. It excludes those in 
the Armed Forces, in the commissioned corps of the Public 
Health Service, or in the commissioned corps of the National 
Oceanic and Atmospheric Administration.
    The term ``employee'' is further defined to include 
individuals referred to in 5 U.S.C. Sec. Sec. 2105(c) and (d), 
which covers employees of the military exchanges and of the 
United States Postal Service and Postal Regulatory Commission. 
The definition under this paragraph also includes Members of 
Congress, the President, and any other individuals employed by 
the United States Government and included within the definition 
under regulations prescribed by the President or a designee.
            New 5 U.S.C. Sec. 2502--Establishment and dissolution of 
                    domestic partnerships--as added by section 608 of 
                    the bill
    New Sec. 2502 states the rules for establishing and 
dissolving the domestic partnerships that trigger eligibility 
for the benefits conferred and obligations imposed under the 
bill.
    New Sec. 2502(a)--Establishment of Domestic Partnership. 
This section provides that, to establish a domestic 
partnership, an employee, former employee, or annuitant and 
another individual (who may also be an employee, former 
employee, or annuitant) will sign an application and affidavit; 
and then the employee, former employee, or annuitant will file 
them in the manner prescribed by OPM.\143\
---------------------------------------------------------------------------
    \143\This provision allows annuitants and other former federal 
employees to enter into domestic partnerships because they are, under 
various circumstances, entitled to benefits, and other sections of this 
bill will enable them to obtain those benefits for their domestic 
partners and partners' children, as married annuitants and other former 
employees can obtain those benefits for their spouses and stepchildren. 
For example, retirees with health benefits may wish to establish 
domestic partnerships in order to add their domestic partners and 
partners' dependent children to their policies. Former employees who 
have Thrift Savings Plan retirement accounts may also want to enter 
into domestic partnerships so that their surviving domestic partners 
can maintain the accounts after the employees die. Note that this 
section of the bill only defines those who are eligible to establish 
domestic partnerships; it does not address which, if any, benefits the 
individuals forming a partnership may seek. Also, under section 105(b) 
of the bill, discussed below, only an annuitant or other former 
employee who has served as an employee on or after the effective date 
of the legislation will be eligible to form a domestic partnership.
---------------------------------------------------------------------------
    New Sec. 2502(a) requires each of the individuals 
establishing the domestic partnership to attest in the 
affidavit to the following:
    1. Both individuals are of the same sex.
    2. The individual filing the documents is an employee, 
former employee or annuitant.
    3. They are in a committed domestic-partnership 
relationship with each other and intend to remain so 
indefinitely and that--
           they maintain a common residence (unless 
        prevented from doing so by an assignment abroad or 
        other such reason);
           they share responsibility for each other's 
        welfare and financial obligations; and
           neither is married to, or in a domestic 
        partnership with, anyone else.
    4. Each is at least 18 years old and mentally competent to 
consent to a contract.
    5. They are not related to each other by blood in a way 
that would prohibit legal marriage between individuals 
otherwise eligible to marry.
    6. Each domestic partner understands--
           the domestic partners take on obligations as 
        well as benefits, and violation of those obligations 
        may lead to disciplinary action and criminal penalties;
           one or both must file a notification 
        dissolving the domestic partnership within 30 days 
        after a condition attested to in the affidavit ceases 
        to be satisfied or after one domestic partner dies; and
           willful falsification of the affidavit, or 
        willful failure to file notification dissolving the 
        domestic partnership when necessary, may lead to 
        recovery of amounts wrongfully obtained, disciplinary 
        action, and criminal penalties.
    New Sec. 2502(b)--Termination of Domestic Partnership. 
Under this subsection, a domestic partnership terminates when 
one domestic partner dies or when either or both domestic 
partners file a notification stating that a required condition 
for the continued existence of the domestic partnership ceases 
to exist. The Director may also, by regulation, establish 
additional conditions upon which a domestic partnership is 
terminated.
    If the domestic partners cease having a common residence or 
cease sharing responsibility for each other's welfare and 
financial obligation, or if either partner enters into a 
domestic partnership or a marriage with anyone else, one or 
both of the domestic partners must file a notification 
terminating the domestic partnership within 30 days. If a 
domestic partner dies, the other domestic partner must file 
such a notification within 30 days. The subsection also 
requires the Director to establish, by regulation, criteria by 
which partners can determine whether they have ceased having a 
common residence or have ceased sharing responsibility for each 
other's welfare and financial obligation for the purposes of 
this requirement.
    New Sec. 2502(c)--Effectiveness of Application. This 
subsection clarifies that an application to form a domestic 
partnership is not effective unless the filer is an employee, 
former employee, or annuitant at the time of filing. Also, no 
individual is treated as being a domestic partner unless an 
application filed in accordance with regulations of the 
Director is in effect, and an application remains in effect 
until either individual dies or the domestic partnership is 
otherwise terminated under those regulations.
    New Sec. 2502(d)--Additional Notifications to Employing 
Agencies. Under this subsection, regulations by the Director 
may require a domestic partner who is employed by an entity of 
the United States to provide additional notifications to the 
employing entity. For example, if two federal employees wish to 
establish a domestic partnership, one employee will file the 
required application and affidavit with that employee's agency 
and the other employee might be required to file additional 
notifications with that other employee's agency.
    New Sec. 2502(e)--Members of the Armed Forces Not Eligible. 
Under this subsection, a member of the Armed Forces or of the 
Reserve Officers' Training Corps is not eligible to be a member 
of a domestic partnership established under this legislation.
    New Sec. 2502(f)--Applicability. This subsection clarifies 
that the process for establishing and terminating domestic 
partnerships under 5 U.S.C. Sec. 2502 does not apply for 
purposes of 5 U.S.C. chapter 81 (the Federal Employees 
Compensation Act, or FECA). As described below, domestic 
partnerships will be established and terminated for purposes of 
FECA under separate authorities added by title VI of the bill.
    New Sec. 2502(g)--Regulations. Under this subsection, the 
Director will issue regulations to carry out new 5 U.S.C. 
Sec. 2502.

Sec. 102. Guidance documentation

    Under this section, the Director of OPM will compile and 
publish guidance on the benefits and obligations established by 
the legislation to help inform federal employees and their 
domestic partners about their new rights and duties.
    Subsection (a)--In General. Under this subsection, the 
agencies that have the authority to issue guidance with respect 
to benefits and obligations established under the bill will, 
under the coordination of the Director, issue such guidance.
    Subsection (b)--Office of Personnel Management. This 
subsection requires the Director to compile the guidance 
prepared by all agencies, prepare guidance with respect to 
benefits and obligations available to domestic partners of 
certain Secret Service and Park Police officers who are covered 
under the DC Police Officers' and Firefighters' Retirement 
Plan, and ensure that all of the guidance is readily available, 
both in print and on-line.
    Subsection (c)--Timeliness. Under this subsection, the 
guidance must be prepared and made readily available not later 
than 30 days before the effective date of the bulk of the 
legislation's provisions, to the extent practicable, and 
updated as necessary. (As noted below, section 105(a) of the 
bill states that the legislation will generally go into effect 
180 days after enactment.)

Sec. 103. Review of programs under which employment benefits and 
        obligations are established

    This section will require the President (or designees), at 
least once every two years, to review employment benefits and 
obligations for federal employees across the executive branch, 
report to Congress on the extent to which these benefits and 
obligations are, or can be, extended to employees in domestic 
partnerships and their domestic partners, and recommend any 
necessary legislation. Although the amendments in this bill 
will authorize domestic partner benefits under the major 
statutory benefits programs for federal employees, additional 
kinds of family benefits are provided for classes of federal 
employees that the bill does not modify. For example, some 
individual agencies have used their discretionary authority to 
establish family benefit programs for certain employees of the 
agency.
    The principal goal of this section is therefore to 
establish a mechanism by which domestic partner benefits will 
be granted under programs that are not covered under the 
specific amendments made by the bill. The President must 
compile an inventory of such programs, and then, if existing 
legal authority is sufficient, the President must make any 
modifications necessary to cover employees in domestic 
partnerships and their partners. The inventory under this 
section must also include the family benefit programs that are 
covered under the amendments made by this bill, so that the 
President can identify and fill any gaps in the domestic 
partner benefits made available under those programs. If 
existing statutes do not provide sufficient authority to fill 
any gaps in domestic partner benefits under programs on the 
inventory, this section of the bill further calls upon the 
President to develop any legislative recommendations to correct 
the insufficiencies. Finally, the President must submit reports 
to Congress summarizing the actions taken and the legislative 
recommendations developed under this section.
    Subsection (a)--Definitions. The definitions under this 
subsection establish the scope of the review of federal 
programs mandated by section 103. The term ``employee'' is 
defined broadly, so that it includes not only an employee who 
can form a domestic partnership under 5 U.S.C. Sec. 2502 (which 
would be added by section 101 of the bill, as discussed above), 
but also members of the commissioned corps of the Public Health 
Service (PHS) or of the National Oceanographic and Atmospheric 
Administration (NOAA) and any other individual performing 
personal services to the United States, including employees of 
any federal entity and volunteers. (Federal volunteers are 
included because they may be eligible for certain benefits, 
such as workers' compensation under FECA. However, employees of 
contractors and members of the Armed Forces or the Reserve 
Officer Training Corps are not included in the definition.)
    The terms ``domestic partner'' and ``domestic partnership'' 
are defined for purposes of section 103 to include same-sex 
individuals in a domestic partnership relationship if at least 
one of the individuals meets the broad definition of 
``employee'' under in this section, regardless of whether 
either individual is an ``employee'' within the narrower 
definition in 5 U.S.C. Sec. 2501. In other words, the term 
encompasses individuals who might not be entitled to form a 
domestic partnership under the bill's initial provisions.
    Subsection (b)--Reviews, Additional Measures, 
Recommendations, Reports to Congress. This subsection will 
require the President (or designees of the President) to review 
the employment benefits and obligations applicable to married 
employees and their spouses, to determine what authority exists 
to apply such benefits and obligations to employees of 
executive agencies who are in domestic partnerships and to 
their domestic partners. The President (or designees) will then 
take any additional measures, consistent with law, to cover 
those employees and domestic partners. The President (or 
designee) will then develop recommendations for any legislation 
to further extend employment benefits and obligations to 
employees and their domestic partners and will submit a report 
to Congress summarizing the review, determinations, and 
recommendations.

Sec. 104. Study on recruitment and retention

    Section 104 of the bill requires the Comptroller General to 
submit to this Committee and to the House Committee on 
Oversight and Government Reform a report regarding the effect 
that providing benefits for domestic partners under this Act 
has on federal recruitment and retention efforts.

Sec. 105. Effective date

    Subsection (a)--In General. Under this subsection, the 
legislation and amendments will generally take effect 180 days 
after the date of enactment. This general effective date will 
apply except as otherwise provided with respect to particular 
parts of the bill.
    Exceptions to the general effective date under subsection 
(a) are included in sections 102 and 103 of the bill, making 
those sections go into effect on the day the bill is enacted. 
The early effective date is needed because those sections 
require that tasks be undertaken before the general effective 
date. (As discussed above, section 102 will require the OPM 
Director to compile and publish guidance on the benefits and 
obligations established by the legislation, and section 103 
will require the President, or designees, to review benefits 
and obligations for federal employees across the executive 
branch and to report to Congress.)
    Also, several sections of the bill that modify particular 
benefit programs include exceptions that establish effective 
dates appropriate for the particular program. For example, 
sections 401 through 405 of the bill, which modify insurance 
benefit programs like group health insurance, group life 
insurance, and long-term care insurance, will apply with 
respect to the calendar year that begins after the end of the 
6-month period starting on the date of enactment of the 
legislation. This starting date will give enough time after the 
bill is enacted for OPM to require the various insurance 
carriers to modify the insurance plans that they offer to 
federal employees.
    Subsection (b)--Application to Current and Future 
Employees. This subsection states that any employee who is 
employed by the federal government on or after the general 
effective date of the legislation (which is established under 
subsection (a)) will be eligible to form a domestic 
partnership. Also, an employee who is employed by the 
government on or after the general effective date of the bill 
and subsequently leaves federal service will remain eligible to 
form a domestic partnership.
    However, an annuitant or other former employee who has left 
federal service before the general effective date of the bill 
will not be eligible to form a domestic partnership. (Of 
course, nothing would prevent an individual who works for the 
federal government on or after the effective date from 
establishing a domestic partner with another individual who 
left federal service before that date.)

               TITLE II--CIVIL SERVICE RETIREMENT SYSTEM

    Title II of the bill establishes domestic partnership 
benefits under the Civil Service Retirement System (CSRS), 
which is the defined-benefit retirement program that covers 
most federal employees who began service before 1987. The CSRS 
not only provides retirement security for covered employees, 
but also enables them to provide retirement security for their 
spouses and children, including stepchildren. The CSRS is 
authorized by 5 U.S.C. chapter 83, subchapter III 
(Sec. Sec. 8331-8351). Title II of the bill amends those 
provisions to enable federal employees covered by CSRS who are 
in domestic partnerships to likewise provide retirement 
security for their domestic partners and children, including 
children of their domestic partners.

Sec. 201. Definitions

    Section 201 of the bill amends 5 U.S.C. Sec. 8331 (the 
definitions section for provisions authorizing the CSRS) by 
adding a definition of ``former domestic partner.'' The term is 
defined to parallel the definition of ``former spouse'' now in 
Sec. 8331 (i.e., at least 18 months of covered service by the 
employee, and at least 9 months of marriage or domestic 
partnership). These definitions are significant because 
amendments made by other provisions of the bill make a former 
domestic partner eligible for a CSRS survivor annuity under the 
same conditions as those that apply to former spouses. Section 
201 of the bill also adds definitions of ``domestic partner'' 
and ``domestic partnership'' by cross referencing the 
definitions in 5 U.S.C. Sec. 2501, which is added by section 
101 of the bill. (Section 201 also adds a definition of 
``Federal employee'' to make clear that only federal employees 
covered by CSRS, and not the small portion of CSRS participants 
who are not federal employees, are entitled to the benefits 
conferred by this bill.)

Sec. 202. Creditable service

    Under current law (5 U.S.C. Sec. 8332), CSRS benefits for 
an employee's spouse or former spouse depend upon the amount of 
the employee's service that is creditable for purposes of the 
CSRS. Section 202 of the bill amends Sec. 8332 by requiring 
OPM's rules to similarly determine the amount of CSRS benefits 
paid under those circumstances to an employee's domestic 
partner or former domestic partner.

Sec. 203. Computation of annuity

    5 U.S.C. Sec. 8339 establishes rules for computing the 
amount of an annuity, including the amount of and entitlement 
to a survivor annuity under certain circumstances. Among other 
things, Sec. 8339 reduces the annuity of employees to fund a 
survivor annuity for current, former, or subsequent spouses and 
establishes various elections that can be exercised by 
employees and their current, former, and subsequent spouses 
under various circumstances.
    Section 203 of the bill amends Sec. 8339 to provide that 
employees who are or were in domestic partnerships and their 
domestic partners, former domestic partners, and subsequent 
domestic partners have the same rights that married and 
formerly married employees and their spouses, former spouses, 
and subsequent spouses have under Sec. 8339 for purposes 
determining the entitlement to, and amount of, an annuity or a 
survivor annuity.

Sec. 204. Cost-of-living adjustment to annuities

    5 U.S.C. Sec. 8340 authorizes cost-of-living adjustments 
for annuities under CSRS. Section 204 of the bill amends 
Sec. 8340 to provide that entitlement to CSRS survivor 
annuities and cost-of-living increases will be determined for 
surviving partners under the same rules as for widows and 
widowers and will be determined for former domestic partners 
under the same rules as for former spouses. (The definition of 
``former domestic partner'' is added by section 201 of the bill 
to 5 U.S.C. Sec. 8331, as discussed above, and the definition 
of ``surviving partner'' is added by section 205 of this bill 
to 5 U.S.C. Sec. 8341, as discussed below.)

Sec. 205. Survivor annuities

    After the death of a federal employee or retiree, 5 U.S.C. 
Sec. 8341 generally establishes the circumstances under which 
the employee's or retiree's surviving family member or another 
individual may become entitled under CSRS to an annuity, called 
a survivor annuity. Sec. 8341 provides definitions of a 
``widow'', ``widower'', and ``child'' who may be entitled to a 
survivor annuity under CSRS. (A ``widow'' or ``widower'' means 
a surviving spouse who was married to the employee at least 
nine months immediately preceding the death or parented a child 
by the marriage. A ``child'' generally means an unmarried 
dependent child, including a stepchild living with the employee 
in a parent-child relationship.)
    Section 205 of the bill adds a definition of ``surviving 
partner'' that parallels the definitions of ``widow'' and 
``widower'', and amends the definition of ``child'' to include 
the child of an employee's domestic partner under the same 
conditions as those under which a stepchild is included.
    Section 205 of the bill further amends Sec. 8341 so that 
surviving partners are entitled to an annuity under the same 
conditions and in the same amounts as widows and widowers. 
Also, Sec. 8341 establishes rules for determining whether 
surviving spouses--that is, those who do not meet the 
conditions in the definition to qualify as ``widows'' or 
``widowers''--are entitled to a survivor annuity. Under the 
amendment to Sec. 8341, surviving domestic partners--that is, 
those who do not meet the conditions to qualify under the 
definition of ``surviving partners''--are entitled to an 
annuity under the same conditions and in the same amounts as 
surviving spouses.
    As noted above, section 205 amends the definition of 
``child'' in Sec. 8341 to include the children of domestic 
partners, and therefore the children of domestic partners may 
qualify for an annuity under Sec. 8341. Also, Sec. 8341 
terminates the right to benefits if children marry and 
generally terminates the right to benefits if widows or 
widowers or surviving spouses remarry before age 55. Section 
205 of the bill amends Sec. 8341 to also terminate the right to 
benefits if children enter into a domestic partnership and if 
widows or widowers or surviving spouses enter into a domestic 
partnership before age 55 or if surviving partners or surviving 
domestic partners enter into a subsequent domestic partnership 
or marry before age 55. (The term ``domestic partnership'' is 
defined under 5 U.S.C. Sec. 2501-2502, as added by section 101 
of the bill, to mean a domestic partnership established under 
those provisions, and that definition applies to the CSRS under 
the bill's amendment to 5 U.S.C. Sec. 8331, as noted above. 
Therefore, entering into a domestic partnership can terminate 
any benefit rights under 5 U.S.C. Sec. 8341, as amended, only 
if the domestic partnership is established under 
Sec. Sec. 2501-2502.)

Sec. 206. Lump-sum benefits; designation of beneficiary; order of 
        precedence

    5 U.S.C. Sec. 8342 authorizes the payment of a lump-sum 
amount, in lieu of an annuity, under certain circumstances and 
includes a list of beneficiaries, in order of precedence, who 
are entitled to the lump sum benefits if an employee dies. 
Generally, if the deceased employee did not designate 
beneficiaries, the widow or widower is first in line, and if 
there is no widow or widower, the child or children are next in 
line.
    Section 206 of the bill amends this list by adding 
surviving partners with the same order of precedence as widows 
and widowers. 5 U.S.C. Sec. 8342 excludes the employee's 
stepchildren from the definition of ``child'' for purposes of 
this order of precedence, and section 206 of the bill would 
likewise amend the provision to exclude children of the 
employee's domestic partner (if they are not otherwise the 
children of the employee). Section 206 further amends Sec. 8342 
by requiring that domestic partners and former domestic 
partners be notified of their rights, as spouses or former 
spouses are notified, when an employee applies for a lump sum 
payment.

Sec. 207. Alternative forms of annuities

    5 U.S.C. Sec. 8343a allows employees with critical medical 
conditions to elect an alternative form of annuity, and the 
section includes options and restrictions to protect the 
interests of employees' spouses and former spouses. Section 207 
of the bill amends Sec. 8343a to provide analogous options and 
restrictions to protect the interests of employees' domestic 
partners and former domestic partners.

Sec. 208. Administration; regulations

    5 U.S.C. Sec. 8347(n) requires the Director of the Central 
Intelligence Agency (CIA) to take certain actions to administer 
CSRS for CIA employees, including the collection of deposits 
made by CIA employees' spouses and former spouses. Section 208 
of the bill amends Sec. 8347(n) to require the Director to 
likewise collect deposits made by CIA employees' domestic 
partners and former domestic partners.

Sec. 209. Participation in the Thrift Savings Plan

    5 U.S.C. Sec. 8351 authorizes employees who are covered by 
the CSRS to contribute to the Thrift Savings Plan and includes 
provisions to accommodate the respective rights of married and 
formerly married employees and their spouses and former 
spouses. Section 209 of the bill amends Sec. 8351 to 
accommodate, in the same way, the respective rights of 
employees who are or were in domestic partnerships and their 
domestic partners and former domestic partners.

            TITLE III--FEDERAL EMPLOYEES' RETIREMENT SYSTEM

    Title III of the bill establishes domestic partnership 
benefits under the Federal Employees' Retirement System (FERS), 
which is the retirement program that covers most federal 
employees who began service during 1987 or later. FERS 
establishes both a defined benefit plan for covered employees 
and the Thrift Savings Plan (TSP), which is a defined-
contribution program, in which employees covered by CSRS and 
some other retirement systems, as well as those covered by 
FERS, may participate.
    FERS not only contributes to the retirement security of 
covered employees, but also enables these employees to 
contribute to the retirement security of their spouses and 
children, including stepchildren. Title III of the bill amends 
FERS's authorizing provisions (5 U.S.C. Sec. Sec. 8401-8479) to 
enable federal employees who are in domestic partnerships to 
likewise contribute to the retirement security of their 
domestic partners and children, including children of their 
domestic partners.

                     Subtitle A--General Provisions


Sec. 301. Definitions

    Section 301 of the bill adds a definition of ``former 
domestic partner'' to FERS's current definition section, 5 
U.S.C. Sec. 8401. It parallels the definition of ``former 
spouse'' in Sec. 8401 (i.e., at least 18 months of covered 
service by the employee, and at least 9 months of marriage or 
domestic partnership). These definitions are significant 
because amendments made by other sections of the bill make 
former domestic partners eligible for a FERS survivor annuity 
under the same conditions as apply to former spouses.
    Section 301 of the bill also adds definitions of ``domestic 
partner'' and ``domestic partnership'' by cross referencing the 
definitions in 5 U.S.C. Sec. 2501 (which is added by section 
101(a) of the bill). (The section also adds a definition of 
``Federal employee'' to make clear that only federal employees 
covered by FERS--and not the small portion of FERS participants 
who are not federal employees--are entitled to the benefits 
conferred by this bill.)

                       Subtitle B--Basic Annuity


Sec. 311. Creditable service

    5 U.S.C. Sec. 8411 requires OPM to prescribe rules for 
determining the amount of FERS benefits paid to employees' 
spouses and former spouses based on the amount of employees' 
service that is creditable for purposes of the FERS and on 
other factors. Section 311 of the bill amends Sec. 8411 by 
requiring that OPM apply these same rules to determining the 
amount paid to employees' domestic partners and former domestic 
partners.

Sec. 312. Survivor reduction for a current spouse or a current domestic 
        partner

    Under 5 U.S.C. Sec. 8416, married employees generally see 
their annuities reduced at retirement, in order to fund 
survivor annuities for their spouses, unless they and their 
spouses jointly elect otherwise. Section 312 of the bill amends 
Sec. 8416 to apply these provisions to employees in domestic 
partnerships.

Sec. 313. Survivor reduction for a former spouse or former domestic 
        partner

    5 U.S.C. Sec. 8417 reduces employees' annuities in order to 
fund survivor annuities for their former spouses, and the 
section establishes elections that can be exercised by 
employees and their former and subsequent spouses. Section 313 
of the bill amends Sec. 8417 to apply these provisions to 
employees with former domestic partners and to former and 
subsequent domestic partners.

Sec. 314. Survivor elections; deposit; offsets

    For certain retired employees who become entitled after 
retirement to elect to fund survivor annuities for former or 
subsequent spouses, 5 U.S.C. Sec. 8418 establishes rules under 
which the employees (or their survivors) deposit required 
amounts into the Civil Service Retirement and Disability Fund. 
Section 314 of the bill amends Sec. 8418 to apply the same 
rules to employees with former or subsequent domestic partners 
and to those domestic partners.

Sec. 315. Survivor reductions, computation

    5 U.S.C. Sec. 8419 governs the amount by which employees 
see their annuities reduced in order to fund survivor annuities 
for their spouses or former spouses. Section 315 of the bill 
amends Sec. 8419 to apply these rules to annuitants with 
domestic partners and former domestic partners.

Sec. 316. Insurable interest reductions

    5 U.S.C. Sec. 8420 allows employees to take reduced 
annuities in order to provide annuities for individuals who 
have an insurable interest in the employees, but this option is 
generally only available to married employees if their spouses' 
annuity rights are waived. Section 316 amends Sec. 8420 to 
apply this provision to employees in domestic partnerships and 
their domestic partners.

Sec. 317. Alternative forms of annuities

    5 U.S.C. Sec. 8420a authorizes an alternative form of 
annuity for employees who have critical medical conditions at 
the time of retiring. It includes an option to provide an 
annuity for surviving spouses, as well as provisions to 
preserve annuity rights of current spouses and former spouses. 
Section 317 of the bill amends Sec. 8420a to provide the same 
option and protections for employees and their domestic 
partners or former domestic partners.

Sec. 318. Lump-sum benefits; designation of beneficiary; order of 
        precedence

    Under 5 U.S.C. Sec. 8424, an employee under certain 
circumstances may apply to receive a lump sum credit in lieu of 
an annuity, but subject to certain rights of a spouse or former 
spouse to receive notice and to withhold consent. Section 318 
of the bill amends Sec. 8424 to provide the same notification 
and consent rights to a domestic partner or former domestic 
partner.
    5 U.S.C. Sec. 8424 also requires payment of a lump sum 
under certain conditions when an employee or annuitant dies, 
and sets an order of precedence for determining which survivors 
are entitled to the payment. If the employee did not designate 
beneficiaries, the widow or widower is first in line under the 
order of precedence, and if there is no widow or widower, the 
child or children are next in line. Section 318 of the bill 
would amend Sec. 8424 so that a surviving partner has the same 
position in the order of precedence as a widow or widower. 5 
U.S.C. Sec. 8424 excludes the employee's stepchildren from the 
definition of ``child'' for purposes of the order of 
precedence, and section 318 of the bill would amend Sec. 8424 
to likewise exclude children of the employee's domestic partner 
(if they are not also the children of the employee).

                    Subtitle C--Thrift Savings Plan


Sec. 321. Benefits and election of benefits

    If an employee dies having designated his or her surviving 
spouse as beneficiary or having designated no beneficiary, 5 
U.S.C. Sec. 8433 allows the surviving spouse to maintain the 
employee's Thrift Savings Plan (TSP) account for the spouse's 
lifetime. Section 321 of the bill amends Sec. 8433 to give that 
same right to a surviving domestic partner.

Sec. 322. Annuities: methods of payment; election; purchase

    5 U.S.C. Sec. 8433 authorizes employees who separate from 
federal government employment to, under certain conditions, 
convert their TSP balance into an annuity, and Sec. 8434 
directs the Federal Retirement Thrift Investment Board (which 
governs the TSP) to specify methods of payment from which 
employees may choose, including options that include an annuity 
for the spouse or former spouse of the employee. Section 322 of 
the bill amends Sec. 8434 to give employees with domestic 
partners or former domestic partners the same options.

Sec. 323. Protections for spouses, domestic partners, former spouses, 
        and former domestic partners

    5 U.S.C. Sec. 8435 protects the interests of spouses, 
former spouses, and surviving spouses by providing the right to 
consent before an employee can withdraw TSP funds or convert 
them into an annuity. Section 323 of the bill amends Sec. 8435 
to likewise protect the interests of domestic partners, former 
domestic partners, and surviving domestic partners.

Sec. 324. Justices and judges

    5 U.S.C. Sec. 8440a authorizes justices and judges to 
contribute to the TSP and specifies that their spouses' rights 
will be governed by 5 U.S.C. Sec. 8351(b)(5), which specifies 
the respective rights of married and formerly married employees 
and their spouses and former spouses with respect to the 
employees' TSP accounts. Section 324 of the bill would amend 
Sec. 8440a so that the rights of justices and judges and their 
domestic partners will likewise be governed by Sec. 8351(b)(5).

                     Subtitle D--Survivor Annuities


Sec. 331. Definitions

    For establishing who may be entitled to a survivor annuity 
under FERS, 5 U.S.C. Sec. 8441 defines terms including 
``widow'', ``widower'', and ``child''. Section 331 of the bill 
amends Sec. 8441 to add a definition of ``surviving partner'' 
that includes the same conditions as are in the definitions of 
``widow'' and ``widower'', and amends the definition of 
``child'' to include the child of an employee's domestic 
partner under the same conditions as those under which a 
stepchild is included. Also, building on Sec. 8441's exclusion 
of married children from the definition of ``child'', section 
331 adds an exclusion of children who are in domestic 
partnerships.

Sec. 332. Rights of a widow, widower, or surviving partner

    Section 332 amends 5 U.S.C. Sec. 8442, which sets forth the 
annuity rights of widows and widowers, to give surviving 
domestic partners those same rights. Also, a widow's or 
widower's right to benefits generally terminates under 
Sec. 8442 if the widow or widower remarries before age 55, and 
section 332 of the bill amends the provision to likewise 
generally terminate the rights to benefits if a widow or 
widower enters into a domestic partnership before age 55, or if 
a surviving partner enters into a subsequent domestic 
partnership or marries before age 55.

Sec. 333. Rights of a child

    Under 5 U.S.C. Sec. 8443, children may be entitled to an 
annuity under certain circumstances, but the right terminates 
if the children marry. Section 333 of the bill amends Sec. 8443 
to likewise terminate children's right to an annuity if they 
enter into a domestic partnership. Also, as noted above, 
section 331 of the bill amends the definition of ``child'' 
under 5 U.S.C. Sec. 8441 so that domestic partners' children 
are included in the definition under the same conditions as 
stepchildren; accordingly, the children of domestic partners 
may qualify for an annuity under the same conditions as 
stepchildren under Sec. 8443.

Sec. 334. Rights of a former spouse or former domestic partner

    5 U.S.C. Sec. 8445 provides that former spouses may have a 
right to an annuity under certain circumstances, and section 
317 of the bill amends Sec. 8445 to provide that former 
domestic partners may likewise have a right to an annuity under 
the same circumstances. Also, under Sec. 8445 the right to an 
annuity may terminate under certain conditions if former 
spouses remarry, and section 334 amends Sec. 8445 to likewise 
terminate former spouses' right to an annuity if they 
subsequently enter into a domestic partnership or if former 
domestic partners subsequently enter into other domestic 
partnerships or marry.

           Subtitle E--General and Administrative Provisions


Sec. 341. Authority of the Office of Personnel Management

    5 U.S.C. Sec. 8461 authorizes the Director of Central 
Intelligence to collect deposits to the Thrift Savings Fund 
from employees of the Central Intelligence Agency (CIA) and 
their spouses, former spouses, and survivors. Section 341 of 
the bill authorizes the Director to likewise collect deposits 
to the Fund from CIA employees' domestic partners and former 
domestic partners.

Sec. 342. Cost-of-living adjustments

    Section 342 amends 5 U.S.C. Sec. 8462 to provide that cost-
of-living adjustments to surviving partners' annuities are 
calculated the same way as cost-of-living adjustments to 
widows' and widowers' annuities are calculated.

   Subtitle F--Federal Retirement Thrift Investment Management System


Sec. 351. Fiduciary responsibilities; liability and penalties

    5 U.S.C. Sec. 8477 states the fiduciary duties of members 
of the Federal Investment Retirement Thrift Investment Board, 
the Executive Director of the Board, and certain other managers 
of the Thrift Savings Fund. Among other things, fiduciaries 
must prohibit certain transactions between the Fund and a 
``party of interest,'' which term is defined in Sec. 8477 to 
include a fiduciary's spouse or other listed relatives or the 
relatives' spouses. Section 351 amends Sec. 8477 to likewise 
prohibit transactions with a fiduciary's domestic partner by 
adding a fiduciary's domestic partner and listed relatives' 
domestic partners to the definition of ``party in interest.''

                      TITLE IV--INSURANCE BENEFITS


Sec. 401. Life insurance

    Section 401 of the bill amends the provisions that 
authorize the Federal Employees' Group Life Insurance (FEGLI) 
Program, which provides life insurance options to federal 
employees, including ``Basic Insurance'' on the life of an 
employee, additional ``Optional Insurance'' on the life of an 
employee, and ``Optional Life Insurance on Family Members'' of 
an employee. All employees are automatically enrolled in the 
Basic Insurance unless they elect not to be, whereas employees 
must elect if they wish to be covered under the Optional 
insurance programs.
    FEGLI is authorized under 5 U.S.C. chapter 87 
(Sec. Sec. 8701-8716). If an employee does not designate a 
beneficiary under FEGLI, Sec. 8705(a) establishes an order of 
precedence of who will collect the proceeds upon the employee's 
death. Under that order of precedence, the widow or widower is 
first in line. Section 401(a)(2) of the bill amends 
Sec. 8705(a) to afford a surviving domestic partner the same 
status as a widow or widower.
    Under 5 U.S.C. Sec. 8714c, employees may elect to purchase 
life insurance on the lives of the employee's family members, 
and Sec. 8701(d) defines ``family members'' to include an 
employee's spouse and dependent children, including 
stepchildren, but excluding married children. Sections 
401(a)(1) and (3) of the bill amend 5 U.S.C. Sec. 8701(d) and 
Sec. 8714c so that insurance on family members under FEGLI also 
covers the lives of federal employees' domestic partners and 
partners' children and does not cover the lives of children who 
enter into domestic partnerships.

Sec. 402. Health insurance

    The Federal Employee Health Benefits (FEHB) Program 
provides health benefits to federal employees and gives them 
the option of obtaining health coverage not only for 
themselves, but also for their spouses and children, including 
stepchildren. The FEHB program is authorized under 5 U.S.C. 
chapter 89 (Sec. Sec. 8901-8914), and section 402 of the bill 
would amend those provisions to enable federal employees to 
provide similar family coverage to their domestic partners and 
children of domestic partners. Also, surviving spouses and 
former spouses of federal employees may gain their own 
eligibility to enroll in a health benefits plan under FEHB 
under certain conditions, and the amendments under section 402 
of the bill would extend similar eligibility to surviving 
domestic partners and former domestic partners.
    Subsection (a)--Definitions. 5 U.S.C. Sec. 8901 contains 
definitions for the provisions authorizing FEHB, including a 
definition of ``member of family'' that means the spouse and a 
child, including a stepchild if applicable conditions are 
satisfied. Section 401(a) of the bill would amend the 
definition to include the domestic partner and a child of the 
domestic partner. This definition is significant because, under 
other provisions of the statute, it determines what individuals 
are covered under family FEHB plans and what individuals, if 
they become survivor annuitants, may be eligible to enroll in 
an FEHB plan.
    Section 402(a) of the bill also adds a new definition of 
``former domestic partner'', which includes the same conditions 
that are now in the definition of ``former spouse'' in 5 U.S.C. 
Sec. 8901. The definition of ``former spouse'' in Sec. 8901 
excludes any individual who remarries before age 55, and, 
accordingly, section 402(a) of the bill amends that definition 
to also exclude any individual who enters a domestic 
partnership before age 55. Likewise, the new definition of 
``former domestic partner'', which is added by section 402(a) 
of the bill, excludes any individual who, before age 55, enters 
into another domestic partnership or marries. These definitions 
are significant because a former spouse may be eligible to 
enroll in an FEHB plan, and, under amendments made by other 
subsections of the bill, a former domestic partner may be 
eligible to enroll in an FEHB plan under the same conditions as 
a former spouse.
    Also, 5 U.S.C. Sec. 8901 excludes any married children from 
the definition of ``member of family'', and the amendments 
likewise exclude children in domestic partnerships from the 
definition. Section 402(a) of the bill also adds definitions of 
``domestic partner'' and ``domestic partnership'' by cross 
reference to 5 U.S.C. Sec. 2501, which would be added by 
section 101 of the bill. (Section 402(a) also adds definitions 
of ``Federal employee'' and ``Federal annuitant'' to make clear 
that only federal employees and former federal employees, and 
not the small portion of FEHB participants who are neither, are 
entitled to the benefits conferred by this bill.)
    Subsection (b)--Contracting Authority. 5 U.S.C. Sec. 8902 
authorizes OPM to contract with qualified insurance carriers 
and sets eligibility criteria for carriers and minimum 
requirements for contracts. Section 402(b) of the bill amends 
Sec. 8902 by requiring contracts for group insurance to meet 
the same coverage requirements for former domestic partners as 
the statute now provides for former spouses.
    Subsection (c)--Debarment and Other Sanctions. In 
describing the criteria for debarring or otherwise sanctioning 
providers, 5 U.S.C. Sec. 8902a defines and uses the terms 
``individual covered under this chapter'' and ``covered 
individual''. Those definitions include a former spouse, and 
section 402(c) of the bill would amend the definitions to 
likewise include a former domestic partner.
    Subsection (d)--Health Benefits Plan. Under 5 U.S.C. 
Sec. 8903, OPM may contract for a number of different kinds of 
plans, including a single government-wide preferred-provider 
plan offering a complete range of health benefits, called the 
Service Benefit Plan. Sec. 8903 lists the classes of 
individuals, including former spouses, who must be covered 
under this plan, and section 402(d) of the bill amends 
Sec. 8903 by adding former domestic partners to the list.
    Subsection (e)--Election of Coverage. After the termination 
of an employee's marriage, 5 U.S.C. Sec. 8905(c) entitles the 
employee's former spouse to enroll in an FEHB plan and to elect 
coverage that may include a child of the employee and the 
former spouse under certain conditions. Section 402(e)(1) of 
the bill adds a paragraph to Sec. 8905(c) directing OPM to 
prescribe regulations to ensure parity of treatment between 
former spouses and former domestic partners and between 
children of a dissolved marriage and children of a terminated 
domestic partnership.
    Also, 5 U.S.C. Sec. 8905(e) specifies that two married 
federal employees who are each eligible to enroll under FEHB 
may not both enroll in family coverage. Section 402(e)(2) of 
the bill amends that provision so that two such employees who 
are domestic partners may not both enroll in family coverage. 
Provisions in Sec. Sec. 8905(f)-(g) that entitle enrollees, 
including former spouses, to change their enrollment are 
amended to apply likewise to former domestic partners.
    Subsection (f)--Continued Coverage. 5 U.S.C. Sec. 8905a 
establishes individuals' rights to continue FEHB coverage if 
such coverage would otherwise terminate for various reasons, 
including divorce, annulment, or legal separation. Section 
402(f) of the bill amends Sec. 8905a to direct OPM to prescribe 
regulations ensuring parity of treatment between former spouses 
and former domestic partners and between children of a 
dissolved marriage and children of a terminated domestic 
partnership.
    Subsection (g)--Coverage of Restored Employees and Survivor 
or Disability Annuitants. For surviving spouses whose survivor 
annuity was terminated because of remarriage but was later 
restored, 5 U.S.C. Sec. 8908 includes rules under which the 
surviving spouses can restore their coverage under FEHB plans. 
Section 402(g) of the bill amends Sec. 8908 so that it would 
apply in the same way where a surviving spouse's annuity 
terminated because of entry into a domestic partnership, and 
where a former domestic partner's annuity terminated because of 
entry into another domestic partnership or a marriage.
    Subsection (h)--Employees Health Benefits Fund. 5 U.S.C. 
Sec. 8909(d) addresses how the merger of employee organizations 
that sponsor an FEHB plan can affect who may remain enrolled in 
the plan, including former spouses. Section 402(h) of the bill 
amends the provision to refer likewise to former domestic 
partners.
    Subsection (i)--Regulations. 5 U.S.C. Sec. 8913(c) requires 
OPM to prescribe regulations providing for the beginning and 
ending dates of coverage under various circumstances, and in 
that context refers to former spouses. Section 402(i) of the 
bill amends the provision to refer likewise to former domestic 
partners.
    Subsection (j)--Effective Date. Section 402(j) provides 
that the amendments made by section 402 apply with respect to 
calendar years beginning after the end of the 6-month period 
beginning on the date of the enactment of the legislation.

Sec. 403. Enhanced dental benefits

    Supplemental dental coverage under the Federal Employees 
Dental and Vision Insurance Program (FEDVIP) is authorized 
under 5 U.S.C. chapter 89A (Sec. Sec. 8951-8962). 5 U.S.C. 
Sec. 8956(a) specifies that two married federal employees who 
are each eligible to enroll for enhanced dental coverage may 
not both enroll in family coverage, and section 403(a)(1) of 
the bill amends that provision so that two such employees who 
are domestic partners may likewise not both enroll in family 
coverage. Also, for a surviving spouse whose survivor annuity 
is terminated and is later restored, 5 U.S.C. Sec. 8957 
includes rules under which the surviving spouse may continue 
enrollment in dental benefits. Section 403 amends the provision 
so that those rules likewise apply where a surviving domestic 
partner's annuity terminated and is later restored.

Sec. 404. Enhanced vision benefits

    Supplemental vision coverage under FEDVIP is authorized 
under 5 U.S.C. chapter 89B (Sec. Sec. 8981-8992). 5 U.S.C. 
Sec. 8986(a) specifies that two married federal employees who 
are each eligible to enroll for enhanced vision benefits may 
not both enroll in family coverage, and section 404(a)(1) of 
the bill amends that provision so that two such employees who 
are domestic partners may likewise not both enroll in family 
coverage. Also, for a surviving spouse whose survivor annuity 
is terminated and is later restored, 5 U.S.C. Sec. 8987 
includes rules under which the surviving spouse may continue 
enrollment in vision benefits. Section 404 amends the provision 
so that those rules likewise apply where a surviving domestic 
partner's annuity is terminated and is later restored.

Sec. 405. Long-term care insurance

    The Federal Long Term Care Insurance Program (FLTCIP), 
which provides group long-term care insurance for federal 
employees and annuitants, members and retired members of the 
uniformed services, and qualified relatives, is authorized 
under 5 U.S.C. chapter 90 (Sec. Sec. 9001-9009). The definition 
of ``qualified relative'' under 5 U.S.C. Sec. 9001(5) includes, 
among others, a spouse, parent-in-law, and stepchild, subject 
to specified conditions. Section 405(a)(1) of the bill would 
amend the definition of ``qualified relative'' to add a 
domestic partner of a federal employee, a child of a domestic 
partner, and a parent of a domestic partner, under those same 
conditions. (The definition also cross references the 
definition of ``domestic partner'' in 5 U.S.C. Sec. 2501 and 
the definition of federal employee in 5 U.S.C. Sec. 8901, both 
of which are added by other sections of the bill.)
    5 U.S.C. Sec. 9002 imposes upon insurance carriers seeking 
to participate in the federal long-term care program certain 
conditions, including that underwriting standards should treat 
the spouse of an employee as much like the employee as 
practicable. Section 405(a)(2) of the bill amends that 
provision to apply likewise to the domestic partner of an 
employee. Also, section 405(b) of the bill provides that the 
amendments to the long-term care provisions shall apply with 
respect to calendar years beginning after the end of the 6-
month period beginning on the date of enactment of the 
legislation.

            TITLE V--TRAVEL, TRANSPORTATION, AND SUBSISTENCE


Sec. 501. Reimbursement for taxes incurred on money received for travel 
        expense

    When an agency reimburses an employee's travel expenses, 
the head of the agency is authorized under 5 U.S.C. Sec. 5706c 
to also reimburse Federal, State, and local income taxes 
incurred by the employee or, if filing jointly, by the employee 
and the employee's spouse on account of the reimbursement. 
Section 502 of the bill amends Sec. 5706c so that, in 
jurisdictions where the employee and the domestic partner can 
file jointly, the agency head may reimburse the employee's and 
the domestic partner's taxes. Section 501 also specifies that 
these amendments to Sec. 5706c will apply for the taxable year 
beginning after the end of the 6 month period beginning on the 
date of enactment of the Act.

Sec. 502. Definitions

    5 U.S.C. chapter 57, subchapter II, (Sec. Sec. 5721-5739) 
provides general authority to reimburse employees' travel and 
transportation expenses. Sections 501 through 505 of the bill 
make amendments to these provisions. Section 502 of the bill 
adds to the definitions section (5 U.S.C. Sec. 5721) the term 
``domestic partner'' and gives it the meaning given in 5 U.S.C. 
Sec. 2501 (which would be added under section 101 of the bill).

Sec. 503. Relocation expenses of employees transferred or reemployed

    When an employee transfers in the interest of the 
Government between official stations within the United States, 
5 U.S.C. Sec. 5724a authorizes the agency to pay certain 
relocation expenses, including the transportation expenses of 
the employee and spouse for travel to seek a permanent 
residence at the new official station. Section 503 of the bill 
amends Sec. 5724a to likewise authorize transportation expenses 
for an employee and domestic partner. Section 503 also 
specifies that the amendment applies with respect to expenses 
incurred after the 6 month period beginning on the date of 
enactment.

Sec. 504. Taxes on reimbursements for travel, transportation, and 
        relocation expenses of employees transferred

    When the government covers an employee's moving or storage 
expenses or other relocation expenses, 5 U.S.C. Sec. 5724b 
authorizes the agency to reimburse any resulting federal, 
State, and local income taxes incurred by the employee or, if 
filing jointly, by the employee and the employee's spouse. 
Section 504 of the bill amends Sec. 5724b so that, in 
jurisdictions where an employee and a domestic partner can file 
jointly, the agency may also reimburse the employee's and 
domestic partner's taxes. Section 504 also provides that the 
amendments apply with respect to taxable years beginning after 
the end of the 6 month period beginning on the date of 
enactment.

Sec. 505. Relocation expenses of an employee who is performing an 
        extended assignment

    When an employee is given an extended assignment, 5 U.S.C. 
Sec. 5737 authorizes the agency to pay certain relocation 
expenses, including travel and transportation expenses of the 
employee and spouse to seek a new residence at the assignment 
location. Section 505 of the bill amends the provision to 
likewise authorize travel and transportation expenses for an 
employee and domestic partner. Section 505 also provides that 
the amendment shall apply with respect to expenses incurred 
after the end of the 6 month period beginning on the date of 
enactment.

                TITLE VI--COMPENSATION FOR WORK INJURIES

    Title VI of the bill makes amendments to provisions that 
authorize the Federal Employees' Compensation Act (FECA), which 
is the workers' compensation program for federal employees. 
FECA, which is authorized under 5 U.S.C. chapter 81 
(Sec. Sec. 8101-8193), provides compensation for disability or 
death of an employee resulting from injury sustained while in 
the performance of the employee's duty. In case of death, FECA 
provides benefits to widows and widowers, children, including 
stepchildren, and certain other survivors. The bill amends FECA 
to extend its coverage to surviving domestic partners and their 
children.

Sec. 601. Definitions

    5 U.S.C. Sec. 8101 establishes definitions for the relevant 
portions of FECA. Section 601 of the bill would add to 
Sec. 8101 new definitions of ``domestic partner'' and 
``domestic partnership'', including criteria for establishing 
and terminating domestic partnerships, that are similar to, but 
not identical to, those in the general domestic partnership 
program under 5 U.S.C. Sec. Sec. 2501-2502, as added by section 
101 of the bill. These new FECA definitions and criteria are 
needed because FECA covers broader groups of individuals than 
other federal civil service laws, including unpaid federal 
volunteers, additional groups of volunteers and trainees (for 
example, Peace Corps volunteers, and Job Corps enrollees), and 
others. Under the new definitions, any domestic partnership 
established under 5 U.S.C. Sec. Sec. 2501-2502 would qualify as 
a domestic partnership under FECA. But, in addition, for same-
sex relationships where neither individual is a federal 
employee covered under Sec. Sec. 2501-2502, but one or both are 
federal employees or volunteers covered under FECA, the 
Secretary of Labor is authorized to exercise the OPM Director's 
authorities under Sec. 2502 to establish the process by which 
domestic partnerships are formed and terminated. (Section 601 
of the bill also adds a definition of ``Federal employee'' to 
make clear that only federal employees or federal volunteers, 
and not employees of contractors or of other non-federal 
employers, are entitled to benefits conferred by the bill.)
    For purposes of establishing who may be eligible to receive 
FECA benefits as a survivor, section 601 of the bill also adds 
a definition of ``surviving partner'' and gives it a meaning 
parallel to the current definitions of ``widow'' and 
``widower'' in 5 U.S.C. Sec. 8101. The definition of ``child'' 
in Sec. 8101 includes stepchildren, and section 601 would amend 
that definition to likewise include children of a federal 
employee's domestic partner. The definitions of ``child'', 
``brother'', and ``sister'' in Sec. 8101 exclude children, 
brothers, and sisters who are married, and section 601 of the 
bill would amend these definition to likewise exclude children, 
brothers, and sisters who are in domestic partnerships.

Sec. 602. Death gratuity for injuries in connection with employee's 
        service with an Armed Force

    For federal employees who die in connection with service as 
civilians with the Armed Forces in qualifying military 
operations (``contingency operations''), 5 U.S.C. Sec. 8102a 
authorizes death gratuities for prescribed survivors and 
establishes an order of precedence for payment of benefits, 
under which surviving spouses come first, and, if none, 
children, including stepchildren, come next. Section 602 of the 
bill would amend Sec. 8102a to give domestic partners the same 
rank as surviving spouses and to give children of domestic 
partners the same rank as stepchildren.

Sec. 603. Beneficiaries of awards unpaid at death; order of precedence

    For employees who are eligible for FECA compensation due to 
injury, and then die of other causes while still owed benefits, 
5 U.S.C. Sec. 8109 provides an order of precedence for the 
payment of unpaid compensation. Generally, children and widows 
and widowers get equal rank: if there is no child, the widow or 
widower comes first; if there is no widow or widower, the child 
or children come first; and if there are both, one half goes to 
the widow or widower, and one half goes to the child or 
children. Section 603 of the bill amends Sec. 8109 so that 
surviving partners receive the same rank as widows and 
widowers. Also, as noted above, section 601 of the bill amends 
the applicable definition of ``child'' in 5 U.S.C. Sec. 8101; 
consequently, children of domestic partners are treated the 
same as stepchildren.

Sec. 604. Augmented compensation for dependents

    5 U.S.C. Sec. 8110 increases the FECA compensation of 
employees who have one or more dependents and defines the term 
``dependent'' for purposes of the section. Section 604 of the 
bill amends the definition to include domestic partners under 
the same conditions as wives and husbands. Also, section 604 
amends the definition to exclude children who are in domestic 
partnerships under the same conditions as married children are 
excluded.

Sec. 605. Limitations on right to receive compensation

    5 U.S.C. Sec. 8116(c) provides that, for the injury or 
death of an employee, liability under FECA is the only 
liability of the United States to the employee or any other 
person entitled to recover, including the employee's spouse. 
Section 605 of the bill amends Sec. 8116(c) to clarify that 
FECA is likewise the exclusive liability to the employee's 
domestic partner.

Sec. 606. Compensation in case of death

    In a case where an employee dies from injury sustained in 
the performance of duty, 5 U.S.C. Sec. 8133 establishes which 
survivors are entitled to monthly compensation. Section 606 of 
the bill amends this provision so that a surviving partner is 
treated in the same manner as a widow or widower. Also, 
Sec. 8133 provides that monthly compensation terminates if a 
widow or widower remarries before age 55, and section 606 of 
the bill amends Sec. 8133 to likewise terminate benefits if a 
widow or widower enters a domestic partnership before age 55 or 
if a surviving partner enters into another domestic partnership 
or marries before age 55. Also under Sec. 8133, if other 
surviving relatives marry while receiving benefits, those 
benefits terminate, and the amendments to Sec. 8133 would 
likewise terminate benefits if those surviving relatives enter 
into domestic partnerships. Finally, just as Sec. 8133 now 
provides that a widow or widower cannot collect FECA benefits 
on account of more than one spouse, the amendments clarify that 
neither a widow or widower nor a surviving partner may collect 
FECA benefits on account of more than one spouse or domestic 
partner.

Sec. 607. Lump-sum payment

    5 U.S.C. Sec. 8135(a) provides that the Government's FECA 
liability may be discharged by a lump-sum payment under certain 
circumstances, and it caps the payment to a widow or widower. 
Section 607 of the bill amends the provision to apply these 
provisions to a surviving partner.
    Also, 5 U.S.C. Sec. 8135(b) authorizes a lump-sum payment 
to a widow or widower who remarries before age 55 (and 
therefore loses the right to receive monthly compensation under 
5 U.S.C. Sec. 8133). Section 607 of the bill amends this 
provision to likewise provide lump-sum payment to a widow or 
widower who enters into a domestic partnership before age 55 
and to a surviving partner who, before age 55, enters into 
another domestic partnership or marries.

Sec. 608. Employees of nonappropriated fund instrumentalities

    Subsection (a)--In General. Employees paid from 
nonappropriated funds of the military exchanges and similar 
instrumentalities of the Armed Forces (nonappropriated fund 
employees) are not covered by FECA. Instead, 5 U.S.C. 
Sec. Sec. 8171-8173 puts these employees under the Longshore 
and Harbor Workers' Compensation Act (Longshore Act), which is 
a federal workers' compensation statute that generally applies 
to specified groups of non-federal employees.
    The Longshore Act provides compensation for injury or death 
arising out of and in the course of employment. Section 608(a) 
of the bill does not amend the Longshore Act itself, but 
instead adds a new subsection (e) to 5 U.S.C. Sec. 8101, 
establishing that, for nonappropriated fund employees in 
domestic partnerships who suffer compensable injuries and die, 
the Longshore Act will be applied in a manner to make the 
employees' surviving domestic partners and surviving children 
of domestic partners eligible for compensation to the same 
extent as surviving spouses, children and stepchildren.
            New 5 U.S.C. Sec. Sec. 8171(e)--as added by section 608 of 
                    the bill
    New Sec. Sec. 8171(e)(1)-(3). These paragraphs include the 
definitions for the terms ``domestic partner'', ``domestic 
partnership'', and ``surviving partner'' for purposes of 
extending the Longshore Act to nonappropriated fund employees. 
These three definitions are substantially the same as the 
corresponding definitions that section 601 of the bill adds to 
5 U.S.C. Sec. 8101 for FECA.
    New Sec. 8171(e)(4)(A). Section 2(14) of the Longshore Act 
(33 U.S.C. Sec. 902(14)) defines the term ``child'' to include 
a stepchild under certain conditions and defines the terms 
``children'', ``brothers'', and ``sisters'' to exclude those 
who are married unless wholly dependent on the employee. For 
purposes of making this section applicable to nonappropriated 
fund employees, new 5 U.S.C. Sec. 8171(e)(4)(A) makes the child 
of a domestic partner eligible for benefits under the same 
conditions as a stepchild, and makes children, brothers, and 
sisters who are in domestic partnerships ineligible for 
benefits under the same conditions as those who are married are 
ineligible.
    New Sec. 8171(e)(4)(B). When employees receiving benefits 
under the Longshore Act die of causes other than the 
compensable injury, section Sec. 8(d) of the Longshore Act (33 
U.S.C. Sec. 908(d)) provides an order of precedence for payment 
to survivors, under which the widow or widower and the child or 
children are generally granted equal rank. For applying this 
section to nonappropriated fund employees, new 5 U.S.C. 
Sec. 8171(e)(4)(C) would give a surviving partner the same rank 
as a widow or widower (and, as noted above, the child of a 
domestic partner would have the status of a ``child'' under new 
Sec. 8171(e)(4)(A) under the same conditions as would a 
stepchild under existing Longshore Act provisions.)
    New Sec. 8171(e)(4)(C). When the compensable injury causes 
death, section 9 of the Longshore Act (33 U.S.C. Sec. 909) 
establishes the amount of death benefit paid to survivors, 
including a widow or widower and any surviving child or 
children, under various circumstances. For applying this 
section to nonappropriated fund employees, new 5 U.S.C. 
Sec. 8171(e)(4)(D) causes surviving partners to be treated the 
same as widows and widowers. (Also, as noted above, new 
Sec. 8171(e)(4)(A) causes the child of a domestic partner to 
have the status of a ``child'' under the same conditions as a 
stepchild.) For widows and widowers who remarry, section 9 of 
the Longshore Act provides for a lump sum payment in lieu of 
monthly benefits. New Sec. 8171(e)(4)(D) of the bill treats 
widows and widowers the same if they enter into domestic 
partnerships, and treats surviving partners the same if they 
enter into subsequent domestic partnerships or marry.
    Subsection (b)--Exclusive Liability. 5 U.S.C. Sec. 8173 
provides that, for the injury or death of a nonappropriated 
fund employee, liability under Sec. 8171-8172 is the only 
liability of the United States to the employee or any other 
person entitled to recover, including the employee's spouse. 
Section 608(b) of the bill amends Sec. 8173 to clarify that 
liability under Sec. Sec. 8171-8172 is likewise the exclusive 
liability to the employee's domestic partner.

Sec. 609. Effective date

    Section 609 of the bill establishes several rules about how 
the amendments to FECA and to the provisions that apply the 
Longshore Act to nonappropriated fund employees will go into 
effect.
    Subsection (a)--In General. Section 608(a) of the bill 
states that the amendments to FECA and to the provisions 
applying the Longshore Act will take effect on the date of 
enactment of the bill and will apply with respect to any injury 
or death, regardless of whether it occurs before, on, or after 
that date.
    Subsection (b)--Timely Claim Required; Limitation on 
Payments. Under section 608(b), no compensation is payable 
unless a timely claim for that compensation is filed, and no 
compensation is payable with respect to any period commencing 
before the date of enactment of the legislation.
    Subsection (c)--Allowability of Claims. Section 608(c) of 
the bill establishes two rules governing whether an original 
claim for a disability or death that occurred before the date 
of enactment (and that would not otherwise be payable but for 
the enactment of the amendments to FECA and to the provisions 
applying the Longshore Act) may be allowed:
     First, such claim will not be allowed if, as of 
the date of enactment, a claim based on that disability or 
death would no longer be timely because of the lapse of time 
since the disability or death occurred.
     Second, if the claim is not time-barred under the 
first rule as of the date of enactment, the time for filing the 
claim will be extended, to allow time to establish a domestic 
partnership. Specifically, if the claim is not time-barred as 
of the date of enactment, the timeliness of the claim will be 
determined as though the applicable time limitations do not 
begin to run until the date on which the provisions of 5 U.S.C. 
Sec. 2502(a) (which are added by section 101 of this bill), 
under which domestic partnerships can be established, become 
effective.
    Subsection (d)--Payments for Prior Periods Not Affected. 
Finally, section 609(d) states that, if compensation has 
already been paid to any individual whose entitlement to 
compensation is terminated or reduced as a result of the 
enactment of this title, that compensation may not be 
recovered.

   TITLE VII--EMPLOYEE LEAVE; DEATH OR CAPTIVITY COMPENSATION; OTHER 
                           EMPLOYEE BENEFITS


Sec. 701. Voluntary transfers of leave; voluntary leave bank program

    Subsection (a)--Voluntary Transfers of Leave. 5 U.S.C. 
chapter 63, subchapter III (Sec. Sec. 6331-6340) requires OPM 
to establish a program under which employees may voluntarily 
transfer leave from their accounts to the account of particular 
other employees who need leave because of medical emergencies 
involving them or their family members. Section 701(a) of the 
bill amends 5 U.S.C. Sec. 6333 to require OPM's regulations to 
afford domestic partners the same status as spouses.
    Subsection (b)--Voluntary Leave Bank Program. 5 U.S.C. 
chapter 63, subchapter IV (Sec. Sec. 6361-6373) requires OPM to 
establish a program under which employees may voluntarily 
contribute their leave to a bank established by their employing 
agencies, so that the banked leave may be made available to 
other employees who need it because of medical emergencies 
involving them or their family members. Section 701(b) of the 
bill amends 5 U.S.C. Sec. 6362 to require that OPM's 
regulations on the administration of the voluntary leave bank 
program ensure that a domestic partner is afforded the same 
status as a spouse.

Sec. 702. Family and medical leave

    The Family and Medical Leave Act of 1993 (FMLA) is a 
national labor law under which employees are entitled to up to 
12 weeks of unpaid leave during any 12-month period for the 
following purposes: the birth and care of a child; the 
placement of a child with the employee for adoption or foster 
care; the care of a spouse, child, or parent who has a serious 
health condition; or a serious health condition of the 
employee.
    Section 702 of the bill modifies FMLA rights for federal 
employees under OPM's government-wide leave program, as well as 
those in congressional offices, in Presidential offices, and at 
the Government Accountability Office, to enable employees who 
are in domestic partnerships to take FMLA leave to care for 
domestic partners with serious health conditions to the same 
extent that married employees may take FMLA leave to care for 
spouses with serious health conditions; and to care for 
domestic partners' children with serious health conditions to 
the same extent as married employees may take FMLA leave to 
care for stepchildren with serious health conditions. The bill 
does not affect FMLA coverage for any employees other than the 
federal employees specified in the bill.
    Subsection (a)--In General. 5 U.S.C. chapter 63, subchapter 
V, (Sec. Sec. 6381-6387) incorporates Family and Medical Leave 
rights into the leave program that covers most federal 
employees. 5 U.S.C. Sec. 6382 now entitles federal employees to 
take FMLA leave to care for their spouses who have serious 
health conditions, and bill section 702(a) amends this 
provision to grant employees the right to take FMLA leave to 
care for their domestic partners who have serious health 
conditions. Also, an employee can take leave to care for a son 
or daughter who has a serious health condition, and 5 U.S.C. 
Sec. 6381 defines ``son or daughter'' to include a biological, 
adopted, or foster child of an employee's spouse. The bill 
amends that definition to include a biological, adopted, or 
foster child of an employee's domestic partner. Finally, 5 
U.S.C. Sec. 6383 requires employees to provide certifications 
for purposes of FMLA leave, and that provision is amended so 
that employees with domestic partners have the same obligation 
provide certifications as married employees.
    Subsection (b)--Congressional Accountability. The 
Congressional Accountability Act of 1995 (CAA) applies the 
rights and protections of several employment and other laws, 
including the FMLA, to congressional offices and to certain 
congressional instrumentalities and their employees. Section 
702(b) of the bill amends section 202 of the CAA (2 U.S.C. 
Sec. 1312) by adding a new subsection (f), under which 
employees of congressional offices and of the General 
Accountability Office may take FMLA leave to take care of their 
domestic partners with serious health conditions and their 
domestic partners' children with serious health conditions.
    Subsection (c)--Presidential and Executive Office 
Accountability. 3 U.S.C. chapter 5 (Sec. Sec. 401-471) makes 
several employment and other laws, including the FMLA, 
applicable to Presidential and Vice Presidential offices and 
offices within the Executive Office of the President and to 
their employees. Section 702(c) of the bill amends 3 U.S.C. 
Sec. 412 by adding a new subsection (e), under which employees 
in those offices may take FMLA leave to take care of their 
domestic partners with serious health conditions and their 
domestic partners' children with serious health conditions.

Sec. 703. Settlement of accounts

    The rules for settling accounts between employees and their 
employing agencies are codified in 5 U.S.C. chapter 55, 
subchapter VIII (Sec. Sec. 5581-5584). When an employee dies 
without having specified a beneficiary, Sec. 5582 provides that 
any money due the employee is paid to the widow or widower in 
precedence over other survivors. Section 703(b) of the bill 
amends the order of precedence under Sec. 5582 so that a 
surviving domestic partner has the same status as a widow or 
widower. Also, Sec. 5581 provides definitions for purposes of 
the provisions on settlement of accounts, and section 703(a) of 
the bill adds a definition of ``domestic partner'', having the 
meaning given in Sec. 2501 (which is added by section 101 of 
the bill).

Sec. 704. Benefits for captives

    When a federal employee is in captive or missing status due 
to hostile action, 5 U.S.C. Sec. 5569 provides that the agency 
will pay certain expenses of family members under regulations 
prescribed by the President. Section 704 of the bill adds a 
provision to Sec. 5569 requiring the President to prescribe 
regulations that ensure domestic partners are afforded the same 
rights as spouses.

Sec. 705. Compensation for disability or death

    When an employee or family member suffers death or 
disability caused by hostile action, 5 U.S.C. Sec. 5570 
authorizes the payment of compensation, under regulations 
prescribed by the President. Section 705 of the bill adds a 
provision to Sec. 5570 requiring the President to prescribe 
regulations that ensure domestic partners are afforded the same 
rights as spouses.

Sec. 706. Annuity of the comptroller general

    Under 31 U.S.C. chapter 7, subchapter V (Sec. Sec. 771-
779), the Comptroller General (CG) may become entitled to an 
annuity after having served more than 10 years or by meeting 
certain other conditions, and the CG's spouse and children, 
including stepchildren, may also become eligible for an annuity 
or other benefits under certain circumstances. Section 706 of 
the bill amends these provisions to enable a CG who has a 
domestic partner to likewise provide for the CG's domestic 
partner and children, including any children of the domestic 
partner.
    Subsection (a)--Definitions. 31 U.S.C. Sec. 771 contains 
definitions for the sections establishing an annuity for the 
CG, and section 706(a) of the bill adds a definition of 
``surviving partner'', which includes the same conditions that 
are now in the definition of ``surviving spouse'' in Sec. 771. 
Also, section 706(a) amends the definition of ``dependent 
child'' to treat the child of a domestic partner of a CG in the 
same manner as a stepchild.
    Subsection (b)--Election of survivor benefits. Under 31 
U.S.C. Sec. 773, a CG may elect to take a reduction in pay and 
annuity in order to provide survivor benefits, which, under 31 
U.S.C. Sec. 774, may be available to a surviving spouse or a 
dependent child. Section 706(b) of the bill makes conforming 
amendments to Sec. 773 so that a CG in a domestic partnership 
and the CG's domestic partner are treated the same way.
    Subsection (c)--Survivor annuities. Under 31 U.S.C. 
Sec. 774, a CG's surviving spouse or dependent child may become 
entitled to a survivor annuity if the CG dies in office or 
while receiving an annuity and if other conditions are met. 
Section 706(c) of the bill amends Sec. 774 to treat a surviving 
domestic partner the same as a surviving spouse. Also, the 
child of a domestic partner might qualify for a survivor 
annuity under Sec. 774 under the same conditions as a 
stepchild, because, as noted above, section 706(a) of the bill 
would amend the definition of ``dependent child'' in 31 U.S.C. 
Sec. 771 so that the child of a domestic partner would come 
within that definition under the same conditions as a 
stepchild.
    Subsection (d)--Refunds. Under various circumstances, such 
as if a CG leaves office without having served over 10 years or 
meeting other conditions for receiving an annuity, 31 U.S.C. 
Sec. 775 provides for a lump-sum refund to the CG of the 
amounts contributed towards the annuity by the CG or by 
deductions from the CG's pay, plus interest. In situations 
where the CG has died before the refund is made, Sec. 775 also 
provides the order of precedence for who is entitled to receive 
it. Under this order of precedence, a surviving spouse is first 
in line, and, if there is none, the children are second. 
Section 706(d) of the bill amends Sec. 775 so that a surviving 
domestic partner has the same rights as a surviving spouse 
under the order of precedence. (The term ``child'' is not 
defined for purposes of Sec. 775, and the bill makes no 
amendment with respect to the meaning of that term.)
    Subsection (e)--Payment of survivor benefits. 31 U.S.C. 
Sec. 776 provides that the annuity rights of a CG's surviving 
spouse terminate if the individual remarries before age 55, and 
provide that the annuity rights of a dependent child terminate 
if the individual marries. Section 706(e) of the bill amends 
these provisions to likewise terminate the rights of a 
surviving spouse who enters into a domestic partnership before 
age 55, of a surviving partner who enters into a subsequent 
domestic partnership or marries before age 55, or of a 
dependent child who enters into domestic partnership. Section 
706(e) of the bill further amends 31 U.S.C. Sec. 776 to require 
that, if a domestic partner dies and a dependent child 
survives, the annuity of the dependent child is to be 
recomputed under the same terms as are now required under 
Sec. 776 if a surviving spouse dies and a dependent child 
survives. (Also, the child of a domestic partner might qualify 
for a survivor benefit as a dependent child, because, as noted 
above, section 706(a) of the bill amends the definition of 
``dependent child'' in 31 U.S.C. Sec. 771 so that the child of 
a domestic partner comes within that definition under the same 
conditions as a stepchild.)
    Subsection (f)--Annuity increases. 31 U.S.C. Sec. 777 
establishes the rules for increasing the amounts of annuities, 
and section 706(f) of the bill amends this provision so that a 
surviving domestic partner's annuity will increase under the 
same terms as a surviving spouse's annuity.

 TITLE VII--ETHICS IN GOVERNMENT, CONFLICTS OF INTEREST, EMPLOYMENT OF 
                 RELATIVES, GIFTS AND EMPLOYEE CONDUCT


Sec. 801. Ethics in Government Act of 1978

    The Ethics in Government Act of 1978 (EGA) (5 U.S.C. app.) 
establishes financial disclosure requirements for high-level 
officials and employees in all three branches of the federal 
government and imposes limits on the amount of outside income 
that certain officials and employees are permitted to earn. 
Section 801 of the bill makes several amendments to the EGA, 
described below.
    Subsection (a)--Contents of Reports. Section 102 of the 
EGA, which prescribes the contents of financial disclosure 
reports, mandates the reporting of certain financial 
information about the individual's spouse. Section 801(a) of 
the bill amends section 102 of the EGA to require covered 
government officials and employees who are in domestic 
partnerships to disclose the same information about their 
domestic partners. Section 102 of the EGA does not require the 
disclosure of transactions between the reporting individual and 
the individual's spouse, and the amendments to section 102 
likewise do not require disclosure of transactions between the 
reporting individual and the reporting individual's domestic 
partner.
    Moreover, section 102 of the EGA generally requires the 
disclosure of gifts, but excludes disclosure of gifts from 
certain relatives, as that term is defined in section 109(16) 
of the EGA. The amendments to section 102 would likewise exempt 
from disclosure any gifts from domestic partners or from 
parents, children, and siblings of domestic partners.
    Subsection (b)--Definitions Relating to Financial 
Disclosure. Subsection 801(b) of the bill makes several 
amendments to the definition of ``dependent child'' in section 
109 of the EGA. Section 109 of the EGA currently defines the 
term to include a stepson or stepdaughter. The amendments add 
to the definition a son or daughter of the reporting 
individual's domestic partner. Also, the existing definition 
excludes any child who is married, unless the child is actually 
a dependent, and the amendments made by the bill likewise 
exclude any child who is in a domestic partnership and is not 
actually dependent. Finally, the existing definition provides 
that a child's dependency is determined by reference to section 
152 of the Internal Revenue Code (IRC). Under the amendments, 
whether a domestic partner's child is a dependent is determined 
under section 152 the IRC, but disregarding the requirement 
there that dependents must be relatives.
    Subsection (c)--Outside Earned Income Limitation. Section 
501(c) of the EGA generally forbids certain federal officers 
and employees from receiving honoraria. However, it is 
permissible for an honorarium up to $2000 to be paid to a 
charitable organization, provided no financial benefit from the 
organization is derived by the officer or employee or by any of 
several kinds of relatives, including a spouse or a dependent 
relative of the officer or employee. Section 801(c) of the bill 
amends section 501(c) of the EGA to likewise forbid the payment 
of an honorarium to a charitable organization if a financial 
benefit from the organization is derived by the domestic 
partner of the officer or employee or by an individual who is 
the domestic partner's child, sibling, or parent and is a 
dependent of the officer or employee.
    Subsection (d)--Definitions Relating to Outside Earned 
Income and Employment. For purposes of the ban on receiving an 
honorarium mentioned in the preceding discussion, section 505 
of the EGA contains a definition of the term ``honorarium'', 
but excludes from that definition travel expenses incurred by 
the officer or employee or by one relative, including the 
spouse or a relative of the spouse. Section 801(d) of the bill 
amends section 505 to allow the domestic partner of the officer 
or employee or a parent, child, or sibling of the domestic 
partner to count as the one relative whose travel expenses are 
excluded from the honorarium ban.

Sec. 802. Conflicts in interest

    Section 802 of the bill makes amendments to various 
provisions in the criminal conflict-of-interest statutes to 
treat employees with domestic partners the same as married 
employees.
    Subsection (a)--Compensation to Members of Congress, 
Officers, and Others in Matters Affecting the Government. Under 
18 U.S.C. Sec. 203, it is a crime for a federal officer or 
employee to provide representational services for compensation 
in a case where the United States is a party or has a 
substantial interest. However, there is generally an exception 
under Sec. 203(d) for representing one's immediate family 
member including a spouse. Section 802(a) of the bill amends 
Sec. 203(d) to likewise provide an exception for representing 
one's domestic partner.
    Subsection (b)--Activities of Officers and Employees in 
Claims Against and Other Matters Affecting the Government. 
Under 18 U.S.C. Sec. 205, it is generally a crime for a federal 
officer or employee to act as an agent or attorney (with or 
without compensation) to prosecute a claim against the United 
States or to receive payment for assisting on the claim. 
However, there is generally an exception under Sec. 205(e) for 
representing one's immediate family members, including a 
spouse. Section 802(b) of the bill amends Sec. 203(d) to 
likewise provide an exception for representing one's domestic 
partner.
    Subsection (c)--Acts Affecting a Personal Financial 
Interest. 18 U.S.C. Sec. 208 generally makes it a crime to 
participate personally as an executive-branch officer or 
employee in a determination affecting the financial interest of 
the officer or employee or his or her spouse, minor child, or 
an organization with which he or she has a close connection. 
Section 802(c) amends Sec. 208 to likewise make it a crime to 
participate in such a determination affecting the financial 
interest of one's domestic partner.

Sec. 803. Employment of relatives, restrictions

    5 U.S.C. Sec. 3110 establishes restrictions on the hiring 
of relatives applicable in all three branches of government and 
the government of the District of Columbia, forbidding both a 
public official to hire a relative and a relative to be hired 
by a public official. Section 803 of the bill amends Sec. 3110 
to impose those prohibitions on a public official and the 
official's domestic partner or the parents, siblings or 
children of the partner.

Sec. 804. Receipt and disposition of foreign gifts and decoration

    5 U.S.C. Sec. 7342 generally forbids the receipt by federal 
employees of gifts and decorations from foreign governments 
except with the consent of Congress, and the section defines 
``employee'' to include an employee's spouse. Section 804 of 
the bill would amend Sec. 7342 to likewise include within the 
definition of ``employee'' the employee's domestic partner.

Sec. 805. Regulations of conduct, gifts

    5 U.S.C. Sec. Sec. 7301, 7351, and 7353 authorize 
regulations to govern executive branch employees' conduct 
generally, and to ban giving gifts to supervisors, receiving 
gifts from subordinates, and receiving gifts from people having 
business before an employee's agency. Under authority of these 
three Code sections, the Office of Government Ethics (OGE) 
promulgates the Standards of Ethical Conduct for Employees of 
the Executive Branch (5 C.F.R. Part 2635). The gift rules under 
the Standards include several restrictions involving gifts to 
and from employees' spouses.
    For example, just as an employee may not receive a gift 
from someone doing business before the employee's agency or 
from a subordinate, the employee may not acquiesce in the 
receipt of a gift from such a source by the employee's spouse. 
See 5 C.F.R. Sec. Sec. 2635.203(f)(1), 2635.303(b)(1). The 
standards also specify that an appearance of loss of 
impartiality may arise when an employee's work may affect an 
entity with which the employee's spouse is connected. See 5 
C.F.R. Sec. 2635.502(b)(1)(iii). On the other hand, as an 
exception to the gift ban, an employee may accept 
transportation and other benefits resulting solely because of 
the employee's spouse's business or employment activities. See 
5 C.F.R. Sec. 2635.204(e)(1).
    Section 805 of the bill would direct that the Standards be 
revised so that these and other provisions that apply to 
married employees and their spouses would apply likewise to 
employees in domestic partnerships and their domestic partners.

                    V. Estimated Cost of Legislation


               CONGRESSIONAL BUDGET OFFICE COST ESTIMATE

S. 1102--Domestic Partnership Benefits and Obligations Act of 2009

    Summary: S. 1102 would make same-sex domestic partners of 
certain federal employees eligible to receive the same 
employment benefits as married spouses of federal employees. 
Those benefits include health insurance, survivor annuities, 
compensation for work-related injuries and travel and 
relocation benefits that affect the federal budget, as well as 
other benefits that do not have an impact on the budget, such 
as life insurance and vision and dental benefits.
    CBO estimates that enacting S. 1102 would increase direct 
spending by $101 million over the 2010-2015 period and $310 
million through 2020.\1\ We estimate that enacting the bill 
would not have any direct impact on federal revenues. Over the 
same period, CBO estimates that discretionary spending would 
also increase, by $394 million, assuming appropriation of the 
necessary funds. Providing additional health insurance benefits 
through the Federal Employees Health Benefits (FEHB) program 
would account for the largest increase in both mandatory and 
discretionary spending--$294 million and $355 million, 
respectively.
---------------------------------------------------------------------------
    \1\Different time periods apply for the Senate's pay-as-you-go 
rules. CBO estimates that enacting S. 1102 would increase on-budget 
direct spending by $20 million over the 2010-2014 period and by $91 
million over the 2010-2019 period.
---------------------------------------------------------------------------
    Some of the costs of S. 1102 would derive from providing 
health benefits to the domestic partners of active workers of 
the U.S. Postal Service (USPS); cash flows of the USPS are 
classified as ``off-budget.'' CBO's estimate of direct spending 
includes such off-budget costs totaling $197 million between 
2011 and 2020.
    Pay-as-you-go procedures apply because enacting the 
legislation would affect direct spending. (Under the Statutory 
Pay-As-You-Go Act of 2010, only the on-budget effects are 
subject to those procedures.)
    S. 1102 contains no intergovernmental or private-sector 
mandates as defined in the Unfunded Mandates Reform Act (UMRA) 
and would impose no costs on state, local, or tribal 
governments.
    Estimated cost to the Federal Government: The estimated 
budgetary impact of S. 1102 is shown in the following table. 
The costs of this legislation fall within budget functions 550 
(health) and 600 (income security).

--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                                    By fiscal year in millions of dollars--
                                                      --------------------------------------------------------------------------------------------------
                                                        2010   2011   2012   2013   2014   2015   2016   2017   2018   2019   2020  2010-2015  2010-2020
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                               CHANGES IN DIRECT SPENDING

Federal Employees Health Benefits (FEHB) Program:
  On-Budget (non-postal).............................      0      1      3      4      6      8     10     12     15     18     21        21         97
  Off-Budget (postal)................................      0      9     13     15     16     18     20     22     25     28     30        71        197
Federal Employment Compensation Act (FECA) Benefits..      0      2      3      3      3      4      4      4      4      4      4        15         35
Survivor Annuities...................................      0      0     -1     -1     -2     -2     -2     -2     -3     -3     -3        -6        -19
                                                      --------------------------------------------------------------------------------------------------
  Total Changes......................................      0     11     18     21     24     28     32     36     41     46     52       101        310
    On-Budget........................................      0      2      5      6      7     10     12     14     16     19     22        30        113
    Off-Budget.......................................      0      9     13     15     16     18     20     22     25     28     30        71        197

                                                      CHANGES IN SPENDING SUBJECT TO APPROPRIATION

FEHB Program Costs for Active Employees:
  Estimated Authorization Level......................      0     19     28     30     32     34     37     39     42     45     48       144        355
  Estimated Outlays..................................      0     19     28     30     32     34     37     39     42     45     48       144        355
FECA Agency Costs:
  Estimated Authorization Level......................      0      2      3      3      3      4      4      4      4      4      4        15         35
  Estimated Outlays..................................      0      1      2      3      3      4      4      4      4      4      4        13         33
Travel and Relocation Benefits:
  Estimated Authorization Level......................      0      1      1      1      1      1      1      1      1      1      1         3          6
  Estimated Outlays..................................      0      1      1      1      1      1      1      1      1      1      1         3          6
  Total Changes:
    Estimated Authorization Level....................      0     22     32     34     37     39     41     44     47     50     53       163        397
    Estimated Outlays................................      0     21     31     34     36     39     41     44     47     50     53       160        394
--------------------------------------------------------------------------------------------------------------------------------------------------------

    Basis of estimate: For this estimate, CBO assumes that S. 
1102 will be enacted late in calendar year 2010 and that the 
necessary amounts will be appropriated for each year. CBO 
assumes that about 0.33 percent of federal employees would 
choose to register a same-sex domestic partnership if given the 
opportunity. That figure is based on information previously 
gathered from state and local governments as well as more 
recent research on the experience of organizations that have 
adopted similar policies. CBO estimates that approximately 80 
percent of individuals eligible under the proposal would move 
from single to family health coverage and that 85 percent would 
elect a survivor benefit for a domestic partner. S. 1102 
applies to eligible current federal employees, other than 
members of the armed services.

Direct spending

    Federal Employees Health Benefits Program. S. 1102 would 
extend eligibility for health benefits to the same-sex domestic 
partners of future federal retirees. Unlike premiums for 
current workers, the government's share of health care premiums 
for retirees is classified as direct spending. For each year 
over the 2011-2020 period, CBO projects that approximately 200 
additional family coverage policies would be added to the FEHB 
program by future non-Postal Service retirees choosing to cover 
same-sex domestic partners. As a result, direct spending would 
increase by $97 million from 2011 to 2020.
    Postal Service employees also would be eligible for same-
sex domestic partner coverage under S. 1102. CBO estimates that 
providing health benefits to the domestic partners of active 
postal workers would result in about 2,000 Postal Service 
employees moving from individual to family coverage plans. 
Additionally, CBO anticipates that approximately 100 future 
retirees from the Postal Service would move to family coverage 
for their same-sex domestic partners.
    The cash flows of the Postal Service are classified as off-
budget, although the total federal budget records the agency's 
net spending (gross outlays less offsetting collections). CBO 
estimates that extending FEHB benefits to the same-sex domestic 
partners of Postal Service workers would increase off-budget 
costs by $197 million through 2020.
    Federal Employment Compensation Act (FECA) Benefits. FECA 
provides compensation to federal civilian employees for 
disability due to personal injury sustained while in the 
performance of duty. Married workers currently receive slightly 
higher FECA benefits for wage replacement than do single 
workers. Additionally, if an employee dies of an employment-
related injury or disease, his or her spouse receives a death 
benefit. CBO projects that S. 1102, if enacted, would extend 
additional FECA benefits to roughly 1,000 federal employees 
each year. Over the 2011-2020 period, those additional benefits 
would total $35 million.
    Survivor Annuities. Under current law, federal employees 
who are eligible to receive retirement benefits may elect to 
provide their spouses with a survivor annuity by reducing the 
value of their own retirement benefit. The required annuity 
reductions and survivor benefit levels vary between the Federal 
Employees' Retirement System (FERS) and the Civil Service 
Retirement System; a federal employee who elects survivor 
benefits reduces his retirement annuity between 5 percent and 
10 percent in order to provide a survivor benefit ranging from 
25 percent to 55 percent of the employee's annuity.
    Under S. 1102, eligible federal employees with a registered 
same-sex domestic partner would become eligible for a survivor 
benefit for their partner at retirement, following the same 
rules and regulations as for married spouses. CBO estimates 
that 85 percent of federal employees who register a domestic 
partner would elect survivor benefits if given the opportunity. 
On that basis, CBO projects that an average of 1,500 new 
federal retirees per year (through 2020) would add survivor 
benefits for their domestic partners. Accordingly, those 
individuals would collect smaller retirement annuities, thereby 
lowering direct spending. A portion of those savings would be 
offset by payments of survivor benefits to surviving partners 
as some retirees die over the next 10 years. However, in the 
near term, the estimated annuity reductions outweigh the 
additional survivor benefits. On net, CBO estimates that direct 
spending would decrease by $19 million over the 2011-2020 
period.

Spending subject to appropriation

    In total, CBO estimates that implementing S. 1102 would 
increase discretionary spending by $394 million over the 2011-
2020 period, assuming the appropriation of the necessary 
amounts.
    FEHB Program Costs for Active Federal Employees. S. 1102 
would allow federal employees to add same-sex domestic partners 
to their health insurance policies. Federal agencies pay about 
70 percent of health-care premiums for active employees; thus, 
as premiums rise, so do agency contributions. In 2011, family 
coverage policies for active workers are projected to cost the 
federal government approximately $6,000 more than individual 
coverage policies. CBO estimates that providing additional 
family coverage policies to approximately 4,000 non-Postal 
Service employees who would elect coverage for same-sex 
domestic partners would increase agency spending subject to 
appropriation by $355 million over the 2011-2020 period, 
assuming the appropriation of the necessary funds.
    FECA Agency Costs. As discussed under the direct spending 
section, this bill would result in increased spending for 
federal workers' compensation. The additional benefits that 
would be paid to workers are considered mandatory spending. 
However, employing agencies reimburse the Department of Labor 
for the provision of those benefits using funds from their 
discretionary appropriations. CBO estimates that enacting S. 
1102 thus would increase the need for appropriations to 
agencies' salaries and expense accounts, with increased outlays 
totaling $33 million through 2020.
    Travel and Relocation Benefits. S. 1102 would provide the 
same benefits to same-sex domestic partners as to married 
spouses for travel and relocation expenses. In general, such 
benefits include the transport of household goods, 
reimbursement for taxes incurred during relocation, and 
expenses incurred during a real estate transaction (such as 
closing costs or purchase assistance). CBO estimates that 
including domestic partners in travel and relocation benefits 
would total about $6 million over the 2011-2020 period.
    Pay-as-you-go considerations: The Statutory Pay-As-You-Go 
Act of 2010 establishes budget reporting and enforcement 
procedures for legislation affecting direct spending or 
revenues. The net changes in on-budget outlays that are subject 
to those pay-as-you-go procedures are shown in the following 
table.

CBO ESTIMATE OF PAY-AS-YOU-GO EFFECTS FOR S. 1102, AS ORDERED REPORTED BY THE SENATE COMMITTEE ON HOMELAND SECURITY AND GOVERNMENTAL AFFAIRS ON DECEMBER
                                                                        16, 2009
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                                    By fiscal year, in millions of dollars--
                                                      --------------------------------------------------------------------------------------------------
                                                        2010   2011   2012   2013   2014   2015   2016   2017   2018   2019   2020  2010-2015  2010-2020
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                  NET INCREASE OR DECREASE (-) IN THE ON-BUDGET DEFICIT

Statutory Pay-As-You-Go Impact.......................      0      2      5      6      7     10     12     14     16     19     22        30        113
--------------------------------------------------------------------------------------------------------------------------------------------------------

    Intergovernmental and private-sector impact: S. 1102 
contains no intergovernmental or private-sector mandates as 
defined in UMRA and would impose no cost on state, local, or 
tribal governments.
    Previous CBO estimate: On December 17, 2009, CBO 
transmitted a cost estimate for H.R. 2517, the Domestic 
Partnership Benefits and Obligations Act of 2009, as ordered 
reported by the House Committee on Oversight and Government 
Reform on November 18, 2009. That bill would provide the same 
benefits to domestic partners of eligible federal employees as 
S. 1102, but would extend those benefits to the domestic 
partners of eligible current federal retirees in addition to 
current employees. As a result, H.R. 2517 would have higher 
direct spending costs than S. 1102: about $600 million over 10 
years, as compared to $310 million for 10 years under the 
Senate bill.
    Estimate prepared by: Federal Spending: Retirement--Amber 
G. Marcellino, FEHB--Kirstin Nelson, FECA--Christina Hawley 
Anthony; Impact on State, local, and tribal governments: 
Elizabeth Cove Delisle; Impact on the private sector: Paige 
Piper/Bach.
    Estimate approved by: Theresa Gullo, Deputy Assistant 
Director for Budget Analysis.

                  VI. Evaluation of Regulatory Impact

    Pursuant to the requirements of paragraph 11(b) of rule 
XXVI of the Standing Rules of the Senate, the Committee has 
considered the regulatory impact of this bill. The 
Congressional Budget Office (CBO) states that there are no 
intergovernmental or private-sector mandates as defined in the 
Unfunded Mandates Reform Act and no costs on State, local, or 
tribal governments. The legislation contains no other 
regulatory impact.

                      VII. Changes in Existing Law

    In compliance with paragraph 12 of rule XXVI of the 
Standing Rules of the Senate, the following changes in existing 
law made by the bill, as reported, are shown as follows: 
(existing law proposed to be omitted is enclosed in black 
brackets, new matter is printed in italic, existing law in 
which no change is proposed is shown in roman):

THE CODE OF LAWS OF THE UNITED STATES OF AMERICA

           *       *       *       *       *       *       *


TITLE 2--THE CONGRESS

           *       *       *       *       *       *       *


CHAPTER 24--CONGRESSIONAL ACCOUNTABILITY

           *       *       *       *       *       *       *



Subchapter II--Extension of Rights and Protections

           *       *       *       *       *       *       *



PART A--EMPLOYMENT DISCRIMINATION, FAMILY AND MEDICAL LEAVE, FAIR LABOR 
    STANDARDS, EMPLOYEE POLYGRAPH PROTECTION, WORKER ADJUSTMENT AND 
RETRAINING, EMPLOYMENT AND REEMPLOYMENT OF VETERANS, AND INTIMIDATION

           *       *       *       *       *       *       *



Sec. 1312. Rights and protections under Family and Medical Leave Act of 
                    1993*
---------------------------------------------------------------------------

    \*\As amended by bill section 702(b).
---------------------------------------------------------------------------
    (a) * * *

           *       *       *       *       *       *       *

    (f) Coverage of Employees With Domestic Partners.--
          (1) Definition of domestic partner.--In this 
        subsection, the term ``domestic partner'' has the 
        meaning given under section 2501 of title 5, United 
        States Code.
          (2) Application to covered employees.--In the case of 
        a covered employee who has a domestic partner--
                  (A) for purposes of the application described 
                in subsection (a)(1)--
                          (i) the term ``domestic partner'' 
                        shall be deemed inserted after 
                        ``spouse'' each place it appears in 
                        sections 102 through 105 of the Family 
                        and Medical Leave Act of 1993; and
                          (ii) a child of the domestic partner 
                        of a covered employee, which child 
                        meets the conditions of subparagraphs 
                        (A) and (B) of section 101(12) of that 
                        Act, shall be deemed to be included in 
                        the term ``son or daughter'' as defined 
                        in that section 101(12); and
                  (B) if the covered employee and the domestic 
                partner of the covered employee are employed by 
                the same employing office, the limit on the 
                aggregate number of workweeks of leave to which 
                both may be entitled, as stated in section 
                102(f) of the Family and Medical Leave Act of 
                1993, shall apply.
          (3) Application to employees of the government 
        accountability office.--In the case of an employee of 
        the Government Accountability Office who has a domestic 
        partner--
                  (A) the term ``domestic partner'' shall be 
                deemed inserted after ``spouse'' each place it 
                appears in sections 102 through 105 of the 
                Family and Medical Leave Act of 1993;
                  (B) a child of the domestic partner of the 
                employee, which child meets the conditions of 
                subparagraphs (A) and (B) of section 101(12) of 
                that Act, shall be deemed to be included in the 
                term ``son or daughter'' as defined in that 
                section 101(12); and
                  (C) in any case in which the employee and the 
                domestic partner of the employee are both 
                employed by the Government Accountability 
                Office or are both employed by the Library of 
                Congress, the limit on the aggregate number of 
                workweeks of leave to which both may be 
                entitled, as stated in section 102(f) of the 
                Family and Medical Leave Act of 1993, shall 
                apply.

           *       *       *       *       *       *       *


CHAPTER 26--DISCLOSURE OF LOBBYING ACTIVITIES

           *       *       *       *       *       *       *



Sec. 1602. Definitions*
---------------------------------------------------------------------------

    \*\As amended by bill section 801(b)(2)(B)(i).
---------------------------------------------------------------------------
    As used in this chapter:
          (1) * * *

           *       *       *       *       *       *       *

          (4) Covered legislative branch official.--The term 
        ``covered legislative branch official'' means--
                  (A) * * *

           *       *       *       *       *       *       *

                  (D) any other legislative branch employee 
                serving in a position described under [section 
                109(13)] section 109(14) of the Ethics in 
                Government Act of 1978 (5 U.S.C. App.)

           *       *       *       *       *       *       *


TITLE 3--THE PRESIDENT

           *       *       *       *       *       *       *


CHAPTER 5--EXTENSION OF CERTAIN RIGHTS AND PROTECTIONS TO PRESIDENTIAL 
OFFICES

           *       *       *       *       *       *       *



           Subchapter II--Extension of Rights and Protections


PART A--EMPLOYMENT DISCRIMINATION, FAMILY AND MEDICAL LEAVE, FAIR LABOR 
    STANDARDS, EMPLOYEE POLYGRAPH PROTECTION, WORKER ADJUSTMENT AND 
RETRAINING, EMPLOYMENT AND REEMPLOYMENT OF VETERANS, AND INTIMIDATION

           *       *       *       *       *       *       *



Sec. 412. Rights and protections under the Family and Medical Leave Act 
                    of 1993*
---------------------------------------------------------------------------

    \*\As amended by bill section 702(c).
---------------------------------------------------------------------------
    (a) * * *

           *       *       *       *       *       *       *

    (e) Coverage of Employees With Domestic Partners.--
          (1) Definition of domestic partner.--In this 
        subsection, the term ``domestic partner'' has the 
        meaning given under section 2501 of title 5.
          (2) Application to covered employees.--In the case of 
        a covered employee who has a domestic partner--
                  (A) for purposes of the application described 
                in subsection (a)(1)--
                          (i) the term ``domestic partner'' 
                        shall be deemed inserted after 
                        ``spouse'' each place it appears in 
                        sections 102 through 105 of the Family 
                        and Medical Leave Act of 1993; and
                          (ii) a child of the domestic partner 
                        of a covered employee, which child 
                        meets the conditions of subparagraphs 
                        (A) and (B) of section 101(12) of that 
                        Act, shall be deemed to be included in 
                        the term `son or daughter' as defined 
                        in that section 101(12); and
                  (B) if the covered employee and the domestic 
                partner of the covered employee are employed by 
                the same employing office, the limit on the 
                aggregate number of workweeks of leave to which 
                both may be entitled, as stated in section 
                102(f) of the Family and Medical Leave Act of 
                1993, shall apply.

           *       *       *       *       *       *       *


TITLE 5--GOVERNMENT ORGANIZATION AND EMPLOYEES

           *       *       *       *       *       *       *


                          PART III--EMPLOYEES


                     Subpart A--General Provisions

Chap.                                                               Sec.
    21. Definitions...........................................      2101
    23. Merit System Principles...............................      2301
    25. Federal Employees in Domestic Partnerships............      2501
     * * * * * * *

    CHAPTER 25--FEDERAL EMPLOYEES IN DOMESTIC PARTNERSHIPS\\
---------------------------------------------------------------------------

    \\As added by bill section 101(a).
---------------------------------------------------------------------------
``Sec.
``2501. Definitions.
``2502. Establishment and termination of domestic partnerships

Sec. 2501. Definitions\=\
---------------------------------------------------------------------------

    \=\As added by bill section 101(a).
---------------------------------------------------------------------------
    In this chapter--
          (1) the term ``annuitant'' means--
                  (A) an annuitant as defined under section 
                8331 or 8401; and
                  (B) as determined under regulations 
                prescribed by the President or a designee 
                thereof, any other individual who is entitled 
                to benefits (based on the service of such 
                individual) under a retirement system for 
                employees of the Government;
          (2) the term ``Director'' means the Director of the 
        Office of Personnel Management;
          (3) the term ``domestic partner'' means either of the 
        individuals in a domestic partnership;
          (4) the term ``domestic partnership'' means a 
        relationship between 2 individuals of the same sex, at 
        least 1 of whom is an employee, former employee, or 
        annuitant, that has been established under section 
        2502(a) and not dissolved under section 2502(b); and
          (5) the term ``employee'' means--
                  (A) an employee as defined under section 
                2105, including an employee referred to in 
                subsection (c) or (e) of that section;
                  (B) a Member of Congress;
                  (C) the President; or
                  (D) any other individual who is employed by 
                the Government and is included within this 
                definition under regulations prescribed by the 
                President or a designee of the President.

Sec. 2502. Establishment and termination of domestic 
                    partnerships*
---------------------------------------------------------------------------

    *As added by bill section 101(a).
---------------------------------------------------------------------------
    (a) Establishment of Domestic Partnership.--
          (1) An employee, former employee, or annuitant and 
        another individual (who may also be an employee, former 
        employee, or annuitant) may establish a domestic 
        partnership as provided in this section for the 
        purposes of the provisions of law to which this chapter 
        applies.
          (2) To establish a domestic partnership, the 2 
        individuals referred to in paragraph (1) shall jointly 
        execute, and the employee, former employee, or 
        annuitant shall file, an application accompanied by an 
        affidavit, the application and affidavit being in such 
        form and filed in such manner as the Director shall by 
        regulation prescribe.
          (3) By the affidavit referred to in paragraph (2), 
        each of the individuals shall attest to the following:
                  (A)(i) The individuals are of the same sex; 
                and
                  (ii) the individual who files the application 
                and affidavit is an employee, former employee, 
                or annuitant.
                  (B)(i) The individuals are in a committed 
                domestic-partnership relationship with each 
                other satisfying the conditions in clauses 
                (ii), (iii), and (iv) and intend to remain so 
                indefinitely.
                  (ii) The individuals have a common residence 
                and intend to continue to do so (or would have 
                a common residence, but are prevented from 
                doing so because of an assignment abroad or 
                other employment-related, financial, or other 
                reasons identified in the affidavit).
                  (iii) The individuals share responsibility 
                for a significant measure of each other's 
                welfare and financial obligations.
                  (iv) Neither individual is married to or in a 
                domestic partnership with anyone except each 
                other.
                  (C) Each individual is at least 18 years of 
                age and mentally competent to consent to a 
                contract.
                  (D) The individuals are not related to each 
                other by blood in a way that would prohibit 
                legal marriage between individuals otherwise 
                eligible to marry in the jurisdiction (or, if 
                applicable, in any jurisdiction) in which the 
                individuals have a common residence.
                  (E) Each of the individuals understands 
                that--
                          (i) as a domestic partner, each 
                        individual not only gains certain 
                        benefits, but also assumes certain 
                        obligations, as set forth in the 
                        provision of law to which this chapter 
                        applies, the violation of which may 
                        lead to disciplinary action against an 
                        employee and to criminal and other 
                        penalties;
                          (ii) either or both of the domestic 
                        partners are required to file 
                        notification under subsection (b)(2) 
                        dissolving the domestic partnership 
                        within 30 days after any condition 
                        under clause (ii), (iii), or (iv) of 
                        subparagraph (B) ceases to be 
                        satisfied, and, if 1 domestic partner 
                        dies, the other is required to file a 
                        notification under subsection (b)(3) 
                        within 30 days after the death; and
                          (iii) willful falsification of 
                        information in the affidavit, or 
                        willful failure to file notification as 
                        required under subsection (b)(2) or 
                        (3), may lead to recovery of amounts 
                        obtained as a result of such 
                        falsification or failure, disciplinary 
                        action against an employee, and 
                        criminal or other penalties.
    (b) Termination of Domestic Partnership.--
          (1) A domestic partnership is terminated upon--
                  (A) the death of either domestic partner;
                  (B) the filing of a notification under 
                paragraph (2) by either or both domestic 
                partners; or
                  (C) the satisfaction of such other conditions 
                as the Director may by regulation prescribe.
          (2)(A) If any condition referred to under clause 
        (ii), (iii), or (iv) of subsection (a)(3)(B) ceases to 
        be satisfied, either or both of the domestic partners 
        shall, within 30 days after the condition ceases to be 
        satisfied, execute and file a notification, in such 
        form and in such manner as prescribed by the Director 
        in regulation, stating that the condition is no longer 
        satisfied and that the domestic partnership is 
        terminated.
          (B) Each domestic partner has a duty that the 
        notification under subparagraph (A) be timely filed, 
        but the duty of 1 domestic partner shall be satisfied 
        if the other domestic partner timely executes and files 
        the required notification.
          (C) The Director shall promulgate regulations 
        establishing the criteria for determining when any 
        condition referred to under clause (ii), (iii), or (iv) 
        of subsection (a)(2)(B) ceases to be satisfied.
          (3) When one domestic partner dies, the other 
        domestic partner shall, within 30 days after the death, 
        execute and file a notification of the death, in such 
        form and in such manner as prescribed by the Director 
        in regulation.
    (c) Effectiveness of Application.--
          (1) An application shall not be effective for 
        purposes of this section unless the filing individual 
        is an employee, former employee, or annuitant as of the 
        time of the filing.
          (2) No individual shall, for purposes of the 
        provisions of law to which this chapter applies, be 
        treated as being in a domestic partnership unless there 
        is in effect, in accordance with regulations prescribed 
        by the Director, an application filed in accordance 
        with this section.
          (3) An application so filed shall remain in effect 
        until the earlier of--
                  (A) the death of either individual; or
                  (B) the date as of which the domestic 
                partnership is otherwise terminated, as 
                determined under such regulations.
    (d) Additional Notifications to Employing Agencies.--A 
domestic partner employed by an entity of the United States 
shall provide such notifications to the employing entity of the 
formation, existence, or termination of the domestic 
partnership, in addition to the filings required under 
subsections (a) and (b), as may be required, and in such form 
and in such manner as prescribed, by the Director in 
regulation.
    (e) Members of the Armed Forces Not Eligible.--
Notwithstanding any provision of the Uniformed Services 
Employment and Reemployment Rights Act of 1994 (38 U.S.C. 4301 
et seq.), a member of the Armed Forces or of the Reserve 
Officers' Training Corps may not be either of the individuals 
who establish a domestic partnership under this section.
    (f) Applicability.--This section applies for purposes of 
the provisions of this title (excluding chapter 81).
    (g) Regulations.--The Director shall issue regulations to 
carry out this section.

           *       *       *       *       *       *       *


                  Subpart B--Employment and Retention


                  CHAPTER 31--AUTHORITY FOR EMPLOYMENT


Subchapter I--Employment Authorities

           *       *       *       *       *       *       *



Sec. 3110. Employment of relatives; restrictions*
---------------------------------------------------------------------------

    \*\As amended by bill section 803.
---------------------------------------------------------------------------
    (a) For the purpose of this section--
          (1) * * *
          (2) ``public official'' means an officer (including 
        the President and a Member of Congress), a member of 
        the uniformed service, an employee and any other 
        individual, in whom is vested the authority by law, 
        rule, or regulation, or to whom the authority has been 
        delegated, to appoint, employ, promote, or advance 
        individuals, or to recommend individuals for 
        appointment, employment, promotion, or advancement in 
        connection with employment in an agency; [and]
          (3) ``relative'' means, with respect to a public 
        official, an individual who is related to the public 
        official as father, mother, son, daughter, brother, 
        sister, uncle, aunt, first cousin, nephew, niece, 
        husband, wife, father-in-law, mother-in-law, son-in-
        law, daughter-in-law, brother-in-law, sister-in-law, 
        stepfather, stepmother, stepson, stepdaughter, 
        stepbrother, stepsister, half brother, or half 
        sister[.]; and
          (4) ``domestic partner'' has the meaning given under 
        section 2501.
    (b) A public official may not appoint, employ, promote, 
advance, or advocate for appointment, employment, promotion, or 
advancement, in or to a civilian position in the agency in 
which he is serving or over which he exercises jurisdiction or 
control any individual who is a relative of the public 
official. An individual may not be appointed, employed, 
promoted, or advanced in or to a civilian position in an agency 
if such appointment, employment, promotion, or advancement has 
been advocated by a public official, serving in or exercising 
jurisdiction or control over the agency, who is a relative of 
the individual. The restrictions in this subsection shall apply 
also to a public official with respect to any individual, and 
to any individual with respect to a public official, if the 
individual is the public official's domestic partner; is a 
parent, child, or sibling of the public official's domestic 
partner; or is the domestic partner of a child, parent, or 
sibling of the public official.

           *       *       *       *       *       *       *


Subpart D--Pay and Allowances

           *       *       *       *       *       *       *



CHAPTER 55--PAY ADMINISTRATION

           *       *       *       *       *       *       *



Subchapter VII--Payments to Missing Employees

           *       *       *       *       *       *       *



Sec. 5569. Benefits for captives*
---------------------------------------------------------------------------

    \*\As amended by bill section 704.
---------------------------------------------------------------------------
    (a) * * *

           *       *       *       *       *       *       *

    (j) The President may prescribe regulations necessary to 
administer this section. Such regulations shall include 
provisions to ensure that, in the administration of this 
section, a domestic partner (as that term is defined in section 
2501) shall be afforded the same status as a spouse.

           *       *       *       *       *       *       *


Sec. 5570. Compensation for disability or death*
---------------------------------------------------------------------------

    \*\As amended by bill section 705.
---------------------------------------------------------------------------
    (a) * * *

           *       *       *       *       *       *       *

    (h) Regulations to carry out this section shall include 
provisions to ensure that, in the administration of this 
section, a domestic partner (as that term is defined in section 
2501) shall be afforded the same status as a spouse.

           *       *       *       *       *       *       *


                Subchapter VIII--Settlement of Accounts


Sec. 5581. Definitions
---------------------------------------------------------------------------

    \\As amended by bill section 703(a), (c).
---------------------------------------------------------------------------
    For the purpose of this subchapter--
          (1) ``employee'' means--
                  (A) * * *
                  (B) an individual employed by the government 
                of the District of Columbia; but does not 
                include the employee of--
                          (i) * * *

           *       *       *       *       *       *       *

                          (iv) the Senate within the purview of 
                        section 36a of title 2; [and]
          (2) ``money due'' means the pay and allowances due on 
        account of the services of a deceased employee for the 
        Government of the United States or the government of 
        the District of Columbia. It includes, but is not 
        limited to--
                  (A) * * *

           *       *       *       *       *       *       *

It does not include benefits, refunds, or interest payable 
under subchapter III of chapter 83 of this title applicable to 
the service of the deceased employee, or amounts the 
disposition of which is otherwise expressly prescribed [by 
Federal statute.] by Federal statute; and
          (3) ``domestic partner'' has the meaning given it by 
        section 2501.

           *       *       *       *       *       *       *


Sec. 5582. Designation of beneficiary; order of precedence*
---------------------------------------------------------------------------

    \*\As amended by bill section 703(b).
---------------------------------------------------------------------------
    (a) * * *
    (b) In order to facilitate the settlement of the accounts 
of deceased employees, money due an employee at the time of his 
death shall be paid to the person or persons surviving at the 
date of death, in the following order of precedence, and the 
payment bars recovery by another person of amounts so paid:
    First, to the beneficiary or beneficiaries designated by 
the employee in a writing received in the employing agency 
before his death.
    Second, if there is no designated beneficiary, to the widow 
or widower (or surviving domestic partner) of the employee.
    Third, if none of the above, to the child or children of 
the employee and descendants of deceased children by 
representation.
    Fourth, if none of the above, to the parents of the 
employee or the survivor of them.
    Fifth, if none of the above, to the duly appointed legal 
representative of the estate of the employee.
    Sixth, if none of the above, to the person or persons 
entitled under the laws of the domicile of the employee at the 
time of his death.

           *       *       *       *       *       *       *


CHAPTER 57--TRAVEL, TRANSPORTATION, AND SUBSISTENCE

           *       *       *       *       *       *       *



Subchapter I--Travel and Subsistence Expenses; Mileage Allowances

           *       *       *       *       *       *       *



Sec. 5706c. Reimbursement for taxes incurred on money received for 
                    travel expenses
---------------------------------------------------------------------------

    \\As amended by bill section 501.
---------------------------------------------------------------------------
    (a) Under regulations prescribed pursuant to section 5707 
of this title, the head of an agency or department, or his or 
her designee, may use appropriations or other funds available 
to the agency for administrative expenses, for the 
reimbursement of Federal, State, and local income taxes 
incurred by an employee of the agency or by an employee and 
such employee's spouse [(if filing jointly),] (if filing 
jointly) (or by an employee and such employee's domestic 
partner (as that term is defined under section 2501), if joint 
filing is allowed and they file jointly), for any travel or 
transportation reimbursement made to an employee for which 
reimbursement or an allowance is provided.
    (b) Reimbursements under this section shall include an 
amount equal to all income taxes for which the [employee and 
spouse, as the case may be,] employee and spouse (or domestic 
partner), as the case may be, would be liable due to the 
reimbursement for the taxes referred to in subsection (a). In 
addition, reimbursements under this section shall include 
penalties and interest, for the tax years 1993 and 1994 only, 
as a result of agencies failing to withhold the appropriate 
amounts for tax liabilities of employees affected by the change 
in the deductibility of travel expenses made by Public Law 102-
486.

           *       *       *       *       *       *       *


  Subchapter II--Travel and Transportation Expenses; New Appointees, 
              Student Trainees, and Transferred Employees


Sec. 5721. Definitions*
---------------------------------------------------------------------------

    \*\As amended by bill section 502.
---------------------------------------------------------------------------
    For the purpose of this subchapter--
          (1) * * *

           *       *       *       *       *       *       *

          (6) ``United States'' means the several States, the 
        District of Columbia, the Commonwealth of Puerto Rico, 
        the Commonwealth of the Northern Mariana Islands, the 
        territories and possessions of the United States, and 
        the areas and installations in the Republic of Panama 
        that are made available to the United States pursuant 
        to the Panama Canal Treaty of 1977 and related 
        agreements (as described in section 3(a) of the Panama 
        Canal Act of 1979); [and]
          (7) ``Foreign Service of the United States'' means 
        the Foreign Service as constituted under the Foreign 
        Service Act of 1980[.]; and
          (8) ``domestic partner'' has the meaning given under 
        section 2501.

           *       *       *       *       *       *       *


Sec. 5724a. Relocation expenses of employees transferred or 
                    reemployed
---------------------------------------------------------------------------

    \\As amended by bill section 503.
---------------------------------------------------------------------------
    (a) * * *
    (b)(1) Under regulations prescribed under section 5738, an 
agency may pay to or on behalf of an employee who transfers in 
the interest of the Government between official stations 
located within the United States--
          (A) the expenses of transportation of the employee 
        and the [employee's spouse] employee's spouse (or 
        domestic partner) for travel to seek permanent 
        residence quarters at a new official station; and

           *       *       *       *       *       *       *


Sec. 5724b. Taxes on reimbursements for travel, transportation, and 
                    relocation expenses of employees 
                    transferred*
---------------------------------------------------------------------------

    \*\As amended by bill section 504.
---------------------------------------------------------------------------
    (a) Under regulations prescribed under section 5738 of this 
title and to the extent considered necessary and appropriate, 
as provided therein, appropriations or other funds available to 
an agency for administrative expenses are available for the 
reimbursement of substantially all of the Federal, State, and 
local income taxes incurred by an employee, or by an employee 
and such employee's spouse [(if filing jointly),] (if filing 
jointly) (or by an employee and such employee's domestic 
partner (if joint filing is allowed and they file jointly)), 
for any moving or storage expenses furnished in kind, or for 
which reimbursement or an allowance is provided (but only to 
the extent of the expenses paid or incurred). Reimbursements 
under this subsection shall also include an amount equal to all 
income taxes for which the [employee and spouse, as the case 
may be,] employee and spouse (or domestic partner), as the case 
may be, would be liable due to the reimbursement for the taxes 
referred to in the first sentence of this subsection.

           *       *       *       *       *       *       *


Sec. 5737. Relocation expenses of an employee who is performing an 
                    extended assignment
---------------------------------------------------------------------------

    \\As amended by bill section 505.
---------------------------------------------------------------------------
    (a) Under regulations prescribed under section 5738 of this 
title, an agency may pay to or on behalf of an employee 
assigned from the employee's official station to a duty station 
for a period of not less than six months and not greater than 
30 months, the following expenses in lieu of payment of 
expenses authorized under subchapter I of this chapter:
          (1) * * *

           *       *       *       *       *       *       *

          (4) Travel and transportation expenses of the 
        employee and spouse (or domestic partner) to seek new 
        residence quarters at the assignment location.

           *       *       *       *       *       *       *


Subpart E--Attendance and Leave

           *       *       *       *       *       *       *



CHAPTER 63--LEAVE

           *       *       *       *       *       *       *



Subchapter III--Voluntary Transfers of Leave

           *       *       *       *       *       *       *



Sec. 6333. Receipt and use of transferred leave*
---------------------------------------------------------------------------

    \*\As amended by bill section 701(a).
---------------------------------------------------------------------------
    (a) * * *

           *       *       *       *       *       *       *

    (d) Regulations to carry out this section shall include 
provisions to ensure that, in the administration of this 
section, a domestic partner (as that term is defined in section 
2501) shall be afforded the same status as a spouse.

           *       *       *       *       *       *       *


Subchapter IV--Voluntary Leave Bank Program

           *       *       *       *       *       *       *



Sec. 6362. General authority
---------------------------------------------------------------------------

    \\As amended by bill section 701(b).
---------------------------------------------------------------------------
    (a) Notwithstanding any provision of subchapter I, and 
subject to the provisions of this subchapter, the Office of 
Personnel Management shall establish a program under which--
          (1) * * *

           *       *       *       *       *       *       *

    (b) The established program under this section shall 
include provisions to ensure that, in the administration of 
this section, a domestic partner (as that term is defined in 
section 2501) shall be afforded the same status as a spouse.

           *       *       *       *       *       *       *


                 Subchapter V--Family and Medical Leave


Sec. 6381. Definitions=
---------------------------------------------------------------------------

    \=\As amended by bill section 702(a)(1).
---------------------------------------------------------------------------
    For the purpose of this subchapter--
          (1) * * *

           *       *       *       *       *       *       *

          (6) the term ``son or daughter'' means a biological, 
        adopted, or foster child, a stepchild, a legal ward, or 
        a child of a person standing in loco [parentis,] 
        parentis (or a biological, adopted, or foster child of 
        the domestic partner of the employee), who is--
                  (A) under 18 years of age; or
                  (B) 18 years of age or older and incapable of 
                self-care because of a mental or physical 
                disability;

           *       *       *       *       *       *       *


Sec. 6382. Leave requirement*
---------------------------------------------------------------------------

    \*\As amended by bill section 702(a)(2).
---------------------------------------------------------------------------
    (a)(1) Subject to section 6383, an employee shall be 
entitled to a total of 12 administrative workweeks of leave 
during any 12-month period for one or more of the following:
          (A) * * *

           *       *       *       *       *       *       *

          (C) In order to care for the [spouse,] spouse (or 
        domestic partner), or a son, daughter, or parent, of 
        the employee, if such [spouse,] spouse (or domestic 
        partner), son, daughter, or parent has a serious health 
        condition.

           *       *       *       *       *       *       *

    (e)(1) * * *
    (2) In any case in which the necessity for leave under 
subparagraph (C) or (D) of subsection (a)(1) or under 
subsection (a)(3) is foreseeable based on planned medical 
treatment, the employee--
          (A) shall make a reasonable effort to schedule the 
        treatment so as not to disrupt unduly the operations of 
        the employing agency, subject to the approval of the 
        health care provider of the employee or the health care 
        provider of the son, daughter, [spouse,] spouse (or 
        domestic partner), or parent of the employee, as 
        appropriate; and

           *       *       *       *       *       *       *


Sec. 6383. Certification
---------------------------------------------------------------------------

    \\As amended by bill section 702(a)(3).
---------------------------------------------------------------------------
    (a) An employing agency may require that a request for 
leave under subparagraph (C) or (D) of section 6382(a)(1) be 
supported by certification issued by the health care provider 
of the employee or of the son, daughter, [spouse,] spouse (or 
domestic partner), or parent of the employee, as appropriate. 
The employee shall provide, in a timely manner, a copy of such 
certification to the employing agency.
    (b) A certification provided under subsection (a) shall be 
sufficient if it states--
          (1) * * *

           *       *       *       *       *       *       *

          (4)(A) for purposes of leave under section 
        6382(a)(1)(C), a statement that the employee is needed 
        to care for the son, daughter, [spouse,] spouse (or 
        domestic partner), or parent, and an estimate of the 
        amount of time that such employee is needed to care for 
        such son, daughter, [spouse,] spouse (or domestic 
        partner), or parent; and
          (B) for purposes of leave under section 
        6382(a)(1)(D), a statement that the employee is unable 
        to perform the functions of the position of the 
        employee; and

           *       *       *       *       *       *       *


Subpart F--Labor-Management and Employee Relations

           *       *       *       *       *       *       *



CHAPTER 73--SUITABILITY, SECURITY, AND CONDUCT

           *       *       *       *       *       *       *



Subchapter IV--Foreign Gifts and Decorations

           *       *       *       *       *       *       *



Sec. 7342. Receipt and disposition of foreign gifts and 
                    decorations*
---------------------------------------------------------------------------

    \*\As amended by bill section 804.
---------------------------------------------------------------------------
    (a) For the purpose of this section--
         (1) ``employee'' means--
                  (A) * * *

           *       *       *       *       *       *       *

                  (G) the spouse (or domestic partner) of an 
                individual described in subparagraphs (A) 
                through (F) (unless such individual and his or 
                her spouse (or domestic partner) are separated) 
                or a dependent (within the meaning of section 
                152 of the Internal Revenue Code of 1986) of 
                such an individual, other than a spouse (or 
                domestic partner) or dependent who is an 
                employee under subparagraphs (A) through (F);

           *       *       *       *       *       *       *

          (5) ``minimal value'' means a retail value in the 
        United States at the time of acceptance of $100 or 
        less, except that--
                  (A) * * *
                  (B) regulations of an employing agency may 
                define ``minimal value'' for its employees to 
                be less than the value established under this 
                paragraph; [and]
          (6) ``employing agency'' means--
                  (A) * * *

           *       *       *       *       *       *       *

                  (D) the department, agency, office, or other 
                entity in which an employee is employed, for 
                other legislative branch employees and for all 
                executive branch employees[.]; and
          (7) ``domestic partner'' has the meaning given under 
        section 2501.

           *       *       *       *       *       *       *


                   Subpart G--Insurance and Annuities


CHAPTER 81--COMPENSATION FOR WORK INJURIES

           *       *       *       *       *       *       *



                        Subchapter I--Generally


Sec. 8101. Definitions
---------------------------------------------------------------------------

    \\As amended by bill section 601.
---------------------------------------------------------------------------
    For the purpose of this subchapter--
          (1) * * *

           *       *       *       *       *       *       *

          (8) ``brother'' and ``sister'' mean one who at the 
        time of the death of the employee is under 18 years of 
        age or over that age and incapable of self-support, and 
        include stepbrothers and stepsisters, half brothers and 
        half sisters, and brothers and sisters by adoption, but 
        do not include [married brothers or married sisters;] 
        any brother or sister who is married (or is in a 
        domestic partnership);
          (9) ``child'' means one who at the time of the death 
        of the employee is under 18 years of age or over that 
        age and incapable of self-support, and includes 
        stepchildren (or children of the employee's domestic 
        partner, if the employee was a Federal employee), 
        adopted children, and posthumous children, but does not 
        include [married children] any child who is married (or 
        in a domestic partnership);

           *       *       *       *       *       *       *

          (19) ``organ'' means a part of the body that performs 
        a special function, and for purposes of this subchapter 
        excludes the brain, heart, and back; [and]
          (20) ``United States medical officers and hospitals'' 
        includes medical officers and hospitals of the Army, 
        Navy, Air Force, Department of Veterans Affairs, and 
        United States Public Health Service, and any other 
        medical officer or hospital designated as a United 
        States medical officer or hospital by the Secretary of 
        Labor[.];
          (21) the term ``domestic partner'' means either of 
        the individuals in a domestic partnership;
          (22) the term ``domestic partnership'' means a 
        relationship between 2 individuals of the same sex that 
        meets the conditions of subparagraphs (A) and (B)--
                  (A) except as provided in subparagraph (B), 
                the term means a relationship established under 
                section 2502 and not dissolved under that 
                section;
                  (B) if neither of the 2 individuals is an 
                employee within the meaning of section 2501, 
                but if at least 1 of them is a covered Federal 
                employee, the term means a relationship 
                established under section 2502 and not 
                dissolved under that section, except that--
                          (i) notwithstanding the requirement 
                        in section 2502(a)(2)(A)(ii), each of 
                        the individuals shall attest that the 
                        individual who files the application 
                        and affidavit is a covered Federal 
                        employee; and
                          (ii) the Secretary of Labor shall 
                        exercise the authorities of the 
                        Director under section 2502 with 
                        respect to the domestic partnership, 
                        and shall do so under any applicable 
                        regulations issued by the Director 
                        (except insofar as may be necessitated 
                        by different circumstances);
          (23) the term ``Federal employee''--
                  (A) means--
                          (i) an individual referred to in 
                        subparagraph (A) or (B) of paragraph 
                        (1) (subject to the exclusions 
                        following subparagraph (E) of that 
                        paragraph); or
                          (ii) any other individual who is 
                        eligible for coverage under this 
                        subchapter based on such individual's 
                        employment with or other service to the 
                        United States; and
                  (B) shall not include any individual who is 
                eligible for coverage under this subchapter 
                based on the individual's service performed as 
                the employee of any employer other than an 
                entity of the United States; and
          (24) the term ``surviving partner'' means the 
        domestic partner in a domestic partnership with the 
        decedent at the time of his or her death if the 
        decedent was a Federal employee.

           *       *       *       *       *       *       *


Sec. 8102a. Death gratuity for injuries incurred in connection with 
                    employee's service with an Armed Force*
---------------------------------------------------------------------------

    \*\As amended by bill section 602.
---------------------------------------------------------------------------
    (a) * * *

           *       *       *       *       *       *       *

    (d) Eligible Survivors.--
          (1) Subject to paragraph (5), a death gratuity 
        payable upon the death of a person covered by 
        subsection (a) shall be paid to or for the living 
        survivor highest on the following list:
                  (A) The employee's [surviving spouse.] 
                surviving spouse (or surviving partner).

           *       *       *       *       *       *       *

          (2) Paragraph (1)(B) applies, without regard to age 
        or marital status, to--
                  (A) * * *

           *       *       *       *       *       *       *

                  (C) stepchildren (or children of the 
                employee's domestic partner, if the employee 
                was a covered Federal employee) who were a part 
                of the decedent's household at the time of 
                death;

           *       *       *       *       *       *       *


Sec. 8109. Beneficiaries of awards unpaid at death; order of 
                    precedence
---------------------------------------------------------------------------

    \\As amended by bill section 603.
---------------------------------------------------------------------------
    (a) If an individual--
          (1) * * *

           *       *       *       *       *       *       *

the compensation specified by the schedule that is unpaid at 
his death, whether or not accrued or due at his death, shall be 
paid--
                  (A) * * *

           *       *       *       *       *       *       *

                  (D) in the following order of precedence:
                          (i) If there is no child, to [the 
                        widow or widower.] the widow or widower 
                        (or the surviving partner).
                          (ii) If there are both a widow or 
                        widower (or a surviving domestic 
                        partner) and a child or children, one-
                        half to the widow or widower (or the 
                        surviving partner) and one-half to the 
                        child or children.
                          (iii) If there is [no widow or 
                        widower] no widow or widower (and no 
                        surviving partner), to the child or 
                        children.

           *       *       *       *       *       *       *


Sec. 8110. Augmented compensation for dependents*
---------------------------------------------------------------------------

    \*\As amended by bill section 604.
---------------------------------------------------------------------------
    (a) For the purpose of this section, ``dependent'' means--
          (1) * * *

           *       *       *       *       *       *       *

          (3) [an unmarried child] a child who is unmarried 
        (and not in a domestic partnership), while living with 
        the employee or receiving regular contributions from 
        the employee toward his support, and who is--
                  (A) * * *
                  (B) over 18 years of age and incapable of 
                self-support because of a physical or mental 
                disability; [and]
          (4) a parent, while wholly dependent on and supported 
        by the employee[.]; and
          (5) a domestic partner, if--
                  (A) he or she is a member of the same 
                household as the employee;
                  (B) he or she is receiving regular 
                contributions from the employee for his or her 
                support; or
                  (C) the employee has been ordered by a court 
                to contribute to his or her support.
Notwithstanding paragraph (3) of this subsection, compensation 
payable for a child that would otherwise end because the child 
has reached 18 years of age shall continue if he is a student 
as defined by section 8101 of this title at the time he reaches 
18 years of age for so long as he continues to be such a 
student or until [he marries] he marries (or enters into a 
domestic partnership).

           *       *       *       *       *       *       *


Sec. 8116. Limitations on right to receive compensation*
---------------------------------------------------------------------------

    \*\As amended by bill section 605.
---------------------------------------------------------------------------
    (a) * * *

           *       *       *       *       *       *       *

    (c) The liability of the United States or an 
instrumentality thereof under this subchapter or any extension 
thereof with respect to the injury or death of an employee is 
exclusive and instead of all other liability of the United 
States or the instrumentality to the employee, his legal 
representative, [spouse,] spouse (or domestic partner) 
dependents, next of kin, and any other person otherwise 
entitled to recover damages from the United States or the 
instrumentality because of the injury or death in a direct 
judicial proceeding, in a civil action, or in admiralty, or by 
an administrative or judicial proceeding under a workmen's 
compensation statute or under a Federal tort liability statute. 
However, this subsection does not apply to a master or a member 
of a crew of a vessel.

           *       *       *       *       *       *       *


Sec. 8133. Compensation in case of death
---------------------------------------------------------------------------

    \\As amended by bill section 606.
---------------------------------------------------------------------------
    (a) If death results from an injury sustained in the 
performance of duty, the United States shall pay a monthly 
compensation equal to a percentage of the monthly pay of the 
deceased employee in accordance with the following schedule:
          (1) To [the widow or widower,] the widow or widower 
        (or the surviving partner), if there is no child, 50 
        percent.
          (2) To [the widow or widower,] the widow or widower 
        (or the surviving partner), if there is a child, 45 
        percent and in addition 15 percent for each child not 
        to exceed a total of 75 percent for the widow or 
        widower (or the surviving partner) and children.
          (3) To the children, if there is [no widow or 
        widower,] no widow or widower (and no surviving 
        partner), 40 percent for one child and 15 percent 
        additional for each additional child not to exceed a 
        total of 75 percent, divided among the children share 
        and share alike.
          (4) To the parents, if there is no widow, [widower,] 
        widower (or surviving partner), or child, as follows--
                (A) * * *

           *       *       *       *       *       *       *

        If there is a widow, [widower,] widower (or surviving 
        partner), or child, so much of the percentages are 
        payable as, when added to the total percentages payable 
        to the widow, [widower,] widower (or surviving 
        partner), and children, will not exceed a total of 75 
        percent.
          (5) To the brothers, sisters, grandparents, and 
        grandchildren, if there is no widow, [widower,] widower 
        (or surviving partner), child, or dependent parent, as 
        follows--
                  (A) * * *

           *       *       *       *       *       *       *

        If there is a widow, [widower,] widower (or surviving 
        partner), child, or dependent parent, so much of the 
        percentages are payable as, when added to the total 
        percentages payable to the widow, [widower,] widower 
        (or surviving partner), children, and dependent 
        parents, will not exceed a total of 75 percent.
    (b) The compensation payable under subsection (a) of this 
section is paid from the time of death until--
          [(1) a widow, or widower dies or remarries before 
        reaching age 55;]
          (1) a widow or widower dies or remarries (or enters 
        into a domestic partnership) (or a surviving partner 
        dies or enters into a subsequent domestic partnership 
        or marries) before reaching age 55;
          (2) a child, a brother, a sister, or a grandchild 
        dies, [marries,] marries (or enters into a domestic 
        partnership), or becomes 18 years of age, or if over 
        age 18 and incapable of self-support becomes capable of 
        self-support; or
          (3) a parent or grandparent dies, [marries,] marries 
        (or enters into a domestic partnership), or ceases to 
        be dependent.
Notwithstanding paragraph (2) of this subsection, compensation 
payable to or for a child, a brother or sister, or grandchild 
that would otherwise end because the child, brother or sister, 
or grandchild has reached 18 years of age shall continue if he 
is a student as defined by section 8101 of this title at the 
time he reaches 18 years of age for so long as he continues to 
be such a student or until he [marries.] marries (or enters 
into a domestic partnership). A widow or widower who has 
entitlements to benefits under this title derived from more 
than one husband or wife (or domestic partner) (or a surviving 
partner who has entitlements to benefits under this title 
derived from more than one domestic partner or spouse) shall 
elect one entitlement to be utilized.

           *       *       *       *       *       *       *


Sec. 8135. Lump-sum payment*
---------------------------------------------------------------------------

    \*\As amended by bill section 607.
---------------------------------------------------------------------------
    (a) The liability of the United States for compensation to 
a beneficiary in the case of death or of permanent total or 
permanent partial disability may be discharged by a lump-sum 
payment equal to the present value of all future payments of 
compensation computed at 4 percent true discount compounded 
annually if--
          (1) * * *

           *       *       *       *       *       *       *

The probability of the death of the beneficiary before the 
expiration of the period during which he is entitled to 
compensation shall be determined according to the most current 
United States Life Tables, as developed by the United States 
Department of Health, Education, and Welfare, which shall be 
updated from time to time, but the lump-sum payment to a widow 
or widower (or surviving partner) of the deceased employee may 
not exceed 60 months' compensation. The probability of the 
happening of any other contingency affecting the amount or 
duration of compensation shall be disregarded.
    [(b) On remarriage before reaching age 55 a widow or 
widower entitled to compensation under section 8133 of this 
title, shall be paid a lump sum equal to twenty-four times the 
monthly compensation payment (excluding compensation on account 
of another individual) to which he was entitled immediately 
before the remarriage.]
    (b) A widow or widower on remarriage (or on entry into a 
domestic partnership) before reaching age 55 (or a surviving 
partner on entry into a subsequent domestic partnership or on 
marriage before age 55) who is entitled to compensation under 
section 8133 of this title, shall be paid a lump sum equal to 
24 times the monthly compensation payment (excluding 
compensation on account of another individual) to which that 
individual was entitled immediately before the remarriage (or 
marriage or entry into a domestic partnership).

           *       *       *       *       *       *       *


Subchapter II--Employees of Nonappropriated Fund Instrumentalities

           *       *       *       *       *       *       *



Sec. 8171. Compensation for work injuries; generally\*\
---------------------------------------------------------------------------

    *As amended by bill section 608(a).
---------------------------------------------------------------------------
    (a) * * *

           *       *       *       *       *       *       *

    (e) For the purpose of this subchapter--
          (1) the term ``domestic partner'' means either of the 
        individuals in a domestic partnership;
          (2) the term ``domestic partnership'' means a 
        relationship between 2 individuals of the same sex that 
        meets the conditions of subparagraphs (A) and (B)--
                  (A) except as provided in subparagraph (B), 
                the term means a relationship established under 
                section 2502 and not dissolved under that 
                section; and
                  (B) if neither of the 2 individuals is an 
                employee described in subsection (a), but if at 
                least 1 of them is a volunteer described in 
                subsection (a), the term means a relationship 
                established under section 2502 and not 
                dissolved under that section, except that--
                          (i) the Secretary of Labor shall 
                        exercise the authorities of the 
                        Director under that section with 
                        respect to the domestic partnership; 
                        and
                          (ii) notwithstanding the requirement 
                        in section 2502(a)(2)(A)(ii), each of 
                        the individuals shall attest that the 
                        individual who files the application 
                        and affidavit is such a volunteer;
          (3) the term ``surviving partner'' means the 
        decedent's domestic partner at the time of his or her 
        death;
          (4) in the Longshore and Harbor Workers' Compensation 
        Act--
                  (A) section 2(14) shall apply as though--
                          (i) the term ``(or child of the 
                        domestic partner of an employee or 
                        volunteer referred to in section 
                        8171(a) of title 5, United States 
                        Code)'' were inserted after 
                        ``stepchild''; and
                          (ii) the term ``(or children in 
                        domestic partnerships)'' were inserted 
                        after ``married children'', ``(or 
                        brothers in domestic partnerships)'' 
                        were inserted after ``married 
                        brothers'', and ``(or sisters in 
                        domestic partnerships)'' were inserted 
                        after ``married sister'';
                  (B) in section 8(d)(1)--
                          (i) subparagraphs (A), (C), and (D) 
                        shall apply as though the term ``(or 
                        surviving partner)'' were inserted 
                        after ``widow or widower'' each time it 
                        appears; and
                          (ii) subparagraph (D) shall apply as 
                        though the term ``wife, husband,'' were 
                        struck and ``wife or husband (or 
                        domestic partner)'' were inserted; and
                  (C) in section 9--
                          (i) subsection (b) shall apply as 
                        though the portion of the first 
                        sentence up to and including the sixth 
                        comma reads as follows: ``If there be a 
                        widow or widower (or surviving partner) 
                        and no child of the deceased, to such 
                        widow or widower (or surviving partner) 
                        50 per centum of the average wages of 
                        the deceased, during widowhood, or 
                        dependent widowerhood (or during the 
                        existence of the domestic partnership, 
                        as the case may be), with 2 years' 
                        compensation in 1 sum upon remarriage 
                        (or entry into a domestic partnership) 
                        of such widow or widower (or entry into 
                        another domestic partnership or 
                        marriage of such surviving partner); 
                        and if there be a surviving child or 
                        children of the deceased, the 
                        additional amount of 16 2/3 per centum 
                        of such wages for each such child; in 
                        case of the death or remarriage (or 
                        entry into a domestic partnership) of 
                        such widow or widower (or entry into 
                        another domestic partnership or a 
                        marriage of such surviving partner),'';
                          (ii) subsection (c) shall apply as 
                        though the portion of the subsection up 
                        to and including the fourth comma reads 
                        as follows: ``If there be 1 surviving 
                        child of the deceased, but no widow or 
                        widower (or surviving partner), then 
                        for the support of such child 50 per 
                        centum of the wages of the deceased; 
                        and if there be more than 1 surviving 
                        child of the deceased, but no widow or 
                        dependent husband (or surviving 
                        partner),'';
                          (iii) subsection (d) shall apply as 
                        though--
                                  (I) the portion of the first 
                                sentence up through the word 
                                ``children'' reads as follows: 
                                ``If there be no surviving wife 
                                or husband (or surviving 
                                domestic partner) or child, or 
                                if the amount payable to a 
                                surviving wife or husband (or 
                                surviving domestic partner) and 
                                to children''; and
                                  (II) the second sentence 
                                reads as follows: ``But in no 
                                case shall the aggregate amount 
                                payable under this subsection 
                                exceed the difference between 
                                66\2/3\ per centum of such 
                                wages and the amount payable as 
                                hereinbefore provided to widow 
                                or widower (or surviving 
                                partner) and for the support of 
                                surviving child or children.'';
                          (iv) subsection (g) shall apply as 
                        though the term ``(or surviving 
                        domestic partner)'' were inserted after 
                        ``surviving wife'' each time it 
                        appears; and
                          (v) section 31(b)(2)(C) shall apply 
                        as though the term ``(or domestic 
                        partner)'' were inserted after 
                        ``spouse''.

           *       *       *       *       *       *       *


Sec. 8173. Liability under this subchapter exclusive\*\
---------------------------------------------------------------------------

    \*\As amended by bill section 608(b).
---------------------------------------------------------------------------
    The liability of the United States or of a nonappropriated 
fund instrumentality described by section 2105(c) of this 
title, with respect to the disability or death resulting from 
injury, as defined by section 2(2) of the Longshore and Harbor 
Workers' Compensation Act (33 U.S.C. 902(2)), of an employee 
referred to by sections 8171 and 8172 of this title, shall be 
determined as provided by this subchapter. This liability is 
exclusive and instead of all other liability of the United 
States or the instrumentality to the employee, his legal 
representative, [spouse,] spouse (or domestic partner) 
dependents, next of kin, and any other person otherwise 
entitled to recover damages from the United States or the 
instrumentality because of the disability or death in a direct 
judicial proceeding, in a civil action, or in admiralty, or by 
an administrative or judicial proceeding under a workmen's 
compensation statute or under a Federal tort liability statute.

           *       *       *       *       *       *       *


CHAPTER 83--RETIREMENT

           *       *       *       *       *       *       *



Subchapter III--Civil Service Retirement

           *       *       *       *       *       *       *



Sec. 8331. Definitions\\
---------------------------------------------------------------------------

    \\As amended by bill section 201.
---------------------------------------------------------------------------
    For the purpose of this subchapter--
          (1) * * *

           *       *       *       *       *       *       *

          (30) the term ``air traffic controller'' or 
        ``controller'' means--
                  (A) * * *
                  (B) a civilian employee of the Department of 
                Transportation or the Department of Defense who 
                is the immediate supervisor of a person 
                described in section 2109(1)(B); [and]
          (31) ``customs and border protection officer'' means 
        an employee in the Department of Homeland Security (A) 
        who holds a position within the GS-1895 job series 
        (determined applying the criteria in effect as of 
        September 1, 2007) or any successor position, and (B) 
        whose duties include activities relating to the arrival 
        and departure of persons, conveyances, and merchandise 
        at ports of entry, including any such employee who is 
        transferred directly to a supervisory or administrative 
        position in the Department of Homeland Security after 
        performing such duties (as described in subparagraph 
        (B)) in 1 or more positions (as described in 
        subparagraph (A)) for at least 3 years [.];
          (32) ``domestic partner'' and ``domestic 
        partnership'' have the meanings given under section 
        2501;
          (33) ``Federal employee''' means an elected official 
        of the United States or an employee of any entity of 
        the United States; and
          (34) ``former domestic partner'' means a former 
        domestic partner of an individual--
                  (A) if such individual performed at least 18 
                months of civilian service as a Federal 
                employee; and
                  (B) if the former domestic partner was in a 
                domestic partnership with such individual for 
                at least 9 months.

Sec. 8332. Creditable service\*\
---------------------------------------------------------------------------

    \*\As amended by bill section 202.
---------------------------------------------------------------------------
    (a) * * *

           *       *       *       *       *       *       *

    (c)(1) * * *

           *       *       *       *       *       *       *

    (3)(A) * * *

           *       *       *       *       *       *       *

    (C) The Office of Personnel Management shall prescribe 
regulations to carry out this paragraph, including regulations 
under which--
          (i) * * *
          (ii) this paragraph shall be carried out in any case 
        which involves a [former spouse.] former spouse (or 
        former domestic partner).

           *       *       *       *       *       *       *

    (o)(1) * * *

           *       *       *       *       *       *       *

  (4) The Office of Personnel Management shall prescribe any 
regulations necessary to carry out this subsection. Such 
regulations shall include--
          (A) * * *
          (B) provisions under which the Office may provide 
        for--
                          (i) the payment, to the [spouse] 
                        spouse (or domestic partner) or 
                        children of any individual referred to 
                        in the first sentence of paragraph (1), 
                        of any amounts which (but for this 
                        clause) would otherwise have been 
                        nonpayable by reason of such first 
                        sentence, subject to paragraph (5); and

           *       *       *       *       *       *       *

  (5) Regulations to carry out clause (i) of paragraph (4)(B) 
shall include provisions to ensure that the authority to make 
any payment to the [spouse] spouse (or domestic partner) or 
children of an individual under such clause shall be available 
only to the extent that the application of such clause is 
considered necessary and appropriate taking into account the 
totality of the circumstances, including the financial needs of 
the [spouse] spouse (or domestic partner) or children, whether 
the [spouse] spouse (or domestic partner) or children 
participated in an offense described in paragraph (2) of which 
such individual was finally convicted, and what measures, if 
any, may be necessary to ensure that the convicted individual 
does not benefit from any such payment.

           *       *       *       *       *       *       *


Sec. 8339. Computation of annuity\*\
---------------------------------------------------------------------------

    \*\As amended by bill section 203.
---------------------------------------------------------------------------
    (a) * * *

           *       *       *       *       *       *       *

    (j)(1) The annuity computed under subsections (a)-(i), (n), 
(q), (r), and (s) (or a portion of the annuity, if jointly 
designated for this purpose by the employee or Member and the 
spouse (or domestic partner) of the employee or Member under 
procedures prescribed by the Office of Personnel Management) 
for an employee or Member who is married (or has a domestic 
partner) at the time of retiring under this subchapter is 
reduced as provided in paragraph (4) of this subsection in 
order to provide a survivor annuity for the spouse (or domestic 
partner) under section 8341(b) of this title, unless the 
employee or Member and the spouse (or domestic partner) jointly 
waive the spouse's (or domestic partner's) right to a survivor 
annuity in a written election filed with the Office at the time 
that the employee or Member retires. Each such election shall 
be made in accordance with such requirements as the Office 
shall, by regulation, prescribe, and shall be irrevocable. The 
Office shall provide, by regulation, that an employee or Member 
may waive the survivor annuity without the spouse's (or 
domestic partner's) consent if the employee or Member 
establishes to the satisfaction of the Office--
          (A) that the spouse's (or domestic partner's) 
        whereabouts cannot be determined, or
          (B) that, due to exceptional circumstances, requiring 
        the employee or Member to seek the spouse's (or 
        domestic partner's) consent would otherwise be 
        inappropriate.
  (2) If an employee or Member has a former spouse (or former 
domestic partner) who is entitled to a survivor annuity as 
provided in section 8341(h) of this title, the annuity of the 
employee or Member computed under subsections (a)-(i), (n), 
(q), (r), and (s) (or any designated portion of the annuity, in 
the event that the former spouse (or former domestic partner) 
is entitled to less than 55 percent of the employee or Member's 
annuity) is reduced as provided in paragraph (4) of this 
subsection.
  (3) An employee or Member who has a former spouse (or former 
domestic partner) may elect, under procedures prescribed by the 
Office, to have the annuity computed under subsections (a)-(i), 
(n), (q), (r), and (s) or a portion thereof reduced as provided 
in paragraph (4) of this subsection in order to provide a 
survivor annuity for such former spouse (or former domestic 
partner) under section 8341(h) of this title, unless all rights 
to survivor benefits for such former spouse (or former domestic 
partner) under this subchapter based on marriage to (or being 
in a domestic partnership with) such employee or Member were 
waived under paragraph (1) of this subsection. An election 
under this paragraph shall be made at the time of retirement 
or, if later, within 2 years after the date on which the 
marriage of the former spouse to (or the domestic partnership 
of the former domestic partner with) the employee or Member [is 
dissolved,] is dissolved (or terminated), subject to a deposit 
in the Fund by the retired employee or Member of an amount 
determined by the Office, as nearly as may be administratively 
feasible, to reflect the amount by which the annuity of such 
employee or Member would have been reduced if the election had 
been continuously in effect since the date the annuity 
commenced, plus interest. For the purposes of the preceding 
sentence, the annual rate of interest for each year during 
which the annuity would have been reduced if the election had 
been in effect since the date the annuity commenced shall be 6 
percent. The Office shall, by regulation, provide for payment 
of the deposit required under this paragraph by a reduction in 
the annuity of the employee or Member. The reduction shall, to 
the extent practicable, be designed so that the present value 
of the future reduction is actuarially equivalent to the 
deposit required under this paragraph, except that the total 
reductions in the annuity of an employee or Member to pay 
deposits required by the provisions of this paragraph, 
paragraph (5), or subsection (k)(2) shall not exceed 25 percent 
of the annuity computed under subsections (a) through (i), (n), 
(q), and (r), including adjustments under section 8340. The 
reduction, which shall be effective on the same date as the 
election under this paragraph, shall be permanent and 
unaffected by any future termination of the entitlement of the 
[former spouse.] former spouse (or former domestic partner). 
Such reduction shall be independent of and in addition to the 
reduction required under the first sentence of this paragraph. 
An election under this paragraph--
          (A) * * *
          (B) shall not be effective, in the case of an 
        employee or Member who [is then married,] is then 
        married (or is then in a domestic partnership), unless 
        it is made with the [spouse's written consent.] the 
        written consent of the spouse (or domestic partner).
The Office shall provide by regulation that subparagraph (B) of 
this paragraph may be waived for either of the reasons set 
forth in the last sentence of paragraph (1) of this subsection. 
[In the case of a retired employee or Member whose annuity is 
being reduced in order to provide a survivor annuity for a 
former spouse, an election to provide or increase a survivor 
annuity for any other former spouse (and to continue an 
appropriate reduction) may be made within the same period that, 
and subject to the same conditions under which, an election 
could be made under paragraph (5)(B) of this subsection for a 
current spouse (subject to the provisions of this paragraph 
relating to consent of a current spouse, if the retired 
employee or Member is then married).] In the case of a retired 
employee or Member whose annuity is being reduced in order to 
provide a survivor annuity for a former spouse (or former 
domestic partner), an election to provide or increase a 
survivor annuity for any other former spouse (or any other 
former domestic partner), and to continue an appropriate 
reduction for that purpose, may be made within the same period 
that, and subject to the same conditions under which, an 
election could be made under paragraph (5)(B) for a current 
spouse (or a current domestic partner), subject to the 
provisions of this paragraph relating to consent of a current 
spouse (or of a current domestic partner), if the retired 
employee or Member is then married (or in a domestic 
partnership). The opportunity to make an election under the 
preceding sentence is in addition to any opportunity otherwise 
afforded under this paragraph.

           *       *       *       *       *       *       *

  [(5)(A) Any reduction in an annuity for the purpose of 
providing a survivor annuity for the current spouse of a 
retired employee or Member shall be terminated for each full 
month--
          [(i) after the death of the spouse, or
          [(ii) after the dissolution of the spouse's marriage 
        to the employee or Member, except that an appropriate 
        reduction shall be made thereafter if the spouse is 
        entitled, as a former spouse, to a survivor annuity 
        under section 8341(h) of this title.
  [(B) Any reduction in an annuity for the purpose of providing 
a survivor annuity for a former spouse of a retired employee or 
Member shall be terminated for each full month after the former 
spouse remarries before reaching age 55 or dies. This reduction 
shall be replaced by an appropriate reduction or reductions 
under paragraph (4) of this subsection if the retired employee 
or Member has (i) another former spouse who is entitled to a 
survivor annuity under section 8341(h) of this title, (ii) a 
current spouse to whom the employee or Member was married at 
the time of retirement and with respect to whom a survivor 
annuity was not jointly waived under paragraph (1) of this 
subsection, or (iii) a current spouse whom the employee or 
Member married after retirement and with respect to whom an 
election has been made under subparagraph (C) of this paragraph 
or subsection (k)(2) of this section.
  [(C)(i) Upon remarriage, a retired employee or Member who was 
married at the time of retirement (including an employee or 
Member whose annuity was not reduced to provide a survivor 
annuity for the employee or Member's spouse or former spouse as 
of the time of retirement) may irrevocably elect during such 
marriage, in a signed writing received by the Office within 2 
years after such remarriage or, if later, within 2 years after 
the death or remarriage of any former spouse of such employee 
or Member who was entitled to a survivor annuity under section 
8341(h) of this title (or of the last such surviving former 
spouse, if there was more than one), a reduction in the 
employee or Member's annuity under paragraph (4) of this 
subsection for the purpose of providing an annuity for such 
employee or Member's spouse in the event such spouse survives 
the employee or Member.
  [(ii) Such election and reduction shall be effective the 
first day of the second month after the election is received by 
the Office, but not less than 9 months after the date of the 
remarriage, and the retired employee or Member shall deposit in 
the Fund an amount determined by the Office of Personnel 
Management, as nearly as may be administratively feasible, to 
reflect the amount by which the annuity of such retired 
employee or Member would have been reduced if the election had 
been in effect since the date of retirement or, if later, the 
date the previous reduction in such retired employee or 
Member's annuity was terminated under subparagraph (A) or (B) 
of this paragraph, plus interest. For the purposes of the 
preceding sentence, the annual rate of interest for each year 
during which an annuity would have been reduced if the election 
had been in effect on and after the applicable date referred to 
in such sentence shall be 6 percent.
  [(iii) The Office shall, by regulation, provide for payment 
of the deposit required under clause (ii) by a reduction in the 
annuity of the employee or Member. The reduction shall, to the 
extent practicable, be designed so that the present value of 
the future reduction is actuarially equivalent to the deposit 
required under clause (ii), except that total reductions in the 
annuity of an employee or Member to pay deposits required by 
the provisions of this paragraph or paragraph (3) shall not 
exceed 25 percent of the annuity computed under subsections (a) 
through (i), (n), (q), and (r), including adjustments under 
section 8340. The reduction required by this clause, which 
shall be effective on the same date as the election under 
clause (i), shall be permanent and unaffected by any future 
termination of the marriage. Such reduction shall be 
independent of and in addition to the reduction required under 
clause (i).
  [(iv) Notwithstanding any other provision of this 
subparagraph, an election under this subparagraph may not be 
made for the purpose of providing an annuity in the case of a 
spouse by remarriage if such spouse was married to the employee 
or Member at the time of such employee or Member's retirement, 
and all rights to survivor benefits for such spouse under this 
subchapter based on marriage to such employee or Member were 
then waived under paragraph (1) of this subsection or a similar 
prior provision of law.
  [(v) An election to provide a survivor annuity to a person 
under this subparagraph--
          [(I) shall prospectively void any election made by 
        the employee or Member under subsection (k)(1) of this 
        section with respect to such person; or
          [(II) shall, if an election was made by the employee 
        or Member under such subsection (k)(1) with respect to 
        a different person, prospectively void such election if 
        appropriate written application is made by such 
        employee or Member at the time of making the election 
        under this subparagraph.
  [(vi) The deposit provisions of clauses (ii) and (iii) of 
this subparagraph shall not apply if--
          [(I) the employee or Member makes an election under 
        this subparagraph after having made an election under 
        subsection (k)(1) of this section; and
          [(II) the election under such subsection (k)(1) 
        becomes void under clause (v) of this subparagraph.]
  (5)(A) Any reduction in an annuity for the purpose of 
providing a survivor annuity for the current spouse (or the 
current domestic partner) of a retired employee or Member shall 
be terminated for each full month--
          (i) after the death of the spouse (or domestic 
        partner), or
          (ii) after the dissolution of the marriage of the 
        spouse (or the termination of the domestic partnership 
        of the domestic partner) to the employee or Member,
except that an appropriate reduction shall be made thereafter 
if the spouse (or domestic partner) is entitled, as a former 
spouse (or former domestic partner), to a survivor annuity 
under section 8341(h).
  (B) Any reduction in an annuity for the purpose of providing 
a survivor annuity for a former spouse (or a former domestic 
partner) of a retired employee or Member shall be terminated 
for each full month after the former spouse remarries (or 
enters into a domestic partnership) (or the former domestic 
partner enters into a subsequent domestic partnership or 
marries) before reaching age 55 or dies. This reduction shall 
be replaced by an appropriate reduction or reductions under 
paragraph (4) if the retired employee or Member has (i) another 
former spouse (or another former domestic partner) who is 
entitled to a survivor annuity under section 8341(h), (ii) a 
current spouse to whom the employee or Member was married (or a 
current domestic partner with whom the employee or Member was 
in a domestic partnership) at the time of retirement and with 
respect to whom a survivor annuity was not jointly waived under 
paragraph (1), or (iii) a current spouse whom the employee or 
Member married (or a current domestic partner with whom the 
employee or Member entered into domestic partnership) after 
retirement and with respect to whom an election has been made 
under subparagraph (C) or subsection (k)(2).
  (C)(i) Upon entry into a subsequent marriage (or domestic 
partnership), a retired employee or Member who was married (or 
in a domestic partnership) at the time of retirement, including 
an employee or Member whose annuity was not reduced to provide 
a survivor annuity for the employee's or Member's spouse or 
former spouse (or domestic partner or former domestic partner) 
as of the time of retirement, may irrevocably elect during such 
marriage (or domestic partnership), in a signed writing 
received by the Office--
          (I) within 2 years after such entry into a subsequent 
        marriage (or domestic partnership), or
          (II) if later, within 2 years after--
                  (aa) the death of or entry into a subsequent 
                marriage (or domestic partnership) by any 
                former spouse (or former domestic partner) of 
                such employee or Member who was entitled to a 
                survivor annuity under section 8341(h), or
                  (bb) if there was more than 1, the death of 
                or entry into a subsequent marriage (or 
                domestic partnership) by the last such 
                surviving former spouse (or former domestic 
                partner),
a reduction in the employee's or Member's annuity under 
paragraph (4) for the purpose of providing an annuity for such 
employee's or Member's spouse (or domestic partner) in the 
event such spouse (or domestic partner) survives the employee 
or Member.
  (ii) Such election and reduction shall be effective the first 
day of the second month after the election is received by the 
Office, but not less than 9 months after the date of the 
subsequent marriage (or entry into the subsequent domestic 
partnership), and the retired employee or Member shall deposit 
in the Fund an amount determined by the Office of Personnel 
Management, as nearly as may be administratively feasible, to 
reflect the amount by which the annuity of such retired 
employee or Member would have been reduced if the election had 
been in effect since the date of retirement or, if later, the 
date the previous reduction in such retired employee's or 
Member's annuity was terminated under subparagraph (A) or (B), 
plus interest. For the purposes of the preceding sentence, the 
annual rate of interest for each year during which an annuity 
would have been reduced if the election had been in effect on 
and after the applicable date referred to in such sentence 
shall be 6 percent.
  (iii) The Office shall, by regulation, provide for payment of 
the deposit required under clause (ii) by a reduction in the 
annuity of the employee or Member. The reduction shall, to the 
extent practicable, be designed so that the present value of 
the future reduction is actuarially equivalent to the deposit 
required under clause (ii), except that total reductions in the 
annuity of an employee or Member to pay deposits required by 
the provisions of this paragraph or paragraph (3) shall not 
exceed 25 percent of the annuity computed under subsections (a) 
through (i), (n), (q), and (r), including adjustments under 
section 8340. The reduction required by this clause, which 
shall be effective on the same date as the election under 
clause (i), shall be permanent and unaffected by any future 
dissolution of the marriage (or termination of the domestic 
partnership). Such reduction shall be independent of and in 
addition to the reduction required under clause (i).
  (iv) Notwithstanding any other provision of this 
subparagraph, an election under this subparagraph may not be 
made for the purpose of providing an annuity in the case of a 
spouse by remarriage (or a domestic partner by a subsequent 
domestic partnership) if such spouse was married to (or if such 
domestic partner was in a domestic partnership with) the 
employee or Member at the time of such employee's or Member's 
retirement, and all rights to survivor benefits for such spouse 
(or domestic partner) under this subchapter based on marriage 
(or domestic partnership) to such employee or Member were then 
waived under paragraph (1) or a similar prior provision of law.
  (v) An election to provide a survivor annuity to a person 
under this subparagraph--
          (I) shall prospectively void any election made by the 
        employee or Member under subsection (k)(1) with respect 
        to such person; or
          (II) shall, if an election was made by the employee 
        or Member under such subsection (k)(1) with respect to 
        a different person, prospectively void such election if 
        appropriate written application is made by such 
        employee or Member at the time of making the election 
        under this subparagraph.
  (vi) The deposit provisions of clauses (ii) and (iii) shall 
not apply if--
          (I) the employee or Member makes an election under 
        this subparagraph after having made an election under 
        subsection (k)(1); and
          (II) the election under subsection (k)(1) becomes 
        void under clause (v).
    (k)(1) At the time of retiring under section 8336 or 8338 
of this title, an employee or Member who is found to be in good 
health by the Office may elect a reduced annuity instead of an 
annuity computed under subsections (a)-(i), (n), (q), (r), and 
(s) and name in writing an individual having an insurable 
interest in the employee or Member to receive an annuity under 
section 8341(c) of this title after the death of the retired 
employee or Member. The annuity of the employee or Member 
making the election is reduced by 10 percent, and by 5 percent 
for each full 5 years the individual named is younger than the 
retiring employee or Member. However, the total reduction may 
not exceed 40 percent. An annuity which is reduced under this 
paragraph or any similar prior provision of law shall, 
effective the first day of the month following the death of the 
individual named under this paragraph, be recomputed and paid 
as if the annuity had not been so reduced. In the case of [a 
married employee or Member] an employee or Member who is 
married (or in a domestic partnership), an election under this 
paragraph on behalf of the spouse (or domestic partner) may be 
made only if any right of such spouse (or domestic partner) to 
a survivor annuity based on the service of such employee or 
Member is waived in accordance with subsection (j)(1) of this 
section.
  [(2)(A) An employee or Member, who is unmarried at the time 
of retiring under a provision of law which permits election of 
a reduced annuity with a survivor annuity payable to such 
employee or Member's spouse and who later marries, may 
irrevocably elect, in a signed writing received in the Office 
within 2 years after such employee or Member marries or, if 
later, within 2 years after the death or remarriage of any 
former spouse of such employee or Member who was entitled to a 
survivor annuity under section 8341(h) of this title (or of the 
last such surviving former spouse, if there was more than one), 
a reduction in the retired employee or Member's current annuity 
as provided in subsection (j) of this section.]
  (2)(A) An employee or Member, who is unmarried (and not in a 
domestic partnership) at the time of retiring under a provision 
of law which permits election of a reduced annuity with a 
survivor annuity payable to such employee's or Member's spouse 
(or domestic partner) and who later marries (or enters into a 
domestic partnership), may irrevocably elect, in a signed 
writing received in the Office--
          (i) within 2 years after such employee or Member 
        marries (or enters into a domestic partnership), or
          (ii) if later, within 2 years after--
                  (I) the death of or entry into a subsequent 
                marriage (or domestic partnership) by any 
                former spouse (or former domestic partner) of 
                such employee or Member who was entitled to a 
                survivor annuity under section 8341(h), or
                  (II) if there was more than 1, the death of 
                or entry into a subsequent marriage (or 
                domestic partnership) by the last such 
                surviving former spouse (or surviving former 
                domestic partner),

a reduction in the retired employee or Member's current annuity 
as provided in subsection (j).
  (B)(i) The election and reduction shall take effect on the 
first day of the first month beginning after the expiration of 
the 9-month period beginning on the date of [marriage.] 
marriage (or entry into a domestic partnership). Any such 
election to provide a survivor annuity for a person--
          (I) * * *

           *       *       *       *       *       *       *

  (ii) The retired employee or Member shall deposit in the Fund 
an amount determined by the Office of Personnel Management, as 
nearly as may be administratively feasible, to reflect the 
amount by which the retired employee or Member's annuity would 
have been reduced under subsection (j)(4) of this section since 
the commencing date of the annuity, if the employee or Member 
had been married (or in a domestic partnership) at the time of 
retirement and had elected to provide a survivor annuity at 
that time, plus interest. For the purposes of the preceding 
sentence, the annual rate of interest for each year during 
which the annuity would have been reduced if the election had 
been in effect since the date of the annuity commenced shall be 
6 percent.
  (C) The Office shall, by regulation, provide for payment of 
the deposit required under subparagraph (B)(ii) by a reduction 
in the annuity of the employee or Member. The reduction shall, 
to the extent practicable, be designed so that the present 
value of the future reduction is actuarially equivalent to the 
deposit required under subparagraph (B)(ii), except that total 
reductions in the annuity of an employee or Member to pay 
deposits required by this subsection or subsection (j)(3) shall 
not exceed 25 percent of the annuity computed under subsections 
(a) through (i), (n), (q), and (r), including adjustments under 
section 8340. The reduction required by this subparagraph, 
which shall be effective on the same date as the election under 
subparagraph (A), shall be permanent and unaffected by any 
future termination of the [marriage.] marriage or domestic 
partnership). Such reduction shall be independent of and in 
addition to the reduction required under subparagraph (A).

           *       *       *       *       *       *       *

  (o)(1)(A) An employee or Member--
          (i) who, at the time of retirement, [is married,] is 
        married (or is in a domestic partnership), and

           *       *       *       *       *       *       *

may, during the 18-month period beginning on the date of the 
retirement of such employee or Member, elect to have a 
reduction under subsection (j) made in the annuity of the 
employee or Member (or in such portion thereof as the employee 
or Member may designate) in order to provide a survivor annuity 
for the spouse (or domestic partner) of such employee or 
Member.
  (B) An employee or Member--
          (i) who, at the time of retirement, [is married,] is 
        married (or is in a domestic partnership), and

           *       *       *       *       *       *       *


Sec. 8340. Cost-of-living adjustment of annuities*
---------------------------------------------------------------------------

    \*\As amended by bill section 204.
---------------------------------------------------------------------------
    (a) For the purpose of this section--
          (1) the term ``base quarter'', as used with respect 
        to a year, means the calendar quarter ending on 
        September 30, of such year; [and]
          (2) the price index for a base quarter is the 
        arithmetical mean of such index for the 3 months 
        comprising such quarter[.]; and
          (3) the terms ``widow'', ``widower'', and ``surviving 
        partner'' have the respective meanings given them under 
        section 8341.

           *       *       *       *       *       *       *

    (c) Eligibility for an annuity increase under this section 
is governed by the commencing date of each annuity payable from 
the Fund as of the effective date of an increase, except as 
follows:
          (1) The first increase (if any) made under subsection 
        (b) of this section to an annuity which is payable from 
        the Fund to an employee or Member who retires, [to the 
        widow, widower, or former spouse, of a deceased 
        employee or Member, or to the widow, widower, former 
        spouse, or insurable interest designee] to the widow, 
        widower, or former spouse (or the surviving partner or 
        former domestic partner) of a deceased employee or 
        Member, or to the widow, widower, or former spouse (or 
        the surviving partner or former domestic partner), or 
        insurable interest designee of a deceased annuitant 
        whose annuity has not been increased under this 
        subsection or subsection (b) of this section, shall be 
        equal to the product (adjusted to the nearest \1/10\ of 
        1 percent) of--
                  (A) * * *
                  (B) the number of months (not to exceed 12 
                months, counting any portion of a month as a 
                month)--
                          (i) * * *
                          (ii) in the case of [a widow, 
                        widower, former spouse, or insurable 
                        interest designee] a widow, widower, or 
                        former spouse (or surviving partner or 
                        former domestic partner) or insurable 
                        interest designee of a deceased 
                        annuitant whose annuity has not been so 
                        increased, since the annuity was first 
                        payable to the deceased annuitant.

           *       *       *       *       *       *       *


Sec. 8341. Survivor annuities*
---------------------------------------------------------------------------

    \*\As amended by bill section 205.
---------------------------------------------------------------------------
    (a) For the purpose of this section--
          (1) * * *

           *       *       *       *       *       *       *

          (3) ``surviving partner''--
                  (A) means the surviving domestic partner of 
                an employee or Member who--
                          (i) was in a domestic partnership 
                        with such employee or Member for at 
                        least 9 months immediately before the 
                        death of such employee or Member; or
                          (ii) satisfies such other 
                        requirements, related to parenthood and 
                        the domestic partnership, as the 
                        Director of the Office of Personnel 
                        Management shall by regulation 
                        prescribe based on the definition of a 
                        widow or widower under paragraphs 
                        (1)(B) and (2)(B) of this section; and
                  (B) notwithstanding subparagraph (A), 
                includes a surviving domestic partner described 
                under that subparagraph only if the employee or 
                Member performed at least 18 months of service 
                as a Federal employee;
          [(3)](4) ``dependent'', in the case of any child, 
        means that the employee or Member involved was, at the 
        time of the employee or Member's death, either living 
        with or contributing to the support of such child, as 
        determined in accordance with such regulations as the 
        Office of Personnel Management shall prescribe; and
          [(4)](5) ``child'' means--
                  (A) [an unmarried dependent child] a 
                dependent child who is unmarried (and not in a 
                domestic partnership) and under 18 years of 
                age, including (i) an adopted child, and (ii) a 
                stepchild but only if the stepchild lived with 
                the employee or Member in a regular parent-
                child relationship, and (iii) a recognized 
                natural child, and (iv) a child who lived with 
                and for whom a petition of adoption was filed 
                by an employee or Member, and who is adopted by 
                the surviving spouse (or surviving domestic 
                partner) of the employee or Member after his 
                death, and (v) a child of the domestic partner 
                of an employee or Member (not adopted by the 
                employee or Member), but only if--
                                  (I) the child lived with the 
                                employee or Member in a regular 
                                parent-child relationship; and
                                  (II) the employee or Member 
                                performed at least 18 months of 
                                service as a Federal employee;
                  (B) such [unmarried dependent child] 
                dependent child who is unmarried (and not in a 
                domestic partnership) regardless of age who is 
                incapable of self-support because of mental or 
                physical disability incurred before age 18; or
                  (C) such [unmarried dependent child] 
                dependent child who is unmarried (and not in a 
                domestic partnership) between 18 and 22 years 
                of age who is a student regularly pursuing a 
                full-time course of study or training in 
                residence in a high school, trade school, 
                technical or vocational institute, junior 
                college, college, university, or comparable 
                recognized educational institution.

           *       *       *       *       *       *       *

    (b)(1) Except as provided in paragraph (2) of this 
subsection, if an employee or Member dies after having retired 
under this subchapter and is survived by a [widow or widower] 
widow or widower (or surviving partner), the [widow or widower] 
widow or widower (or surviving partner) is entitled to an 
annuity equal to 55 percent (or 50 percent if retired before 
October 11, 1962) of an annuity computed under section 8339(a)-
(i), (n), (p), (q), (r), and (s) as may apply with respect to 
the annuitant, or of such portion thereof as may have been 
designated for this purpose under section 8339(j)(1) of this 
title, unless the right to a survivor annuity was waived under 
such section 8339(j)(1) or, in the case of [remarriage] 
remarriage (or entry into a subsequent domestic partnership), 
the employee or Member did not file an election under section 
8339(j)(5)(C) or section 8339(k)(2) of this title, as the case 
may be.
    (2) If an annuitant--

           *       *       *       *       *       *       *

dies and is survived by a [widow or widower] widow or widower 
(or surviving partner), the [widow or widower] widow or widower 
(or surviving partner) is entitled to an annuity in an amount 
which would have been paid had the annuitant been married to 
(or in a domestic partnership with) the [widow or widower] 
widow or widower (or surviving partner) at the time of 
retirement.
    (3) A spouse (or domestic partner) acquired after 
retirement is entitled to a survivor annuity under this 
subsection only upon electing this annuity instead of any other 
survivor benefit to which he may be entitled under this 
subchapter or another retirement system for Government 
employees. The annuity of the [widow or widower] widow or 
widower (or surviving partner) under this subsection commences 
on the day after the annuitant dies. This annuity and the right 
thereto terminate on the last day of the month before the 
[widow or widower] widow or widower (or surviving partner)--
          (A) * * *
          (B) except as provided in subsection (k), remarries 
        (or, in the case of a widow or widower, enters into a 
        domestic partnership) (or, in the case of a surviving 
        partner, enters into a subsequent domestic partnership 
        or marries) before becoming 55 years of age.
    (4) Notwithstanding the preceding provisions of this 
subsection, the annuity payable under this subsection to the 
[widow or widower] widow or widower (or surviving partner) of a 
retired employee or Member may not exceed the difference 
between--
          (A) the amount which would otherwise be payable to 
        such [widow or widower] widow or widower (or surviving 
        partner) under this subsection (determined without 
        regard to any waiver or designation under section 
        8339(j)(1) of this title or a prior similar provision 
        of law), and
          (B) the amount of the survivor annuity payable to any 
        former spouse (or former domestic partner) of such 
        employee or Member under subsection (h) of this 
        section.

           *       *       *       *       *       *       *

    (d) If an employee or Member dies after completing at least 
18 months of civilian service, his [widow or widower] widow or 
widower (or surviving partner) is entitled to an annuity equal 
to 55 percent of an annuity computed under section 8339(a)-(f), 
(i), (n), (p), (q), (r), and (s) as may apply with respect to 
the employee or Member, except that, in the computation of the 
annuity under such section, the annuity of the employee or 
Member shall be at least the smaller of--
          (1) * * *

           *       *       *       *       *       *       *

Notwithstanding the preceding sentence, the annuity payable 
under this subsection to the [widow or widower] widow or 
widower (or surviving partner) of an employee or Member may not 
exceed the difference between--
          (A) the amount which would otherwise be payable to 
        such [widow or widower] widow or widower (or surviving 
        partner) under this subsection, and
          (B) the amount of the survivor annuity payable to any 
        former spouse (or former domestic partner) of such 
        employee or Member under subsection (h) of this 
        section.
The annuity of the [widow or widower] widow or widower (or 
surviving partner) commences on the day after the employee or 
Member dies. This annuity and the right thereto terminate on 
the last day of the month before the [widow or widower] widow 
or widower (or surviving partner)--
          (i) * * *
          (ii) except as provided in subsection (k), remarries 
        (or, in the case of a widow or widower, enters into a 
        domestic partnership) (or, in the case of a surviving 
        partner enters into a subsequent domestic partnership) 
        before becoming 55 years of age.
    [(e)(1) For the purposes of this subsection, ``former 
spouse'' includes a former spouse who was married to an 
employee or Member for less than 9 months and a former spouse 
of an employee or Member who completed less than 18 months of 
service covered by this subchapter.]
    (e)(1) For the purposes of this subsection--
          (A) the term ``former spouse'' includes a former 
        spouse who was married to an employee or Member for 
        less than 9 months and a former spouse of an employee 
        or Member who completed less than 18 months of service 
        covered by this subchapter; and
          (B) the term ``former domestic partner'' includes a 
        former domestic partner who was in a domestic 
        partnership with a Federal employee or Member for less 
        than 9 months and a former domestic partner of a 
        Federal employee or Member who completed less than 18 
        months of service covered by this subchapter.
    (2) If an employee or Member dies after completing at least 
18 months of civilian service, or an employee or Member dies 
after retiring under this subchapter, and is survived by [a 
spouse or a former spouse] a spouse or former spouse (or a 
domestic partner or former domestic partner) who is the natural 
or adoptive parent of a surviving child of the employee or 
Member, that surviving child is entitled to an annuity equal to 
the smallest of--
          (A) * * *

           *       *       *       *       *       *       *

subject to section 8340 of this title. If the employee or 
Member is not survived by [a spouse or a former spouse] a 
spouse or former spouse (or a domestic partner or former 
domestic partner) who is the natural or adoptive parent of a 
surviving child of the employee or Member, that surviving child 
is entitled to an annuity equal to the smallest of--
          (i) * * *

           *       *       *       *       *       *       *

subject to section 8340 of this title.
    (3) The annuity of a child under this subchapter or under 
the Act of May 29, 1930, as amended from and after February 28, 
1948, commences on the day after the employee or Member dies, 
or commences or resumes on the first day of the month in which 
the child later becomes or again becomes a student as described 
by subsection (a)(3) of this section, if any lump sum paid is 
returned to the Fund. This annuity and the right thereto 
terminate on the last day of the month before the child--
          (A) * * *

           *       *       *       *       *       *       *

          (E) [dies or marries;] dies or marries (or enters 
        into a domestic partnership);
whichever first occurs. On the death of the surviving spouse or 
former spouse (or domestic partner or former domestic partner) 
or termination of the annuity of a child, the annuity of any 
other child or children shall be recomputed and paid as though 
the [spouse, former spouse, or child] spouse or former spouse 
(or domestic partner or former domestic partner) or child, had 
not survived the employee or Member.
    (4) If the annuity of a child under this subchapter 
terminates under paragraph (3)(E) because of [marriage, then, 
if such marriage] marriage, then, if such marriage (or a 
domestic partnership, then, if such domestic partnership) ends, 
such annuity shall resume on the first day of the month in 
which it ends, but only if--
          (A) * * *

           *       *       *       *       *       *       *

    [(f) If a Member heretofore or hereafter separated from the 
service with title to deferred annuity from the Fund hereafter 
dies before having established a valid claim for annuity and is 
survived by a spouse to whom married at the date of separation, 
the surviving spouse--
          [(1) is entitled to an annuity equal to 55 percent of 
        the deferred annuity of the Member commencing on the 
        day after the Member dies and terminating on the last 
        day of the month before the surviving spouse dies or 
        remarries; or
          [(2) may elect to receive the lump-sum credit instead 
        of annuity if the spouse is the individual who would be 
        entitled to the lump-sum credit and files application 
        therefor with the Office before the award of the 
        annuity.
Notwithstanding the preceding sentence, an annuity payable 
under this subsection to the surviving spouse of a Member may 
not exceed the difference between--
          [(A) the annuity which would otherwise be payable to 
        such surviving spouse under this subsection, and
          [(B) the amount of the survivor annuity payable to 
        any former spouse of such Member under subsection (h) 
        of this section.]
    (f) If a Member heretofore or hereafter separated from the 
service with title to deferred annuity from the Fund hereafter 
dies before having established a valid claim for annuity and is 
survived by a spouse to whom married (or a domestic partner to 
whom in a domestic partnership) at the date of separation, the 
surviving spouse (or surviving partner)--
          (1) is entitled to an annuity equal to 55 percent of 
        the deferred annuity of the Member commencing on the 
        day after the Member dies and terminating on the last 
        day of the month before the surviving spouse dies or 
        remarries (or enters into a domestic partnership) (or 
        the surviving domestic partner dies or enters into a 
        subsequent domestic partnership or marries); or
          (2) may elect to receive the lump-sum credit instead 
        of annuity if the spouse (or domestic partner) is the 
        individual who would be entitled to the lump-sum credit 
        and files application therefor with the Office before 
        the award of the annuity.
Notwithstanding the preceding sentence, an annuity payable 
under this subsection to the surviving spouse (or surviving 
domestic partner) of a Member may not exceed the difference 
between--
                  (A) the annuity which would otherwise be 
                payable to such surviving spouse (or such 
                surviving domestic partner) under this 
                subsection, and
                  (B) the amount of the survivor annuity 
                payable to any former spouse (or any former 
                domestic partner) of such Member under 
                subsection (h).
    [(g) In the case of a surviving spouse whose annuity under 
this section is terminated because of remarriage before 
becoming 55 years of age, annuity at the same rate shall be 
restored commencing on the day the remarriage is dissolved by 
death, annulment, or divorce, if--
          [(1) the surviving spouse elects to receive this 
        annuity instead of a survivor benefit to which he may 
        be entitled, under this subchapter or another 
        retirement system for Government employees, by reason 
        of the remarriage; and
          [(2) any lump sum paid on termination of the annuity 
        is returned to the Fund.]
    (g) In the case of a surviving spouse (or surviving 
domestic partner) whose annuity under this section is 
terminated because of a subsequent entry into a marriage (or 
domestic partnership) before becoming 55 years of age, annuity 
at the same rate shall be restored commencing on the day the 
remarriage (or subsequent domestic partnership) is dissolved by 
death, annulment, or divorce (or terminated), if--
          (1) the surviving spouse (or surviving domestic 
        partner) elects to receive this annuity instead of a 
        survivor benefit to which he may be entitled, under 
        this subchapter or another retirement system for 
        Government employees, by reason of the subsequent entry 
        into a marriage (or domestic partnership); and
          (2) any lump sum paid on termination of the annuity 
        is returned to the Fund.
    [(h)(1) Subject to paragraphs (2) through (5) of this 
subsection, a former spouse of a deceased employee, Member, 
annuitant, or former Member who was separated from the service 
with title to a deferred annuity under section 8338(b) of this 
title is entitled to a survivor annuity under this subsection, 
if and to the extent expressly provided for in an election 
under section 8339(j)(3) of this title, or in the terms of any 
decree of divorce or annulment or any court order or court-
approved property settlement agreement incident to such decree.
    [(2)(A) The annuity payable to a former spouse under this 
subsection may not exceed the difference between--
          [(i) the amount applicable in the case of such former 
        spouse, as determined under subparagraph (B) of this 
        paragraph, and
          [(ii) the amount of any annuity payable under this 
        subsection to any other former spouse of the employee, 
        Member, or annuitant, based on an election previously 
        made under section 8339(j)(3) of this title, or a court 
        order previously issued.
    [(B) The applicable amount, for purposes of subparagraph 
(A)(i) of this paragraph in the case of a former spouse, is the 
amount which would be applicable--
          [(i) under subsection (b)(4)(A) of this section in 
        the case of a widow or widower, if the deceased was an 
        employee or Member who died after retirement;
          [(ii) under subparagraph (A) of subsection (d) of 
        this section in the case of a widow or widower, if the 
        deceased was an employee or Member described in the 
        first sentence of such subsection; or
          [(iii) under subparagraph (A) of subsection (f) of 
        this section in the case of a surviving spouse, if the 
        deceased was a Member described in the first sentence 
        of such subsection.
    [(3) The commencement and termination of an annuity payable 
under this subsection shall be governed by the terms of the 
applicable order, decree, agreement, or election, as the case 
may be, except that any such annuity--
          [(A) shall not commence before--
                  [(i) the day after the employee, Member, or 
                annuitant dies, or
                  [(ii) the first day of the second month 
                beginning after the date on which the Office 
                receives written notice of the order, decree, 
                agreement, or election, as the case may be, 
                together with such additional information or 
                documentation as the Office may prescribe,
[whichever is later, and
          [(B) shall terminate--
                  [(i) except as provided in subsection (k), in 
                the case of an annuity computed by reference to 
                clause (i) or (ii) of paragraph (2)(B) of this 
                subsection, no later than the last day of the 
                month before the former spouse remarries before 
                becoming 55 years of age or dies; or
                  [(ii) in the case of an annuity computed by 
                reference to clause (iii) of such paragraph, no 
                later than the last day of the month before the 
                former spouse remarries or dies.
    [(4) For purposes of this subchapter, a modification in a 
decree, order, agreement, or election referred to in paragraph 
(1) of this subsection shall not be effective--
          [(A) if such modification is made after the 
        retirement or death of the employee or Member 
        concerned, and
          [(B) to the extent that such modification involves an 
        annuity under this subsection.
    [(5) For purposes of this subchapter, a decree, order, 
agreement, or election referred to in paragraph (1) of this 
subsection shall not be effective, in the case of a former 
spouse, to the extent that it is inconsistent with any joint 
designation or waiver previously executed with respect to such 
former spouse under section 8339(j)(1) of this title or a 
similar prior provision of law.
    [(6) Any payment under this subsection to a person bars 
recovery by any other person.
    [(7) As used in this subsection, ``court'' means any court 
of any State, the District of Columbia, the Commonwealth of 
Puerto Rico, Guam, the Northern Mariana Islands, or the Virgin 
Islands, and any Indian court.]
    (h)(1) Subject to paragraphs (2) through (5), a former 
spouse (or former domestic partner) of a deceased employee, 
Member, annuitant, or former Member who was separated from the 
service with title to a deferred annuity under section 8338(b) 
is entitled to a survivor annuity under this subsection, if and 
to the extent expressly provided for in an election under 
section 8339(j)(3), or in the terms of any decree of divorce or 
annulment or any court order or court-approved property 
settlement agreement incident to such decree.
    (2)(A) The annuity payable to a former spouse (or former 
domestic partner) under this subsection may not exceed the 
difference between--
          (i) the amount applicable in the case of such former 
        spouse (or former domestic partner), as determined 
        under subparagraph (B), and
          (ii) the amount of any annuity payable under this 
        subsection to any other former spouse (or former 
        domestic partner) of the employee, Member, or 
        annuitant, based on an election previously made under 
        section 8339(j)(3), or a court order previously issued.
    (B) The applicable amount, for purposes of subparagraph 
(A)(i) in the case of a former spouse (or former domestic 
partner), is the amount which would be applicable--
          (i) under subsection (b)(4)(A) in the case of a widow 
        or widower (or surviving partner), if the deceased was 
        an employee or Member who died after retirement;
          (ii) under subparagraph (A) of subsection (d) in the 
        case of a widow or widower (or surviving partner), if 
        the deceased was an employee or Member described in the 
        first sentence of such subsection; or
          (iii) under subparagraph (A) of subsection (f) in the 
        case of a surviving spouse (or surviving domestic 
        partner), if the deceased was a Member described in the 
        first sentence of such subsection.
    (3) The commencement and termination of an annuity payable 
under this subsection shall be governed by the terms of the 
applicable order, decree, agreement, or election, as the case 
may be, except that any such annuity--
          (A) shall not commence before--
                  (i) the day after the employee, Member, or 
                annuitant dies, or
                  (ii) the first day of the second month 
                beginning after the date on which the Office 
                receives written notice of the order, decree, 
                agreement, or election, as the case may be, 
                together with such additional information or 
                documentation as the Office may prescribe,
whichever is later, and
          (B) shall terminate--
                  (i) except as provided in subsection (k), in 
                the case of an annuity computed by reference to 
                clause (i) or (ii) of paragraph (2)(B), no 
                later than the last day of the month before the 
                former spouse remarries (or enters into a 
                domestic partnership) (or former domestic 
                partner enters into a subsequent domestic 
                partnership or marries) before becoming 55 
                years of age or dies; or
                  (ii) in the case of an annuity computed by 
                reference to clause (iii) of such paragraph, no 
                later than the last day of the month before the 
                former spouse remarries (or enters into a 
                domestic partnership) or dies (or the former 
                domestic partner enters into a subsequent 
                domestic partnership or marries or dies).
    (4) For purposes of this subchapter, a modification in a 
decree, order, agreement, or election referred to in paragraph 
(1) shall not be effective--
          (A) if such modification is made after the retirement 
        or death of the employee or Member concerned, and
          (B) to the extent that such modification involves an 
        annuity under this subsection.
    (5) For purposes of this subchapter, a decree, order, 
agreement, or election referred to in paragraph (1) shall not 
be effective, in the case of a former spouse (or former 
domestic partner), to the extent that it is inconsistent with 
any joint designation or waiver previously executed with 
respect to such former spouse (or former domestic partner) 
under section 8339(j)(1) or a similar prior provision of law.
    (6) Any payment under this subsection to a person bars 
recovery by any other person.
    (7) As used in this subsection, ``court'' means any court 
of any State, the District of Columbia, the Commonwealth of 
Puerto Rico, Guam, the Northern Mariana Islands, or the Virgin 
Islands, and any Indian court.
    [(i) The requirement in subsections (a)(1)(A) and (a)(2)(A) 
of this section that the surviving spouse of an employee or 
Member have been married to such employee or Member for at 
least 9 months immediately before the employee or Member's 
death in order to qualify as the widow or widower of such 
employee or Member shall be deemed satisfied in any case in 
which the employee or Member dies within the applicable 9-month 
period, if--
          [(1) the death of the employee or Member was 
        accidental; or
          [(2) the surviving spouse of such individual had been 
        previously married to the individual and subsequently 
        divorced, and the aggregate time married is at least 9 
        months.]
    (i) The requirement in subsections (a)(1)(A), (a)(2)(A), 
and (a)(5)(A) that the surviving spouse (or surviving domestic 
partner) of an employee or Member have been married to (or in a 
domestic partnership with) such employee or Member for at least 
9 months immediately before the employee's or Member's death in 
order to qualify as the widow or widower (or surviving partner) 
of such employee or Member shall be deemed satisfied in any 
case in which the employee or Member dies within the applicable 
9-month period, if--
          (1) the death of the employee or Member was 
        accidental; or
          (2) the surviving spouse (or surviving domestic 
        partner) of such individual had been previously married 
        to (or in a domestic partnership with) the individual 
        that was subsequently dissolved (or terminated), and 
        the aggregate time married (or in a domestic 
        partnership) is at least 9 months.
    [(k)(1) Subsections (b)(3)(B), (d)(ii), and (h)(3)(B)(i) 
(to the extent that they provide for termination of a survivor 
annuity because of a remarriage before age 55) shall not apply 
if the widow, widower, or former spouse was married for at 
least 30 years to the individual on whose service the survivor 
annuity is based.
    [(2) A remarriage described in paragraph (1) shall not be 
taken into account for purposes of section 8339(j)(5)(B) or (C) 
or any other provision of this chapter which the Office may by 
regulation identify in order to carry out the purposes of this 
subsection.]
    (j)(1) Subsections (b)(3)(B), (d)(ii), and (h)(3)(B)(i), to 
the extent that they provide for termination of a survivor 
annuity because of a subsequent entry into a marriage (or 
domestic partnership) before age 55, shall not apply if the 
widow, widower or former spouse was married to (or the 
surviving partner or former domestic partner was in a domestic 
partnership with) the individual on whose service the survivor 
annuity is based for at least 30 years.
    (2) A subsequent entry into a marriage (or domestic 
partnership) described in paragraph (1) shall not be taken into 
account for purposes of subparagraph (B) or (C) of section 
8339(j)(5) or any other provision of this chapter which the 
Director of the Office of Personnel Management may by 
regulation identify in order to carry out the purposes of this 
subsection.

Sec. 8342. Lump-sum benefits; designation of beneficiary; order of 
                    precedence\*\
---------------------------------------------------------------------------

    \*\As amended by bill section 206.
---------------------------------------------------------------------------
    (a) * * *

           *       *       *       *       *       *       *

    (c) Lump-sum benefits authorized by subsections (d)-(f) of 
this section shall be paid to the person or persons surviving 
the employee or Member and alive at the date title to the 
payment arises in the following order of precedence, and the 
payment bars recovery by any other person:
          First, to the beneficiary or beneficiaries designated 
        by the employee or Member in a signed and witnessed 
        writing received in the Office before his death. For 
        this purpose, a designation, change, or cancellation of 
        beneficiary in a will or other document not so executed 
        and filed has no force or effect.
          Second, if there is no designated beneficiary, to the 
        widow or widower (or surviving partner) of the employee 
        or Member.
          Third, if none of the above, to the child or children 
        of the employee or Member and descendants of deceased 
        children by representation.
          Fourth, if none of the above, to the parents of the 
        employee or Member or the survivor of them.
          Fifth, if none of the above, to the duly appointed 
        executor or administrator of the estate of the employee 
        or Member.
          Sixth, if none of the above, to such other next of 
        kin of the employee or Member as the Office determines 
        to be entitled under the laws of the domicile of the 
        employee or Member at the date of his death.
    For the purpose of this subsection, ``child'' includes a 
natural child and an adopted child, but does not include a 
[stepchild.] stepchild (or a child of a domestic partner which 
child is not otherwise a child of the employee or Member).

           *       *       *       *       *       *       *

    (j)(1)(A) Payment of the lump-sum credit under subsection 
(a) may be made only if the spouse (or domestic partner), if 
any (or the domestic partner, if any), and any former spouse 
(or former domestic partner) of the employee or Member are 
notified of the employee or Member's application.
    (B) The Office shall prescribe regulations under which the 
lump-sum credit shall not be paid without the consent of a 
spouse (or domestic partner) or former spouse (or former 
domestic partner) of the employee or Member where the Office 
has received such additional information and documentation as 
the Office may require that--
          (i) * * *
          (ii) payment of the lump-sum credit would extinguish 
        the entitlement of the spouse (or domestic partner) or 
        former spouse (or former domestic partner), under a 
        court order on file with the Office, to a survivor 
        annuity under section 8341(h) or to any portion of an 
        annuity under section 8345(j).
    (2)(A) Notification of a spouse (or domestic partner) or 
former spouse (or former domestic partner) under this 
subsection shall be made in accordance with such requirements 
as the Office shall by regulation prescribe.
    (B) Under the regulations, the Office may provide that 
paragraph (1)(A) of this subsection may be waived with respect 
to a spouse (or domestic partner) or former spouse (or former 
domestic partner) if the employee or Member establishes to the 
satisfaction of the Office that the whereabouts of such spouse 
(or domestic partner) or former spouse (or former domestic 
partner) cannot be determined.

Sec. 8343a. Alternative forms of annuities\*\
---------------------------------------------------------------------------

    \*\As amended by bill section 207.
---------------------------------------------------------------------------
    (a) * * *
    (b) Subject to subsection (c), the Office shall by 
regulation provide for such alternative forms of annuities as 
the Office considers appropriate, except that among the 
alternatives offered shall be--
          (1) * * *
          (2) in the case of an employee or Member who is 
        married (or in a domestic partnership) at the time of 
        retirement, an alternative which provides for--
                  (A) * * *
                  (B) payment of an annuity to the employee or 
                Member for life, with a survivor annuity 
                payable for the life of a surviving spouse (or 
                surviving domestic partner).
    (d) An employee or Member who, at the time of retiring 
under this subchapter--
          (1) is [married,] married (or in a domestic 
        partnership), shall be ineligible to make an election 
        under this section unless a waiver is made under 
        section 8339(j)(1) of this title; or
          (2) has a [former spouse,] former spouse (or former 
        domestic partner), shall be ineligible to make an 
        election under this section if the [former spouse,] 
        former spouse (or former domestic partner), is entitled 
        to benefits under section 8341(h) or 8345(j) of this 
        title (based on the service of the employee or Member) 
        under the terms of a decree of divorce or annulment, or 
        a court order or court-approved property settlement 
        incident to any such decree, with respect to which the 
        Office has been duly notified.
    (e) An employee or Member who is married (or in a domestic 
partnership) at the time of retiring under this subchapter and 
who makes an election under this section may, during the 18-
month period beginning on the date of retirement, make the 
election provided for under section 8339(o) of this title, 
subject to the deposit requirement thereunder.

           *       *       *       *       *       *       *


Sec. 8347. Administration; regulations\*\
---------------------------------------------------------------------------

    \*\As amended by bill section 208.
---------------------------------------------------------------------------
    (a) * * *

           *       *       *       *       *       *       *

    (n)(1) Notwithstanding any other provision of this 
subchapter, the Director of Central Intelligence shall, in a 
manner consistent with the administration of this subchapter by 
the Office, and to the extent considered appropriate by the 
Director of Central Intelligence--
          (A) * * *
          (D) collect deposits to the Fund made by such 
        employees, [their spouses, and their former spouses] 
        their spouses (and domestic partners), and their former 
        spouses (and former domestic partners);

           *       *       *       *       *       *       *


Sec. 8351. Participation in the Thrift Savings Plan\\
---------------------------------------------------------------------------

    \\As amended by bill section 209.
---------------------------------------------------------------------------
    (a) * * *
    (b)(1) * * *

           *       *       *       *       *       *       *

  (5)(A) The provisions of section 8435 of this title that 
require a waiver or consent by the spouse (or domestic partner) 
of an employee or Member (or former employee or Member) shall 
not apply with respect to sums in the Thrift Savings Fund 
contributed by the employee or Member (or former employee or 
Member) and earnings in the fund attributable to such sums.
  (B) An election or change of election authorized by 
subchapter III of chapter 84 of this title shall be effective 
in the case of [a married employee or Member] an employee or 
Member who is married (or in a domestic partnership), and a 
loan or withdrawal may be approved under section 8433(g) and 
(h) of this title in such case, only after the Executive 
Director notifies the employee's or Member's spouse (or 
domestic partner) that the election or change of election has 
been made or that the Executive Director has received an 
application for such loan or withdrawal, as the case may be.
  (C) Subparagraph (B) may be waived with respect to a spouse 
(or domestic partner) if the employee or Member establishes to 
the satisfaction of the Executive Director of the Federal 
Retirement Thrift Investment Board that the whereabouts of such 
spouse (or domestic partner) cannot be determined.
  (D) Except with respect to the making of loans or withdrawals 
under section 8433(g) or (h), none of the provisions of this 
paragraph requiring notification to a spouse or former spouse 
(or domestic partner or former domestic partner) of an 
employee, Member, former employee, or former Member shall apply 
in any case in which the nonforfeitable account balance of the 
employee, Member, former employee, or former Member is $3,500 
or less.

           *       *       *       *       *       *       *


CHAPTER 84--FEDERAL EMPLOYEES' RETIREMENT SYSTEM 

           *       *       *       *       *       *       *


Sec.
8401. Definitions
     * * * * * * *
[8416. Survivor reduction for a current spouse.]\*\
\*\As amended by bill section 312(b).
8416. Survivor reduction for a current spouse (or domestic partner).
[8417. Survivor reduction for a former spouse.]\\
\\As amended by bill section 313(b).
8417. Survivor reduction for a former spouse (or former domestic 
          partner). 
     * * * * * * *
[8435. Protections for spouses and former spouses.]\*\
\*\As amended by bill section 323(b).
8435. Protection for spouses and former spouses (and domestic partners 
          and former domestic partners).
     * * * * * * *
[8442. Rights of a widow or widower.]
As amended by bill section 332(b).
8442. Rights of a widow or widower (or surviving partner).
     * * * * * * *
[8445. Rights of a former spouse.]=
=As amended by bill section 334(b).
8445. Rights of a former spouse (or former domestic partner).
     * * * * * * *

                    Subchapter I--General Provisions


Sec. 8401. DefinitionsSec. 
---------------------------------------------------------------------------

    \Sec. \As amended by bill section 311.
---------------------------------------------------------------------------
    For the purposes of this chapter--
          (1) * * *

           *       *       *       *       *       *       *

          (35) the term ``air traffic controller'' or 
        ``controller'' means--
                  (A) * * *
                  (B) a civilian employee of the Department of 
                Transportation or the Department of Defense who 
                is the immediate supervisor of a person 
                described in section 2109(1)(B); [and]
          (36) the term ``customs and border protection 
        officer'' means an employee in the Department of 
        Homeland Security (A) who holds a position within the 
        GS-1895 job series (determined applying the criteria in 
        effect as of September 1, 2007) or any successor 
        position, and (B) whose duties include activities 
        relating to the arrival and departure of persons, 
        conveyances, and merchandise at ports of entry, 
        including any such employee who is transferred directly 
        to a supervisory or administrative position in the 
        Department of Homeland Security after performing such 
        duties (as described in subparagraph (B)) in 1 or more 
        positions (as described in subparagraph (A)) for at 
        least 3 years[.];
          (37) ``domestic partner'' and ``domestic 
        partnership'' have the meanings given under section 
        2501;
          (38) ``Federal employee'' means an elected official 
        of the United States or an employee of any entity of 
        the United States; and
          (39) ``former domestic partner'' means a former 
        domestic partner of an individual--
                  (A) if such individual performed at least 18 
                months of civilian service creditable under 
                section 8411 as a Federal employee; and
                  (B) if the former domestic partner was in a 
                domestic partnership with such individual for 
                at least 9 months.

           *       *       *       *       *       *       *


Subchapter II--Basic Annuity

           *       *       *       *       *       *       *



Sec. 8411. Creditable service\*\
---------------------------------------------------------------------------

    *As amended by bill section 302.
---------------------------------------------------------------------------
    (a) * * *

           *       *       *       *       *       *       *

    (c)(1) * * *

           *       *       *       *       *       *       *

    (4)(A) * * *

           *       *       *       *       *       *       *

    (C) The Office of Personnel Management shall prescribe 
regulations to carry out this paragraph, including regulations 
under which--
          (i) * * *
          (ii) this paragraph shall be carried out in any case 
        which involves a former spouse (or former domestic 
        partner). 

           *       *       *       *       *       *       *

    (l)(1) * * *

           *       *       *       *       *       *       *

    (4) The Office of Personnel Management shall prescribe any 
regulations necessary to carry out this subsection. Such 
regulations shall include--
          (A) * * *
          (B) provisions under which the Office may provide 
        for--
                  (i) the payment, to the spouse (or domestic 
                partner) or children of any individual referred 
                to in the first sentence of paragraph (1), of 
                any amounts which (but for this clause) would 
                otherwise have been nonpayable by reason of 
                such first sentence, subject to paragraph (5); 
                and

           *       *       *       *       *       *       *

    (5) Regulations to carry out clause (i) of paragraph (4)(B) 
shall include provisions to ensure that the authority to make 
any payment under such clause to the spouse (or domestic 
partner) or children of an individual shall be available only 
to the extent that the application of such clause is considered 
necessary and appropriate taking into account the totality of 
the circumstances, including the financial needs of the spouse 
(or domestic partner) or children, whether the spouse (or 
domestic partner) or children participated in an offense 
described in paragraph (2) of which such individual was finally 
convicted, and what measures, if any, may be necessary to 
ensure that the convicted individual does not benefit from any 
such payment.

           *       *       *       *       *       *       *


Sec. 8416. Survivor reduction for a current spouse (or domestic 
                    partner)\*\
---------------------------------------------------------------------------

    *As amended by bill section 312.
---------------------------------------------------------------------------
    (a)(1) If an employee or Member is married (or in a 
domestic partnership) at the time of retiring under this 
chapter, the reduction described in section 8419(a) shall be 
made unless the employee or Member and the spouse (or domestic 
partner) jointly waive, by written election, any right which 
the spouse (or domestic partner) may have to a survivor annuity 
under section 8442 based on the service of such employee or 
Member. A waiver under this paragraph shall be filed with the 
Office under procedures prescribed by the Office.
    (2) Notwithstanding paragraph (1), an employee or Member 
who is married (or in a domestic partnership) at the time of 
retiring under this chapter may waive the annuity for a 
surviving spouse (or domestic partner) without the spouse's (or 
domestic partner's) consent if the employee or Member 
establishes to the satisfaction of the Office (in accordance 
with regulations prescribed by the Office)--
          (A) that the spouse's (or domestic partner's) 
        whereabouts cannot be determined; or
          (B) that, due to exceptional circumstances, requiring 
        the employee or Member to seek the spouse's (or 
        domestic partner's) consent would otherwise be 
        inappropriate.

           *       *       *       *       *       *       *

    [(b)(1) Upon remarriage, a retired employee or Member who 
was married at the time of retirement (including an employee or 
Member whose annuity was not reduced to provide a survivor 
annuity for the employee's or Member's spouse or former spouse 
as of the time of retirement) may irrevocably elect during such 
marriage, in a signed writing received by the Office within 2 
years after such remarriage or, if later, within 2 years after 
the death or remarriage of any former spouse of such employee 
or Member who was entitled to a survivor annuity under section 
8445 (or of the last such surviving former spouse, if there was 
more than one), a reduction in the employee's or Member's 
annuity under section 8419(a) for the purpose of providing an 
annuity for such employee's or Member's spouse in the event 
such spouse survives the employee or Member.
    [(2) The election and reduction shall be effective the 
first day of the second month after the election is received by 
the Office, but not less than 9 months after the date of the 
remarriage.
    [(3) An election to provide a survivor annuity to an 
individual under this subsection--
          [(A) shall prospectively void any election made by 
        the employee or Member under section 8420 with respect 
        to such individual; or
          [(B) shall, if an election was made by the employee 
        or Member under section 8420 with respect to a 
        different individual, prospectively void such election 
        if appropriate written application is made by such 
        employee or Member at the time of making the election 
        under this subsection.
    [(4) Any election under this subsection made by an employee 
or Member on behalf of an individual after the retirement of 
such employee or Member shall not be effective if--
          [(A) the employee or Member was married to such 
        individual at the time of retirement; and
          [(B) the annuity rights of such individual based on 
        the service of such employee or Member were then waived 
        under subsection (a).]
    (b)(1) Upon entry into a subsequent marriage (or subsequent 
domestic partnership), a retired employee or Member who was 
married (or in a domestic partnership) at the time of 
retirement, including an employee or Member whose annuity was 
not reduced to provide a survivor annuity for the employee's or 
Member's spouse or former spouse (or domestic partner or former 
domestic partner) as of the time of retirement, may irrevocably 
elect during such marriage (or domestic partnership), in a 
signed writing received by the Office--
          (A) within 2 years after such entry into a subsequent 
        marriage (or domestic partnership), or
          (B) if later, within 2 years after--
                  (i) the death of or entry into a subsequent 
                marriage (or domestic partnership) by any 
                former spouse (or former domestic partner) of 
                such employee or Member who was entitled to a 
                survivor annuity under section 8445, or
                  (ii) if there was more than 1, the death of 
                or entry into a subsequent marriage (or 
                domestic partnership) by the last such 
                surviving former spouse (or former domestic 
                partner),
a reduction in the employee's or Member's annuity under section 
8419(a) for the purpose of providing an annuity for such 
employee's or Member's spouse (or domestic partner) in the 
event such spouse (or domestic partner) survives the employee 
or Member.
    (2) The election and reduction shall be effective the first 
day of the second month after the election is received by the 
Office, but not less than 9 months after the date of the 
subsequent marriage (or entry into the subsequent domestic 
partnership).
    (3) An election to provide a survivor annuity to an 
individual under this subsection--
          (A) shall prospectively void any election made by the 
        employee or Member under section 8420 with respect to 
        such individual; or
          (B) shall, if an election was made by the employee or 
        Member under section 8420 with respect to a different 
        individual, prospectively void such election if 
        appropriate written application is made by such 
        employee or Member at the time of making the election 
        under this subsection.
    (4) Any election under this subsection made by an employee 
or Member on behalf of an individual after the retirement of 
such employee or Member shall not be effective if--
          (A) the employee or Member was married to (or in a 
        domestic partnership with) such individual at the time 
        of retirement; and
          (B) the annuity rights of such individual based on 
        the service of such employee or Member were then waived 
        under subsection (a).
    [(c)(1) An employee or Member who is unmarried at the time 
of retiring under this chapter and who later marries may 
irrevocably elect, in a signed writing received by the Office 
within 2 years after such employee or Member marries or, if 
later, within 2 years after the death or remarriage of any 
former spouse of such employee or Member who was entitled to a 
survivor annuity under section 8445 (or of the last such 
surviving former spouse, if there was more than one), a 
reduction in the current annuity of the retired employee or 
Member, in accordance with section 8419(a).]
    (c)(1) An employee or Member who is unmarried (and not in a 
domestic partnership) at the time of retiring under this 
chapter and who later marries (or enters into a domestic 
partnership) may irrevocably elect, in a signed writing 
received by the Office--
          (A) within 2 years after such employee or Member 
        marries (or enters into a domestic partnership), or
          (B) if later, within 2 years after--
                  (i) the death of or entry into a subsequent 
                remarriage (or domestic partnership) by of any 
                former spouse (or domestic partner) of such 
                employee or Member who was entitled to a 
                survivor annuity under section 8445,
                  (ii) if more than 1, the death of or entry 
                into a subsequent marriage (or domestic 
                partnership) by the last such surviving former 
                spouse (or surviving domestic partner),
a reduction in the current annuity of the retired employee or 
Member, in accordance with section 8419(a).
    (2) The election and reduction shall take effect the first 
day of the first month beginning 9 months after the date of 
[marriage.] marriage (or domestic partnership). Any such 
election to provide a survivor annuity for an individual--
          (A) * * *

           *       *       *       *       *       *       *

    (d)(1) An employee or Member--
          (A) who is married (or in a domestic partnership) on 
        the date of retiring under this chapter, and
          (B) with respect to whose spouse (or domestic 
        partner) a waiver under subsection (a) has been made,
may, during the 18-month period beginning on such date, elect 
to have a reduction made under section 8419 in order to provide 
a survivor annuity under section 8442 for such spouse (or 
domestic partner).

           *       *       *       *       *       *       *


Sec. 8417. Survivor reduction for a former spouse (or former domestic 
                    partner)\*\
---------------------------------------------------------------------------

    \*\As amended by bill section 313.
---------------------------------------------------------------------------
    (a) If an employee or Member has a former spouse (or former 
domestic partner) who is entitled to a survivor annuity as 
provided in section 8445, the reduction described in section 
8419(a) shall be made.
    (b)(1) An employee or Member who has a former spouse (or 
former domestic partner) may elect, under procedures prescribed 
by the Office, a reduction in the annuity of the employee or 
Member under section 8419(a) in order to provide a survivor 
annuity for such former spouse (or former domestic partner) 
under section 8445.
    (2) An election under this subsection shall be made at the 
time of retirement or, if the marriage is dissolved (or the 
domestic partnership is terminated) after the date of 
retirement, within 2 years after the date on which the marriage 
of the former spouse to the employee or Member is so dissolved 
(or the domestic partnership of the former domestic partner 
with the employee or Member is so terminated).
    (3) An election under this subsection--
          (A) shall not be effective to the extent that it--
                  (i) * * *
                  (ii) would cause the total of survivor 
                annuities payable under sections 8442 and 8445, 
                respectively, based on the service of the 
                employee or Member to exceed the amount which 
                would be payable to a widow or widower (or 
                surviving partner) of such employee or Member 
                under such section 8442 (determined without 
                regard to any reduction to provide for an 
                annuity under such section 8445); and
          (B) shall not be effective, in the case of an 
        employee or Member who is then married (or in a 
        domestic partnership), unless it is made with the 
        spouse's (or domestic partner's) written consent.
The Office shall by regulation provide that subparagraph (B) 
may be waived for either of the reasons set forth in section 
8416(a)(2).

Sec. 8418. Survivor elections; deposit; offsets\\
---------------------------------------------------------------------------

    \\As amended by bill section 314.
---------------------------------------------------------------------------
    (a) *  *  *
    (b) The Office shall, by regulation, provide for payment of 
the deposit required under subsection (a) by a reduction in the 
annuity of the employee or Member. The reduction shall, to the 
extent practicable, be designed so that the present value of 
the future reduction is actuarially equivalent to the deposit 
required under subsection (a), except that the total reductions 
in the annuity of an employee or Member to pay deposits 
required by this section shall not exceed 25 percent of the 
annuity computed under section 8415 or section 8452, including 
adjustments under section 8462. The reduction required by this 
subsection, which shall be effective at the same time as the 
election under section 8416(b) and (c) or section 8417(b), 
shall be permanent and unaffected by any future termination of 
the marriage (or domestic partnership) or the entitlement of 
the [former spouse.] former spouse (or former domestic 
partner). Such reduction shall be independent of and in 
addition to the reduction required under section 8416(b) and 
(c) or section 8417(b).

           *       *       *       *       *       *       *


Sec. 8419. Survivor reductions; computation\*\
---------------------------------------------------------------------------

    \*\As amended by bill section 315.
---------------------------------------------------------------------------
    (a)(1) Except as provided in paragraph (2), the annuity of 
an annuitant computed under section 8415, or under section 8452 
(including subsection (a)(2) of such section, if applicable) or 
one-half of the annuity, if jointly designated for this purpose 
by the employee or Member and the spouse (or domestic partner) 
of the employee or Member under procedures prescribed by the 
Office of Personnel Management, shall be reduced by 10 percent 
if a survivor annuity, or a combination of survivor annuities, 
under section 8442 or 8445 (or both) are to be provided for.
    (2)(A) If no survivor annuity under section 8442 is to be 
provided for, but one or more survivor annuities under section 
8445 involving a total of less than the entirety of the amount 
referred to in subsection (b)(2) of such section are to be 
provided for, the annuity of the annuitant involved (as 
computed under section 8415, or under section 8452 (including 
subsection (a)(2) of such section, if applicable)) or one-half 
of the annuity, if jointly designated for this purpose by the 
employee or Member and the spouse (or domestic partner) of the 
employee or Member under procedures prescribed by the Office of 
Personnel Management, shall be reduced by an appropriate 
percentage determined under subparagraph (B).

           *       *       *       *       *       *       *

    [(b)(1) Any reduction in an annuity for the purpose of 
providing a survivor annuity for the current spouse of a 
retired employee or Member shall be terminated for each full 
month--
          [(A) after the death of the spouse; or
          [(B) after the dissolution of the spouse's marriage 
        to the employee or Member, except that an appropriate 
        reduction shall be made thereafter if the spouse is 
        entitled, as a former spouse, to a survivor annuity 
        under section 8445.
    [(2) Any reduction in an annuity for the purpose of 
providing a survivor annuity for a former spouse of a retired 
employee or Member shall be terminated for each full month 
after the former spouse remarries before reaching age 55 or 
dies. This reduction shall be replaced by appropriate 
reductions under subsection (a) if the retired employee or 
Member has one or more of the following:
          [(A) another former spouse who is entitled to a 
        survivor annuity under section 8445;
          [(B) a current spouse to whom the employee or Member 
        was married at the time of retirement and with respect 
        to whom a survivor annuity was not waived under section 
        8416(a) (or, if waived, with respect to whom an 
        election under section 8416(d) has been made); or
          [(C) a current spouse whom the employee or Member 
        married after retirement and with respect to whom an 
        election has been made under subsection (b) or (c) of 
        section 8416.]
  (b)(1) Any reduction in an annuity for the purpose of 
providing a survivor annuity for the current spouse (or current 
domestic partner) of a retired employee or Member shall be 
terminated for each full month--
          (A) after the death of the spouse (or domestic 
        partner); or
          (B) after the dissolution of the spouse's marriage to 
        (or the termination of the domestic partner's domestic 
        partnership with) the employee or Member, except that 
        an appropriate reduction shall be made thereafter if 
        the spouse (or domestic partner) is entitled, as a 
        former spouse (or former domestic partner), to a 
        survivor annuity under section 8445.
    (2) Any reduction in an annuity for the purpose of 
providing a survivor annuity for a former spouse (or former 
domestic partner) of a retired employee or Member shall be 
terminated for each full month after the former spouse 
remarries (or enters into a domestic partnership) (or the 
former domestic partner enters into a subsequent domestic 
partnership or marries) before reaching age 55 or dies. This 
reduction shall be replaced by appropriate reductions under 
subsection (a) if the retired employee or Member has--
          (A) another former spouse (or former domestic 
        partner) who is entitled to a survivor annuity under 
        section 8445;
          (B) a current spouse to whom the employee or Member 
        was married (or a current domestic partner with whom 
        the employee or Member was in a domestic partnership) 
        at the time of retirement and with respect to whom a 
        survivor annuity was not waived under section 8416(a) 
        or, if waived, with respect to whom an election under 
        section 8416(d) has been made; or
          (C) a current spouse whom the employee or Member 
        married (or current domestic partner with whom the 
        employee or Member entered into a domestic partnership) 
        after retirement and with respect to whom an election 
        has been made under subsection (b) or (c) of section 
        8416.

Sec. 8420. Insurable interest reductions\*\
---------------------------------------------------------------------------

    \*\As amended by bill section 316.
---------------------------------------------------------------------------
    (a) * * *
    (b)(1) In the case of a [married employee or Member] 
employee or Member who is married (or in a domestic 
partnership), an election under this section on behalf of the 
spouse or domestic partner may be made only if any right of 
such spouse or domestic partner to a survivor annuity based on 
the service of such employee or Member is waived in accordance 
with section 8416(a).
    (2) Paragraph (1) does not apply in the case of an employee 
or Member if such employee or Member has a former spouse (or 
former domestic partner) who would become entitled to an 
annuity under section 8445 as a survivor of such employee or 
Member.

           *       *       *       *       *       *       *


Sec. 8420a. Alternative forms of annuities\\
---------------------------------------------------------------------------

    \\As amended by bill section 317.
---------------------------------------------------------------------------
    (a) * * *
    (b) Subject to subsection (c), the Office shall by 
regulation provide for such alternative forms of annuities as 
the Office considers appropriate, except that among the 
alternatives offered shall be--
          (1) * * *
          (2) in the case of an employee or Member who is 
        married (or in a domestic partnership) at the time of 
        retirement, an alternative which provides for--
                  (A) * * *
                  (B) payment of an annuity to the employee or 
                Member for life, with a survivor annuity 
                payable for the life of a [surviving spouse.] 
                surviving spouse (or surviving domestic 
                partner).

           *       *       *       *       *       *       *

    (d) An employee or Member who, at the time of retiring 
under this subchapter--
          (1) is [married,] married (or in a domestic 
        partnership) shall be ineligible to make an election 
        under this section unless a waiver is made under 
        section 8416(a); or
          (2) has a former spouse (or former domestic partner), 
        shall be ineligible to make an election under this 
        section if the former spouse (or former domestic 
        partner) is entitled to benefits under section 8445 or 
        8467 (based on the service of the employee or Member) 
        under the terms of a decree of divorce or annulment, or 
        a court order or court-approved property settlement 
        incident to any such decree, with respect to which the 
        Office has been duly notified.
    (e) An employee or Member who is married (or in a domestic 
partnership) at the time of retiring under this subchapter and 
who makes an election under this section may, during the 18-
month period beginning on the date of retirement, make the 
election provided for under section 8416(d), subject to the 
deposit requirement thereunder.

           *       *       *       *       *       *       *


Sec. 8424. Lump-sum benefits; designation of beneficiary; order of 
                    precedence\*\
---------------------------------------------------------------------------

    \*\As amended by bill section 318.
---------------------------------------------------------------------------
    (a) * * *
    (b)(1)(A) Payment of the lump-sum credit under subsection 
(a) may be made only if [the spouse, if any, and any former 
spouse] any spouse or former spouse (and any domestic partner 
or former domestic partner) of the employee or Member are 
notified of the employee or Member's application.
    (B) The Office shall prescribe regulations under which the 
lump-sum credit shall not be paid without the consent of a 
[spouse or former spouse] spouse or former spouse (or domestic 
partner or former domestic partner) of the employee or Member 
where the Office has received such additional information or 
documentation as the Office may require that--

           *       *       *       *       *       *       *

          (ii) payment of the lump-sum credit would extinguish 
        the entitlement of the [spouse or former spouse] spouse 
        or former spouse (or domestic partner or former 
        domestic partner), under a court order on file with the 
        Office, to a survivor annuity under section 8445 or to 
        any portion of an annuity under section 8467.
    (2)(A) Notification of a [spouse or former spouse] spouse 
or former spouse (or domestic partner or former domestic 
partner) under this subsection shall be made in accordance with 
such requirements as the Office shall by regulation prescribe.
    (B) Under the regulations, the Office may provide that 
paragraph (1)(A) may be waived with respect to a [spouse or 
former spouse] spouse or former spouse (or domestic partner or 
former domestic partner) if the employee or Member establishes 
to the satisfaction of the Office that the whereabouts of such 
[spouse or former spouse] spouse or former spouse (or domestic 
partner or former domestic partner) cannot be determined.

           *       *       *       *       *       *       *

    (d) Lump-sum benefits authorized by subsections (e) through 
(g) shall be paid to the individual or individuals surviving 
the employee or Member and alive at the date title to the 
payment arises in the following order of precedence, and the 
payment bars recovery by any other individual:
          First, to the beneficiary or beneficiaries designated 
        by the employee or Member in a signed and witnessed 
        writing received in the Office before the death of such 
        employee or Member. For this purpose, a designation, 
        change, or cancellation of beneficiary in a will or 
        other document not so executed and filed has no force 
        or effect.
          Second, if there is no designated beneficiary, to the 
        [widow or widower] widow or widower (or surviving 
        partner) of the employee or Member.
          Third, if none of the above, to the child or children 
        of the employee or Member and descendants of deceased 
        children by representation.
          Fourth, if none of the above, to the parents of the 
        employee or Member or the survivor of them.
          Fifth, if none of the above, to the duly appointed 
        executor or administrator of the estate of the employee 
        or Member.
          Sixth, if none of the above, to such other next of 
        kin of the employee or Member as the Office determines 
        to be entitled under the laws of the domicile of the 
        employee or Member at the date of death of the employee 
        or Member.
    For the purpose of this subsection, ``child'' includes a 
natural child and an adopted child, but does not include a 
[stepchild.] stepchild (or a child of a domestic partner which 
child is not otherwise a child of the employee or Member).

           *       *       *       *       *       *       *


                  Subchapter III--Thrift Savings Plan


Sec. 8433. Benefits and election of benefits\*\
---------------------------------------------------------------------------

    \*\As amended by bill section 321.
---------------------------------------------------------------------------
    (a) * * *

           *       *       *       *       *       *       *

    (e)(1) * * *
    [(2) Notwithstanding section 8424(d), if an employee, 
Member, former employee, or former Member dies and has 
designated as sole or partial beneficiary his or her spouse at 
the time of death, or, if an employee, Member, former employee, 
or former Member, dies with no designated beneficiary and is 
survived by a spouse, the spouse may maintain the portion of 
the employee's or Member's account to which the spouse is 
entitled in accordance with the following terms:
          [(A) Subject to the limitations of subparagraph (B), 
        the spouse shall have the same withdrawal options under 
        subsection (b) as the employee or Member were the 
        employee or Member living.
          [(B) The spouse may not make withdrawals under 
        subsection (g) or (h).
          [(C) The spouse may not make contributions or 
        transfers to the account.
          [(D) The account shall be disbursed upon the death of 
        the surviving spouse. A beneficiary or surviving spouse 
        of a deceased spouse who has inherited an account is 
        ineligible to maintain the inherited spousal account.]
    (2) Notwithstanding section 8424(d), if an employee, 
Member, former employee, or former Member dies and has 
designated as sole or partial beneficiary his or her spouse (or 
domestic partner) at the time of death, or, if an employee, 
Member, former employee, or former Member, dies with no 
designated beneficiary and is survived by a spouse (or domestic 
partner), the spouse (or domestic partner) may maintain the 
portion of the employee's or Member's account to which the 
spouse (or domestic partner) is entitled in accordance with the 
following terms:
          (A) Subject to the limitations of subparagraph (B), 
        the spouse (or domestic partner) shall have the same 
        withdrawal options under subsection (b) as the employee 
        or Member were the employee or Member living.
          (B) The spouse (or domestic partner) may not make 
        withdrawals under subsection (g) or (h).
          (C) The spouse (or domestic partner) may not make 
        contributions or transfers to the account.
          (D) The account shall be disbursed upon the death of 
        the surviving spouse (or surviving domestic partner). A 
        beneficiary or surviving spouse (or surviving domestic 
        partner) of a deceased spouse (or domestic partner) who 
        has inherited an account is ineligible to maintain the 
        inherited spousal account.

           *       *       *       *       *       *       *


Sec. 8434. Annuities: methods of payment; election; purchase\*\
---------------------------------------------------------------------------

    \*\As amended by bill section 322.
---------------------------------------------------------------------------
    (a)(1) * * *
    (2) The methods of payment prescribed under paragraph (1) 
shall include, but not be limited to--
          (A) * * *
          (B) a method which provides for the payment of a 
        monthly annuity to an annuitant for the joint lives of 
        the annuitant and the spouse (or domestic partner) of 
        the annuitant and an appropriate monthly annuity to the 
        one of them who survives the other of them for the life 
        of the survivor;

           *       *       *       *       *       *       *

          (E) a method which provides for the payment of a 
        monthly annuity--
                  (i) to the annuitant for the joint lives of 
                the annuitant and an individual who is 
                designated by the annuitant under regulations 
                prescribed by the Executive Director and (I) is 
                a former spouse (or former domestic partner) of 
                the annuitant, or (II) has an insurable 
                interest in the annuitant; and

           *       *       *       *       *       *       *


Sec. 8435. Protections for spouses and former spouses (and domestic 
                    partners and former domestic partners)\\
---------------------------------------------------------------------------

    \\As amended by bill section 323.
---------------------------------------------------------------------------
    (a)(1)(A) [A married employee or Member (or former employee 
or Member)] An employee or Member, or former employee or former 
member, who is married (or in a domestic partnership) may 
withdraw all or part of a Thrift Savings Fund account under 
subsection (b)(2), (3), or (4) of section 8433 of this title or 
change a withdrawal election only if the employee or Member (or 
former employee or Member) satisfies the requirements of 
subparagraph (B). [A married employee or Member (or former 
employee or Member)] An employee or Member, or former employee 
or former member, who is married (or in a domestic partnership) 
may make a withdrawal from a Thrift Savings Fund account under 
subsection (c)(1) of section 8433 of this title only if the 
employee or Member (or former employee or Member) satisfies the 
requirements of subparagraph (B).
    (B) An employee or Member (or former employee or Member) 
may make an election or change referred to in subparagraph (A) 
if the employee or Member and the employee's or Member's spouse 
(or domestic partner) (or the former employee or Member and the 
former employee's or Member's spouse (or domestic partner)) 
jointly waive, by written election, any right which the spouse 
(or domestic partner) may have to a survivor annuity with 
respect to such employee or Member (or former employee or 
Member) under section 8434 of this title or subsection (b).
    (2) Paragraph (1) shall not apply to an election or change 
of election by an employee or Member (or former employee or 
Member) who establishes to the satisfaction of the Executive 
Director (at the time of the election or change and in 
accordance with regulations prescribed by the Executive 
Director)--
          (A) that the spouse's (or domestic partner's) 
        whereabouts cannot be determined; or
          (B) that, due to exceptional circumstances, requiring 
        the spouse's (or domestic partner's) waiver would 
        otherwise be inappropriate.
    (b)(1) Notwithstanding any election under subsection (b) of 
section 8434 of this title, the method described in subsection 
(a)(2)(B) of such section (or, if more than one form of such 
method is available, the form which the Board determines to be 
the one which provides for a surviving spouse (or surviving 
domestic partner) a survivor annuity most closely approximating 
the annuity of a surviving spouse (or surviving domestic 
partner) under section 8442 of this title) shall be deemed the 
applicable method under such subsection (b) in the case of an 
employee, Member, former employee, or former Member who is 
married (or in a domestic partnership) on the date on which an 
annuity contract is purchased to provide for the employee's, 
Member's, former employee's, or former Member's annuity under 
this subchapter.
    (2) Paragraph (1) shall not apply if--
          (A) a joint waiver of such method is made, in 
        writing, by the employee or Member and the spouse (or 
        domestic partner); or

           *       *       *       *       *       *       *

    (d)(1) Subject to paragraphs (2) through (7), a former 
spouse (or former domestic partner) of a deceased employee or 
Member (or a deceased former employee or Member) who died after 
performing 18 or more months of service and a former spouse (or 
former domestic partner) of a deceased former employee or 
Member who died entitled to an immediate or deferred annuity 
under subchapter II of this chapter is entitled to a survivor 
annuity under this subsection if and to the extent that--
          (A) * * *

           *       *       *       *       *       *       *

    (3) The amount of the survivor annuity payable from the 
Thrift Savings Fund to a former spouse (or former domestic 
partner) of a deceased employee, Member, former employee, or 
former Member under this section may not exceed the excess, if 
any, of--
          (A) the amount of the survivor annuity determined for 
        a surviving spouse (or surviving domestic partner) of 
        the deceased employee, Member, former employee, or 
        former Member under the method described in subsection 
        (b)(1), over
          (B) the total amount of all other survivor annuities 
        payable under this subchapter to other former spouses 
        (or former domestic partners) of such deceased 
        employee, Member, former employee, or former Member 
        based on the order of precedence provided in paragraph 
        (4).
    (4) If more than one former spouse (or former domestic 
partner) of a deceased employee, Member, former employee, or 
former Member is entitled to a survivor annuity pursuant to 
this subsection, the amount of each such survivor annuity shall 
be limited appropriately to carry out paragraph (3) in the 
order of precedence established for the entitlements by the 
chronological order of the dates on which elections are 
properly made pursuant to section 8434(a)(2)(E) of this title 
and the dates on which the court decrees, orders, or agreements 
applicable to the entitlement were issued, as the case may be.
    (5) Subsections (c) and (d) of section 8445 of this title 
shall apply to an entitlement of a former spouse (or former 
domestic partner) to a survivor annuity under this subsection.
    (6) For the purposes of this section, a court decree, 
order, or agreement or an election referred to in subsection 
(a) of this section shall not be effective, in the case of a 
former spouse (or former domestic partner), to the extent that 
the election is inconsistent with any joint waiver previously 
executed with respect to such former spouse (or former domestic 
partner) under subsection (a)(2) or (b)(2).

           *       *       *       *       *       *       *

    [(e)(1)(A) A loan or withdrawal may be made to a married 
employee or Member under section 8433(g) and (h) of this title 
only if the employee's or Member's spouse consents to such loan 
or withdrawal in writing.]
    (e)(1)(A) A loan or withdrawal under subsection (g) or (h) 
of section 8433 may be made to an employee or Member who is 
married (or in a domestic partnership) only if the employee's 
or Member's spouse (or domestic partner) consents to such loan 
or withdrawal in writing.

           *       *       *       *       *       *       *

    (C) Subparagraph (A) shall not apply to a loan or 
withdrawal to an employee or Member who establishes to the 
satisfaction of the Executive Director (at the time the 
employee or Member applies for such loan or withdrawal and in 
accordance with regulations prescribed by the Executive 
Director)--
          (i) that the spouse's (or domestic partner's) 
        whereabouts cannot be determined; or
          (ii) that, due to exceptional circumstances, 
        requiring the employee or Member to seek the spouse's 
        (or domestic partner's) consent would otherwise be 
        inappropriate.

           *       *       *       *       *       *       *

    (g) Except with respect to the making of loans or 
withdrawals under section 8433(g) and (h), none of the 
provisions of this section requiring notification to, or the 
consent or waiver of, a spouse or former spouse (or domestic 
partner or former domestic partner) of an employee, Member, 
former employee, or former Member shall apply in any case in 
which the nonforfeitable account balance of the employee, 
Member, former employee, or former Member is $3,500 or less.

           *       *       *       *       *       *       *


Sec. 8440a. Justices and judges\*\
---------------------------------------------------------------------------

    \*\As amended by bill section 324.
---------------------------------------------------------------------------
    (a) * * *
    (b)(1) * * *

           *       *       *       *       *       *       *

    (6) The provisions of section 8351(b)(5) of this title 
shall govern the rights of spouses (or domestic partners) of 
justices or judges contributing to the Thrift Savings Fund 
under this section.

           *       *       *       *       *       *       *


                   Subchapter IV--Survivor Annuities


Sec. 8441. Definitions\\
---------------------------------------------------------------------------

    \\As amended by bill section 331.
---------------------------------------------------------------------------
    For the purpose of this subchapter--
          (1) * * *

           *       *       *       *       *       *       *

          (3) the term ``surviving partner''--
                  (A) means the surviving domestic partner of 
                an employee, Member, or annuitant, or of a 
                former employee or Member, who--
                          (i) was in a domestic partnership 
                        with such employee, Member, or 
                        annuitant, or former employee or 
                        Member, for at least 9 months 
                        immediately before the death of such 
                        employee, Member, or annuitant, or 
                        former employee or Member; or
                          (ii) satisfies such other 
                        requirements, based on parenthood and 
                        the domestic partnership, as the 
                        Director of the Office of Personnel 
                        Management shall by regulation 
                        prescribe based on the definition of a 
                        widow or widower under paragraphs 
                        (1)(B) and (2)(B) of this section; and
                  (B) notwithstanding subparagraph (A), 
                includes a surviving domestic partner described 
                under that subparagraph only if the employee, 
                Member, annuitant, or former employee or Member 
                performed at least 18 months of service as a 
                Federal employee;
          [(3)](4) the term ``dependent,'' in the case of any 
        child, means that the employee, Member, or annuitant 
        involved was, at the time of death of the employee, 
        Member, or annuitant either living with or contributing 
        to the support of such child, as determined in 
        accordance with such regulations as the Office shall 
        prescribe; and
          [(4)](5) the term ``child'' means--
                  (A) [an unmarried dependent child] a 
                dependent child who is unmarried (and not in a 
                domestic partnership) under 18 years of age, 
                including (i) an adopted child, (ii) a 
                stepchild but only if the stepchild lived with 
                the employee, Member, or annuitant in a regular 
                parent-child relationship, (iii) a recognized 
                natural child, [and] (iv) a child who lived 
                with and for whom a petition of adoption was 
                filed by an employee, Member, or annuitant and 
                who is adopted by the widow or widower (or 
                surviving partner) of the employee, Member, or 
                annuitant after the death of such employee, 
                Member, or annuitant, and (v) a child of a 
                domestic partner of an employee, Member, or 
                annuitant (not adopted by the employee, Member, 
                or annuitant), but only if--
                                  (I) the child lived with the 
                                employee, Member, or annuitant 
                                in a regular parent-child 
                                relationship; and
                                  (II) the employee, Member, or 
                                annuitant performed at least 18 
                                months of service as a Federal 
                                employee;
                  (B) such [unmarried dependent child] 
                dependent child who is unmarried (and not in a 
                domestic partnership) regardless of age who is 
                incapable of self-support because of mental or 
                physical disability incurred before age 18; or
                  (C) such [unmarried dependent child] 
                dependent child who is unmarried (and not in a 
                domestic partnership) between 18 and 22 years 
                of age who is a student regularly pursuing a 
                full-time course of study or training in 
                residence in a high school, trade school, 
                technical or vocational institute, junior 
                college, college, university, or comparable 
                recognized educational institution.

           *       *       *       *       *       *       *


Sec. 8442. Rights of a widow or widower (or surviving partner)\*\
---------------------------------------------------------------------------

    \*\As amended by bill section 332.
---------------------------------------------------------------------------
    (a)(1) Except as provided in subsection (g), if an 
annuitant dies and is survived by a widow or widower (or 
surviving partner), the widow or widower (or surviving partner) 
is entitled to an annuity equal to 50 percent of an annuity 
computed under section 8415 with respect to the annuitant, (or 
one-half thereof, if designated for this purpose under section 
8419 of this title), unless--
          (A) * * *
          (B) in the case of a marriage (or entry into a 
        domestic partnership) after retirement, the annuitant 
        did not file an election under section 8416(b) or (c), 
        as the case may be.
    (2) A spouse (or domestic partner) acquired after 
retirement is entitled to an annuity under this subsection (as 
provided in paragraph (1)) only upon electing this annuity 
instead of any other survivor benefit to which such spouse (or 
domestic partner) may be entitled under this subchapter or 
section 8424 or under another retirement system for Government 
employees.
    (b)(1) If an employee or Member dies after completing at 
least 18 months of civilian service creditable under section 
8411 and is survived by a widow or widower (or surviving 
partner), the widow or widower (or surviving partner) is 
entitled to--
          (A) * * *

           *       *       *       *       *       *       *

    (2) The Office shall prescribe regulations under which the 
total amount payable to a widow or widower (or surviving 
partner) under paragraph (1)(A) may, at the election of the 
widow or widower (or surviving partner), be paid--
          (A) * * *

           *       *       *       *       *       *       *

    (c)(1) If a former employee or Member dies after having 
separated from the service with title to a deferred annuity 
under section 8413 but before having established a valid claim 
for an annuity, and is survived by a widow or widower to whom 
married (or a surviving partner with whom in a domestic 
partnership) on the date of separation, the [widow or widower] 
widow or widower (or a surviving partner) may elect to 
receive--
          (A) * * *
          (B) the lump-sum credit, if the [widow or widower] 
        widow or widower (or surviving partner) is the 
        individual who would be entitled to the lump-sum credit 
        and if such [widow or widower] widow or widower (or 
        surviving partner) files application therefor with the 
        Office.
    (2)(A)(i) Subject to clause (ii) and subparagraph (B)(ii), 
the annuity of the [widow or widower] widow or widower (or 
surviving partner) is equal to 50 percent of an annuity 
computed under section 8415 for the former employee or Member.
    (ii)(I) In computing an amount under section 8415 for a 
former employee or Member (described in subclause (II)) in 
order to compute the annuity for a [widow or widower] widow or 
widower (or surviving partner) under this subsection, the 
computation under section 8415 shall be made as if the former 
employee or Member had attained the applicable minimum 
retirement age under section 8412(h).

           *       *       *       *       *       *       *

    (B)(i) Notwithstanding the first sentence of subsection 
(d)(1), the annuity of the [widow or widower] widow or widower 
(or surviving partner) of a former employee or Member under 
subparagraph (A)(ii) commences--
          (I) * * *
          (II) if the [widow or widower] widow or widower (or 
        surviving partner) so designates in the election, as of 
        the day after the death of the former employee or 
        Member.
    (ii) The present value of the annuity of a [widow or 
widower] widow or widower (or surviving partner) who chooses 
the earlier commencement date under clause (i)(II) shall be 
actuarially equivalent to the present value of an annuity 
computed for the [widow or widower] widow or widower (or 
surviving partner), determined as if the commencement date 
under clause (i)(I) were applicable.
    (3)(A) * * *
    (B) Nothing in this subsection shall be considered to 
affect the provisions of this chapter relating to a lump-sum 
credit in the case of the [widow or widower] widow or widower 
(or surviving partner) of a former employee or Member who dies 
after completing less than 10 years of service.
    (d)(1) The annuity of a [widow or widower] widow or widower 
(or surviving partner) under this section commences on the day 
after the death of the individual on whose service such annuity 
is based. This annuity and the right thereto terminate on the 
last day of the month before the [widow or widower] widow or 
widower (or surviving partner)--
          (A) * * *
          (B) except as provided in paragraph (3), remarries 
        (or, in the case of a widow or widower, enters into a 
        domestic partnership) (or, in the case of a surviving 
        partner, enters into a subsequent domestic partnership 
        or marries) before becoming 55 years of age.
    (2) In the case of a [widow or widower] widow or widower 
(or surviving partner) whose annuity under this section is 
terminated because of [remarriage before] subsequent entry into 
a marriage (or domestic partnership) before becoming 55 years 
of age, the annuity shall be restored at the same rate 
commencing on the day the [remarriage is dissolved by death, 
divorce, or annulment,] subsequently entered marriage is 
dissolved by death, divorce, annulment (or subsequently entered 
domestic partnership is terminated), if--
          (A) the [widow or widower] widow or widower (or 
        surviving partner) elects to receive this annuity 
        instead of any other survivor benefit to which such 
        [widow or widower] widow or widower (or surviving 
        partner) may be entitled (under this subchapter or 
        section 8424 or under another retirement system for 
        Government employees) by reason of the [remarriage;] 
        subsequently entered marriage (or domestic 
        partnership); and

           *       *       *       *       *       *       *

    (3) Paragraph (1)(B) (relating to termination of a survivor 
annuity because of a [remarriage] subsequent entry into a 
marriage (or domestic partnership) before age 55) shall not 
apply if the [widow or widower] widow or widower (or surviving 
partner) was married for at least 30 years to (or in a domestic 
partnership for at least 30 years with) the individual on whose 
service the survivor annuity is based.
    (e) The requirement in paragraphs (1)(A) and (2)(A) of 
section 8441 that the widow or widower (or surviving partner) 
of an annuitant, employee, or Member, or of a former employee 
or Member, have been married to (or in a domestic partnership 
with) such individual for at least 9 months immediately before 
the death of the individual in order to qualify as the widow or 
widower (or surviving partner) of such individual shall be 
deemed satisfied in any case in which the individual dies 
within the applicable 9-month period, if--
          (1) * * *
          [(2) the surviving spouse of the individual had been 
        previously married to such individual and subsequently 
        divorced, and the aggregate time married is at least 9 
        months.]
          (2) the surviving spouse (or surviving domestic 
        partner) of such individual had been previously married 
        to (or in a domestic partnership with) the individual 
        that was subsequently dissolved (or terminated), and 
        the aggregate time married (or in a domestic 
        partnership) is at least 9 months.

           *       *       *       *       *       *       *

    (g)(1) If the [widow or widower] widow, widower, or 
surviving partner of an annuitant under section 8452 
(hereinafter in this subsection referred to as a ``disability 
annuitant'') is determined under subsection (a) to be entitled 
to an annuity based on the service of such disability 
annuitant, the annuity of the [widow or widower] widow, 
widower, or surviving partner shall be equal to 50 percent of 
the amount determined under paragraph (2) (or one-half thereof 
if designated for this purpose under section 8419 of this 
title), rather than of the amount referred to in subsection 
(a).
    (2)(A) Except as provided in subparagraph (B), the amount 
on which the annuity of the [widow or widower] widow, widower, 
or surviving partner of a disability annuitant is based shall 
be the amount of the annuity to which such disability annuitant 
was entitled, as computed under section 8452 (including 
appropriate reduction under subsection (a)(2) of such section 
and any adjustments under section 8462 allowed under section 
8452), as of the day before the date of the disability 
annuitant's death.
    (B)(i) In the case of a [widow or widower] widow, widower, 
or surviving partner entitled to an annuity based on the 
service of a disability annuitant who dies before age 62, the 
amount under clause (ii) shall apply instead of the amount 
which would otherwise apply under subparagraph (A).

           *       *       *       *       *       *       *

    (h) The following rules shall apply notwithstanding any 
other provision of this section:
          (1) The annuity payable under this section to a 
        [widow or widower] widow or widower (or surviving 
        partner) may not exceed the difference between--
                  (A) the amount of the annuity which would 
                otherwise be payable to such [widow or widower] 
                widow or widower (or surviving partner) under 
                this section; and
                  (B) the amount of the annuity payable to any 
                former spouse(or former domestic partner) of 
                the deceased employee, Member, or annuitant, or 
                former employee or Member, based on an election 
                made under section 8417(b) or a court order 
                previously issued or agreement previously 
                entered into as described in section 8445(a).
          (2) The amount payable under subsection (b)(1)(A) to 
        a [widow or widower] widow or widower (or surviving 
        partner) may not exceed the difference between--
                  (A) the amount which would otherwise be 
                payable to such [widow or widower] widow or 
                widower (or surviving partner) under such 
                subsection; and
                  (B) the portion of such amount payable to any 
                former spouse (or former domestic partner) of 
                the deceased employee, Member, or annuitant, or 
                former employee or Member, based on a court 
                order previously issued or agreement previously 
                entered into.

Sec. 8443. Rights of a child\*\
---------------------------------------------------------------------------

    \*\As amended by bill section 333.
---------------------------------------------------------------------------
    (a) * * *

           *       *       *       *       *       *       *

    (b) The annuity of a child under this subchapter--
          (1) * * *

           *       *       *       *       *       *       *

This annuity and the right thereto terminate on the last day of 
the month before the child--
                  (A) * * *

           *       *       *       *       *       *       *

                  [(E) dies or marries;
whichever occurs first. On the death of the surviving wife or 
husband, or former wife or husband, or termination of the 
annuity of a child, the annuity of any other child or children 
shall be recomputed and paid as though the wife or husband, 
former wife or husband, or child had not survived the 
annuitant, employee, or Member. If the annuity of a child under 
this subchapter terminates under subparagraph (E) because of 
marriage, then, if such marriage ends, such annuity shall 
resume on the first day of the month in which it ends, but only 
if any lump sum paid is returned to the Fund, and that 
individual is not otherwise ineligible for such annuity.]
                  (E) dies or marries (or enters into a 
                domestic partnership);
whichever occurs first. On the death of the surviving wife or 
husband (or surviving domestic partner), or former wife or 
husband (or former domestic partner), or termination of the 
annuity of a child, the annuity of any other child or children 
shall be recomputed and paid as though the wife or husband (or 
domestic partner), former wife or husband (or former domestic 
partner), or child had not survived the annuitant, employee, or 
Member. If the annuity of a child under this subchapter 
terminates under subparagraph (E) because of marriage (or 
domestic partnership), then, if such marriage (or domestic 
partnership) ends, such annuity shall resume on the first day 
of the month in which it ends, but only if any lump sum paid is 
returned to the Fund, and that individual is not otherwise 
ineligible for such annuity.

           *       *       *       *       *       *       *


Sec. 8445. Rights of a former spouse (or former domestic partner)\*\
---------------------------------------------------------------------------

    \*\As amended by bill section 334.
---------------------------------------------------------------------------
    (a) Subject to subsections (b) through (e), a former spouse 
(or former domestic partner) of a deceased employee, Member, or 
annuitant (or of a former employee or Member who dies after 
having separated from the service with title to a deferred 
annuity under section 8413 but before having established a 
valid claim for annuity) is entitled to an annuity under this 
section, if and to the extent expressly provided for in an 
election under section 8417(b), or, in the case of a former 
spouse, in the terms of any decree of divorce or annulment or 
any court order or court-approved property settlement agreement 
incident to such decree.
    (b)(1) The annuity payable to a former spouse (or former 
domestic partner) under this section may not exceed the 
difference between--
          (A) the amount applicable in the case of such former 
        spouse (or former domestic partner), as determined 
        under paragraph (2); and
          (B) the amount of any annuity payable under this 
        section to any other former spouse (or former domestic 
        partner) of the employee, Member, or annuitant, or 
        former employee or Member, based on an election 
        previously made under section 8417(b), or a court order 
        previously issued or agreement previously entered into 
        as described in subsection (a).
    (2) The applicable amount, for purposes of paragraph (1)(A) 
in the case of a former spouse (or former domestic partner), is 
the amount of the annuity which would be payable under the 
provisions of section 8442 (including subsection (f) of such 
section, but without regard to subsection (h) of such section) 
if such former spouse (or former domestic partner) were a widow 
or widower (or surviving partner) entitled to an annuity under 
such provisions based on the service of the deceased employee, 
Member, or annuitant, or former employee or Member.
    (c) The commencement and termination of an annuity payable 
under this section shall be governed by the terms of the 
applicable order, decree, agreement, or election, as the case 
may be, except that any such annuity--
          (1) * * *
          (2) except as provided in subsection (h), shall 
        terminate no later than the last day of the month 
        before the former spouse remarries (or enters into a 
        domestic partnership) (or the former domestic partner 
        enters into a subsequent domestic partnership or 
        marries) before becoming 55 years of age or dies.

           *       *       *       *       *       *       *

    (e) For purposes of this chapter, a decree, order, 
agreement, or election referred to in subsection (a) shall not 
be effective, in the case of a former spouse (or former 
domestic partner), to the extent that it is inconsistent with 
any joint waiver previously executed with respect to such 
former spouse (or former domestic partner) under section 
8416(a).

           *       *       *       *       *       *       *

    [(h)(1) Subsection (c)(2) (to the extent that it provides 
for termination of a survivor annuity because of a remarriage 
before age 55) shall not apply if the former spouse was married 
for at least 30 years to the individual on whose service the 
survivor annuity is based.
    [(2) A remarriage described in paragraph (1) shall not be 
taken into account for purposes of section 8419(b)(1)(B) or any 
other provision of this chapter which the Office may by 
regulation identify in order to carry out the purposes of this 
subsection.]
    (h)(1) Subsection (c)(2), to the extent that it provides 
for termination of a survivor annuity because of a subsequent 
entry into a marriage (or domestic partnership) before age 55, 
shall not apply if the former spouse (or former domestic 
partner) was married to (or in a domestic partnership with) the 
individual on whose service the survivor annuity is based for 
at least 30 years.
    (2) A subsequent entry into a marriage (or domestic 
partnership) described in paragraph (1) shall not be taken into 
account for purposes of section 8419(b)(1)(B) or any other 
provision of this chapter which the Director may by regulation 
identify in order to carry out the purposes of this subsection.

           *       *       *       *       *       *       *


          Subchapter VI--General and Administrative Provisions


Sec. 8461. Authority of the Office of Personnel Management\*\
---------------------------------------------------------------------------

    \*\As amended by bill Sec. 341.
---------------------------------------------------------------------------
    (a) * * *

           *       *       *       *       *       *       *

    (j)(1) Notwithstanding any other provision of this chapter, 
the Director of Central Intelligence shall, in a manner 
consistent with the administration of this chapter by the 
Office, and to the extent considered appropriate by the 
Director of Central Intelligence--
          (A) * * *

           *       *       *       *       *       *       *

          (D) collect deposits to the Fund made by [such 
        employees, their spouses, their former spouses, and 
        their survivors] such employees and their spouses (and 
        domestic partners), former spouses (and former domestic 
        partners), and survivors;

           *       *       *       *       *       *       *


Sec. 8462. Cost-of-living adjustments
---------------------------------------------------------------------------

    \\As amended by bill Sec. 342.
---------------------------------------------------------------------------
    (a) * * *

           *       *       *       *       *       *       *

    (c) Eligibility for an annuity increase under this section 
is governed by the commencing date of each annuity payable from 
the Fund as of the effective date of an increase, except as 
follows:
          (1) * * *
          (2) Effective from its commencing date, an annuity 
        payable from the Fund to an annuitant's [survivor 
        (other than a widow or widower whose annuity is 
        computed under section 8442(g) or a child under section 
        8443)] survivor, other than a widow or widower (or 
        surviving partner) whose annuity is computed under 
        section 8442(g) or a child under section 8443, shall be 
        increased by the total percentage by which the deceased 
        annuitant's annuity had been increased under this 
        section during the period beginning on the date the 
        deceased annuitant's annuity commenced and ending on 
        the date of the deceased annuitant's death.

           *       *       *       *       *       *       *

          (4) The first increase (if any) made under subsection 
        (b) to an annuity which is payable from the Fund to a 
        widow or widower (or surviving partner) whose annuity 
        is computed under section 8442(g) shall be equal to the 
        product (adjusted to the nearest one-tenth of 1 
        percent) of--
                  (A) * * *
                  (B) the number of months (not to exceed 12 
                months, counting any portion of a month as a 
                month) since--
                          (i) the effective date of the 
                        adjustment last made under this section 
                        in the annuity of the annuitant on 
                        whose service on the widow's or 
                        widower's (or surviving partner's) 
                        annuity is based; or

           *       *       *       *       *       *       *


Subchapter VII--Federal Retirement Thrift Investment Management System

           *       *       *       *       *       *       *



Sec. 8477. Fiduciary responsibilities; liability and penalties\*\
---------------------------------------------------------------------------

    \*\As amended by bill section 351.
---------------------------------------------------------------------------
    (a) For the purposes of this section--
          (1) * * *

           *       *       *       *       *       *       *

          (4) the term ``party in interest'' includes--
                  (A) * * *

           *       *       *       *       *       *       *

                  [(F) a spouse, sibling, ancestor, lineal 
                descendant, or spouse of a lineal descendant of 
                a person described in subparagraph (A), (B), or 
                (D);]
                  (F) a spouse (or domestic partner), sibling, 
                ancestor, lineal descendant, or spouse (or 
                domestic partner) of a lineal descendant of a 
                person described in subparagraph (A), (B), or 
                (D);

           *       *       *       *       *       *       *


                       CHAPTER 87--LIFE INSURANCE


Sec. 8701. Definitions\*\
---------------------------------------------------------------------------

    \*\As amended by bill section 401(a)(1).
---------------------------------------------------------------------------
    (a) * * *

           *       *       *       *       *       *       *

    (d)(1) For the purpose of this chapter, ``family member'', 
when used with respect to any individual, means--
          (A) the spouse (or domestic partner) of the 
        individual; and
          (B) an unmarried dependent child of the individual 
        (other than a stillborn child), including an adopted 
        child, stepchild (or child of the individual's domestic 
        partner) or foster child (but only if the stepchild (or 
        child of the individual's domestic partner) or foster 
        child lived with the individual in a regular parent-
        child relationship), or recognized natural child--
                  (i) * * *

           *       *       *       *       *       *       *

    (3) For the purpose of this subsection, ``domestic 
partner'' has the meaning given under section 2501.

           *       *       *       *       *       *       *


Sec. 8705. Death claims; order of precedence; 
                    escheat
---------------------------------------------------------------------------

    \\As amended by bill section 401(a)(2).
---------------------------------------------------------------------------
    (a) Except as provided in subsection (e), the amount of 
group life insurance and group accidental death insurance in 
force on an employee at the date of his death shall be paid, on 
the establishment of a valid claim, to the person or persons 
surviving at the date of his death, in the following order of 
precedence:
    First, to the beneficiary or beneficiaries designated by 
the employee in a signed and witnessed writing received before 
death in the employing office or, if insured because of receipt 
of annuity or of benefits under subchapter I of chapter 81 of 
this title as provided by section 8706(b) of this title, in the 
Office of Personnel Management. For this purpose, a 
designation, change, or cancellation of beneficiary in a will 
or other document not so executed and filed has no force or 
effect.
    Second, if there is no designated beneficiary, to the widow 
or widower (or surviving domestic partner) of the employee.
    Third, if none of the above, to the child or children of 
the employee and descendants of deceased children by 
representation.
    Fourth, if none of the above, to the parents of the 
employee or the survivor of them.
    Fifth, if none of the above, to the duly appointed executor 
or administrator of the estate of the employee.
    Sixth, if none of the above, to other next of kin of the 
employee entitled under the laws of the domicile of the 
employee at the date of his death.

           *       *       *       *       *       *       *


Sec. 8714c. Optional life insurance on family members\*\
---------------------------------------------------------------------------

    \*\As amended by bill section 401(a)(3).
---------------------------------------------------------------------------
    (a) * * *
    (b)(1) The optional life insurance on family members 
provided under this section shall be made available to each 
eligible employee who has elected coverage under this section, 
under conditions the Office shall prescribe, in multiples, at 
the employee's election, of 1, 2, 3, 4, or 5 times--
          (A) $5,000 for a [spouse;] spouse (or domestic 
        partner); and

           *       *       *       *       *       *       *


CHAPTER 89--HEALTH INSURANCE

           *       *       *       *       *       *       *



Sec. 8901. Definitions
---------------------------------------------------------------------------

    \\As amended by bill section 402(a).
---------------------------------------------------------------------------
    For the purpose of this chapter--
          (1) * * *

           *       *       *       *       *       *       *

          (5) ``member of family'' means the spouse of an 
        employee or annuitant (or the domestic partner of a 
        Federal employee or of a Federal annuitant) and an 
        unmarried dependent child under 22 years of age, 
        including--
                  (A) an adopted child or recognized natural 
                child; [and]
                  (B) a stepchild or foster child but only if 
                the child lives with the employee or annuitant 
                in a regular parent-child relationship; and
                  (C) a child of the domestic partner of a 
                Federal employee or of a Federal annuitant, 
                unless adopted by such individual, but only if 
                the child lives with the Federal employee or 
                Federal annuitant in a regular parent-child 
                relationship;

           *       *       *       *       *       *       *

          (8) ``employee organization'' means--
                  (A) * * *
                  (B) an association or other organization 
                which is national in scope, in which membership 
                is open only to employees, annuitants, [or 
                former spouses,] former spouses (or former 
                domestic partners), or any combination thereof, 
                and which, during the 90-day period beginning 
                on the date of enactment of section 8903a of 
                this title, applied to the Office for approval 
                of a plan provided under such section;

           *       *       *       *       *       *       *

          (10) ``former spouse'' means a former spouse of an 
        employee, former employee, or annuitant--
                  (A) who has not remarried (or entered into a 
                domestic partnership) before age 55 after the 
                marriage to the employee, former employee, or 
                annuitant was dissolved,

           *       *       *       *       *       *       *

except that such term shall not include any such unremarried 
former spouse of a former employee whose marriage was dissolved 
after the former employee's separation from the service (other 
than by retirement); [and]
          (11) ``former domestic partner'' means a domestic 
        partner--
                  (A) whose domestic partnership with an 
                employee, former employee, or Federal annuitant 
                has terminated,
                  (B) who has not entered into another domestic 
                partnership (or married) before age 55 after 
                the domestic partnership to the employee, 
                former employee, or annuitant was terminated,
                  (C) who was enrolled in an approved health 
                benefits plan under this chapter as a family 
                member at any time during the 18-month period 
                before the date of the termination of the 
                domestic partnership to the employee, former 
                employee, or annuitant, and
                  (D)(i) who is receiving any portion of a 
                survivor annuity under section 8341(h) or 8445 
                (or benefits similar to either of the 
                aforementioned annuity benefits under a 
                retirement system for Government employees 
                other than the Civil Service Retirement System 
                or the Federal Employees' Retirement System),
                  (ii) for whom an election has been made under 
                section 8339(j)(3) or 8417(b) (or similar 
                provision of law), or
                  (iii) who is otherwise entitled to an annuity 
                or any portion of an annuity as a former 
                domestic partner under a retirement system for 
                Government employees,
except that such term shall not include any such former 
domestic partner (who has not entered into another domestic 
partnership) of a former employee whose domestic partnership 
was terminated after the former employee's separation from the 
service (other than by retirement);
          [(11)](12) ``qualified clinical social worker'' means 
        an individual--
                  (A) * * *
                  (B) who, if such State does not provide for 
                the licensing or certification of clinical 
                social workers--
                          (i) * * *
                          (ii) meets equivalent requirements 
                        (as prescribed by the Office)[.]; and
          (13) ``domestic partner'' and ``domestic 
        partnership'' have the meanings given under section 
        2501;
          (14) ``Federal employee'' means an elected official 
        of the United States or an employee of any entity of 
        the United States; and
          (15) ``Federal annuitant'' means an annuitant whose 
        service consists of at least 18 months as a Federal 
        employee.

           *       *       *       *       *       *       *


Sec. 8902. Contracting authority\*\
---------------------------------------------------------------------------

    \*\As amended by bill section 402(b).
---------------------------------------------------------------------------
    (a) * * *

           *       *       *       *       *       *       *

    (g) A contract may not be made or a plan approved which 
does not offer to each employee, annuitant, family member, 
[former spouse,] former spouse (or former domestic partner), or 
person having continued coverage under section 8905a of this 
title whose enrollment in the plan is ended, except by a 
cancellation of enrollment, a temporary extension of coverage 
during which he may exercise the option to convert, without 
evidence of good health, to a nongroup contract providing 
health benefits. An employee, annuitant, family member, [former 
spouse,] former spouse (or former domestic partner), or person 
having continued coverage under section 8905a of this title who 
exercises this option shall pay the full periodic charges of 
the nongroup contract.

           *       *       *       *       *       *       *

    (j) Each contract under this chapter shall require the 
carrier to agree to pay for or provide a health service or 
supply in an individual case if the Office finds that the 
employee, annuitant, family member, [former spouse,] former 
spouse (or former domestic partner), or person having continued 
coverage under section 8905a of this title is entitled thereto 
under the terms of the contract.
    (k)(1) When a contract under this chapter requires payment 
or reimbursement for services which may be performed by a 
clinical psychologist, optometrist, nurse midwife, nursing 
school administered clinic, or nurse practitioner/clinical 
specialist, licensed or certified as such under Federal or 
State law, as applicable, or by a qualified clinical social 
worker as defined in section 8901(11), an employee, annuitant, 
family member, [former spouse,] former spouse (or former 
domestic partner), or person having continued coverage under 
section 8905a of this title covered by the contract shall be 
free to select, and shall have direct access to, such a 
clinical psychologist, qualified clinical social worker, 
optometrist, nurse midwife, nursing school administered clinic, 
or nurse practitioner/nurse clinical specialist without 
supervision or referral by another health practitioner and 
shall be entitled under the contract to have payment or 
reimbursement made to him or on his behalf for the services 
performed.

           *       *       *       *       *       *       *


Sec. 8902a. Debarment and other sanctions
---------------------------------------------------------------------------

    \\As amended by bill section 402(c).
---------------------------------------------------------------------------
    (a)(1) For the purpose of this section--
          (A) * * *
          (B) the term ``individual covered under this 
        chapter'' or ``covered individual'' means an employee, 
        annuitant, family member, or former spouse (or former 
        domestic partner) covered by a health benefits plan 
        described by section 8903 or 8903a;

           *       *       *       *       *       *       *


Sec. 8903. Health benefits plans\*\
---------------------------------------------------------------------------

    \*\As amended by bill section 402(d).
---------------------------------------------------------------------------
    The Office of Personnel Management may contract for or 
approve the following health benefits plans:
          (1) Service benefit plan.--One Government-wide plan, 
        which may be underwritten by participating affiliates 
        licensed in any number of States, offering two levels 
        of benefits, under which payment is made by a carrier 
        under contracts with physicians, hospitals, or other 
        providers of health services for benefits of the types 
        described by section 8904(1) of this title given to 
        employees, annuitants, members of their families, 
        [former spouses,] former spouses (or former domestic 
        partners), or persons having continued coverage under 
        section 8905a of this title, or, under certain 
        conditions, payment is made by a carrier to the 
        employee, annuitant, family member, [former spouse,] 
        former spouse (or former domestic partner), or person 
        having continued coverage under section 8905a of this 
        title.

           *       *       *       *       *       *       *


Sec. 8905. Election of coverage
---------------------------------------------------------------------------

    \\As amended by bill section 402(e).
---------------------------------------------------------------------------
    (a) * * *

           *       *       *       *       *       *       *

    (c)(1) * * *

           *       *       *       *       *       *       *

    (3) The Office shall prescribe regulations to ensure that, 
in the administration of this subsection, parity of treatment 
is afforded--
          (A) to former spouses and former domestic partners; 
        and
          (B) to the children of a marriage that has been 
        dissolved and the children of a domestic partnership 
        that has been terminated.

           *       *       *       *       *       *       *

    (e) If an employee, annuitant, or other individual eligible 
to enroll in a health benefits plan under this chapter has a 
spouse (or domestic partner) who is also eligible to enroll, 
[either spouse,] either spouse (or either domestic partner, as 
the case may be), but not both, may enroll for self and family, 
or each spouse may enroll as an individual. However, an 
individual may not be enrolled both as an employee, annuitant, 
or other individual eligible to enroll and as a member of the 
family.
    (f) An employee, annuitant, [former spouse,] former spouse 
(or former domestic partner), or person having continued 
coverage under section 8905a of this title enrolled in a health 
benefits plan under this chapter may change his coverage or 
that of himself and members of his family by an application 
filed within 60 days after a change in family status or at 
other times and under conditions prescribed by regulations of 
the Office.
    (g)(1) Under regulations prescribed by the Office, the 
Office shall, before the start of any contract term in which--

           *       *       *       *       *       *       *

provide a period of not less than 3 weeks during which any 
employee, annuitant, [former spouse,] former spouse (or former 
domestic partner), or person having continued coverage under 
section 8905a of this title enrolled in a health benefits plan 
described by such section shall be permitted to transfer that 
individual's enrollment to another such plan or to cancel such 
enrollment.
    (2) In addition to any opportunity afforded under paragraph 
(1) of this subsection, an employee, annuitant, [former 
spouse,] former spouse (or former domestic partner), or person 
having continued coverage under section 8905a of this title 
enrolled in a health benefits plan under this chapter shall be 
permitted to transfer that individual's enrollment to another 
such plan, or to cancel such enrollment, at such other times 
and subject to such conditions as the Office may prescribe in 
regulations.

           *       *       *       *       *       *       *


Sec. 8905a. Continued coverage\*\
---------------------------------------------------------------------------

    \*\As amended by bill section 402(f).
---------------------------------------------------------------------------
    (a) * * *

           *       *       *       *       *       *       *

    (g) The Office shall prescribe regulations to ensure that, 
in the administration of this section, parity of treatment is 
afforded--
          (1) to former spouses and former domestic partners; 
        and
          (2) to the children of a marriage that has been 
        dissolved and the children of a domestic partnership 
        that has been terminated.

           *       *       *       *       *       *       *


Sec. 8908. Coverage of restored employees and survivor or disability 
                    annuitants\*\
---------------------------------------------------------------------------

    \*\As amended by bill section 402(g).
---------------------------------------------------------------------------
    (a) * * *
    (b) A surviving spouse whose survivor annuity under this 
title was terminated because of [remarriage and is later 
restored] having entered into a subsequent marriage (or 
domestic partnership) and is later restored (or a surviving 
domestic partner whose survivor annuity under this title was 
terminated because of having entered into a subsequent domestic 
partnership or a marriage and is later restored) may, under 
such regulations as the Office of Personnel Management may 
prescribe, enroll in a health benefits plan described by 
section 8903 or 8903a of this title if such spouse was covered 
by any such plan immediately before such annuity was 
terminated.

           *       *       *       *       *       *       *


Sec. 8909. Employees Health Benefits Fund
---------------------------------------------------------------------------

    \\As amended by bill section 402(h).
---------------------------------------------------------------------------
    (a) * * *

           *       *       *       *       *       *       *

    (d) When the assets, liabilities, and membership of 
employee organizations sponsoring or underwriting plans 
approved under section 8903(3) or 8903a of this title are 
merged, the assets (including contingency reserves) and 
liabilities of the plans sponsored or underwritten by the 
merged organizations shall be transferred at the beginning of 
the contract term next following the date of the merger to the 
plan sponsored or underwritten by the successor organization. 
Each employee, annuitant, [former spouse,] former spouse (or 
former domestic partner), or person having continued coverage 
under section 8905a of this title affected by a merger shall be 
transferred to the plan sponsored or underwritten by the 
successor organization unless he enrolls in another plan under 
this chapter. If the successor organization is an organization 
described in section 8901(8)(B) of this title, any employee, 
annuitant, [former spouse,] former spouse (or former domestic 
partner), or person having continued coverage under section 
8905a of this title so transferred may not remain enrolled in 
the plan after the end of the contract term in which the merger 
occurs unless that individual is a full member of such 
organization (as determined under section 8903a(d) of this 
title).

           *       *       *       *       *       *       *


Sec. 8913. Regulations=
---------------------------------------------------------------------------

    \=\As amended by bill section 402(i).
---------------------------------------------------------------------------
    (a) * * *

           *       *       *       *       *       *       *

    (c) The regulations of the Office shall provide for the 
beginning and ending dates of coverage of employees, 
annuitants, members of their families, and former spouses (and 
former domestic partners) under health benefit plans. The 
regulations may permit the coverage to continue, exclusive of 
the temporary extension of coverage described by section 
8902(g) of this title, until the end of the pay period in which 
an employee is separated from the service, or until the end of 
the month in which an annuitant or former spouse (or former 
domestic partner) ceases to be entitled to annuity, and in case 
of the death of an employee or annuitant, may permit a 
temporary extension of the coverage of members of his family 
for not to exceed 90 days.

           *       *       *       *       *       *       *


CHAPTER 89A--ENHANCED DENTAL BENEFITS

           *       *       *       *       *       *       *



Sec. 8956. Election of coverage\*\
---------------------------------------------------------------------------

    \*\As amended by bill section 403(a)(1).
---------------------------------------------------------------------------
    (a) An eligible individual may enroll in a dental benefits 
plan for self-only, self plus one, or for self and family. If 
an eligible individual has a spouse or domestic partner who is 
also eligible to enroll, [either spouse,] either spouse (or 
either domestic partner, as the case may be), but not both, may 
enroll for self plus one or self and family. An individual may 
not be enrolled both as an employee, annuitant, or other 
individual eligible to enroll and as a member of the family.

           *       *       *       *       *       *       *


Sec. 8957. Coverage of restored survivor or disability 
                    annuitants
---------------------------------------------------------------------------

    \\As amended by bill section 403(a)(2).
---------------------------------------------------------------------------
    A [surviving spouse,] surviving spouse (or surviving 
domestic partner), disability annuitant, or surviving child 
whose annuity is terminated and is later restored, may continue 
enrollment in a dental benefits plan subject to the terms and 
conditions prescribed in regulations issued by the Office.

           *       *       *       *       *       *       *


CHAPTER 89B--ENHANCED VISION BENEFITS

           *       *       *       *       *       *       *



Sec. 8986. Election of coverage=
---------------------------------------------------------------------------

    \=\As amended by bill section 404(a)(1).
---------------------------------------------------------------------------
    (a) An eligible individual may enroll in a vision benefits 
plan for self-only, self plus one, or for self and family. If 
an eligible individual has a spouse (or domestic partner) who 
is also eligible to enroll, [either spouse,] either spouse (or 
either domestic partner, as the case may be), but not both, may 
enroll for self plus one or self and family. An individual may 
not be enrolled both as an employee, annuitant, or other 
individual eligible to enroll and as a member of the family.

           *       *       *       *       *       *       *


Sec. 8987. Coverage of restored survivor or disability 
                    annuitants*
---------------------------------------------------------------------------

    \*\As amended by bill section 404(a)(2).
---------------------------------------------------------------------------
    A [surviving spouse,] surviving spouse (or surviving 
domestic partner), disability annuitant, or surviving child 
whose annuity is terminated and is later restored, may continue 
enrollment in a vision benefits plan subject to the terms and 
conditions prescribed in regulations issued by the Office.

           *       *       *       *       *       *       *


CHAPTER 90--LONG-TERM CARE INSURANCE

           *       *       *       *       *       *       *



Sec. 9001. Definitions
---------------------------------------------------------------------------

    \\As amended by bill section 405(a)(1).
---------------------------------------------------------------------------
    For purposes of this chapter:
          (1) * * *

           *       *       *       *       *       *       *

          (5) Qualified relative.--The term ``qualified 
        relative'' means each of the following:
                  (A) * * *

           *       *       *       *       *       *       *

                  (D)(i) a domestic partner (as that term is 
                defined in section 2501) of a Federal employee 
                (as that term is defined in section 8901), of 
                an individual described in subparagraph (B), 
                (C), or (D) of paragraph (1), or of an 
                annuitant whose service (as that term is 
                defined in section 8901) consists of at least 
                18 months as a Federal employee;
                  (ii) a child of a domestic partner referred 
                to in clause (i), if such child is at least 18 
                years of age; and
                  (iii) a parent of a domestic partner referred 
                to in clause (i).
                  [(D)] (E) An individual having such other 
                relationship to an individual described in 
                paragraph (1), (2), (3), or (4) as the Office 
                may by regulation prescribe.

           *       *       *       *       *       *       *


Sec. 9002. Availability of insurance*
---------------------------------------------------------------------------

    \*\As amended by bill section 405(a)(2).
---------------------------------------------------------------------------
    (a) * * *

           *       *       *       *       *       *       *

    (e) Underwriting Standards.--
          (1) * * *
          (2) [Spousal parity] Parity for spouse (or domestic 
        partner)._For the purpose of underwriting standards, a 
        spouse (or domestic partner) of an individual described 
        in paragraph (1), (2), (3), or (4) of section 9001 
        shall, as nearly as practicable, be treated like that 
        individual.

           *       *       *       *       *       *       *


TITLE 5--APPENDIX

           *       *       *       *       *       *       *


ETHICS IN GOVERNMENT ACT OF 1978

           *       *       *       *       *       *       *


    TITLE I--FINANCIAL DISCLOSURE REQUIREMENTS OF FEDERAL PERSONNEL

Sec. 101. Persons required to file
---------------------------------------------------------------------------

    \\As amended by bill section 801(b)(2)(A)(i).
---------------------------------------------------------------------------
    (a) * * *

           *       *       *       *       *       *       *

    (f) The officers and employees referred to in subsections 
(a), (d), and (e) are--
          (1) * * *

           *       *       *       *       *       *       *

          (9) a Member of Congress as defined under [section 
        109(12)] section 109(13);
          (10) an officer or employee of the Congress as 
        defined under [section 109(13)] section 109(14);
          (11) a judicial officer as defined under [section 
        109(10)] section 109(11); and
          (12) a judicial employee as defined under [section 
        109(8)] section 109(9).

           *       *       *       *       *       *       *


Sec. 102. Contents of reports\*\
---------------------------------------------------------------------------

    \*\As amended by bill section 801(a).
---------------------------------------------------------------------------
    (a) Each report filed pursuant to section 101(d) and (e) 
shall include a full and complete statement with respect to the 
following:
          (1) * * *
          (2)(A) The identity of the source, a brief 
        description, and the value of all gifts aggregating 
        more than the minimal value as established by section 
        7342(a)(5) of title 5, United States Code, or $250, 
        whichever is greater, received from any source other 
        than a relative (or the domestic partner or a parent, 
        child, or sibling of the domestic partner) of the 
        reporting individual during the preceding calendar 
        year, except that any food, lodging, or entertainment 
        received as personal hospitality of an individual need 
        not be reported, and any gift with a fair market value 
        of $100 or less, as adjusted at the same time and by 
        the same percentage as the minimal value is adjusted, 
        need not be aggregated for purposes of this 
        subparagraph.

           *       *       *       *       *       *       *

          (3) The identity and category of value of any 
        interest in property held during the preceding calendar 
        year in a trade or business, or for investment or the 
        production of income, which has a fair market value 
        which exceeds $1,000 as of the close of the preceding 
        calendar year, excluding any personal liability owed to 
        the reporting individual by a [spouse, or by a parent, 
        brother, sister, or child of the reporting individual 
        or of the reporting individual's spouse,] spouse (or 
        domestic partner), or by a parent, brother, sister, or 
        child of the reporting individual or of the reporting 
        individual's spouse (or of the reporting individual's 
        domestic partner), or any deposits aggregating $5,000 
        or less in a personal savings account. For purposes of 
        this paragraph, a personal savings account shall 
        include any certificate of deposit or any other form of 
        deposit in a bank, savings and loan association, credit 
        union, or similar financial institution.
          (4) The identity and category of value of the total 
        liabilities owed to any creditor other than a [spouse, 
        or a parent, brother, sister, or child of the reporting 
        individual or of the reporting individual's spouse] 
        spouse (or domestic partner), or a parent, brother, 
        sister, or child of the reporting individual or of the 
        reporting individual's spouse (or of the reporting 
        individual's domestic partner), which exceed $10,000 at 
        any time during the preceding calendar year, 
        excluding--
                  (A) any mortgage secured by real property 
                which is a personal residence of the reporting 
                individual or his spouse (or domestic partner); 
                and

           *       *       *       *       *       *       *

          (5) Except as provided in this paragraph, a brief 
        description, the date, and category of value of any 
        purchase, sale or exchange during the preceding 
        calendar year which exceeds $1,000--
                  (A) in real property, other than property 
                used solely as a personal residence of the 
                reporting individual or his spouse (or domestic 
                partner); or

           *       *       *       *       *       *       *

Reporting is not required under this paragraph of any 
transaction solely by and between the reporting individual, his 
spouse (or domestic partner), or dependent children.

           *       *       *       *       *       *       *

    (e)(1) Except as provided in the last sentence of this 
paragraph, each report required by section 101 shall also 
contain information listed in paragraphs (1) through (5) of 
subsection (a) of this section respecting the spouse (or 
domestic partner) or dependent child of the reporting 
individual as follows:
          (A) The source of items of earned income earned by a 
        spouse (or domestic partner) from any person which 
        exceed $1,000 and the source and amount of any 
        honoraria received by a spouse (or domestic partner), 
        except that, with respect to earned income (other than 
        honoraria), if the spouse (or domestic partner) is 
        self-employed in business or a profession, only the 
        nature of such business or profession need be reported.
          (B) All information required to be reported in 
        subsection (a)(1)(B) with respect to income derived by 
        a spouse (or domestic partner) or dependent child from 
        any asset held by the spouse (or domestic partner) or 
        dependent child and reported pursuant to subsection 
        (a)(3).
          (C) In the case of any gifts received by a spouse (or 
        domestic partner) or dependent child which are not 
        received totally independent of the relationship of the 
        spouse (or domestic partner) or dependent child to the 
        reporting individual, the identity of the source and a 
        brief description of gifts of transportation, lodging, 
        food, or entertainment and a brief description and the 
        value of other gifts.
          (D) In the case of any reimbursements received by a 
        spouse (or domestic partner) or dependent child which 
        are not received totally independent of the 
        relationship of the spouse (or domestic partner) or 
        dependent child to the reporting individual, the 
        identity of the source and a brief description of each 
        such reimbursement.
          (E) In the case of items described in paragraphs (3) 
        through (5) of subsection (a), all information required 
        to be reported under these paragraphs other than items 
        (i) which the reporting individual certifies represent 
        the spouse's (or domestic partner's) or dependent 
        child's sole financial interest or responsibility and 
        which the reporting individual has no knowledge of, 
        (ii) which are not in any way, past or present, derived 
        from the income, assets, or activities of the reporting 
        individual, and (iii) from which the reporting 
        individual neither derives, nor expects to derive, any 
        financial or economic benefit.
          (F) For purposes of this section, categories with 
        amounts or values greater than $1,000,000 set forth in 
        sections 102(a)(1)(B) and 102(d)(1) shall apply to the 
        income, assets, or liabilities of spouses (and domestic 
        partners) and dependent children only if the income, 
        assets, or liabilities are held jointly with the 
        reporting individual. All other income, assets, or 
        liabilities of the spouse (or domestic partner) or 
        dependent children required to be reported under this 
        section in an amount or value greater than $1,000,000 
        shall be categorized only as an amount or value greater 
        than $1,000,000.
Reports required by subsections (a), (b), and (c) of section 
101 shall, with respect to the spouse (or domestic partner) and 
dependent child of the reporting individual, only contain 
information listed in paragraphs (1), (3), and (4) of 
subsection (a), as specified in this paragraph.
    (2) No report shall be required with respect to a spouse 
living separate and apart from the reporting individual with 
the intention of terminating the marriage or providing for 
permanent separation; or with respect to any income or 
obligations of an individual arising from the dissolution of 
his marriage or the permanent separation from his spouse (or 
the termination of the reporting individual's domestic 
partnership).
    (f)(1) Except as provided in paragraph (2), each reporting 
individual shall report the information required to be reported 
pursuant to subsections (a), (b), and (c) of this section with 
respect to the holdings of and the income from a trust or other 
financial arrangement from which income is received by, or with 
respect to which a beneficial interest in principal or income 
is held by, such individual, his spouse (or domestic partner), 
or any dependent child.
    (2) A reporting individual need not report the holdings of 
or the source of income from any of the holdings of--
          (A) * * *
          (B) a trust--
                  (i) which was not created directly by such 
                individual, his spouse (or domestic partner), 
                or any dependent child, and
                  (ii) the holdings or sources of income of 
                which such individual, his spouse (or domestic 
                partner), and any dependent child have no 
                knowledge of; or

           *       *       *       *       *       *       *

but such individual shall report the category of the amount of 
income received by him, his spouse (or domestic partner), or 
any dependent child from the trust or other entity under 
subsection (a)(1)(B) of this section.
    (3) For purposes of this subsection, the term ``qualified 
blind trust'' includes any trust in which a reporting 
individual, his spouse (or domestic partner), or any minor or 
dependent child has a beneficial interest in the principal or 
income, and which meets the following requirements:
          (A) * * *

           *       *       *       *       *       *       *

          (E) For purposes of this subsection, ``interested 
        party'' means a reporting individual, his spouse (or 
        domestic partner), and any minor or dependent child; 
        ``broker'' has the meaning set forth in section 3(a)(4) 
        of the Securities and Exchange Act of 1934 (15 U.S.C. 
        78c(a)(4)); and ``investment adviser'' includes any 
        investment adviser who, as determined under regulations 
        prescribed by the supervising ethics office, is 
        generally involved in his role as such an adviser in 
        the management or control of trusts.

           *       *       *       *       *       *       *

    (4)(A) * * *
    (B)(i) The provisions of subparagraph (A) shall not apply 
with respect to a trust created for the benefit of a reporting 
individual, or the spouse (or domestic partner), dependent 
child, or minor child of such a person, if the supervising 
ethics office for such reporting individual finds that--

           *       *       *       *       *       *       *


Sec. 105. Custody of and public access to reports\*\
---------------------------------------------------------------------------

    \*\As amended by bill section 801(b)(2)(A)(ii).
---------------------------------------------------------------------------
    (a) * * *
    (b)(1) * * *

           *       *       *       *       *       *       *

    (3)(A) This section does not require the immediate and 
unconditional availability of reports filed by an individual 
described in [section 109(8) or 109(10)] section 109(9) or (11) 
of this Act if a finding is made by the Judicial Conference, in 
consultation with United States Marshal Service, that revealing 
personal and sensitive information could endanger that 
individual or a family member of that individual.

           *       *       *       *       *       *       *


Sec. 109. Definitions\\
---------------------------------------------------------------------------

    \\As amended by bill section 801(b)(1).
---------------------------------------------------------------------------
    For the purposes of this title, the term--
          (1) * * *
          (2) ``dependent child'' means, when used with respect 
        to any reporting individual, any individual who is a 
        son, daughter, stepson, or stepdaughter (or who is a 
        son or daughter of the reporting individual's domestic 
        partner) and who--
                  (A) is [unmarried] not married (and not in a 
                domestic partnership) and under age 21 and is 
                living in the household of such reporting 
                individual; or
                  (B) is a dependent of such reporting 
                individual within the meaning of section 152 of 
                the Internal Revenue Code of 1986 [26 U.S.C. 
                152] (or, in the case of a son or daughter of 
                the reporting individual's domestic partner, 
                would be a dependent within the meaning of such 
                section if the requirements of subsections 
                (c)(1)(A) and (d)(1)(A) of such section were 
                disregarded);
          (3) * * *
          (4) ``domestic partner'' and ``domestic partnership'' 
        have the meanings given under section 2501 of title 5, 
        United States Code.
          [(4)](5) ``executive branch'' includes each Executive 
        agency (as defined in section 105 of title 5, United 
        States Code), other than the Government Accountability 
        Office, and any other entity or administrative unit in 
        the executive branch;
          [(5)](6) ``gift'' means a payment, advance, 
        forbearance, rendering, or deposit of money, or any 
        thing of value, unless consideration of equal or 
        greater value is received by the donor, but does not 
        include--
                  (A) * * *

           *       *       *       *       *       *       *

          [(6)](7) ``honoraria'' has the meaning given such 
        term in section 505 of this Act;
          [(7)](8) ``income'' means all income from whatever 
        source derived, including but not limited to the 
        following items: compensation for services, including 
        fees, commissions, and similar items; gross income 
        derived from business (and net income if the individual 
        elects to include it); gains derived from dealings in 
        property; interest; rents; royalties; dividends; 
        annuities; income from life insurance and endowment 
        contracts; pensions; income from discharge of 
        indebtedness; distributive share of partnership income; 
        and income from an interest in an estate or trust;
          [(8)](9) ``judicial employee'' means any employee of 
        the judicial branch of the Government, of the United 
        States Sentencing Commission, of the Tax Court, of the 
        Court of Federal Claims, of the Court of Appeals for 
        Veterans Claims, or of the United States Court of 
        Appeals for the Armed Forces, who is not a judicial 
        officer and who is authorized to perform adjudicatory 
        functions with respect to proceedings in the judicial 
        branch, or who occupies a position for which the rate 
        of basic pay is equal to or greater than 120 percent of 
        the minimum rate of basic pay payable for GS-15 of the 
        General Schedule;
          [(9)](10) ``Judicial Conference'' means the Judicial 
        Conference of the United States;
          [(10)](11) ``judicial officer'' means the Chief 
        Justice of the United States, the Associate Justices of 
        the Supreme Court, and the judges of the United States 
        courts of appeals, United States district courts, 
        including the district courts in Guam, the Northern 
        Mariana Islands, and the Virgin Islands, Court of 
        Appeals for the Federal Circuit, Court of International 
        Trade, Tax Court, Court of Federal Claims, Court of 
        Appeals for Veterans Claims, United States Court of 
        Appeals for the Armed Forces, and any court created by 
        Act of Congress, the judges of which are entitled to 
        hold office during good behavior;
          [(11)](12) ``legislative branch'' includes--
                  (A) * * *

           *       *       *       *       *       *       *

          [(12)](13) ``Member of Congress'' means a United 
        States Senator, a Representative in Congress, a 
        Delegate to Congress, or the Resident Commissioner from 
        Puerto Rico;
          [(13)](14) ``officer or employee of the Congress'' 
        means--
                  (A) * * *

           *       *       *       *       *       *       *

          [(14)](15) ``personal hospitality of any individual'' 
        means hospitality extended for a nonbusiness purpose by 
        an individual, not a corporation or organization, at 
        the personal residence of that individual or his family 
        or on property or facilities owned by that individual 
        or his family;
          [(15)](16) ``reimbursement'' means any payment or 
        other thing of value received by the reporting 
        individual, other than gifts, to cover travel-related 
        expenses of such individual other than those which 
        are--
                  (A) * * *

           *       *       *       *       *       *       *

          [(16)](17) ``relative'' means an individual who is 
        related to the reporting individual, as father, mother, 
        son, daughter, brother, sister, uncle, aunt, great 
        aunt, great uncle, first cousin, nephew, niece, 
        husband, wife, grandfather, grandmother, grandson, 
        granddaughter, father-in-law, mother-in-law, son-in-
        law, daughter-in-law, brother-in-law, sister-in-law, 
        stepfather, stepmother, stepson, stepdaughter, 
        stepbrother, stepsister, half brother, half sister, or 
        who is the grandfather or grandmother of the spouse of 
        the reporting individual, and shall be deemed to 
        include the fiance or fiancee of the reporting 
        individual;
          [(17)](18) ``Secretary concerned'' has the meaning 
        set forth in section 101(a)(9) of title 10, United 
        States Code, and, in addition, means--
                  (A) * * *

           *       *       *       *       *       *       *

          [(18)](19) ``supervising ethics office'' means--
                  (A) * * *

           *       *       *       *       *       *       *

          [(19)](20) ``value'' means a good faith estimate of 
        the dollar value if the exact value is neither known 
        nor easily obtainable by the reporting individual.

           *       *       *       *       *       *       *


   TITLE V--GOVERNMENT-WIDE LIMITATIONS ON OUTSIDE EARNED INCOME AND 
                               EMPLOYMENT

Sec. 501. Outside earned income limitation\*\
---------------------------------------------------------------------------

    \*\As amended by bill section 801(c).
---------------------------------------------------------------------------
    (a) * * *

           *       *       *       *       *       *       *

    (c) Treatment of Charitable Contributions.--Any honorarium 
which, except for subsection (b), might be paid to a Member, 
officer or employee, but which is paid instead on behalf of 
such Member, officer or employee to a charitable organization, 
shall be deemed not to be received by such Member, officer or 
employee. No such payment shall exceed $2,000 or be made to a 
charitable organization from which such individual or a parent, 
sibling, [spouse, child, or dependent relative of such 
individual] spouse (or domestic partner), child, or dependent 
relative of such individual (or child, sibling, or parent of 
such individual's domestic partner, which child, sibling, or 
parent is a dependent of such individual) derives any financial 
benefit.

           *       *       *       *       *       *       *


Sec. 505. Definitions\\
---------------------------------------------------------------------------

    \\As amended by bill sections 801(d).
---------------------------------------------------------------------------
    For purposes of this title:
          (1) * * *

           *       *       *       *       *       *       *

          (3) The term ``honorarium'' means a payment of money 
        or any thing of value for an appearance, speech or 
        article (including a series of appearances, speeches, 
        or articles if the subject matter is directly related 
        to the individual's official duties or the payment is 
        made because of the individual's status with the 
        Government) by a Member, officer or employee, excluding 
        any actual and necessary travel expenses incurred by 
        such individual (and one relative (or the individual's 
        domestic partner, or a parent, child, or sibling of the 
        individual's domestic partner)) to the extent that such 
        expenses are paid or reimbursed by any other person, 
        and the amount otherwise determined shall be reduced by 
        the amount of any such expenses to the extent that such 
        expenses are not paid or reimbursed.
          (4) The term ``travel expenses'' means, with respect 
        to a Member, officer or employee, or a relative (or the 
        domestic partner, or a parent, child, or sibling of the 
        domestic partner) of any such individual, the cost of 
        transportation, and the cost of lodging and meals while 
        away from his or her residence or principal place of 
        employment.

           *       *       *       *       *       *       *


TITLE 18--CRIMES AND CRIMINAL PROCEDURE

           *       *       *       *       *       *       *


PART I--CRIMES

           *       *       *       *       *       *       *



CHAPTER 11--BRIBERY, GRAFT, AND CONFLICTS OF INTEREST

           *       *       *       *       *       *       *



Sec. 203. Compensation to Members of Congress, officers, and others in 
                    matters affecting the Government\*\
---------------------------------------------------------------------------

    \*\As amended by bill section 802(a).
---------------------------------------------------------------------------
    (a) * * *

           *       *       *       *       *       *       *

    (d) Nothing in this section prevents an officer or 
employee, including a special Government employee, from acting, 
with or without compensation, as agent or attorney for or 
otherwise representing his parents, spouse (or domestic 
partner, as that term is defined in section 2501 of title 5), 
child, or any person for whom, or for any estate for which, he 
is serving as guardian, executor, administrator, trustee, or 
other personal fiduciary except--
          (1) * * *

           *       *       *       *       *       *       *


Sec. 205. Activities of officers and employees in claims against and 
                    other matters affecting the Government\*\
---------------------------------------------------------------------------

    \*\As amended by bill section 802(b).
---------------------------------------------------------------------------
    (a) * * *

           *       *       *       *       *       *       *

    (e) Nothing in subsection (a) or (b) prevents an officer or 
employee, including a special Government employee, from acting, 
with or without compensation, as agent or attorney for, or 
otherwise representing, his parents, spouse (or domestic 
partner, as that term is defined in section 2501 of title 5), 
child, or any person for whom, or for any estate for which, he 
is serving as guardian, executor, administrator, trustee, or 
other personal fiduciary except--
          (1) * * *

           *       *       *       *       *       *       *


Sec. 208. Acts affecting a personal financial interest\\
---------------------------------------------------------------------------

    \\As amended by bill section 802(c).
---------------------------------------------------------------------------
    (a) Except as permitted by subsection (b) hereof, whoever, 
being an officer or employee of the executive branch of the 
United States Government, or of any independent agency of the 
United States, a Federal Reserve bank director, officer, or 
employee, or an officer or employee of the District of 
Columbia, including a special Government employee, participates 
personally and substantially as a Government officer or 
employee, through decision, approval, disapproval, 
recommendation, the rendering of advice, investigation, or 
otherwise, in a judicial or other proceeding, application, 
request for a ruling or other determination, contract, claim, 
controversy, charge, accusation, arrest, or other particular 
matter in which, to his knowledge, he, his spouse (or domestic 
partner, as that term is defined in section 2501 of title 5), 
minor child, general partner, organization in which he is 
serving as officer, director, trustee, general partner or 
employee, or any person or organization with whom he is 
negotiating or has any arrangement concerning prospective 
employment, has a financial interest--
    Shall be subject to the penalties set forth in section 216 
of this title.

           *       *       *       *       *       *       *


TITLE 31--MONEY AND FINANCE

           *       *       *       *       *       *       *


Subtitle I--General

           *       *       *       *       *       *       *


CHAPTER 7--GOVERNMENT ACCOUNTABILITY OFFICE

           *       *       *       *       *       *       *



                        Subchapter V--Annuities


Sec. 771. Definitions\*\
---------------------------------------------------------------------------

    \*\As amended by bill section 706(a)
---------------------------------------------------------------------------
    In this [subchapter--] subchapter:
    (1) The term ``dependent child'' means an unmarried 
dependent child (including a stepchild (or the child of a 
reporting Comptroller General's domestic partner) or adopted 
child) who is--
    [(2) ``surviving spouse'' means a surviving spouse of an 
individual who was a Comptroller General or retired Comptroller 
General and the spouse--
          [(A) was married to the individual for at least 1 
        year immediately before the individual died; or
          [(B) has not remarried before age 55 and is the 
        parent of issue by the marriage.
    [(3) service as a Comptroller General equals the number of 
years and complete months an individual is Comptroller 
General.]
    (2) The terms ``domestic partner'' and ``domestic 
partnership'' have the meanings given under section 2501 of 
title 5.
    (3) The term ``surviving spouse'' means a surviving spouse 
of an individual who was a Comptroller General or retired 
Comptroller General and the spouse--
          (A) was married to the individual for at least 1 year 
        immediately before the individual died; or
          (B) has not remarried (or entered into a domestic 
        partnership) before age 55 and is the parent of issue 
        by the marriage.
    (4) The term ``surviving partner'' means a surviving 
domestic partner of an individual who was a Comptroller General 
or retired Comptroller General and the domestic partner--
          (A) was in a domestic partnership for at least 1 year 
        immediately before the individual died; or
          (B)(i) has not entered into a subsequent domestic 
        partnership or married before age 55; and
          (ii) satisfies other requirements, related to 
        parenthood and the domestic partnership, prescribed by 
        the Director of the Office of Personnel Management by 
        regulation under sections 8341(3)(b) and 8441(3)(B) of 
        title 5, as determined and applied by the General 
        Counsel of the Government Accountability Office on the 
        basis of those regulations.
    (5) Service as a Comptroller General equals the number of 
years and complete months an individual is Comptroller General.

           *       *       *       *       *       *       *


Sec. 773. Election of survivor benefits\*\
---------------------------------------------------------------------------

    \*\As amended by bill section 706(b).
---------------------------------------------------------------------------
    (a) * * *
    (b) A Comptroller General electing to provide survivor 
benefits shall--
          (1) * * *
          (2) deposit with the Government Accountability Office 
        for redeposit in the Treasury as miscellaneous 
        receipts--
                  (A) * * *
                  (B) 4.5 percent of basic pay received as a 
                member of Congress or for other civilian 
                service on which a surviving spouse's (or 
                domestic partner's) annuity is computed under 
                section 774(d) of this title; and

           *       *       *       *       *       *       *

    (c) This subchapter does not prevent a surviving spouse (or 
domestic partner) or dependent child from receiving another 
annuity while receiving an annuity under section 774 of this 
title. However, service used in computing an annuity under 
section 774 may not be used in computing the other annuity.
    (d) The reduction in the Comptroller General's annuity 
under subsection (b)(1) for the purpose of providing survivor 
benefits shall be terminated for each full month after the 
death of the spouse (or domestic partner).

           *       *       *       *       *       *       *


Sec. 774. Survivor annuities\\
---------------------------------------------------------------------------

    \\As amended by bill section 706(c).
---------------------------------------------------------------------------
    (a) * * *

           *       *       *       *       *       *       *

    (c) If the Comptroller General or retired Comptroller 
General is survived--
          [(1) only by a spouse, the surviving spouse shall 
        receive an annuity computed under subsection (d) of 
        this section beginning on the death of the Comptroller 
        General or retired Comptroller General or when the 
        spouse is 50 years of age, whichever is later;]
          (1) only by a spouse (or domestic partner), the 
        surviving spouse (or surviving domestic partner) shall 
        receive an annuity computed under subsection (d) of 
        this section beginning on the death of the Comptroller 
        General or retired Comptroller General or when the 
        spouse (or domestic partner) is 50 years of age, 
        whichever is later;
          (2) [by a spouse and a dependent child, the surviving 
        spouse] by a spouse (or domestic partner) and a 
        dependent child, the surviving spouse (or surviving 
        domestic partner) shall receive an immediate annuity 
        computed under subsection (d) of this section and each 
        dependent child shall receive an immediate annuity 
        equal to the smaller of--
                  (A) * * *

           *       *       *       *       *       *       *

          (3) only by a dependent child, each dependent child 
        shall receive an immediate annuity equal to the smaller 
        of--
                  (A) the annuity a surviving spouse (or 
                surviving domestic partner) would be entitled 
                to receive under clause (2) of this subsection, 
                divided by the number of dependent children;

           *       *       *       *       *       *       *

    (d) The annuity of a surviving spouse (or surviving 
domestic partner) is equal to--
          (1) * * *

           *       *       *       *       *       *       *

    (e) A surviving spouse's (or surviving domestic partner's) 
annuity may not be more than 50 percent nor less than 25 
percent of the average annual pay computed under subsection 
(d)(1) of this section. If a Comptroller General does not make 
the deposit under section 773(b) of this title, a surviving 
spouse's (or surviving domestic partner's) annuity shall be 
credited with the service during which a deposit was not made, 
unless the spouse (or domestic partner) elects not to have the 
service credited. However, the annuity shall be reduced by 10 
percent of the amount of the unpaid deposit, computed on the 
date the Comptroller General or retired Comptroller General 
dies.

           *       *       *       *       *       *       *


Sec. 775. Refunds\*\
---------------------------------------------------------------------------

    \*\As amended by bill section 706(d).
---------------------------------------------------------------------------
    (a) * * *

           *       *       *       *       *       *       *

    (d) If a Comptroller General or retired Comptroller General 
dies before a refund is made under this section, the refund 
shall be paid in the following order of precedence:
          (1) * * *
          (2) to a surviving spouse (or surviving domestic 
        partner).

           *       *       *       *       *       *       *

    (e) The General Counsel is not subject to section 771(1) 
and (2) of this title when making a decision about a surviving 
spouse (or surviving domestic partner) or child under 
subsection (c) or (d) of this section.

           *       *       *       *       *       *       *


Sec. 776. Payment of survivor benefits\\
---------------------------------------------------------------------------

    \\As amended by bill section 706(e).
---------------------------------------------------------------------------
    (a) * * *
    (b)(1) [A surviving spouse's annuity ends when the spouse 
remarries] A surviving spouse's (or surviving domestic 
partner's) annuity ends when the spouse remarries (or enters 
into a domestic partnership) (or when the surviving domestic 
partner enters into another domestic partnership or marries) 
before age 55 or dies.
    (2) A dependent child's annuity ends when the child becomes 
18 years of age (unless the child is then a student as 
described in section 771(1)(C) of this title), [marries, or 
dies, whichever is earliest. However, if a child is not self-
supporting because of a physical or mental disability, an 
annuity ends when the child recovers, marries] marries (or 
enters into a domestic partnership), or dies, whichever is 
earliest. However, if a child is not self-supporting because of 
a physical or mental disability, an annuity ends when the child 
recovers, marries (or enters into a domestic partnership), or 
dies.
    (3) If a surviving spouse (or surviving domestic partner) 
dies and a dependent child survives, the child's annuity is 
recomputed under section 774(c)(3) of this title.

           *       *       *       *       *       *       *


Sec. 777. Annuity increases\*\
---------------------------------------------------------------------------

    \*\As amended by bill section 706(f).
---------------------------------------------------------------------------
    (a) * * *
    (b) An annuity under section 772 of this title may not be 
more than the basic pay of the Comptroller General. A surviving 
spouse's (or surviving domestic partner's) annuity may be 
increased under this section without regard to any limitation 
set forth in section 774(e) of this title.

           *       *       *       *       *       *       *


TITLE 42--THE PUBLIC HEALTH AND WELFARE

           *       *       *       *       *       *       *


CHAPTER 6A--PUBLIC HEALTH SERVICE

           *       *       *       *       *       *       *



Subchapter III--National Research Institutes

           *       *       *       *       *       *       *



        PART I--FOUNDATION FOR THE NATIONAL INSTITUTES OF HEALTH


Sec. 290b. Establishment and duties of Foundation.\\
---------------------------------------------------------------------------

    \\As amended by bill Sec. 801(b)(2)(B)(ii).
---------------------------------------------------------------------------
    (a) * * *

           *       *       *       *       *       *       *

    (j) General provisions.--
          (1) * * *
          (2) Financial conflicts of interest.--Any individual 
        who is an officer, employee, or member of the Board of 
        the Foundation may not (in accordance with policies and 
        requirements developed under subsection (d)(6)) 
        personally or substantially participate in the 
        consideration or determination by the Foundation of any 
        matter that would directly or predictably affect any 
        financial interest of the individual or a relative (as 
        such term is defined in [section 109(16)] section 
        109(17) of the Ethics in Government Act of 1978) of the 
        individual, of any business organization or other 
        entity, or of which the individual is an officer or 
        employee, or is negotiating for employment, or in which 
        the individual has any other financial interest.

           *       *       *       *       *       *       *


                                  
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