[Federal Register Volume 75, Number 109 (Tuesday, June 8, 2010)]
[Presidential Documents]
[Pages 32247-32249]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2010-13848]



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  Federal Register / Vol. 75 , No. 109 / Tuesday, June 8, 2010 / 

Presidential Documents  



[[Page 32247]]





                Memorandum of June 2, 2010



                
 Extension of Benefits to Same-Sex Domestic 

                Partners of Federal Employees



                Memorandum for the Heads of Executive Departments and 

                Agencies



                For far too long, many of our Government's hard-

                working, dedicated LGBT employees have been denied 

                equal access to the basic rights and benefits their 

                colleagues enjoy. This kind of systemic inequality 

                undermines the health, well-being, and security not 

                just of our Federal workforce, but also of their 

                families and communities. That is why, last June, I 

                directed the heads of executive departments and 

                agencies (agencies), in consultation with the Office of 

                Personnel Management (OPM), to conduct a thorough 

                review of the benefits they provide and to identify any 

                that could be extended to LGBT employees and their 

                partners and families. Although legislative action is 

                necessary to provide full equality to LGBT Federal 

                employees, the agencies have identified a number of 

                benefits that can be extended under existing law. OPM, 

                in consultation with the Department of Justice, has 

                provided me with a report recommending that all of the 

                identified benefits be extended.



                Accordingly, I hereby direct the following:



                Section 1. Immediate Actions To Extend Benefits. 

                Agencies should immediately take the following actions, 

                consistent with existing law, in order to extend 

                benefits to the same-sex domestic partners of Federal 

                employees, and, where applicable, to the children of 

                same-sex domestic partners of Federal employees:



                    (a) The Director of OPM should take appropriate 

                action to:



(i) clarify that the children of employees' same-sex domestic partners fall 

within the definition of ``child'' for purposes of Federal child-care 

subsidies, and, where appropriate, for child-care services;



(ii) clarify that, for purposes of employee assistance programs, same-sex 

domestic partners and their children qualify as ``family members'';



(iii) issue a proposed rule that would clarify that employees' same-sex 

domestic partners qualify as ``family members'' for purposes of 

noncompetitive appointments made pursuant to Executive Order 12721 of July 

30, 1990;



(iv) issue a proposed rule that would add a Federal retiree's same-sex 

domestic partner to the list of individuals presumed to have an insurable 

interest in the employee pursuant to 5 U.S.C. 8339(k)(1), 8420;



(v) clarify that under appropriate circumstances, employees' same-sex 

domestic partners and their children qualify as dependents for purposes of 

evacuation payments made under 5 U.S.C. 5522-5523; Folio: 1632



(vi) amend its guidance on implementing President Clinton's April 11, 1997, 

memorandum to heads of executive departments and agencies on ``Expanded 

Family and Medical Leave Policies'' to specify that the 24 hours of unpaid 

leave made available to Federal employees in connection with (i) school and 

early childhood educational activities; (ii) routine family medical 

purposes; and (iii) elderly relatives' health or care needs, may be used to 

meet the needs of an employee's same-sex domestic partner or the same-sex 

domestic partner's children; and



[[Page 32248]]



(vii) clarify that employees' same-sex domestic partners qualify as 

dependents for purposes of calculating the extra allowance payable under 5 

U.S.C. 5942a to assist employees stationed on Johnston Island, subject to 

any limitations applicable to spouses.



                    (b) The Administrator of General Services should 

                take appropriate action to amend the definitions of 

                ``immediate family'' and ``dependent'' appearing in the 

                Federal Travel Regulations, 41 C.F.R. Chs. 300-304, to 

                include same-sex domestic partners and their children, 

                so that employees and their domestic partners and 

                children can obtain the full benefits available under 

                applicable law, including certain travel, relocation, 

                and subsistence payments.

                    (c) All agencies offering any of the benefits 

                specified by OPM in implementing guidance under section 

                3 of this memorandum, including credit union 

                membership, access to fitness facilities, and access to 

                planning and counseling services, should take all 

                appropriate action to provide the same level of 

                benefits that is provided to employees' spouses and 

                their children to employees' same-sex domestic partners 

                and their children.

                    (d) All agencies with authority to provide benefits 

                to employees outside of the context of title 5, United 

                States Code should take all appropriate actions to 

                ensure that the benefits being provided to employees' 

                spouses and their children are also being provided, at 

                an equivalent level wherever permitted by law, to their 

                employees' same-sex domestic partners and their 

                children.



                Sec. 2.  Continuing Obligation To Provide New Benefits. 

                In the future, all agencies that provide new benefits 

                to the spouses of Federal employees and their children 

                should, to the extent permitted by law, also provide 

                them to the same-sex domestic partners of their 

                employees and those same-sex domestic partners' 

                children. This section applies to appropriated and 

                nonappropriated fund instrumentalities of such 

                agencies.



                Sec. 3. Monitoring and Guidance. The Director of OPM 

                shall monitor compliance with this memorandum, and may 

                instruct agencies to provide the Director with reports 

                on the status of their compliance, and prescribe the 

                form Folio: 1633and manner of such reports. The 

                Director of OPM shall also issue guidance to ensure 

                consistent and appropriate implementation.



                Sec. 4. Reporting. By April 1, 2011, and annually 

                thereafter, the Director of OPM shall provide the 

                President with a report on the progress of the agencies 

                in implementing this memorandum until such time as all 

                recommendations have been appropriately implemented.



                Sec. 5. General Provisions. (a) Except as expressly 

                stated herein, nothing in this memorandum shall be 

                construed to impair or otherwise affect:



(i) authority granted by law or Executive Order to an agency, or the head 

thereof; or



(ii) functions of the Director of the Office of Management and Budget 

relating to budgetary, administrative, or legislative proposals.



                    (b) This memorandum shall be implemented consistent 

                with applicable law and subject to the availability of 

                appropriations.



[[Page 32249]]



                    (c) This memorandum is not intended to, and does 

                not, create any right or benefit, substantive or 

                procedural, enforceable at law or in equity by any 

                party against the United States, its departments, 

                agencies, or entities, its officers, employees, or 

                agents, or any other person.



                Sec. 6. Publication. The Director of OPM is hereby 

                authorized and directed to publish this memorandum in 

                the Federal Register. 

                

                

                    (Presidential Sig.)



                THE WHITE HOUSE,



                    Washington, June 2, 2010



[FR Doc. 2010-13848

Filed 6-7-10; 8:45 am]

Billing code 6325-01-P Folio: 1634