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111th Congress                                            Rept. 111-400
                        HOUSE OF REPRESENTATIVES
 2d Session                                                      Part 1

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



 
       DOMESTIC PARTNERSHIP BENEFITS AND OBLIGATIONS ACT OF 2009

                                _______
                                

                January 22, 2010.--Ordered to be printed

                                _______
                                

   Mr. Towns, from the Committee on Oversight and Government Reform, 
                        submitted the following

                              R E P O R T

                             together with

                             MINORITY VIEWS

                        [To accompany H.R. 2517]

      [Including cost estimate of the Congressional Budget Office]

      The Committee on Oversight and Government Reform, to whom 
was referred the bill (H.R. 2517) to provide certain benefits 
to domestic partners of Federal employees, having considered 
the same, report favorably thereon with an amendment and 
recommend that the bill as amended do pass.

                                CONTENTS

                                                                   Page
Purpose and Summary..............................................    23
Background and Need for Legislation..............................    24
Legislative History..............................................    25
Section-by-Section...............................................    26
Explanation of Amendments........................................    37
Committee Consideration..........................................    38
Roll Call Votes..................................................    38
Application of Law to the Legislative Branch.....................    44
Statement of Oversight Findings and Recommendations of the 
  Committee......................................................    44
Statement of General Performance Goals and Objectives............    44
Constitutional Authority Statement...............................    44
Federal Advisory Committee Act...................................    44
Unfunded Mandates Statement......................................    44
Earmark Identification...........................................    45
Committee Estimate...............................................    45
Budget Authority and Congressional Budget Office Cost Estimate...    45
Changes in Existing Law Made by the Bill, as Reported............    50
Minority Views...................................................   109
  The amendment is as follows:
  Strike all after the enacting clause and insert the 
following:

SECTION 1. SHORT TITLE; REFERENCES; TABLE OF CONTENTS.

  (a) Short Title.--This Act may be cited as the ``Domestic Partnership 
Benefits and Obligations Act of 2009''.
  (b) References.--Except as otherwise expressly provided, whenever in 
this Act an amendment or repeal is expressed in terms of an amendment 
to, or a repeal of, a section or other provision, the reference shall 
be considered to be made to a section or other provision of title 5, 
United States Code.
  (c) Table of Contents.--The table of contents of this Act is as 
follows:

Sec. 1. Short title; references; table of contents.

                     TITLE I--DOMESTIC PARTNERSHIPS

Sec. 101. Domestic partnerships.

               TITLE II--CIVIL SERVICE RETIREMENT SYSTEM

Sec. 201. Definitions.
Sec. 202. Creditable service.
Sec. 203. Computation of annuity.
Sec. 204. Cost-of-living adjustment of annuities.
Sec. 205. Survivor annuities.
Sec. 206. Lump-sum benefits; designation of beneficiary; order of 
precedence.
Sec. 207. Alternative forms of annuities.
Sec. 208. Administration; regulations.
Sec. 209. Participation in the Thrift Savings Plan.

            TITLE III--FEDERAL EMPLOYEES' RETIREMENT SYSTEM

Sec. 301. Definitions.
Sec. 302. Creditable service.
Sec. 303. Survivor reduction for a current spouse or a current domestic 
partner.
Sec. 304. Survivor reduction for a former spouse or former domestic 
partner.
Sec. 305. Survivor elections; deposit; offsets.
Sec. 306. Survivor reductions; computation.
Sec. 307. Insurable interest reductions.
Sec. 308. Alternative forms of annuities.
Sec. 309. Lump-sum benefits; designation of beneficiary; order of 
precedence.
Sec. 310. Annuities: methods of payment; election; purchase.
Sec. 311. Protections for spouses, domestic partners, former spouses, 
and former domestic partners.
Sec. 312. Justices and judges.
Sec. 313. Survivor annuities: definitions.
Sec. 314. Rights of a widow, widower, or surviving partner.
Sec. 315. Rights of a former spouse or former domestic partner.
Sec. 316. Authority of the Office of Personnel Management.
Sec. 317. Cost-of-living adjustments.
Sec. 318. Fiduciary responsibilities; liability and penalties.

                      TITLE IV--INSURANCE BENEFITS

Sec. 401. Life insurance.
Sec. 402. Health insurance.
Sec. 403. Enhanced dental benefits.
Sec. 404. Enhanced vision benefits.
Sec. 405. Long-term care insurance.

            TITLE V--TRAVEL, TRANSPORTATION, AND SUBSISTENCE

Sec. 501. Reimbursement for taxes incurred on money received for travel 
expenses.
Sec. 502. Relocation expenses of employees transferred or reemployed.
Sec. 503. Taxes on reimbursements for travel, transportation, and 
relocation expenses of employees transferred.
Sec. 504. Relocation expenses of an employee who is performing an 
extended assignment.

                TITLE VI--COMPENSATION FOR WORK INJURIES

Sec. 601. Definitions.
Sec. 602. Death gratuity for injuries incurred in connection with 
employee's service with an Armed Force.
Sec. 603. Beneficiaries of awards unpaid at death; order of precedence.
Sec. 604. Augmented compensation for dependents.
Sec. 605. Limitations on right to receive compensation.
Sec. 606. Compensation in case of death.
Sec. 607. Lump-sum payment.
Sec. 608. Regulations.
Sec. 609. Effective date.

  TITLE VII--PROVISIONS RELATING TO EMPLOYMENT OF RELATIVES AND OTHER 
                                MATTERS

Sec. 701. Employment of relatives; restrictions.
Sec. 702. Settlement of accounts.
Sec. 703. Benefits for captives.
Sec. 704. Compensation for disability or death.
Sec. 705. Family and medical leave.

                   TITLE VIII--ADDITIONAL PROVISIONS

Sec. 801. Applicability.
Sec. 802. Regulations.

      TITLE IX--AMENDMENT TO THE ETHICS IN GOVERNMENT ACT OF 1978

Sec. 901. Amendment to the Ethics in Government Act of 1978.

                    TITLE X--REPORTING REQUIREMENTS

Sec. 1001. Report of the president.
Sec. 1002. GAO report.

                     TITLE I--DOMESTIC PARTNERSHIPS

SEC. 101. DOMESTIC PARTNERSHIPS.

  (a) In General.--Chapter 21 is amended by adding at the end the 
following:

``Sec. 2110. Domestic partnerships

  ``(a) Establishment.--To establish the existence of a domestic 
partnership, between an employee, former employee, or annuitant and 
another individual, for purposes of the provisions of law to which this 
section applies, the employee, former employee, or annuitant (as the 
case may be) shall be required to file an affidavit, in such form and 
manner as the Office of Personnel Management shall by regulation 
prescribe, attesting to the following:
          ``(1) Both individuals are members of the same sex.
          ``(2) Both individuals are at least 18 years of age and 
        competent to contract.
          ``(3) The filing employee, former employee, or annuitant (as 
        the case may be) has notified the other individual of the 
        filing of the affidavit attesting that their partnership 
        satisfies the requirements of this subsection.
          ``(4) Such individuals are in a domestic partnership with one 
        another and intend to remain so indefinitely.
          ``(5) Such individuals--
                  ``(A) have a common residence; or
                  ``(B) do not have a common residence because of 
                financial, employment-related, or other reasons, as 
                identified in the affidavit.
          ``(6) Neither individual is married to or in a domestic 
        partnership with anyone outside of the domestic partnership 
        referred to in paragraph (4).
          ``(7) The 2 individuals share responsibility for a 
        significant measure of each other's common welfare and 
        financial obligations.
          ``(8) The 2 individuals are not related in a way that, if 
        they were of the opposite sex, would prohibit legal marriage in 
        the jurisdiction in which either individual resides.
          ``(9) The filing employee, former employee, or annuitant (as 
        the case may be) understands that willful falsification of 
        information set forth in the affidavit or failure to provide 
        appropriate notification of the termination of the domestic 
        partnership may lead to the recovery of amounts obtained as a 
        result of such falsification or failure (as the case may be), 
        criminal or other penalties, and (in appropriate cases) 
        disciplinary action.
 An affidavit 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 filing. No 2 individuals shall, for 
purposes of the provisions of law to which this section applies, be 
treated as being in a domestic partnership with one another unless 
there is in effect, in accordance with regulations prescribed by the 
Office, an affidavit filed in accordance with the preceding provisions 
of this subsection. An affidavit so filed shall remain in effect until 
the earlier of the date of the death of either individual or the date 
as of which the domestic partnership is otherwise terminated, as 
determined under such regulations.
  ``(b) Domestic Partner.--For purposes of the provisions of law to 
which this section applies, the term `domestic partner' means an 
individual who is in a domestic partnership, as described in subsection 
(a).
  ``(c) Employee Defined.--For purposes of this section, the term 
`employee' means an employee as defined by section 2105, an employee of 
a nonappropriated fund instrumentality of the Department of Defense or 
the Coast Guard (as described in section 2105(c)), an employee of the 
United States Postal Service or of the Postal Regulatory Commission (as 
described in section 2105(e)), a Member of Congress, a member of the 
commissioned corps of the Public Health Service, a member of the 
commissioned corps of the National Oceanic and Atmospheric 
Administration, and any other individual who is employed by the 
Government (as determined under regulations of the President or a 
designee thereof), but does not include a technician (within the 
meaning of section 8337(h) or, notwithstanding any provision of chapter 
43 of title 38, a member of the armed forces.
  ``(d) Annuitant Defined.--For purposes of this section, the term 
`annuitant' means--
          ``(1) an annuitant within the meaning of section 8331 or 
        8401; and
          ``(2) 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.
  ``(e) Confidentiality.--No individual may--
          ``(1) use the information obtained under subsection (a) for 
        any purpose other than the administration of any provision of 
        law to which this section applies; or
          ``(2) furnish any information obtained under subsection (a) 
        to anyone, or permit anyone to examine or otherwise gain access 
        to any such information, except for--
                  ``(A) an individual who needs such information for a 
                purpose that satisfies paragraph (1); or
                  ``(B) a member of the domestic partnership to which 
                the information pertains or an authorized 
                representative thereof.
  ``(f) Applicability.--This section applies for purposes of the 
provisions of this title (excluding chapter 81) and any provision of 
law identified in or under title VIII of the Domestic Partnership 
Benefits and Obligations Act of 2009.''.
  (b) Clerical Amendment.--The table of sections for chapter 21 is 
amended by adding at the end the following:

``2110. Domestic partnerships.''.

               TITLE II--CIVIL SERVICE RETIREMENT SYSTEM

SEC. 201. DEFINITIONS.

  Section 8331 is amended--
          (1) in paragraph (30), by striking ``and'' at the end;
          (2) in paragraph (31), by striking the period and inserting 
        ``; and''; and
          (3) by adding at the end the following:
          ``(32) `former domestic partner' means a former domestic 
        partner of an individual--
                  ``(A) if such individual performed at least 18 months 
                of civilian service as an employee or Member; and
                  ``(B) if the former domestic partner was in a 
                domestic partnership with such individual for at least 
                9 months.''.

SEC. 202. CREDITABLE SERVICE.

  Section 8332 is amended--
          (1) in subsection (c)(3)(C)(ii), by striking ``former 
        spouse.'' and inserting ``former spouse or former domestic 
        partner.''; and
          (2) in paragraphs (4) and (5) of subsection (o), by striking 
        ``spouse'' each place it appears and inserting ``spouse, 
        domestic partner,''.

SEC. 203. COMPUTATION OF ANNUITY.

  Section 8339 is amended--
          (1) in subsection (j)--
                  (A) in paragraph (1)--
                          (i) by inserting ``(or domestic partner)'' 
                        after ``the spouse'' each place it appears;
                          (ii) by inserting ``(or has a domestic 
                        partner)'' after ``is married''; and
                          (iii) by inserting ``(or domestic 
                        partner's)'' after ``the spouse's'' each place 
                        it appears;
                  (B) in paragraph (2), by inserting ``(or former 
                domestic partner)'' after ``former spouse'' each place 
                it appears;
                  (C) in paragraph (3)--
                          (i) in the first sentence--
                                  (I) by inserting ``(or former 
                                domestic partner)'' after ``former 
                                spouse'' each place it appears; and
                                  (II) by inserting ``(or being in a 
                                domestic partnership with)'' after 
                                ``based on marriage to'';
                          (ii) in the second sentence--
                                  (I) by inserting ``(or the domestic 
                                partnership of the former domestic 
                                partner with)'' after ``the marriage of 
                                the former spouse to''; and
                                  (II) by striking ``is dissolved,'' 
                                and inserting ``is dissolved (or 
                                terminated),'';
                          (iii) in the sixth sentence, by striking 
                        ``former spouse.'' and inserting ``former 
                        spouse (or former domestic partner).'';
                          (iv) in subparagraph (B)--
                                  (I) by striking ``is then married,'' 
                                and inserting ``is then married (or is 
                                then in a domestic partnership),''; and
                                  (II) by striking ``the spouse's 
                                written consent.'' and inserting ``the 
                                written consent of the spouse (or 
                                domestic partner).''; and
                          (v) by amending the next to last sentence to 
                        read as follows: ``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).''; and
                  (D) by amending paragraph (5) to read as follows:
  ``(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 the former domestic partner 
enters into a subsequent domestic partnership) 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 remarriage (or entry into a 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--
          ``(I) within 2 years after such remarriage (or such 
        subsequent domestic partnership), or
          ``(II) if later, within 2 years after--
                  ``(aa) the death or remarriage of any former spouse 
                (or the death of or entry into a subsequent domestic 
                partnership by any 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 or 
                remarriage of the last such surviving former spouse (or 
                the death of or entry into a subsequent domestic 
                partnership by the last such surviving 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 remarriage (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).'';
          (2) in subsection (k)--
                  (A) in paragraph (1)--
                          (i) by striking ``a married employee or 
                        Member'' and inserting ``an employee or Member 
                        who is married (or in a domestic 
                        partnership)''; and
                          (ii) by inserting ``(or domestic partner)'' 
                        after ``spouse'' each place it appears;
                  (B) in paragraph (2)--
                          (i) by striking the matter before 
                        subparagraph (B) and inserting the following:
  ``(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 or remarriage of any former spouse 
                (or the death of or entry into a subsequent domestic 
                partnership by any 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 (or entry 
                into a subsequent 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).'';
                          (ii) in subparagraph (B)(i) (in the matter 
                        before subclause (I)), by striking 
                        ``marriage.'' and inserting ``marriage (or 
                        entry into a domestic partnership).'';
                          (iii) in subparagraph (B)(ii), by inserting 
                        ``(or in a domestic partnership)'' after 
                        ``married''; and
                          (iv) in subparagraph (C), by striking 
                        ``marriage.'' and inserting ``marriage (or 
                        domestic partnership).''; and
          (3) in subsection (o)(1)--
                  (A) in subparagraphs (A)(i) and (B)(i), by striking 
                ``is married,'' and inserting ``is married (or is in a 
                domestic partnership),''; and
                  (B) in subparagraph (A) (in the matter following 
                clause (ii)), by inserting ``(or domestic partner)'' 
                after ``spouse''.

SEC. 204. COST-OF-LIVING ADJUSTMENT OF ANNUITIES.

  Section 8340 is amended--
          (1) in subsection (a)--
                  (A) by striking ``and'' at the end of paragraph (1);
                  (B) by striking the period at the end of paragraph 
                (2) and inserting ``; and''; and
                  (C) by adding at the end the following:
          ``(3) the terms `widow', `widower', and `surviving partner' 
        have the respective meanings given them under section 8341.''; 
        and
          (2) in subsection (c)(1)--
                  (A) in the matter before subparagraph (A), by 
                striking all after ``who retires,'' and before ``of a 
                deceased annuitant'' and inserting ``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''; and
                  (B) in subparagraph (B)(ii), by striking ``a widow, 
                widower, former spouse, or insurable interest 
                designee'' and inserting ``a widow, widower, or former 
                spouse (or surviving partner or former domestic 
                partner) or insurable interest designee''.

SEC. 205. SURVIVOR ANNUITIES.

  Section 8341 is amended--
          (1) in subsection (a)--
                  (A) by redesignating paragraphs (3) and (4) as 
                paragraphs (4) and (5), respectively;
                  (B) by inserting after paragraph (2) the following:
          ``(3) `surviving partner' means the surviving domestic 
        partner of an employee or Member who--
                  ``(A) 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
                  ``(B) satisfies such other requirement, based on 
                parenthood, as the Office of Personnel Management shall 
                by regulation prescribe based on the definition of a 
                widow or widower under this section;''; and
                  (C) in paragraph (5) (as so redesignated by 
                subparagraph (A))--
                          (i) in subparagraph (A), by inserting ``(or 
                        surviving domestic partner)'' after ``the 
                        surviving spouse''; and
                          (ii) by adding at the end the following: 
                        ``The Office shall prescribe regulations to 
                        provide that, for purposes of applying the 
                        provisions of paragraph (5)(A)(ii) (relating to 
                        the treatment of a stepchild) in the case of a 
                        domestic partnership, rules similar to those 
                        prescribed to carry out section 8901(5)(B) in 
                        similar circumstances shall apply.'';
          (2) in subsection (b)--
                  (A) in paragraph (1)--
                          (i) by striking ``widow or widower'' each 
                        place it appears and inserting ``widow or 
                        widower (or surviving partner)''; and
                          (ii) by striking ``remarriage,'' and 
                        inserting ``remarriage (or entry into a 
                        subsequent domestic partnership)'';
                  (B) in paragraph (2)--
                          (i) by striking ``widow or widower'' each 
                        place it appears and inserting ``widow or 
                        widower (or surviving partner)''; and
                          (ii) by inserting ``(or in a domestic 
                        partnership with)'' after ``married to'';
                  (C) in paragraph (3)--
                          (i) in the matter before subparagraph (A), by 
                        inserting ``(or domestic partner)'' after 
                        ``spouse'';
                          (ii) by striking ``widow or widower'' each 
                        place it appears and inserting ``widow or 
                        widower (or surviving partner)''; and
                          (iii) in subparagraph (B), by inserting ``(or 
                        enters into a subsequent domestic 
                        partnership)'' after ``remarries''; and
                  (D) in paragraph (4)--
                          (i) by striking ``widow or widower'' each 
                        place it appears and inserting ``widow or 
                        widower (or surviving partner)''; and
                          (ii) in subparagraph (B), by inserting ``(or 
                        former domestic partner)'' after ``former 
                        spouse'';
          (3) in subsection (d)--
                  (A) by striking ``widow or widower'' each place it 
                appears and inserting ``widow or widower (or surviving 
                partner)'';
                  (B) in subparagraph (B), by inserting ``(or former 
                domestic partner)'' after ``former spouse''; and
                  (C) in clause (ii), by inserting ``(or enters into a 
                subsequent domestic partnership)'' after ``remarries'';
          (4) in subsection (e)--
                  (A) by striking the matter before paragraph (2) and 
                inserting the following:
  ``(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 an 
        employee or Member for less than 9 months and a former domestic 
        partner of an employee or Member who completed less than 18 
        months of service covered by this subchapter.'';
                  (B) in paragraph (2), by striking ``a spouse or a 
                former spouse'' each place it appears and inserting ``a 
                spouse or former spouse (or a domestic partner or 
                former domestic partner)'';
                  (C) in paragraph (3)--
                          (i) in subparagraph (E), by striking ``dies 
                        or marries;'' and inserting ``dies, marries, or 
                        enters into a domestic partnership;''; and
                          (ii) in the matter following subparagraph 
                        (E)--
                                  (I) by inserting ``(or domestic 
                                partner or former domestic partner)'' 
                                after ``spouse or former spouse''; and
                                  (II) by striking ``spouse, former 
                                spouse, or child'' and inserting 
                                ``spouse or former spouse (or domestic 
                                partner or former domestic partner) or 
                                child,''; and
                  (D) in paragraph (4), by striking ``marriage, then, 
                if such marriage'' and inserting ``marriage, then, if 
                such marriage (or a domestic partnership, then, if such 
                domestic partnership)'';
          (5) by striking subsection (f) and inserting the following:
  ``(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 the surviving 
        domestic partner dies or enters into a subsequent domestic 
        partnership); 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).'';
          (6) by striking subsection (g) and inserting the following:
  ``(g) In the case of a surviving spouse (or surviving domestic 
partner) whose annuity under this section is terminated because of 
remarriage (or entry into a subsequent 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 
        remarriage (or subsequent domestic partnership); and
          ``(2) any lump sum paid on termination of the annuity is 
        returned to the Fund.'';
          (7) by striking subsection (h) and inserting the following:
  ``(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 
                former domestic partner enters into a subsequent 
                domestic partnership) 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 (or the former domestic partner 
                enters into a subsequent domestic partnership 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.'';
          (8) by striking subsection (i) and inserting the following:
  ``(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.''; and
          (9) by redesignating subsection (k) as subsection (j) and 
        amending such subsection to read as follows:
  ``(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 remarriage (or entry into a subsequent 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 remarriage (or entry into a subsequent 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. 206. LUMP-SUM BENEFITS; DESIGNATION OF BENEFICIARY; ORDER OF 
                    PRECEDENCE.

   Section 8342 is amended--
          (1) in subsection (c), by inserting ``(or surviving 
        partner)'' after ``widow or widower'' ; and
          (2) in subsection (j)--
                  (A) in paragraph (1)(A), by inserting ``(or the 
                domestic partner, if any, and any former domestic 
                partner)'' after ``the spouse, if any, and any former 
                spouse''; and
                  (B) by inserting ``(or domestic partner or former 
                domestic partner)'' after ``spouse or former spouse'' 
                each place it appears.

SEC. 207. ALTERNATIVE FORMS OF ANNUITIES.

   Section 8343a is amended--
          (1) in subsection (b)(2), by inserting ``(or in a domestic 
        partnership)'' after ``married'';
          (2) in subsection (b)(2)(B), by inserting ``(or surviving 
        domestic partner)'' after ``surviving spouse''; and
          (3) in subsection (e), by inserting ``(or in a domestic 
        partnership)'' after ``married''.

SEC. 208. ADMINISTRATION; REGULATIONS.

   Section 8347(n)(1)(D) is amended by striking ``their spouses, and 
their former spouses'' and inserting ``their spouses, domestic 
partners, former spouses, and former domestic partners''.

SEC. 209. PARTICIPATION IN THE THRIFT SAVINGS PLAN.

   Section 8351(b)(5) is amended--
          (1) in subparagraphs (A), (B), and (C), by inserting ``(or 
        domestic partner)'' after ``spouse'' each place it appears;
          (2) in subparagraph (B), by striking ``a married employee or 
        Member'' and inserting ``an employee or Member who is married 
        (or in a domestic partnership)''; and
          (3) in subparagraph (D), by inserting ``(or domestic partner 
        or former domestic partner)'' after ``spouse or former 
        spouse''.

            TITLE III--FEDERAL EMPLOYEES' RETIREMENT SYSTEM

SEC. 301. DEFINITIONS.

   Section 8401 is amended--
          (1) in paragraph (35), by striking ``and'' at the end;
          (2) in paragraph (36), by striking the period at the end and 
        inserting ``; and''; and
          (3) by adding at the end the following:
          ``(37) `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 an 
                employee or Member; and
                  ``(B) if the former domestic partner was in a 
                domestic partnership with such individual for at least 
                9 months.''.

SEC. 302. CREDITABLE SERVICE.

   Section 8411 is amended--
          (1) in subsection (c)(4)(C)(ii), by inserting ``(or former 
        domestic partner)'' after ``former spouse'';
          (2) in subsection (l)(4)(B)(i), by inserting ``(or domestic 
        partner)'' after ``spouse''; and
          (3) in subsection (l)(5), by inserting ``(or domestic 
        partner)'' after ``spouse'' each place it appears.

SEC. 303. SURVIVOR REDUCTION FOR A CURRENT SPOUSE OR A CURRENT DOMESTIC 
                    PARTNER.

  (a) In General.-- Section 8416 is amended--
          (1) in the catchline, by inserting ``or a current domestic 
        partner'' after ``spouse'';
          (2) in subsection (a)--
                  (A) by inserting ``(or in a domestic partnership)'' 
                after ``married'' each place it appears;
                  (B) by inserting ``(or domestic partner)'' after 
                ``spouse'' each place it appears; and
                  (C) by inserting ``(or domestic partner's)'' after 
                ``spouse's'' each place it appears;
          (3) by amending subsection (b) to read as follows:
  ``(b)(1) Upon remarriage (or entry into a 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 remarriage (or entry into a 
        subsequent domestic partnership), or
          ``(B) if later, within 2 years after--
                  ``(i) the death or remarriage of any former spouse 
                (or the death of or entry into a subsequent domestic 
                partnership by any 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 or 
                remarriage of the last such surviving former spouse (or 
                the death of or entry into a subsequent domestic 
                partnership by the last such surviving 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 remarriage (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).''.
          (4) in subsection (c)--
                  (A) by striking the matter before paragraph (2) and 
                inserting the following:
  ``(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 or remarriage of any former spouse 
                (or the death of or entry into a subsequent domestic 
                partnership by any domestic partner) of such employee 
                or Member who was entitled to a survivor annuity under 
                section 8445,
                  ``(ii) if more than 1, the death or remarriage of the 
                last such surviving former spouse (or the death of or 
                the entry into a subsequent domestic partnership by the 
                last such surviving domestic partner),
        a reduction in the current annuity of the retired employee or 
        Member, in accordance with section 8419(a).''; and
                  (B) in paragraph (2), by striking ``marriage.'' and 
                inserting ``marriage (or domestic partnership).''; and
          (5) in subsection (d)(1)--
                  (A) by inserting ``(or in a domestic partnership)'' 
                after ``married''; and
                  (B) by inserting ``(or domestic partner)'' after 
                ``spouse'' each place it appears.
  (b) Clerical Amendment.--The table of sections for chapter 84, is 
amended by striking the item relating to section 8416 and inserting the 
following:

``8416. Survivor reduction for a current spouse or a current domestic 
partner.''.

SEC. 304. SURVIVOR REDUCTION FOR A FORMER SPOUSE OR FORMER DOMESTIC 
                    PARTNER.

  (a) In General.-- Section 8417 is amended--
          (1) in the catchline, by inserting ``or a former domestic 
        partner'' after ``former spouse'' ;
          (2) in subsection (a), by inserting ``(or a former domestic 
        partner)'' after ``former spouse'';
          (3) in subsection (b)--
                  (A) in paragraph (1), by inserting ``(or former 
                domestic partner)'' after ``former spouse'' each place 
                it appears;
                  (B) by amending paragraph (2) to read as follows:
  ``(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).''; and
                  (C) in paragraph (3)--
                          (i) in subparagraph (A)(ii), by inserting 
                        ``(or a surviving partner)'' after ``a widow or 
                        widower''; and
                          (ii) by amending subparagraph (B) to read as 
                        follows:
          ``(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.''.
  (b) Clerical Amendment.--The table of sections for chapter 84 of 
title 5, United States Code, is amended by striking the item relating 
to section 8417 and inserting the following:

``8417. Survivor reduction for a former spouse or a former domestic 
partner.''.

SEC. 305. SURVIVOR ELECTIONS; DEPOSIT; OFFSETS.

   Section 8418(b) is amended--
          (1) by inserting ``(or domestic partnership)'' after 
        ``marriage''; and
          (2) by striking ``former spouse.'' and inserting ``former 
        spouse (or former domestic partner).''.

SEC. 306. SURVIVOR REDUCTIONS; COMPUTATION.

   Section 8419 is amended--
          (1) in subsection (a), by inserting ``(or domestic partner)'' 
        after ``spouse'' each place it appears; and
          (2) by amending subsection (b) to read as follows:
  ``(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 the former domestic partner 
enters into a subsequent domestic partnership) 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. 307. INSURABLE INTEREST REDUCTIONS.

   Section 8420 is amended--
          (1) in subsection (b)(1)--
                  (A) by striking ``married employee or Member'' and 
                inserting ``employee or Member who is married (or in a 
                domestic partnership)''; and
                  (B) by inserting ``(or domestic partner)'' after 
                ``spouse'' each place it appears; and
          (2) in subsection (b)(2), by inserting ``(or former domestic 
        partner)'' after ``former spouse''.

SEC. 308. ALTERNATIVE FORMS OF ANNUITIES.

   Section 8420a is amended--
          (1) in subsection (b)(2)--
                  (A) in the matter before subparagraph (A), by 
                inserting ``(or in a domestic partnership)'' after 
                ``married''; and
                  (B) in subparagraph (B), by striking ``surviving 
                spouse.'' and inserting ``surviving spouse (or 
                surviving domestic partner).'';
          (2) in subsection (d)--
                  (A) in paragraph (1), by striking ``married,'' and 
                inserting ``married (or in a domestic partnership),'' 
                and
                  (B) in paragraph (2), by inserting ``(or former 
                domestic partner)'' after ``former spouse'' each place 
                it appears; and
          (3) in subsection (e), by inserting ``(or in a domestic 
        partnership)'' after ``married''.

SEC. 309. LUMP-SUM BENEFITS; DESIGNATION OF BENEFICIARY; ORDER OF 
                    PRECEDENCE.

   Section 8424 is amended--
          (1) in subsection (b)--
                  (A) in paragraph (1)--
                          (i) in subparagraph (A), by striking ``the 
                        spouse, if any, and any former spouse'' and 
                        inserting ``any spouse or former spouse (and 
                        any domestic partner or former domestic 
                        partner)''; and
                          (ii) in subparagraph (B), by striking 
                        ``spouse or former spouse'' each place it 
                        appears and inserting ``spouse or former spouse 
                        (or domestic partner or former domestic 
                        partner)''; and
                  (B) in paragraph (2), by striking ``spouse or former 
                spouse'' each place it appears and inserting ``spouse 
                or former spouse (or domestic partner or former 
                domestic partner)''; and
          (2) in subsection (d), by striking ``widow or widower'' and 
        inserting ``widow or widower (or surviving partner)''.

SEC. 310. ANNUITIES: METHODS OF PAYMENT; ELECTION; PURCHASE.

   Section 8434(a)(2) is amended--
          (1) in subparagraph (B), by inserting ``(or domestic 
        partner)'' after ``spouse''; and
          (2) in subparagraph (E)(i), by inserting ``(or former 
        domestic partner)'' after ``former spouse''.

SEC. 311. PROTECTIONS FOR SPOUSES, DOMESTIC PARTNERS, FORMER SPOUSES, 
                    AND FORMER DOMESTIC PARTNERS.

  (a) In General.-- Section 8435 is amended--
          (1) in the catchline, by striking ``spouses and former 
        spouses'' and inserting ``spouses, domestic partners, former 
        spouses, and former domestic partners'';
          (2) in subsection (a)--
                  (A) in paragraph (1)--
                          (i) in subparagraph (A), by striking ``A 
                        married employee or Member (or former employee 
                        or Member)'' each place it appears and 
                        inserting ``An employee or Member, or former 
                        employee or former Member, who is married (or 
                        in a domestic partnership)''; and
                          (ii) in subparagraph (B), by inserting ``or 
                        domestic partner'' after ``spouse'' each place 
                        it appears; and
                  (B) in paragraph (2), by inserting ``(or domestic 
                partner's)'' after ``spouse's'' each place it appears;
          (3) in subsection (b)--
                  (A) in paragraph (1)--
                          (i) by inserting ``(or surviving domestic 
                        partner)'' after ``surviving spouse'' each 
                        place it appears; and
                          (ii) by inserting ``(or in a domestic 
                        partnership)'' after ``married''; and
                  (B) in paragraph (2)(A), by inserting ``(or domestic 
                partner)'' after ``spouse'';
          (4) in subsection (d)--
                  (A) in paragraph (1), by inserting ``(or former 
                domestic partner)'' after ``former spouse'' the first 2 
                places it appears;
                  (B) in paragraphs (3) through (6), by inserting ``(or 
                former domestic partner)'' after ``former spouse'' each 
                place it appears;
                  (C) in paragraph (3)(B), by inserting ``(or former 
                domestic partners)'' after ``former spouses''; and
                  (D) in paragraph (3)(A), by inserting ``(or surviving 
                domestic partner)'' after ``surviving spouse'';
          (5) in subsection (e)(1)--
                  (A) by striking the matter before subparagraph (B) 
                and inserting the following:
  ``(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.''; 
and
                  (B) in subparagraph (C), by inserting ``(or domestic 
                partner's)'' after ``spouse's'' each place it appears; 
                and
          (6) in subsection (g), by inserting ``(or domestic partner or 
        former domestic partner)'' after ``spouse or former spouse''.
  (b) Clerical Amendment.--The table of sections for chapter 84 is 
amended by striking the item relating to section 8435 and inserting the 
following:

``8435. Protections for spouses, domestic partners, former spouses, and 
former domestic partners.''.

SEC. 312. JUSTICES AND JUDGES.

   Section 8440a(b)(6) is amended by inserting ``(or domestic 
partners)'' after ``spouses''.

SEC. 313. SURVIVOR ANNUITIES: DEFINITIONS.

   Section 8441 is amended--
          (1) by redesignating paragraphs (3) and (4) as paragraphs (4) 
        and (5), respectively, and by inserting after paragraph (2) the 
        following:
          ``(3) the term `surviving partner' means the surviving 
        domestic partner of an employee, Member, or annuitant, or of a 
        former employee or Member, who--
                  ``(A) 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
                  ``(B) satisfies such other requirement, based on 
                parenthood, as the Office of Personnel Management shall 
                by regulation prescribe based on the definition of a 
                widow or widower under this section;'';
          (2) in paragraph (5) (as so redesignated by paragraph (1))--
                  (A) in subparagraph (A), by inserting ``(or surviving 
                partner)'' after ``widow or widower''; and
          (3) by adding at the end the following:
``The Office shall prescribe regulations to provide that, for purposes 
of applying the provisions of paragraph (5)(A)(ii) (relating to the 
treatment of a stepchild) in the case of a domestic partnership, rules 
similar to those prescribed to carry out section 8901(5)(B) in similar 
circumstances shall apply.''.

SEC. 314. RIGHTS OF A WIDOW, WIDOWER, OR SURVIVING PARTNER.

  (a) In General.--Section 8442 is amended--
          (1) in the catchline, by striking ``widow or widower'' and 
        inserting ``widow, widower, or surviving partner'';
          (2) in subsection (a)--
                  (A) by inserting ``(or surviving partner)'' after 
                ``widow or widower'' each place it appears;
                  (B) in paragraph (1)(B), by inserting ``(or entry 
                into a domestic partnership)'' after ``marriage''; and
                  (C) in paragraph (2), by inserting ``(or domestic 
                partner)'' after ``spouse'' each place it appears;
          (3) in subsection (b), by inserting ``(or surviving 
        partner)'' after ``widow or widower'' each place it appears;
          (4) in subsection (c)--
                  (A) in paragraph (1), (in the matter before 
                subparagraph (A)), by inserting ``(or a surviving 
                partner with whom in a domestic partnership)'' after 
                ``widow or widower to whom married''; and
                  (B) by striking ``widow or widower'' each place it 
                appears (other than where amended by subparagraph (A)) 
                and inserting ``widow or widower (or surviving 
                partner)'';
          (5) in subsection (d)--
                  (A) by striking ``widow or widower'' each place it 
                appears and inserting ``widow or widower (or surviving 
                partner)'';
                  (B) in paragraph (1)(B), by inserting ``(or enters 
                into a subsequent domestic partnership)'' after 
                ``remarries'';
                  (C) in paragraph (2)--
                          (i) by striking ``remarriage before'' and 
                        inserting ``remarriage (or entry into a 
                        subsequent domestic partnership) before'';
                          (ii) by striking ``remarriage is dissolved by 
                        death, divorce, or annulment,'' and inserting 
                        ``remarriage is dissolved by death, divorce, 
                        annulment (or subsequent domestic partnership 
                        is terminated),'';
                          (iii) in subparagraph (A), by striking 
                        ``remarriage;'' and inserting ``remarriage (or 
                        entry into a subsequent domestic 
                        partnership);''; and
                  (D) in paragraph (3)--
                          (i) by inserting ``or entry into a subsequent 
                        domestic partnership'' after ``remarriage''; 
                        and
                          (ii) by inserting ``(or in a domestic 
                        partnership for at least 30 years with)'' after 
                        ``married for at least 30 years to'';
          (6) in subsection (e)--
                  (A) by inserting ``(or surviving partner)'' after 
                ``widow or widower'' each place it appears;
                  (B) by inserting ``(or in a domestic partnership 
                with)'' after ``been married to''; and
                  (C) by amending paragraph (2) to read as follows:
          ``(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.'';
          (7) in subsection (g), by striking ``widow or widower'' and 
        inserting ``widow, widower, or surviving partner'' each place 
        it appears; and
          (8) in subsection (h)--
                  (A) by striking ``widow or widower'' each place it 
                appears and inserting ``widow or widower (or surviving 
                partner)''; and
                  (B) by inserting ``(or former domestic partner)'' 
                after ``former spouse'' each place it appears.
  (b) Clerical Amendment.--The table of sections for chapter 84 is 
amended by striking the item relating to section 8442 and inserting the 
following:

``8442. Rights of a widow, widower, or surviving partner.''.

SEC. 315. RIGHTS OF A FORMER SPOUSE OR FORMER DOMESTIC PARTNER.

  (a) In General.--Section 8445 is amended--
          (1) in the catchline, by striking ``former spouse'' and 
        inserting ``former spouse or former domestic partner'';
          (2) in subsection (a), by inserting ``(or former domestic 
        partner)'' after ``former spouse'';
          (3) in subsection (b)--
                  (A) by inserting ``(or former domestic partner)'' 
                after ``former spouse'' each place it appears; and
                  (B) in paragraph (2), by inserting ``(or surviving 
                partner)'' after ``widow or widower'';
          (4) in subsection (c)(2), by inserting ``(or the former 
        domestic partner enters into a subsequent domestic 
        partnership)'' after ``former spouse remarries'';
          (5) in subsection (e), by inserting ``(or former domestic 
        partner)'' after ``former spouse'' each place it appears; and
          (6) by amending subsection (h) to read as follows:
  ``(h)(1) Subsection (c)(2), to the extent that it provides for 
termination of a survivor annuity because of a remarriage (or entry 
into a subsequent 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 remarriage (or entry into a subsequent 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.''.
  (b) Clerical Amendment.--The table of sections for chapter 84 is 
amended by striking the item relating to section 8445 and inserting the 
following:

``8445. Rights of a former spouse or former domestic partner.''.

SEC. 316. AUTHORITY OF THE OFFICE OF PERSONNEL MANAGEMENT.

   Section 8461(j)(1)(D) is amended by striking ``such employees, their 
spouses, their former spouses, and their survivors'' and inserting 
``such employees and their spouses, domestic partners, former spouses, 
former domestic partners, and survivors''.

SEC. 317. COST-OF-LIVING ADJUSTMENTS.

   Section 8462(c) is amended--
          (1) in paragraph (2), by striking ``survivor (other than a 
        widow or widower whose annuity is computed under section 
        8442(g) or a child under section 8443)'' and inserting the 
        following: ``survivor, other than a widow or widower (or 
        surviving partner) whose annuity is computed under section 
        8442(g) or a child under section 8443,'';
          (2) in paragraph (4) (in the matter before subparagraph (A)), 
        by inserting ``(or surviving partner)'' after ``widow or 
        widower''; and
          (3) in paragraph (4)(B)(i), by inserting ``(or surviving 
        partner's)'' after ``widow's or widower's''.

SEC. 318. FIDUCIARY RESPONSIBILITIES; LIABILITY AND PENALTIES.

   Section 8477(a)(4)(F) is amended to read as follows:
                  ``(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);''.

                      TITLE IV--INSURANCE BENEFITS

SEC. 401. LIFE INSURANCE.

  (a) In General.--Chapter 87 is amended--
          (1) in section 8701(d)--
                  (A) in paragraph (1)(A), by inserting ``or domestic 
                partner'' after ``spouse''; and
                  (B) by adding at the end the following:
  ``(3) In the case of an individual whose domestic partner has a child 
by a previous marriage, domestic partnership (as defined under 
regulations of the Office of Personnel Management), or otherwise, such 
child shall, unless adopted by such individual, be treated as a 
stepchild of such individual.'';
          (2) in section 8705(a), by inserting ``or surviving domestic 
        partner'' after ``widow or widower''; and
          (3) in section 8714c(b)(1)(A), by striking ``spouse;'' and 
        inserting ``spouse or domestic partner;''.
  (b) Effective Date.--The amendments made by this section shall apply 
with respect to calendar years beginning after the end of the 6-month 
period beginning on the date of the enactment of this Act.

SEC. 402. HEALTH INSURANCE.

  (a) Definitions.--Section 8901 is amended--
          (1) in paragraph (5) (in the matter before subparagraph (A)), 
        by inserting ``or domestic partner'' after ``the spouse'';
          (2) in paragraph (8)(B), by striking ``or former spouses,'' 
        and inserting ``former spouses, or former domestic partners,'';
          (3) by striking ``and'' at the end of paragraph (10), by 
        redesignating paragraph (11) as paragraph (12), and by 
        inserting after paragraph (10) the following:
          ``(11) `former domestic partner' means a domestic partner--
                  ``(A) whose domestic partnership with an employee, 
                former employee, or annuitant has terminated,
                  ``(B) who has not entered into another domestic 
                partnership 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); and''; and
          (4) by adding after paragraph (12) (as so redesignated by 
        paragraph (3)), as a flush left sentence, the following:
``For purposes of paragraph (5), in the case of an employee or 
annuitant whose domestic partner has a child by a previous marriage, 
domestic partnership (as defined under regulations of the Office of 
Personnel Management), or otherwise, such child shall, unless adopted 
by such individual, be treated as a stepchild of such individual.''.
  (b) Contracting Authority.--Section 8902 is amended in subsections 
(g), (j), and (k)(1), by inserting ``former domestic partner,'' after 
``former spouse,'' each place it appears.
  (c) Debarment and Other Sanctions.--Section 8902a(a)(1)(B) is amended 
by striking ``or former spouse'' and inserting ``former spouse, or 
former domestic partner''.
  (d) Health Benefits Plans.--Section 8903(1) is amended--
          (1) by inserting ``former domestic partners,'' after ``former 
        spouses,''; and
          (2) by inserting ``former domestic partner,'' after ``former 
        spouse,''.
  (e) Election of Coverage.--Section 8905 is amended--
          (1) in subsection (c), by adding at the end the following:
  ``(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.'';
          (2) in subsection (e)--
                  (A) by inserting ``or domestic partner'' after ``has 
                a spouse''; and
                  (B) by striking ``either spouse,'' and inserting 
                ``either spouse or domestic partner,''; and
          (3) in subsections (f) and (g), by inserting ``former 
        domestic partner,'' after ``former spouse,'' each place it 
        appears.
  (f) Continued Coverage.--Section 8905a is amended by adding at the 
end the following:
  ``(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.''.
  (g) Coverage of Restored Employees and Survivor or Disability 
Annuitants.--Section 8908(b) is amended--
          (1) by inserting ``or surviving domestic partner'' after 
        ``surviving spouse''; and
          (2) by inserting ``or a subsequent domestic partnership'' 
        after ``because of remarriage''.
  (h) Regulations.--Section 8913(c) is amended--
          (1) by striking ``and former spouses'' and inserting ``former 
        spouses, and former domestic partners''; and
          (2) by striking ``annuitant or former spouse'' and inserting 
        ``annuitant, former spouse, or former domestic partner''.
  (i) Effective Date.--The amendments made by this section shall apply 
with respect to contract years beginning after the end of the 6-month 
period beginning on the date of the enactment of this Act.

SEC. 403. ENHANCED DENTAL BENEFITS.

  (a) In General.--Chapter 89A is amended--
          (1) in section 8956(a)--
                  (A) by inserting ``or domestic partner'' after ``a 
                spouse''; and
                  (B) by striking ``either spouse,'' and inserting 
                ``either spouse or either domestic partner (as the case 
                may be),''; and
          (2) in section 8957, by inserting ``surviving domestic 
        partner,'' after ``surviving spouse,''.
  (b) Effective Date.--The amendments made by this section shall apply 
with respect to contract years beginning after the end of the 6-month 
period beginning on the date of the enactment of this Act.

SEC. 404. ENHANCED VISION BENEFITS.

  (a) In General.--Chapter 89B is amended--
          (1) in section 8986(a)--
                  (A) by inserting ``or domestic partner'' after ``a 
                spouse''; and
                  (B) by striking ``either spouse,'' and inserting 
                ``either spouse or either domestic partner (as the case 
                may be),''; and
          (2) in section 8987, by inserting ``surviving domestic 
        partner,'' after ``surviving spouse,''.
  (b) Effective Date.--The amendments made by this section shall apply 
with respect to contract years beginning after the end of the 6-month 
period beginning on the date of the enactment of this Act.

SEC. 405. LONG-TERM CARE INSURANCE.

  (a) In General.--Chapter 90 is amended--
          (1) in section 9001(5)--
                  (A) in subparagraph (A), by striking ``or (4).'' and 
                inserting ``or (4) (and the domestic partner of an 
                individual described in paragraph (1), (2), or (4) or 
                of an individual who satisfies paragraph (3) by virtue 
                of having been appointed to a position in the 
                commissioned corps of the Public Health Service or the 
                commissioned corps of the National Oceanic and 
                Atmospheric Administration).''; and
                  (B) in subparagraph (C), by inserting ``or of the 
                domestic partner of such an individual,'' after 
                ``(4),''; and
          (2) in section 9002(e)(2)--
                  (A) in the heading, by striking ``Spousal parity'' 
                and inserting the following: ``Parity for spouse or 
                domestic partner''; and
                  (B) by inserting ``or domestic partner'' after 
                ``spouse''.
  (b) Effective Date.--The amendments made by this section shall apply 
with respect to calendar years beginning after the end of the 6-month 
period beginning on the date of the enactment of this Act.

            TITLE V--TRAVEL, TRANSPORTATION, AND SUBSISTENCE

SEC. 501. REIMBURSEMENT FOR TAXES INCURRED ON MONEY RECEIVED FOR TRAVEL 
                    EXPENSES.

  (a) In General.--Section 5706c is amended--
          (1) in subsection (a), by striking ``by an employee and such 
        employee's spouse (if filing jointly),'' and inserting ``by an 
        employee and such employee's spouse (or, where allowable, such 
        employee's domestic partner), if filing jointly,''; and
          (2) in subsection (b), by striking ``employee and spouse, as 
        the case may be,'' and inserting ``employee and spouse (or 
        domestic partner), as the case may be''.
  (b) Effective Date.--The amendments made by this section shall apply 
with respect to taxable years beginning after the end of the 6-month 
period beginning on the date of the enactment of this Act.

SEC. 502. RELOCATION EXPENSES OF EMPLOYEES TRANSFERRED OR REEMPLOYED.

  (a) In General.--Section 5724a(b)(1)(A) is amended by striking 
``employee's spouse'' and inserting ``employee's spouse (or domestic 
partner)''.
  (b) Effective Date.--The amendment made by this section shall apply 
with respect to expenses incurred after the end of the 6-month period 
beginning on the date of the enactment of this Act.

SEC. 503. TAXES ON REIMBURSEMENTS FOR TRAVEL, TRANSPORTATION, AND 
                    RELOCATION EXPENSES OF EMPLOYEES TRANSFERRED.

  (a) In General.--Section 5724b(a) is amended--
          (1) by striking ``by an employee and such employee's spouse 
        (if filing jointly),'' and inserting ``by an employee and such 
        employee's spouse (or, where allowable, such employee's 
        domestic partner), if filing jointly,''; and
          (2) by striking ``employee and spouse, as the case may be,'' 
        and inserting ``employee and spouse (or domestic partner), as 
        the case may be,''.
  (b) Effective Date.--The amendments made by this section shall apply 
with respect to taxable years beginning after the end of the 6-month 
period beginning on the date of the enactment of this Act.

SEC. 504. RELOCATION EXPENSES OF AN EMPLOYEE WHO IS PERFORMING AN 
                    EXTENDED ASSIGNMENT.

  (a) In General.--Section 5737(a)(4) is amended by inserting ``(or 
domestic partner)'' after ``employee and spouse''.
  (b) Effective Date.--The amendment made by this section shall apply 
with respect to expenses incurred after the end of the 6-month period 
beginning on the date of the enactment of this Act.

                TITLE VI--COMPENSATION FOR WORK INJURIES

SEC. 601. DEFINITIONS.

  Section 8101 is amended--
          (1) in paragraph (9), by inserting ``children (including 
        adopted children) of a domestic partner,'' after ``adopted 
        children,'';
          (2) in paragraph (19), by striking ``and'' at the end;
          (3) in paragraph (20), by striking the period and inserting a 
        semicolon; and
          (4) by adding after paragraph (20) the following:
          ``(21) `domestic partner' means an individual who is in a 
        domestic partnership with another individual of the same sex, 
        as determined by the Secretary of Labor for purposes of this 
        subchapter pursuant to regulations issued by the Secretary, in 
        consultation with the Director of the Office of Personnel 
        Management, consistent with the requirements that--
                  ``(A) both individuals are at least 18 years of age 
                and competent to contract;
                  ``(B) both individuals intend to remain in the 
                domestic partnership indefinitely;
                  ``(C) such individuals--
                          ``(i) have a common residence; or
                          ``(ii) do not have a common residence because 
                        of financial, employment-related, or other 
                        reasons;
                  ``(D) neither individual is married to or in a 
                domestic partnership with anyone outside of the 
                domestic partnership referred to in subparagraph (B);
                  ``(E) the 2 individuals share responsibility for a 
                significant measure of each other's common welfare and 
                financial obligations;
                  ``(F) the 2 individuals are not related in a way 
                that, if they were of the opposite sex, would prohibit 
                legal marriage in the jurisdiction in which either of 
                them resides;
                  ``(G) at least 1 of them is an employee or an 
                individual otherwise eligible for coverage under this 
                subchapter based on such individual's employment or 
                other service; and
                  ``(H) both individuals understand that willful 
                falsification of information within the affidavit or 
                failure to provide appropriate notification of the 
                termination of the domestic partnership may lead to the 
                recovery of the amounts obtained as a result of such 
                falsification or failure (as the case may be), criminal 
                or other penalties, and (in appropriate circumstances) 
                disciplinary action; and
          ``(22) `surviving partner' means the domestic partner living 
        with or dependent for support on the decedent at the time of 
        his or her death, or living apart for reasonable cause or 
        because of his or her desertion.''.

SEC. 602. DEATH GRATUITY FOR INJURIES INCURRED IN CONNECTION WITH 
                    EMPLOYEE'S SERVICE WITH AN ARMED FORCE.

  Section 8102a(d) is amended--
          (1) in paragraph (1)(A), by striking ``surviving spouse.'' 
        and inserting ``surviving spouse (or surviving partner).''; and
          (2) in paragraph (2)(C), by inserting ``(including children 
        of a domestic partner)'' after ``stepchildren''.

SEC. 603. BENEFICIARIES OF AWARDS UNPAID AT DEATH; ORDER OF PRECEDENCE.

  Section 8109(a)(D) is amended--
          (1) in clause (i), by striking ``the widow or widower.'' and 
        inserting ``the widow or widower (or the surviving partner).'';
          (2) in clause (ii)--
                  (A) by inserting ``(or a surviving partner)'' after 
                ``a widow or widower''; and
                  (B) by inserting ``(or the surviving partner)'' after 
                ``the widow or widower''; and
          (3) in clause (iii), by striking ``no widow or widower,'' and 
        inserting ``no widow or widower (and no surviving partner),''.

SEC. 604. AUGMENTED COMPENSATION FOR DEPENDENTS.

  Section 8110(a) is amended--
          (1) in paragraph (3), by striking ``and'' at the end;
          (2) in paragraph (4), by striking the period and inserting 
        ``; and''; and
          (3) by inserting after paragraph (4) the following:
          ``(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.''.

SEC. 605. LIMITATIONS ON RIGHT TO RECEIVE COMPENSATION.

  Section 8116(c) is amended by striking ``spouse,'' and inserting 
``spouse (or domestic partner),''.

SEC. 606. COMPENSATION IN CASE OF DEATH.

  Section 8133 is amended--
          (1) in subsection (a)--
                  (A) in paragraphs (1) and (2), by striking ``the 
                widow or widower,'' and inserting ``the widow or 
                widower (or the surviving partner),''; and
                  (B) in paragraph (2), by inserting ``(or the 
                surviving partner)'' after ``for the widow or 
                widower'';
                  (C) in paragraph (3), by striking ``no widow or 
                widower,'' and inserting ``no widow or widower (and no 
                surviving partner),''; and
                  (D) in paragraphs (4) and (5), by inserting 
                ``surviving partner,'' after ``widow, widower,'' each 
                place it appears; and
          (2) in subsection (b)--
                  (A) by amending paragraph (1) to read as follows:
          ``(1) a widow or widower dies or remarries (or a surviving 
        partner dies or enters into a subsequent domestic partnership) 
        before reaching age 55;''; and
                  (B) in the last sentence--
                          (i) by inserting ``(or surviving partner)'' 
                        after ``widow or widower''; and
                          (ii) by inserting ``(or more than one 
                        domestic partner)'' after ``husband or wife''.

SEC. 607. LUMP-SUM PAYMENT.

  Section 8135(b) is amended to read as follows:
  ``(b) On remarriage (or entry into a subsequent domestic partnership) 
before reaching age 55 a widow or widower (or surviving partner) 
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 that individual was entitled immediately before the remarriage 
(or subsequent domestic partnership).''.

SEC. 608. REGULATIONS.

  (a) In General.--The Secretary of Labor may prescribe regulations to 
carry out this title and the amendments made by this title.
  (b) Consultation.--The Secretary of Labor shall consult with the 
Director of the Office of Personnel Management and the heads of any 
other agencies whose programs are affected by this Act in order to 
standardize, to the extent possible, the process for establishing the 
existence of a domestic partnership under each such program.

SEC. 609. EFFECTIVE DATE.

  (a) In General.--Subject to succeeding provisions of this section, 
this title and the amendments made by this title--
          (1) shall take effect on the date of enactment of this Act; 
        and
          (2) shall apply with respect to any injury or death occurring 
        before, on, or after such date of enactment.
  (b) Timely Claim Required; Limitation on Payments.--No compensation 
shall be payable, by virtue of the enactment of this title--
          (1) unless timely claim therefor is filed in accordance with 
        the provisions of sections 8122 or 8193 of title 5, United 
        States Code (as applicable), and subsection (c); or
          (2) with respect to any period commencing before the date of 
        enactment of this Act.
  (c) Allowability of Claims.--In the case of an original claim for 
compensation for a disability or death that occurred before the date of 
enactment of this Act (and which would not otherwise be payable, but 
for the enactment of the amendments made by this title)--
          (1) such claim shall not be allowed if, as of such date of 
        enactment, a claim based on such disability or death would no 
        longer be timely (determined in accordance with such section 
        8122 or 8193 (as applicable), before the application of 
        paragraph (2)); and
          (2) the timeliness of any such claim, if not precluded by 
        paragraph (1), shall be determined--
                  (A) by applying the provisions of such section 8122 
                or 8193 (as applicable); and
                  (B) as if the time limitations of such section 8122 
                or 8193 (as applicable) did not begin to run until the 
                date on which implementing regulations under section 
                608 become effective.
  (d) Payments for Prior Periods Not Affected.--No recovery shall be 
made of compensation paid to any individual whose entitlement to 
compensation is terminated or reduced as a result of the enactment of 
this title.

  TITLE VII--PROVISIONS RELATING TO EMPLOYMENT OF RELATIVES AND OTHER 
                                MATTERS

SEC. 701. EMPLOYMENT OF RELATIVES; RESTRICTIONS.

  Section 3110(a)(3) is amended by inserting ``domestic partner,'' 
after ``husband, wife,''.

SEC. 702. SETTLEMENT OF ACCOUNTS.

  (a) Definition.--Section 5581 is amended--
          (1) in paragraph (1), by striking ``and'' at the end;
          (2) in paragraph (2), by striking ``by Federal statute.'' at 
        the end and inserting ``by Federal statute; and''; and
          (3) by adding at the end the following:
          ``(3) `surviving partner' has the meaning given it by 
        sections 8341 and 8441, respectively.''.
  (b) Order of Precedence.--Section 5582(b) is amended by inserting 
``(or surviving partner)'' after ``widow or widower''.

SEC. 703. BENEFITS FOR CAPTIVES.

  Section 5569(j) is amended by adding at the end the following: ``Such 
regulations shall include provisions to ensure that, in the 
administration of this section, a domestic partner shall be afforded 
the same status as a spouse.''.

SEC. 704. COMPENSATION FOR DISABILITY OR DEATH.

  Section 5570 is amended by adding at the end the following:
  ``(h) Regulations to carry out this section shall include provisions 
to ensure that, in the administration of this section, a domestic 
partner shall be afforded the same status as a spouse.''.

SEC. 705. FAMILY AND MEDICAL LEAVE.

  (a) Definition.--Section 6381(6) is amended (in the matter before 
subparagraph (A)), by inserting ``or a biological, adopted, or foster 
child of the domestic partner of the employee,'' before ``who is''.
  (b) Leave Requirement.--Section 6382 is amended in subsections 
(a)(1)(C) and (e)(2)(A) by striking ``spouse,'' and inserting ``spouse 
(or domestic partner),''.
  (c) Certification.--Section 6383 is amended in subsections (a) and 
(b)(4)(A) by striking ``spouse,'' each place it appears and inserting 
``spouse (or domestic partner),''.

                   TITLE VIII--ADDITIONAL PROVISIONS

SEC. 801. APPLICABILITY.

  This title applies with respect to--
          (1) benefits in the nature of family, medical, and emergency 
        leave, as provided for under--
                  (A) the Family and Medical Leave Act of 1993 (29 
                U.S.C. 2601 et seq.), insofar as that Act applies to 
                the Government Accountability Office and the Library of 
                Congress;
                  (B) section 202 of the Congressional Accountability 
                Act of 1995 (2 U.S.C. 1312); or
                  (C) section 412 of title 3, United States Code;
          (2) travel, transportation, and related payments and 
        benefits, as provided for under--
                  (A) chapter 9 of title I of the Foreign Service Act 
                of 1980 (22 U.S.C. 4081 et seq.); or
                  (B) section 1599b of title 10, United States Code;
          (3) benefits for members of the commissioned officer corps of 
        the National Oceanic and Atmospheric Administration, as 
        provided for under--
                  (A) section 261 of the National Oceanic and 
                Atmospheric Administration Commissioned Officer Corps 
                Act of 2002 (33 U.S.C. 3071); or
                  (B) any other provisions of title 10, United States 
                Code (apart from those made applicable by the provision 
                of law cited in subparagraph (A)); and
          (4) benefits, provided for under any other provisions of law, 
        which (as determined by the President or a designee)--
                  (A) relate to employees or annuitants (as those terms 
                are defined by section 2110 of title 5, United States 
                Code); and
                  (B) are necessary to carry out the purposes of this 
                Act with respect to benefits.

SEC. 802. REGULATIONS.

  The President (or designee) shall prescribe any regulations necessary 
to ensure that the provisions of law identified in or under section 801 
are administered in a manner consistent with the purposes of this Act.

      TITLE IX--AMENDMENT TO THE ETHICS IN GOVERNMENT ACT OF 1978

SEC. 901. AMENDMENT TO THE ETHICS IN GOVERNMENT ACT OF 1978.

  The Ethics in Government Act of 1978 (5 U.S.C. App.) is amended by 
adding at the end of title I the following:
                          ``domestic partners
  ``Sec. 112.  (a) An employee, former employee, or annuitant and the 
domestic partner of such employee, former employee, or annuitant (as 
the case may be) shall be subject to the provisions of law cited in 
subsection (b) to the same extent and in the same manner as in the case 
of a married employee, former employee, or annuitant and the spouse of 
such employee, former employee, or annuitant (as the case may be).
  ``(b) The provisions of law cited in this subsection are as follows:
          ``(1) The preceding provisions of this title (relating to 
        financial disclosure requirements of Federal personnel) and the 
        provisions of title V (relating to Government-wide limitations 
        on outside earned income and employment).
          ``(2) Regulations prescribed under section 7301 of title 5, 
        United States Code (relating to regulations for the conduct of 
        employees in the executive branch).
          ``(3) Section 7351 of title 5, United States Code (relating 
        to gifts to superiors).
          ``(4) Section 7353 of title 5, United States Code (relating 
        to gifts to Federal employees).
          ``(5) Chapter 11 of title 18, United States Code (relating to 
        bribery, graft, and conflicts of interest).
          ``(6) Section 7342 of title 5, United States Code (relating 
        to receipt and disposition of foreign gifts and decorations).
          ``(7) Section 1353 of title 31, United States Code (relating 
        to acceptance of travel and related expenses from non-Federal 
        sources).
          ``(8) Sections 4941 and 4946 of the Internal Revenue Code of 
        1986 (relating to taxes on self-dealing and definitions and 
        special rules).
          ``(9) Section 455 of title 28, United States Code (relating 
        to disqualification of justice, judge, or magistrate judge).
  ``(c) For purposes of this section, the term `domestic partner' has 
the meaning given such term by section 2110 of title 5, United States 
Code.''.

                    TITLE X--REPORTING REQUIREMENTS

SEC. 1001. REPORT OF THE PRESIDENT.

  Not later than 6 months after the date of the enactment of this Act, 
the President shall transmit to the Committee on Oversight and 
Government Reform of the House of Representatives and the Committee on 
Homeland Security and Governmental Affairs of the Senate--
          (1) a report on the implementation of this Act, including the 
        amendments made by this Act; and
          (2) a description of any further measures that should be 
        taken in order to carry out the purposes of this Act, including 
        recommendations for any legislation or administrative action 
        that may be necessary.

SEC. 1002. GAO REPORT.

  Not later than 2 years after the date of the enactment of this Act, 
the Government Accountability Office shall transmit to the Committee on 
Oversight and Government Reform of the House of Representatives and the 
Committee on Homeland Security and Governmental Affairs of the Senate a 
report on the effect that this Act and any amendments made by this Act 
have had on premiums or any other periodic charges payable by enrollees 
under chapter 89 of title 5, United States Code (relating to the 
Federal employees health benefits program), and the impact of extending 
benefits to domestic partners on the employee retention and recruitment 
efforts by the Federal government.

                          Purpose and Summary

    H.R. 2517, the ``Domestic Partnership Benefits and 
Obligations Act'', was introduced on May 20, 2009, by 
Representatives Tammy Baldwin (D-WI) and Ileana Ros-Lehtinen 
(R-FL). The legislation would make available certain employment 
benefits to federal employees, former employees, and annuitants 
in same sex domestic partnerships.
    In order to receive benefits, the legislation would require 
a federal employee, former employee, or annuitant with a same 
sex domestic partner to certify that the relationship satisfies 
certain criteria for establishing a domestic partnership under 
the Act. Once a domestic partnership is established, the 
employee and the domestic partner of the employee would be 
eligible to receive employment benefits, including health care 
insurance under the Federal Employee Health Benefits Plan. The 
employee and the domestic partner of the employee would also be 
subject to the same ethical and financial obligations that 
apply to a married federal employee and his or her spouse. As 
amended, H.R. 2517 would also require the administration within 
6 months to report to Congress on the implementation of the 
Act, and provide recommendations for additional measures that 
may be necessary in order to carry out the purposes of the Act.

                  Background and Need for Legislation

    H.R. 2517 would make employment benefits available to 
federal employees, former employees, and annuitants in same sex 
domestic partnerships. Many federal benefits that are currently 
available to married federal employees, such as health 
insurance or survivor retirement benefits, among others, are 
not offered to gay and lesbian federal employees and their 
domestic partners. On June 17, 2009, President Obama issued a 
memorandum to all government agencies instructing them to 
identify and report back to the Office of Personnel Management 
on any benefits that may be made available, under existing 
statutory authority, to federal employees with same sex 
domestic partners. The President noted, however, that extending 
many important employment benefits, such as health care, would 
require legislative action, and endorsed passage of H.R. 2517 
to ensure equal treatment of all federal employees in health 
care coverage and other important benefit areas.\1\
---------------------------------------------------------------------------
    \1\See Statement by the President on the Presidential Memorandum on 
Federal Benefits and Non-Discrimination, and Support of the Lieberman-
Baldwin Benefits Legislation. (June 17, 2009) http://
www.whitehouse.gov/the_press_office/Statement-by-the-President-on-the-
Presidential-Memorandum-on-Federal-Benefits-and-Non-Discrimination-and-
Support-of-the-Lieberman-Baldwin-Benefits-Legislation/ (last viewed 
Nov. 23, 2009).
---------------------------------------------------------------------------
    In extending these benefits to employees in same sex 
domestic partnerships, H.R. 2517 is intended to provide for the 
equitable treatment of all employees in the civil service. The 
legislation will allow the federal government to uphold the 
merit system principle that equal pay be provided for equal 
work. It will ensure that the federal government is able to 
maintain its role as a model employer in the United States, and 
it will help the government attract the best and brightest 
Americans to Federal service.
    According to the Bureau of Labor Statistics, nearly 13% of 
an employee's compensation comes in the form of insurance and 
retirement benefits. When these benefits are made available to 
members of an employee's family or household, it significantly 
increases the overall compensation received by the employee. 
Accordingly, a gay or lesbian civilian employee performing the 
same job, with identical duties, at the same pay grade, 
ultimately receives tens of thousands of dollars less in 
compensation than his or her married counterpart over the 
course of a career. It is difficult to square this reality with 
the merit system principle that requires ``equal pay for equal 
work.''\2\
---------------------------------------------------------------------------
    \2\See 5 U.S.C. Sec. 2301(b)(3).
---------------------------------------------------------------------------
    Moreover, as the nation's largest civilian employer, the 
federal government has historically been a leader in offering 
benefits to its employees and fostering an equitable workplace. 
However, when it comes to offering domestic partner benefits, 
the federal government is clearly lagging behind other public 
and private sector employers. For example, the number of 
Fortune 500 companies that extend benefits to employees with 
same-sex partners has grown significantly from forty-six 
companies (9%) in 1997 to two hundred and eighty-six companies 
(57%) in 2009.\3\ Furthermore, almost 10,000 employers 
nationally offer benefits to domestic partners. Over five 
hundred of these employers are in the public sector. These 
employers include 23 State governments and the District of 
Columbia, over 150 local governments, and hundreds of 
educational institutions and non-profit entities.
---------------------------------------------------------------------------
    \3\Human Rights Campaign Foundation, The State of the Workplace for 
Gay, Lesbian, Bi-sexual, and Transgender Americans, 2009.
---------------------------------------------------------------------------
    As these statistics indicate, providing domestic partner 
benefits not only fosters a more equitable work environment, 
but makes good business sense. As the federal government 
prepares for a wave of upcoming retirements and competes for 
talent in the private sector, its recruitment and retention 
efforts similarly will be enhanced by taking this step toward a 
more progressive, equitable work environment.
    H.R. 2517 will provide federal employees with same-sex 
domestic partners access to the major federal employee benefit 
programs, including health insurance, retirement and 
disability, dental and vision, group life insurance, long-term 
care insurance, compensation for work injuries, family and 
medical leave, travel and transportation, benefits for 
disability, death, and captivity, and other family benefits. In 
addition, employees and their domestic partners would assume 
the same obligations as those that apply to married employees 
and their spouses, such as financial disclosure requirements, 
conflict of interest, and anti-nepotism rules.\4\
---------------------------------------------------------------------------
    \4\As Rep. Baldwin noted in testimony before the Federal Workforce 
Subcommittee, she is not required to disclose the financial interests 
of her partner, as is required of married Members of Congress and other 
government officials. ``Surely, the public interest requires that 
[financial disclosure and conflict of interest] obligations apply also 
to partners of gay and lesbian office holders.''
---------------------------------------------------------------------------

                          Legislative History

    The Subcommittee on Federal Workforce, Postal Service, and 
the District of Columbia held a hearing on the legislation on 
July 8, 2009.\5\ At the hearing, the Office of Personnel 
Management testified that a number of technical changes and 
corrections were needed in order to guarantee the general 
applicability of the bill's provisions across all categories of 
personnel benefits, and to provide for practical administration 
of the benefits. Moreover, the hearing revealed that the bill, 
as introduced, would not extend domestic partnership benefits 
to current annuitants, and that there was ambiguity as to 
whether the bill would permit current employees to carry the 
same benefits into retirement.
---------------------------------------------------------------------------
    \5\The Subcommittee heard testimony from the Honorable Tammy 
Baldwin; Office of Personnel Management Director John Berry; M. V. Lee 
Badgett, Research Director of the Williams Institute on Sexual 
Orientation Law and Public Policy at the UCLA School of Law; Gregory A. 
Franklin, Assistant Executive Officer, Health Benefit Services, 
California Public Employees' Retirement System; Ambassador Michael 
Guest, former career Foreign Service officer; Rev. Lorilyn (Candy) 
Holmes; Frank S. Page, Ph.D., and; Carolyn E. Wright, Vice President, 
Corporate Human Resources, American Airlines.
---------------------------------------------------------------------------
    On July 24, 2009, the Federal Workforce Subcommittee 
ordered that H.R. 2517 be reported to the full Committee by a 
5-3 vote. At the business meeting, the Subcommittee adopted an 
amendment, offered by Chairman Lynch, providing for these 
technical changes to the bill and clarifying the applicability 
of its provisions with regard to future and current retirees. 
The Subcommittee did not adopt an amendment that would have 
made the bill's provisions applicable to employees with 
opposite sex domestic partners.\6\
---------------------------------------------------------------------------
    \6\The Committee believes that providing domestic partner benefits 
to same sex couples takes an important first step toward a more 
inclusive federal workplace, is manageable from a cost perspective, and 
addresses the inequality currently facing employees in committed, same 
sex relationships. In addition, federal employees living with opposite 
sex domestic partners have the option of marriage, which would entitle 
the employee and his or her spouse to the receipt of these benefits. 
Same sex partners may only get married in a handful of states. Even in 
these cases, the federal government does not recognize the marriage 
because of the Defense of Marriage Act (DOMA). H.R. 2517 does not 
affect DOMA. Therefore, under current OPM guidelines, same sex 
partners, even where married, are ineligible to receive these benefits 
as spousal benefits.
---------------------------------------------------------------------------
    The Senate Committee on Homeland Security and Governmental 
Affairs held a hearing on companion legislation, S. 1102, on 
October 15, 2009.
    The Oversight and Government Reform Committee held a markup 
of the bill on November 18, 2009. The Committee ordered the 
bill, as amended, to be reported favorably by a 23-12 vote.

                           Section-by-Section


Sec.1. Short title; references; table of contents

    The short title of the bill is the Domestic Partnership 
Benefits and Obligations Act of 2009.
    This section states that any changes to existing law shall 
be considered to be made to a section or other provision of 
title 5, United States Code, unless otherwise specified.
    The section includes a table of contents.

                     Title I--Domestic Partnerships


Sec.101. Domestic partnerships

    This section would amend chapter 21 of title 5, United 
States Code, by adding a new section 2110, which sets forth the 
process for establishing a ``domestic partnership'' under the 
Act.
    In order to establish a domestic partnership, for the 
purposes of receiving federal employment benefits, subsection 
2110(a) requires an employee, former employee, or annuitant to 
file an affidavit in such form and manner as the Office of 
Personnel Management prescribes through regulation. The 
employee, former employee, or annuitant will be required to 
attest that his or her domestic partnership meets the criteria 
for establishing a domestic partnership as specified in 
paragraphs (1) through (9) of this section.
    An affidavit will not be effective for purposes of this 
section unless the filing individual is an employee, former 
employee, or annuitant as of the time of filing.
    An affidavit will remain in effect until the earlier of the 
date of the death of either individual or the date as of which 
the domestic partnership is otherwise terminated, as determined 
under regulations issued by the Office of Personnel Management.
    The new section 2110(b) provides a definition of ``domestic 
partner'' for the purposes of this section and the provisions 
of law to which it applies.
    The new section 2110(c) defines the term ``employee'' for 
the purposes of this section and the provisions of law to which 
it applies. It further provides authority to the President or 
designee to determine through regulation that any other 
individual who is employed by the Government is an ``employee'' 
for the purposes of this section. A technician (within the 
meaning of section 8337(h) of title 5) and, notwithstanding any 
provision of chapter 43 of title 38, a member of the armed 
forces are not considered employees for the purposes of this 
section.
    The new section 2110(d) provides a definition of the term 
``annuitant'' for the purposes of this section and the 
provisions of law to which it applies.
    The new section 2110(e), concerning ``confidentiality,'' 
prohibits any individual from using the information obtained 
under subsection (a) for any purpose other than the 
administration of any provision of law to which this section 
applies. An individual is further prohibited from furnishing 
the information to anyone, or allowing anyone to gain access to 
the information, except for an individual who needs the 
information to administer a provision of law to which this 
section applies or to a member of the domestic partnership.
    The new section 2110(f) states that this section applies 
for purposes of the provisions of this title (excluding chapter 
81) and any provision of law identified in or under title VIII 
of this Act.

               Title II--Civil Service Retirement System


Sec. 201. Definitions

    This section amends section 8331 of title 5 by providing a 
definition of ``former domestic partner.''

Sec. 202. Creditable service

    This section amends section 8332 of title 5 by requiring 
the Office of Personnel Management to provide that domestic 
partners and former domestic partners (as applicable) be 
considered for the purposes of creditable service 
determinations and payments (based on such determinations) in a 
manner consistent with existing provisions of section 8332.

Sec. 203. Computation of annuity

    This section amends section 8339 of title 5 by providing 
that a domestic partner, former domestic partner, or surviving 
partner (as applicable) be considered for the purposes of 
election, waiver, computation, and termination of, or 
entitlement to, a survivor annuity in a manner consistent with 
existing provisions of section 8339.

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

    This section amends section 8340 of title 5 to provide that 
a surviving partner or former domestic partner (as applicable) 
be eligible for an annuity increase in a manner consistent with 
the existing provisions of section 8340.

Sec. 205. Survivor annuities

    This section amends section 8341 of title 5 by providing a 
definition of ``surviving partner'' and ``former domestic 
partner.'' The section further requires the Office of Personnel 
Management to prescribe regulations for the treatment of 
children of a domestic partner in a manner consistent with the 
rules for stepchildren under such section. The section further 
amends section 8341 by providing that a domestic partner, 
former domestic partner, surviving partner, or surviving 
domestic partner (as applicable) be considered for the purposes 
of entitlement to and computation, commencement, termination 
and/or restoration of a survivor annuity in a manner consistent 
with the existing provisions of section 8341.

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

    This section amends section 8342 of title 5 by adding 
surviving partner as the primary beneficiary for any payable 
lump-sum benefits in the event the employee or Member has not 
designated a different beneficiary or beneficiaries. The 
section is further amended by providing that a domestic partner 
or former domestic partner (as applicable) be notified or 
consent to any payment made under such section in a manner 
consistent with the existing provisions of section 8342.

Sec. 207. Alternative forms of annuities

    This section amends section 8343a of title 5 by providing 
that an individual in a domestic partnership be provided with 
an alternative form of annuity in a manner and under such 
circumstances as would be consistent with existing provisions 
of section 8343a.

Sec. 208. Administration; regulations

    This section amends section 8347 of title 5 by requiring 
the Director of Central Intelligence to collect deposits made 
by domestic partners and former domestic partners in a manner 
consistent with the existing provisions of section 8347.

Sec. 209. Participation in the Thrift Savings Plan

    This section amends section 8351 of title 5 by providing 
for notification of a domestic partner or former domestic 
partner (as applicable) in a manner consistent with the 
existing provisions of section 8351.

            Title III--Federal Employees' Retirement System


Sec. 301. Definitions

    This section amends section 8401 of title 5 by providing a 
definition of ``former domestic partner.''

Sec. 302. Creditable service

    This section amends section 8411 of title 5 by requiring 
the Office of Personnel Management to provide that domestic 
partners and former domestic partners (as applicable) be 
considered for the purposes of creditable service 
determinations and payments (based on such determinations) in a 
manner consistent with existing provisions of section 8411.

Sec. 303. Survivor reduction for a current spouse or a current domestic 
        partner

    This section amends section 8416 of title 5 by providing 
that a domestic partner, former domestic partner, or surviving 
domestic partner (as applicable) be considered for the purposes 
of entitlement to or waiver of a survivor annuity, or a 
reduction in a current annuity in a manner consistent with 
existing provisions of section 8416. This section also amends 
the catchline of section 8416 and makes clerical amendments to 
reflect such changes.

Sec. 304. Survivor reduction for a former spouse or former domestic 
        partner

    This section amends section 8417 of title 5 by providing 
that a former domestic partner be considered for the purposes 
of entitlement to a survivor annuity and a corresponding 
election and reduction to an employee or Member's annuity in a 
manner consistent with existing provisions of section 8417.

Sec. 305. Survivor elections; deposit; offsets

    This section amends section 8418 of title 5 by providing 
that a former domestic partner be considered for the purposes 
of any reduction in an annuity in a manner consistent with 
existing provisions of section 8418.

Sec. 306. Survivor reductions; computation

    This section amends section 8419 of title 5 by providing 
that a domestic partner or former domestic partner (as 
applicable) be considered for the purposes of a reduction in an 
annuity or a termination of any such reduction in a manner 
consistent with existing provisions of section 8419.

Sec. 307. Insurable interest reductions

    This section amends section 8420 of title 5 by providing 
that a domestic partner be considered for the purposes of the 
availability of an insurable interest reduction to an annuity 
in a manner consistent with existing provisions of section 
8420.

Sec. 308. Alternative forms of annuities

    This section amends section 8420a of title 5 by providing 
that a domestic partner, surviving domestic partner, or former 
domestic partner (as applicable) be considered for the purposes 
of the availability of an alternative form of annuity in a 
manner and under such circumstances as would be consistent with 
existing provisions of section 8420a.

Sec. 309. Lump-Sum benefits; designation of beneficiary; order of 
        precedence

    This section amends section 8424 of title 5 by providing 
that a domestic partner or former domestic partner (as 
applicable) be considered for the purposes of notification 
regarding a payable lump-sum benefit in a manner consistent 
with existing provisions of section 8424. This section further 
amends section 8424 by providing that any lump sum benefit be 
payable to a surviving partner in the event there is no 
beneficiary designated by the employee or Member.

Sec. 310. Annuities: methods of payment; election; purchase

    This section amends section 8434 of title 5 by providing 
that a domestic partner or former domestic partner (as 
applicable) be considered for the purposes of payment of an 
annuity in a manner consistent with existing provisions of 
section 8434.

Sec. 311. Protections for spouses, domestic partners, former spouses, 
        and former domestic partners

    This section amends section 8435 of title 5 by providing 
that domestic partners, former domestic partners, and surviving 
domestic partners (as applicable) be considered for the 
purposes of notification and other protections regarding 
withdrawals and elections by an employee or Member, and for the 
purposes of entitlement to and calculation of a survivor 
annuity under this section in a manner consistent with existing 
provisions of section 8435. This section also amends the 
catchline of section 8435 and makes clerical amendments to 
reflect such changes.

Sec. 312. Justices and judges

    This section amends section 8440a of title 5 by providing 
that domestic partners of justices or judges be considered for 
the purposes of rights relating to contributions to the Thrift 
Savings Fund in a manner consistent with existing provisions of 
section 8440a.

Sec. 313. Survivor annuities; definitions

    This section amends section 8441 of title 5 by providing a 
definition of ``surviving partner.'' The section further 
requires the Office of Personnel Management to prescribe 
regulations for the treatment of children of a domestic partner 
in a manner consistent with the rules for stepchildren under 
such section.

Sec. 314. Rights of a widow, widower, or surviving partner

    This section amends section 8442 of title 5 by providing 
that domestic partners or surviving partners (as applicable) be 
considered for the purposes of entitlement to and computation, 
commencement, termination, and payment of a survivor annuity or 
lump sum credit in a manner consistent with existing provisions 
of section 8442. This section also amends the catchline of 
section 8442 and makes clerical amendments to reflect such 
changes.

Sec. 315. Rights of a former spouse or former domestic partner

    This section amends section 8445 of title 5 by providing 
that former domestic partners be considered for the purposes of 
entitlement to and calculation, commencement, and termination 
of an annuity in a manner consistent with existing provisions 
of section 8445. This section also amends the catchline of 
section 8445 and makes clerical amendments to reflect such 
changes.

Sec. 316. Authority of the Office of Personnel Management

    This section amends section 8461 of title 5 by requiring 
the Director of Central Intelligence to collect deposits made 
by domestic partners and former domestic partners in a manner 
consistent with the existing provisions of section 8461.

Sec. 317. Cost-of-living adjustments

    This section amends section 8462 of title 5 by providing 
that surviving partners be considered for the purposes of 
annuity increases in a manner consistent with existing 
provisions of section 8462.

Sec. 318. Fiduciary responsibilities; liability and penalties

    This section amends section 8477 of title 5 by providing 
that a party of interest includes a domestic partner or 
domestic partner of a lineal descendant for the purposes of 
section 8477.

                     Title IV--Insurance Benefits 


Sec. 401. Life insurance

    This section amends Chapter 87 of title 5 by providing that 
a family member of an eligible individual includes a domestic 
partner for the purposes of such Chapter. The section also 
requires that children of a domestic partner be treated as 
stepchildren for the purposes of such Chapter. The section 
further requires that a claim be paid to a surviving domestic 
partner in the event an employee has not designated a different 
beneficiary. This section amends section 8714c by providing 
that a domestic partner be considered for the purposes of 
optional life insurance plans in a manner consistent with 
existing provisions of section 8714c. The effective date for 
the amendments made by this section is the calendar year 
beginning after the end of the 6-month period beginning on the 
date of enactment of this Act.

Sec. 402. Health insurance

    This section amends Chapter 89 of title 5 by amending the 
definition of family member to include the domestic partner of 
an eligible enrollee for the purposes of such Chapter. This 
change will allow a domestic partner of an employee, former 
employee, or annuitant to be enrolled in a Federal Employee 
Health Benefits plan under family coverage in a manner 
consistent with existing provisions of such Chapter.
    The section also provides a definition of former domestic 
partner for the purposes of Chapter 89. The section also 
requires that children of a domestic partner be treated as 
stepchildren for the purposes of this Chapter.
    This section amends section 8902 of title 5 by adding 
former domestic partner to a list of individuals who must be 
covered by a plan in order for that plan to contract with the 
Office of Personnel Management. The amended definition of 
``family member,'' which includes a domestic partner, would 
also apply to this requirement. In addition, a family member or 
former domestic partner will be entitled to direct access to 
care and to have payment or reimbursement in a manner 
consistent with existing provisions of such section.
    This section also amends section 8902a of title 5 by 
providing that a family member or former domestic partner be 
considered for the purposes of debarment or other sanctions 
imposed on a carrier in a manner consistent with existing 
provisions and requirements in section 8902a.
    This section amends section 8903 of title 5 by authorizing 
the Office of Personnel Management to contract for a Service 
Benefit Plan that includes members of an employee's family and 
former domestic partners in a manner consistent with existing 
provisions of section 8903.
    This section amends section 8905 of title 5 by requiring 
the Office of Personnel Management to prescribe regulations to 
ensure parity of treatment in the election of health coverage 
as to former spouses and former domestic partners. Such 
regulations will also be required to ensure parity of treatment 
in the election of health coverage as to children of a marriage 
that has been dissolved and children of a domestic partnership 
that has terminated. This section also allows a domestic 
partner who is otherwise eligible to enroll in a health 
benefits plan to enroll either as an individual or as a family 
member, but the individual may not enroll both as an employee, 
annuitant, or other eligible individual and as a member of the 
family. This section further allows a former domestic partner 
to elect to change coverage in a manner consistent with 
existing provisions of section 8905.
    This section also amends section 8905a of title 5 by 
requiring the Office of Personnel Management to prescribe 
regulations to ensure parity of treatment in the continuation 
of health coverage as to former spouses and former domestic 
partners. Such regulations will also be required to ensure 
parity of treatment in the continuation of health coverage as 
to children of a marriage that has been dissolved and children 
of a domestic partnership that has terminated.
    This section also amends section 8908 of title 5 by 
providing that a surviving domestic partner be eligible to re-
enroll in a health benefits plan under such conditions as would 
be consistent with existing provisions of section 8908.
    The section amends section 8913 of title 5 by providing 
that domestic partners and former domestic partners be 
considered for the purposes of regulations issued by the Office 
of Personnel Management regarding the beginning and ending 
dates of coverage under a health benefit plan in a manner 
consistent with existing provisions of section 8913.
    The amendments made by this section will apply with respect 
to contract years beginning after the end of the 6-month period 
beginning on the date of enactment of this Act.

Sec. 403. Enhanced dental benefits

    This section amends Chapter 89A of title 5 by providing 
that a domestic partner, who is eligible to enroll in a dental 
benefits plan both as an individual and as a member of family, 
may enroll as an employee, annuitant, or other eligible 
individual or as a member of the family, but not as both.
    This section amends section 8957 of title 5 by providing 
that a surviving domestic partner be eligible to continue 
enrollment in a dental benefits plan in a manner consistent 
with existing provisions of section 8957.
    The amendments made by this section will apply with respect 
to contract years beginning after the end of the 6-month period 
beginning on the date of the enactment of this Act.

Sec. 404. Enhanced vision benefits

    This section amends Chapter 89B of title 5 by providing 
that a domestic partner, who is eligible to enroll in a vision 
benefits plan both as an individual and as a member of family, 
may enroll as an employee, annuitant, or other eligible 
individual or as a member of the family, but not as both.
    This section amends section 8987 of title 5 by providing 
that a surviving domestic partner be eligible to continue 
enrollment in a vision benefits plan in a manner consistent 
with existing provisions of section 8987.
    The amendments made by this section will apply with respect 
to contract years beginning after the end of the 6-month period 
beginning on the date of the enactment of this Act.

Sec. 405. Long-term care insurance

    This section amends section 9001 of title 5 by providing 
that a domestic partner be a qualified relative for the 
purposes of eligibility to obtain long-term care insurance 
coverage under Chapter 90 of title 5.
    This section also amends section 9002 of title 5 by 
providing that a domestic partner of an individual, for the 
purposes of underwriting, be treated as nearly as practicable 
as an individual is treated.
    The amendments made by this section will apply with respect 
to calendar years beginning after the end of the 6-month period 
beginning on the date of enactment of this Act.

           Title V--Travel, Transportation, and Subsistence 


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

    This section amends section 5706c by providing the head of 
an agency or department with the authority to reimburse an 
employee for taxes incurred by an employee and the employee's 
domestic partner (where joint filing by the employee and 
domestic partner is allowable) on account of any travel or 
transportation reimbursement received.

Sec. 502. Relocation expenses of employees transferred or reemployed

    This section amends section 5724a by providing an agency 
with the authority to pay the transportation expenses of an 
employee and the employee's domestic partner when the employee 
is transferred in the interest of the Government.

Sec. 503. Taxes on reimbursements for travel, transportation, and 
        relocation expenses of employees transferred

    This section amends section 5724b by providing an agency 
with the authority to reimburse an employee for taxes incurred 
by an employee and the employee's domestic partner (where joint 
filing by the employee and domestic partner is allowable) on 
account of any moving or storage expenses for which 
reimbursement is provided.

Sec. 504. Relocation expenses of an employee who is performing an 
        extended assignment

    This section amends section 5737 of title 5 by providing an 
agency with the authority to pay the travel and transportation 
expenses of an employee and the employee's domestic partner to 
seek a new residence at the employee's assignment location if 
the employee is assigned from the employee's official station 
to a duty station for a period of not less than 6 months and 
not greater than 30 months.

               Title VI--Compensation for Work Injuries 


Sec. 601. Definitions

    This section amends section 8101 of title 5 by amending the 
definition of children to include children (and adopted 
children) of a domestic partner. This section further provides 
a definition of ``domestic partner'' and ``surviving partner'' 
for the purposes of Subchapter I of Chapter 81.

Sec. 602. Death gratuity for injuries incurred in connection with 
        employee's service with an armed force

    This section amends section 8102a by providing that a death 
gratuity be paid to the surviving partner of an employee who 
dies in connection with the employee's service with an Armed 
Force in a contingency operation, in a manner consistent with 
existing provisions of section 8102a. Subject to the order of 
precedence in this section, the children of a domestic partner 
may also be considered for the purposes of the death gratuity 
authorized by this section.

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

    This section amends section 8109 of title 5 and the order 
of precedence in such section to account for the surviving 
partner of an individual for the purposes of any compensation 
that is unpaid at the time of death of the individual.

Sec. 604. Augmented compensation for dependents

    This section amends section 8110 of title 5 by adding a 
``domestic partner'' to the definition of ``dependent'' for the 
purposes of augmented compensation under section 8110.

Sec. 605. Limitations on right to receive compensation

    This section amends section 8116 of title 5 by providing 
that a domestic partner of an employee is limited to the 
exclusive remedies provided by Subchapter I in the case of the 
death or injury of an employee in accordance with existing 
provisions of section 8116.

Sec. 606. Compensation in the case of death

    This section amends section 8133 of title 5 and the order 
of precedence in such section to account for the surviving 
partner of an individual for the purposes of any compensation 
payable upon the death of an employee if the death results from 
an injury sustained in the performance of duty and in 
accordance with the existing provisions of section 8133.

Sec. 607. Lump-sum payment

    This section amends section 8135 of title 5 by providing 
that a surviving partner be considered for the purposes of a 
lump sum payment in a manner consistent with the existing 
provisions of section 8135.

Sec. 608. Regulations

    This section provides the Secretary of Labor with authority 
to issue regulations to carry out this title and the amendments 
made by this title. The Secretary of Labor is required to 
consult with the Director of the Office of Personnel Management 
and the heads of any other agencies whose programs are affected 
by this Act in order to standardize, to the extent possible, 
the process for establishing a domestic partnership under each 
such program.

Sec. 609. Effective date

    This title and the amendments made by this title shall take 
effect on the date of enactment of this act.
    This title and the amendments to Chapter 81 made by this 
title are intended to apply with respect to any injury or death 
occurring before, on, or after the date of enactment of this 
Act, subject to the following conditions. Compensation shall be 
payable, retroactive to the date of enactment, but only with 
respect to any period commencing on or after the date of 
enactment. Any claim shall be considered timely if it has not 
expired (pursuant to the provisions of section 8122 and 8193) 
as of the date of enactment, and the period for filing any such 
claim that remains unexpired on the date of enactment shall be 
extended as if the time limitations in section 8122 or 8193 
started on the day of enactment. No recovery shall be made of 
compensation paid to any individual whose entitlement to 
compensation is terminated or reduced as a result of the 
enactment of this title.

  Title VII--Provisions Relating to Employment of Relatives and Other 
                                Matters


Sec. 701. Employment of relatives; restrictions

    This section amends section 3110 of title 5 by adding a 
domestic partner to the list of relatives that fall under the 
restrictions on appointment and related prohibitions in section 
3110.

Sec. 702. Settlement of accounts

    This section amends section 5581 and 5582 of title 5 by 
providing that a surviving partner be considered for the 
purposes of the order of precedence established in section 5582 
with respect to settlement of accounts of deceased employees.

Sec. 703. Benefits for captives

    This section amends section 5569 of title 5 by providing 
that regulations issued under such section ensure parity of 
treatment between a domestic partner and a spouse for the 
purposes of benefits provided under such section.

Sec. 704. Compensation for disability or death

    This section amends section 5570 of title 5 by providing 
that regulations issued under such section ensure parity of 
treatment between a domestic partner and a spouse for the 
purposes of benefits provided under such section.

Sec. 705. Family and medical leave

    This section amends section 6381 of title 5 by providing 
that a biological, adopted, or foster child of a domestic 
partner be considered for the purposes of family and medical 
leave provided under Chapter 63, Subchapter V of title 5. 
Section 6382 of title 5 is amended to allow an employee a total 
of 12 administrative workweeks of leave to care for a domestic 
partner in a manner consistent with the existing provisions of 
this section, and subject to the requirements of section 6383.

                   Title VIII--Additional Provisions


Sec. 801. Applicability

    This section sets forth additional provisions of law to 
which this Act applies. The Committee intends for the 
additional provisions in paragraphs (1) through (4) of this 
section to be administered in a manner consistent with the 
other Titles and the purposes of this Act. To this end, 
benefits under these provisions of law should be made available 
to employees, annuitants, and the domestic partners of 
employees and annuitants (as applicable) in a manner consistent 
with any existing eligibility rules or requirements governing 
the receipt of such benefits. In addition, the President (or 
designee) is to determine any other benefits that relate to 
employees or annuitants and which are necessary to carry out 
the purposes of this Act. This Act shall apply to any 
provisions of law identified by the President (or designee) 
under this section. Such provisions shall be made available to 
employees and annuitants and to the domestic partners of 
employees and annuitants (as applicable) in a manner consistent 
with any existing eligibility rules or requirements governing 
the receipt of such benefits.

Sec. 802. Regulations

    The President (or designee) shall prescribe any regulations 
necessary to ensure that the provisions of law identified in or 
under section 801 are administered in a manner consistent with 
the purposes of this Act.

      Title IX--Amendment to the Ethics in Government Act of 1978


Sec. 901. Amendment to the Ethics in Government Act of 1978

    This section amends the Ethics in Government Act of 1978 (5 
U.S.C. App.) by adding a new section relating to domestic 
partners. The section provides that an employee, former 
employee, or annuitant, and the domestic partner of such 
employee, former employee, or annuitant shall be subject to the 
provisions of certain laws and regulations (relating to 
financial disclosure, conflicts of interest, receipt of gifts, 
and other ethical obligations and criminal penalties) to the 
same extent and in the same manner as in the case of a married 
employee, former employee, or annuitant and the spouse of such 
employee, former employee, or annuitant (as the case may be).

                    Title X--Reporting Requirements


Sec. 1001. Report of the President

    This section provides that not later than 6 months after 
the date of the enactment of this Act, the President shall 
transmit a report on the implementation of this Act and a 
description of any further measures or legislative 
recommendations that should be taken in order to carry out the 
purposes of this Act.

Sec. 1002. GAO report

    This section requires the Government Accountability Office 
to provide a report 2 years after enactment describing the 
Act's impact, if any, on premiums under chapter 89 of title 5, 
United States Code (relating to the Federal employees health 
benefits program). This section would additionally require the 
GAO to study the impact of extending benefits to domestic 
partners on the employee retention and recruitment efforts by 
the Federal Government.

                       Explanation of Amendments

    The following amendments were offered in Committee:
    Chairman Towns offered an amendment in the nature of a 
substitute, which was considered and adopted by the Committee 
by a voice vote. The amendment was modeled on the changes 
adopted by the Federal Workforce Subcommittee. It further 
clarifies the process for establishing a domestic partnership 
under the Act. The amendments to title 5 in the substitute 
reflect technical suggestions provided by several government 
agencies, including the Office of Personnel Management, the 
Departments of Labor and Defense, the General Services 
Administration, and the Office of Government Ethics. The 
changes, described in detail in the section-by-section summary 
in the preceding section of this report, are intended to ensure 
uniform and practical administration of the benefits provided 
under the Act. The amendment additionally requires the 
Administration to report to Congress on the implementation of 
the Act, and provide recommendations for additional measures 
that may be necessary in order to carry out the purposes of the 
Act.
    An amendment to the Towns amendment in the nature of a 
substitute, offered by Mr. Chaffetz, was defeated by a yea-nay 
vote of 11-21. The amendment would have postponed any 
implementation of the Act, subject to a determination by the 
Office of Personnel Management, in consultation with the 
Secretary of Health and Human Services and the Comptroller 
General, that the Act would not cause any increase in the 
premiums or any other periodic charges payable by enrollees 
under the Federal employees' health benefits program.
    An amendment to the Towns amendment in the nature of a 
substitute, offered by Mr. Chaffetz, was adopted, amended, by 
voice vote. The amendment requires the Government 
Accountability Office to provide a report two years after 
enactment describing the Act's impact on premiums under chapter 
89 of title 5, United States Code (relating to the Federal 
employees health benefits program). An amendment to the 
Chaffetz amendment, offered by Mr. Quigley, was adopted by a 
voice vote. The amendment would additionally require the GAO to 
study the impact of extending benefits to domestic partners on 
the employee retention and recruitment efforts by the Federal 
government.
    An amendment to the Towns amendment in the nature of a 
substitute, offered by Mr. Jordan, was defeated by a yea-nay 
vote of 12-22. The amendment would have stated that nothing in 
the Act or in any amendment made by this Act shall be 
considered to modify, supersede, or otherwise affect the 
Defense of Marriage Act or any amendment made by the Defense of 
Marriage Act, including providing benefits to any person other 
than a person defined pursuant to section of the Defense of 
Marriage Act.
    An amendment to the Towns amendment in the nature of a 
substitute, offered by Mr. Issa, was defeated by a yea-nay vote 
of 15-20. The amendment was identical to the Jordan amendment, 
but would have omitted the clause beginning ``including 
providing benefits'' from the Jordan amendment.
    An amendment to the Towns amendment in the nature of a 
substitute, offered by Mr. Bilbray, was defeated by a yea-nay 
vote of 15-20. The amendment would have required domestic 
partners to be processed by E-Verify prior to the receipt of 
employment benefits.
    An amendment to the Towns amendment in the nature of a 
substitute, offered by Mr. Issa, was defeated by a voice vote. 
The amendment would have removed the requirement that a 
domestic partner be of the same sex as the employee, former 
employee, or annuitant, and made other changes to the criteria 
for establishing a domestic partnership. The amendment further 
would have required an employee to pay the full cost of 
enrolling a domestic partner in a Federal Employees' Health 
Benefits Plan.
    An amendment to the Towns amendment in the nature of a 
substitute, offered by Mr. Chaffetz, was withdrawn by Mr. 
Chaffetz. The amendment would have limited any explanation 
provided by an employee for not having a common residence with 
his or her domestic partner to financial or employment-related 
considerations.

                        Committee Consideration

    On Wednesday, November 18, 2009, the Committee met in open 
session and favorably ordered H.R. 2517, as amended, to be 
reported to the House by a 23-12 vote.

                            Roll Call Votes



              Application of Law to the Legislative Branch

    Section 102(b)(3) of Public Law 104-1 requires a 
description of the application of this bill to the legislative 
branch where the bill relates to terms and conditions of 
employment or access to public services and accommodations.
    The definition of ``employee'' in H.R. 2517 would apply to 
congressional and legislative branch employees, allowing 
individual employees in Congress and the legislative branch to 
establish a domestic partnership and to provide benefits to 
which they are otherwise eligible to same sex domestic 
partners.

  Statement of Oversight Findings and Recommendations of the Committee

    In compliance with clause 3(c)(1) of rule XIII and clause 
(2)(b)(1) of rule X of the Rules of the House of 
Representatives, the Committee's oversight findings and 
recommendations are reflected in the descriptive portions of 
this report, including the need for the Federal government to 
maintain its role as a model employer and to comply with merit 
system principles requiring equal pay for equal work.

         Statement of General Performance Goals and Objectives

    In accordance with clause 3(c)(4) of rule XIII of the Rules 
of the House of Representatives, the Committee's performance 
goals and objectives are reflected in the descriptive portions 
of this report, including strengthening the Federal civil 
service by fostering a more inclusive environment that complies 
with merit system principles requiring equal pay for equal 
work.

                   Constitutional Authority Statement

    Under clause 3(d)(1) of rule XIII of the Rules of the House 
of Representatives, the Committee must include a statement 
citing the specific powers granted to Congress to enact the law 
proposed by H.R. 2517. Article I, Section 8, Clause 18 of the 
Constitution of the United States grants the Congress the power 
to enact this law.

                     Federal Advisory Committee Act

    The Committee finds that the legislation does not establish 
or authorize the establishment of an advisory committee within 
the definition of 5 U.S.C. App., Section 5(b).

                      Unfunded Mandates Statement

    Section 423 of the Congressional Budget and Impoundment 
Control Act (as amended by Section 101(a)(2) of the Unfunded 
Mandates Reform Act, P.L. 104-4) requires a statement on 
whether the provisions of the report include unfunded mandates. 
In compliance with this requirement the Committee has received 
a letter from the Congressional Budget Office included herein.

                         Earmark Identification

    H.R. 2517 does not include any congressional earmarks, 
limited tax benefits, or limited tariff benefits as defined in 
clause 9(e), 9(f), or 9(g) of rule XXI.

                           Committee Estimate

    Clause 3(d)(2) of rule XIII of the Rules of the House of 
Representatives requires an estimate and a comparison by the 
Committee of the costs that would be incurred in carrying out 
H.R. 2517. However, clause 3(d)(3)(B) of that rule provides 
that this requirement does not apply when the Committee has 
included in its report a timely submitted cost estimate of the 
bill prepared by the Director of the Congressional Budget 
Office under section 402 of the Congressional Budget Act.

     Budget Authority and Congressional Budget Office Cost Estimate

    With respect to the requirements of clause 3(c)(2) of rule 
XIII of the Rules of the House of Representatives and section 
308(a) of the Congressional Budget Act of 1974 and with respect 
to requirements of clause 3(c)(3) of rule XIII of the Rules of 
the House of Representatives and section 402 of the 
Congressional Budget Act of 1974, the Committee has received 
the following cost estimate for H.R. 2517 from the Director of 
the Congressional Budget Office:

                                     U.S. Congress,
                               Congressional Budget Office,
                                 Washington, DC, December 17, 2009.
Hon. Edolphus Towns,
Chairman, Committee on Oversight and Government Reform, House of 
        Representatives, Washington, DC.
    Dear Mr. Chairman: The Congressional Budget Office has 
prepared the enclosed cost estimate for H.R. 2517, the Domestic 
Partnership Benefits and Obligations Act of 2009.
    If you wish further details on this estimate, we will be 
pleased to provide them. The CBO staff contact is Amber 
Marcellino.
            Sincerely,
                                      Douglas W. Elmendorf,
                                                          Director.
    Enclosure.

H.R. 2517--Domestic Partnership Benefits and Obligations Act of 2009

    Summary: H.R. 2517 would make same-sex domestic partners of 
certain federal employees (both current and retired) 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 H.R. 2517 would increase direct 
spending by $596 million through 2019, and 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 $302 million, assuming appropriation of 
the necessary funds. Providing additional health insurance 
benefits through the Federal Employee Health Benefits (FEHB) 
program causes the largest increase in both mandatory and 
discretionary spending--$590 million and $266 million, 
respectively.
    Some of the costs of H.R. 2517 would derive from providing 
health benefits to the domestic partners of active workers and 
retirees 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 $242 million 
between 2010 and 2019.
    H.R. 2517 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 H.R. 2517 is shown in the following table. 
The direct spending and discretionary impacts of the bill 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   2010-2014  2010-2019
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                          CHANGES IN DIRECT SPENDING (OUTLAYS)

Federal Employees Health Benefits (FEHB) Program:
    On-Budget (non-postal)........................       0      18      27      31      34      38      42      47      52      58       110        348
    Off-Budget (postal)...........................       0      14      20      22      24      27      29      32      35      38        80        242
Federal Employment Compensation Act (FECA)               1       3       3       3       4       4       4       4       4       4        15         35
 Benefits
Survivor Annuities................................      -3     -11      -9      -7      -5      -3      -1       1       3       6       -35        -27
                                                   -----------------------------------------------------------------------------------------------------
Total Changes in Direct Spending..................      -3      24      41      49      58      66      75      85      95     106       169        596
    On-Budget.....................................      -3      10      21      27      34      40      46      53      60      67        89        354
    Off-Budget....................................       0      14      20      22      24      27      29      32      35      38        80        242

                                                      CHANGES IN SPENDING SUBJECT TO APPROPRIATION

FEHB Program Costs for Active Employees:
    Estimated Authorization Level.................       0      17      24      26      28      30      32      34      36      39        95        266
    Estimated Outlays.............................       0      17      24      26      28      30      32      34      36      39        95        266
FECA Agency Costs:
    Estimated Authorization Level.................       *       2       3       3       4       4       4       4       4       4        12         32
    Estimated Outlays.............................       *       1       2       3       3       4       4       4       4       4        10         30
Travel and Relocation Benefits:
    Estimated Authorization Level.................       *       1       1       1       1       1       1       1       1       1         6          6
    Estimated Outlays.............................       *       1       1       1       1       1       1       1       1       1         6          6
Total Changes in Spending Subject to
 Appropriation:
    Estimated Authorization Level.................       *      20      28      30      32      34      36      39      41      44       110        304
    Estimated Outlays.............................       *      26      29      32      34      37      39      41      44      47       108        302
--------------------------------------------------------------------------------------------------------------------------------------------------------
Sources: Congressional Budget Office.
Notes: Components may not sum to totals because of rounding. *= costs of less than $500,000.

    Basis of estimate: For this estimate, CBO assumes that that 
H.R. 2517 will be enacted in the second half of 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 recent 
research on 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. H.R. 2517 applies to eligible 
current federal employees, as well as current and future 
retirees, other than members of the armed services.

                            DIRECT SPENDING

    Federal Employees Health Benefits Program. H.R. 2517 would 
extend eligibility for health benefits to the same-sex domestic 
partners of current and 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 2011-2019 period, CBO projects that 
approximately 5,200 additional family coverage policies would 
be added to the FEHB program by current and future non-Postal 
Service retirees choosing to cover same-sex domestic partners. 
As a result, direct spending would increase by $348 million 
from 2011 to 2019.
    Postal Service employees also would be eligible for same-
sex domestic partner coverage under H.R. 2517. 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 1,100 
current and 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 $242 million through 2019.
    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 H.R. 2517, if enacted, would extend 
additional FECA benefits to roughly 1,000 federal employees 
each year. Over the 2010-2019 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 H.R. 2517, 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 2019) would add 
survivor benefits for their domestic partners and that 
approximately 2,000 current retirees would also elect survivor 
benefits for a domestic partner. 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 $27 million over the 2010-2019 period.

                   SPENDING SUBJECT TO APPROPRIATION

    In total, CBO estimates that implementing H.R. 2517 would 
increase discretionary spending by $302 million over the 2010-
2019 period, assuming the appropriation of the necessary 
amounts.
    FEHB Program Costs for Active Federal Employees. H.R. 2517 
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 2010, family 
coverage policies for active workers are projected to cost the 
federal government approximately $5,200 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 $266 million over the 2010-2019 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 enactment of 
H.R. 2517 thus would increase the need for appropriations to 
agencies' salaries and expense accounts, with increased outlays 
totaling $30 million through 2019.
    Travel and Relocation Benefits. H.R. 2517 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 2010-2019 period.
    Intergovernmental and private-sector impact: H.R. 2517 
contains no intergovernmental or private-sector mandates as 
defined in UMRA and would impose no cost on state, local, or 
tribal governments.
    Estimate prepared by: Federal spending: Retirement--Amber 
G. Marcellino, FEHB--Kirstin Nelson, FECA--Christi 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.

         Changes in Existing Law Made by the Bill, as Reported

    In compliance with clause 3(e) of rule XIII of the Rules of 
the House of Representatives, 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):

                      TITLE 5, UNITED STATES CODE




           *       *       *       *       *       *       *
PART III--EMPLOYEES

           *       *       *       *       *       *       *


SUBPART A--GENERAL PROVISIONS

           *       *       *       *       *       *       *


                        CHAPTER 21--DEFINITIONS

Sec.
2101. Civil service; armed forces; uniformed services.
     * * * * * * *
2110. Domestic partnerships.
     * * * * * * *

Sec. 2110. Domestic partnerships

  (a) Establishment.--To establish the existence of a domestic 
partnership, between an employee, former employee, or annuitant 
and another individual, for purposes of the provisions of law 
to which this section applies, the employee, former employee, 
or annuitant (as the case may be) shall be required to file an 
affidavit, in such form and manner as the Office of Personnel 
Management shall by regulation prescribe, attesting to the 
following:
          (1) Both individuals are members of the same sex.
          (2) Both individuals are at least 18 years of age and 
        competent to contract.
          (3) The filing employee, former employee, or 
        annuitant (as the case may be) has notified the other 
        individual of the filing of the affidavit attesting 
        that their partnership satisfies the requirements of 
        this subsection.
          (4) Such individuals are in a domestic partnership 
        with one another and intend to remain so indefinitely.
          (5) Such individuals--
                  (A) have a common residence; or
                  (B) do not have a common residence because of 
                financial, employment-related, or other 
                reasons, as identified in the affidavit.
          (6) Neither individual is married to or in a domestic 
        partnership with anyone outside of the domestic 
        partnership referred to in paragraph (4).
          (7) The 2 individuals share responsibility for a 
        significant measure of each other's common welfare and 
        financial obligations.
          (8) The 2 individuals are not related in a way that, 
        if they were of the opposite sex, would prohibit legal 
        marriage in the jurisdiction in which either individual 
        resides.
          (9) The filing employee, former employee, or 
        annuitant (as the case may be) understands that willful 
        falsification of information set forth in the affidavit 
        or failure to provide appropriate notification of the 
        termination of the domestic partnership may lead to the 
        recovery of amounts obtained as a result of such 
        falsification or failure (as the case may be), criminal 
        or other penalties, and (in appropriate cases) 
        disciplinary action.
 An affidavit 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 filing. No 2 
individuals shall, for purposes of the provisions of law to 
which this section applies, be treated as being in a domestic 
partnership with one another unless there is in effect, in 
accordance with regulations prescribed by the Office, an 
affidavit filed in accordance with the preceding provisions of 
this subsection. An affidavit so filed shall remain in effect 
until the earlier of the date of the death of either individual 
or the date as of which the domestic partnership is otherwise 
terminated, as determined under such regulations.
  (b) Domestic Partner.--For purposes of the provisions of law 
to which this section applies, the term ``domestic partner'' 
means an individual who is in a domestic partnership, as 
described in subsection (a).
  (c) Employee Defined.--For purposes of this section, the term 
``employee'' means an employee as defined by section 2105, an 
employee of a nonappropriated fund instrumentality of the 
Department of Defense or the Coast Guard (as described in 
section 2105(c)), an employee of the United States Postal 
Service or of the Postal Regulatory Commission (as described in 
section 2105(e)), a Member of Congress, a member of the 
commissioned corps of the Public Health Service, a member of 
the commissioned corps of the National Oceanic and Atmospheric 
Administration, and any other individual who is employed by the 
Government (as determined under regulations of the President or 
a designee thereof), but does not include a technician (within 
the meaning of section 8337(h) or, notwithstanding any 
provision of chapter 43 of title 38, a member of the armed 
forces.
  (d) Annuitant Defined.--For purposes of this section, the 
term ``annuitant'' means--
          (1) an annuitant within the meaning of section 8331 
        or 8401; and
          (2) 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.
  (e) Confidentiality.--No individual may--
          (1) use the information obtained under subsection (a) 
        for any purpose other than the administration of any 
        provision of law to which this section applies; or
          (2) furnish any information obtained under subsection 
        (a) to anyone, or permit anyone to examine or otherwise 
        gain access to any such information, except for--
                  (A) an individual who needs such information 
                for a purpose that satisfies paragraph (1); or
                  (B) a member of the domestic partnership to 
                which the information pertains or an authorized 
                representative thereof.
  (f) Applicability.--This section applies for purposes of the 
provisions of this title (excluding chapter 81) and any 
provision of law identified in or under title VIII of the 
Domestic Partnership Benefits and Obligations Act of 2009.

           *       *       *       *       *       *       *


SUBPART B--EMPLOYMENT AND RETENTION

           *       *       *       *       *       *       *


                  CHAPTER 31--AUTHORITY FOR EMPLOYMENT

SUBCHAPTER I--EMPLOYMENT AUTHORITIES

           *       *       *       *       *       *       *


Sec. 3110. Employment of relatives; restrictions

  (a) For the purpose of this section--
          (1) * * *

           *       *       *       *       *       *       *

          (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, domestic partner, 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.

           *       *       *       *       *       *       *


SUBPART D--PAY AND ALLOWANCES

           *       *       *       *       *       *       *


CHAPTER 55--PAY ADMINISTRATION

           *       *       *       *       *       *       *


SUBCHAPTER VII--PAYMENTS TO MISSING EMPLOYEES

           *       *       *       *       *       *       *


Sec. 5569. Benefits for captives

  (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 shall be afforded the same status 
as a spouse.

           *       *       *       *       *       *       *


Sec. 5570. Compensation for disability or death

  (a) * * *

           *       *       *       *       *       *       *

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

                SUBCHAPTER VIII--SETTLEMENT OF ACCOUNTS

Sec. 5581. Definitions

  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) ``surviving partner'' has the meaning given it by 
        sections 8341 and 8441, respectively.

Sec. 5582. Designation of beneficiary; order of precedence

  (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 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

  (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),] by an employee and such employee's 
spouse (or, where allowable, such employee's domestic partner), 
if filing 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. 5724a. Relocation expenses of employees transferred or reemployed

  (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

  (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),] by an employee 
and such employee's spouse (or, where allowable, such 
employee's domestic partner), if filing 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

  (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 in 
        accordance with section 5724a(b) of this title.

           *       *       *       *       *       *       *


SUBPART E--ATTENDANCE AND LEAVE

           *       *       *       *       *       *       *


CHAPTER 63--LEAVE

           *       *       *       *       *       *       *


                 SUBCHAPTER V--FAMILY AND MEDICAL LEAVE

Sec. 6381. Definitions

  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, or a 
        biological, adopted, or foster child of the domestic 
        partner of the employee, who is--
                  (A) * * *

           *       *       *       *       *       *       *


Sec. 6382. Leave requirement

  (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, 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), parent, or covered servicemember of 
        the employee, as appropriate; and

           *       *       *       *       *       *       *


Sec. 6383. Certification

  (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

           *       *       *       *       *       *       *


SUBPART G--INSURANCE AND ANNUITIES

           *       *       *       *       *       *       *


               CHAPTER 81--COMPENSATION FOR WORK INJURIES

                        SUBCHAPTER I--GENERALLY

Sec. 8101. Definitions

  For the purpose of this subchapter--
          (1) * * *

           *       *       *       *       *       *       *

          (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, adopted children, children (including 
        adopted children) of a domestic partner, and posthumous 
        children, but does not include married children;

           *       *       *       *       *       *       *

          (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) ``domestic partner'' means an individual who is 
        in a domestic partnership with another individual of 
        the same sex, as determined by the Secretary of Labor 
        for purposes of this subchapter pursuant to regulations 
        issued by the Secretary, in consultation with the 
        Director of the Office of Personnel Management, 
        consistent with the requirements that--
                  (A) both individuals are at least 18 years of 
                age and competent to contract;
                  (B) both individuals intend to remain in the 
                domestic partnership indefinitely;
                  (C) such individuals--
                          (i) have a common residence; or
                          (ii) do not have a common residence 
                        because of financial, employment-
                        related, or other reasons;
                  (D) neither individual is married to or in a 
                domestic partnership with anyone outside of the 
                domestic partnership referred to in 
                subparagraph (B);
                  (E) the 2 individuals share responsibility 
                for a significant measure of each other's 
                common welfare and financial obligations;
                  (F) the 2 individuals are not related in a 
                way that, if they were of the opposite sex, 
                would prohibit legal marriage in the 
                jurisdiction in which either of them resides;
                  (G) at least 1 of them is an employee or an 
                individual otherwise eligible for coverage 
                under this subchapter based on such 
                individual's employment or other service; and
                  (H) both individuals understand that willful 
                falsification of information within the 
                affidavit or failure to provide appropriate 
                notification of the termination of the domestic 
                partnership may lead to the recovery of the 
                amounts obtained as a result of such 
                falsification or failure (as the case may be), 
                criminal or other penalties, and (in 
                appropriate circumstances) disciplinary action; 
                and
          (22) ``surviving partner'' means the domestic partner 
        living with or dependent for support on the decedent at 
        the time of his or her death, or living apart for 
        reasonable cause or because of his or her desertion.

           *       *       *       *       *       *       *


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

  (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 (including children of a 
                domestic partner) 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

  (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 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

  (a) For the purpose of this section, ``dependent'' means--
          (1) * * *

           *       *       *       *       *       *       *

          (3) an unmarried child, 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 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.

           *       *       *       *       *       *       *


Sec. 8116. Limitations on right to receive compensation

  (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

  (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, 
        surviving partner, or child, as follows--
                  (A) * * *

           *       *       *       *       *       *       *

        If there is a widow, widower, surviving partner, or 
        child, so much of the percentages are payable as, when 
        added to the total percentages payable to the widow, 
        widower, 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, surviving 
        partner, child, or dependent parent, as follows--
                  (A) * * *

           *       *       *       *       *       *       *

        If there is a widow, widower, 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, 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 a 
        surviving partner dies or enters into a subsequent 
        domestic partnership) before reaching age 55;

           *       *       *       *       *       *       *

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. A widow or widower (or 
surviving partner) who has entitlements to benefits under this 
title derived from more than one husband or wife (or more than 
one domestic partner) shall elect one entitlement to be 
utilized.

           *       *       *       *       *       *       *


Sec. 8135. Lump-sum payment

  (a) * * *
  [(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) On remarriage (or entry into a subsequent domestic 
partnership) before reaching age 55 a widow or widower (or 
surviving partner) 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 that individual was 
entitled immediately before the remarriage (or subsequent 
domestic partnership).

           *       *       *       *       *       *       *


CHAPTER 83--RETIREMENT

           *       *       *       *       *       *       *


                SUBCHAPTER III--CIVIL SERVICE RETIREMENT

Sec. 8331. Definitions

  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 [.]; and
          (32) ``former domestic partner'' means a former 
        domestic partner of an individual--
                  (A) if such individual performed at least 18 
                months of civilian service as an employee or 
                Member; and
                  (B) if the former domestic partner was in a 
                domestic partnership with such individual for 
                at least 9 months.

Sec. 8332. Creditable service

  (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, 
                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, 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, domestic partner, or children, whether the 
[spouse] spouse, 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

  (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 the 
former domestic partner enters into a subsequent domestic 
partnership) 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 remarriage (or entry into a 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--
          (I) within 2 years after such remarriage (or such 
        subsequent domestic partnership), or
          (II) if later, within 2 years after--
                  (aa) the death or remarriage of any former 
                spouse (or the death of or entry into a 
                subsequent domestic partnership by any 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 or 
                remarriage of the last such surviving former 
                spouse (or the death of or entry into a 
                subsequent domestic partnership by the last 
                such surviving 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 
remarriage (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 or remarriage of any former 
                spouse (or the death of or entry into a 
                subsequent domestic partnership by any 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 (or 
                entry into a subsequent 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 (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 (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

  (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

  (a) For the purpose of this section--
          (1) * * *

           *       *       *       *       *       *       *

          (3) ``surviving partner'' means the surviving 
        domestic partner of an employee or Member who--
                  (A) 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
                  (B) satisfies such other requirement, based 
                on parenthood, as the Office of Personnel 
                Management shall by regulation prescribe based 
                on the definition of a widow or widower under 
                this section;
          [(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 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;

           *       *       *       *       *       *       *

        For the purpose of this paragraph and subsection (e) of 
        this section, a child whose 22nd birthday occurs before 
        July 1 or after August 31 of a calendar year, and while 
        he is regularly pursuing such a course of study or 
        training, is deemed to have become 22 years of age on 
        the first day of July after that birthday. A child who 
        is a student is deemed not to have ceased to be a 
        student during an interim between school years if the 
        interim is not more than 5 months and if he shows to 
        the satisfaction of the Office of Personnel Management 
        that he has a bona fide intention of continuing to 
        pursue a course of study or training in the same or 
        different school during the school semester (or other 
        period into which the school year is divided) 
        immediately after the interim. The Office shall 
        prescribe regulations to provide that, for purposes of 
        applying the provisions of paragraph (5)(A)(ii) 
        (relating to the treatment of a stepchild) in the case 
        of a domestic partnership, rules similar to those 
        prescribed to carry out section 8901(5)(B) in similar 
        circumstances shall apply.
  (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--
          (A) * * *

           *       *       *       *       *       *       *

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 enters into a subsequent domestic partnership) 
        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 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 an employee or Member for less than 9 
        months and a former domestic partner of an 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)  * * *

           *       *       *       *       *       *       *

  (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, 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.
  [(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.
  [(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.
  [(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.
  [(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.]
  (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 the surviving domestic partner dies or 
        enters into a subsequent domestic partnership); 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 (or surviving domestic 
partner) whose annuity under this section is terminated because 
of remarriage (or entry into a subsequent 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 remarriage (or 
        subsequent 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), 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 former domestic 
                partner enters into a subsequent domestic 
                partnership) 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 (or the former 
                domestic partner enters into a subsequent 
                domestic partnership 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), (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.
  (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 remarriage (or entry into a subsequent 
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 remarriage (or entry into a subsequent 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

  (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.

           *       *       *       *       *       *       *

  (j)(1)(A) Payment of the lump-sum credit under subsection (a) 
may be made only if the spouse, if any, and any former spouse 
(or the domestic partner, if any, and any 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 (or domestic partner 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 former spouse (or 
        domestic partner 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 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) of this subsection may be waived with respect 
to a 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 (or domestic partner or former domestic 
partner) cannot be determined.

           *       *       *       *       *       *       *


Sec. 8343a. Alternative forms of annuities

  (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).

           *       *       *       *       *       *       *

  (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

  (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, domestic partners, former spouses, and 
        former domestic partners;

           *       *       *       *       *       *       *


Sec. 8351. Participation in the Thrift Savings Plan

  (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.
[8417. Survivor reduction for a former spouse.]
8416. Survivor reduction for a current spouse or a current domestic 
          partner.
8417. Survivor reduction for a former spouse or a former domestic 
          partner.
     * * * * * * *
[8435. Protections for spouses and former spouses.]
8435. Protections for spouses, domestic partners, former spouses, and 
          former domestic partners.
     * * * * * * *
     * * * * * * *
[8442. Rights of a widow or widower.]
8442. Rights of a widow, widower, or surviving partner.
     * * * * * * *
[8445. Rights of a former spouse.]
8445. Rights of a former spouse or former domestic partner.
     * * * * * * *

                    SUBCHAPTER I--GENERAL PROVISIONS

Sec. 8401. Definitions

  For the purpose 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 [.]; and
          (37) ``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 an employee or Member; 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

  (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 a current 
                    domestic partner

  (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).
  [(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).]
  (b)(1) Upon remarriage (or entry into a 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 remarriage (or entry 
        into a subsequent domestic partnership), or
          (B) if later, within 2 years after--
                  (i) the death or remarriage of any former 
                spouse (or the death of or entry into a 
                subsequent domestic partnership by any 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 or 
                remarriage of the last such surviving former 
                spouse (or the death of or entry into a 
                subsequent domestic partnership by the last 
                such surviving 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 
remarriage (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 (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 or remarriage of any former 
                spouse (or the death of or entry into a 
                subsequent domestic partnership by any domestic 
                partner) of such employee or Member who was 
                entitled to a survivor annuity under section 
                8445,
                  (ii) if more than 1, the death or remarriage 
                of the last such surviving former spouse (or 
                the death of or the entry into a subsequent 
                domestic partnership by the last such 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 a former domestic 
                    partner

  (a) If an employee or Member has a former spouse (or a 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 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.]
  (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 a 
                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, unless it is 
        made with the spouse's written consent.]
          (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.

           *       *       *       *       *       *       *


Sec. 8418. Survivor elections; deposit; offsets

  (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

  (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 the 
former domestic partner enters into a subsequent domestic 
partnership) 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

  (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

  (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

  (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--
          (i) * * *
          (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.

           *       *       *       *       *       *       *


SUBCHAPTER III--THRIFT SAVINGS PLAN

           *       *       *       *       *       *       *


Sec. 8434. Annuities: methods of payment; election; purchase

  (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] spouses, 
                    domestic partners, former spouses, and former 
                    domestic partners

  (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

  (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

  For the purpose of this subchapter--
          (1) * * *

           *       *       *       *       *       *       *

          (3) the term ``surviving partner'' means the 
        surviving domestic partner of an employee, Member, or 
        annuitant, or of a former employee or Member, who--
                  (A) 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
                  (B) satisfies such other requirement, based 
                on parenthood, as the Office of Personnel 
                Management shall by regulation prescribe based 
                on the definition of a widow or widower under 
                this section;
          [(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 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;

           *       *       *       *       *       *       *

The Office shall prescribe regulations to provide that, for 
purposes of applying the provisions of paragraph (5)(A)(ii) 
(relating to the treatment of a stepchild) in the case of a 
domestic partnership, rules similar to those prescribed to 
carry out section 8901(5)(B) in similar circumstances shall 
apply.

Sec. 8442. Rights of a [widow or widower] widow, widower, or surviving 
                    partner

  (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 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 enters into a subsequent domestic partnership) 
        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] remarriage (or entry 
into a subsequent 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,] remarriage is dissolved by death, 
divorce, annulment (or subsequent 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;] 
        remarriage (or entry into a subsequent domestic 
        partnership); and

           *       *       *       *       *       *       *

  (3) Paragraph (1)(B) (relating to termination of a survivor 
annuity because of a remarriage or entry into a subsequent 
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. 8445. Rights of a [former spouse] former spouse or former domestic 
                    partner

  (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 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 the former 
        domestic partner enters into a subsequent domestic 
        partnership) 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 remarriage (or 
entry into a subsequent 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 remarriage (or entry into a subsequent 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

  (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, 
        domestic partners, former spouses, former domestic 
        partners, and survivors;

           *       *       *       *       *       *       *


Sec. 8462. Cost-of-living adjustments

  (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

  (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

  (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

           *       *       *       *       *       *       *

  (3) In the case of an individual whose domestic partner has a 
child by a previous marriage, domestic partnership (as defined 
under regulations of the Office of Personnel Management), or 
otherwise, such child shall, unless adopted by such individual, 
be treated as a stepchild of such individual.

           *       *       *       *       *       *       *


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

  (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

  (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

  For the purpose of this chapter--
          (1) * * *

           *       *       *       *       *       *       *

          (5) ``member of family'' means the spouse or domestic 
        partner of an employee or annuitant and an unmarried 
        dependent child under 22 years of age, including--
                  (A) * * *

           *       *       *       *       *       *       *

          (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) * * *

           *       *       *       *       *       *       *

        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 annuitant has 
                terminated,
                  (B) who has not entered into another domestic 
                partnership 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); and
          [(11)] (12) ``qualified clinical social worker'' 
        means an individual--
                  (A) * * *

           *       *       *       *       *       *       *

For purposes of paragraph (5), in the case of an employee or 
annuitant whose domestic partner has a child by a previous 
marriage, domestic partnership (as defined under regulations of 
the Office of Personnel Management), or otherwise, such child 
shall, unless adopted by such individual, be treated as a 
stepchild of such individual.

Sec. 8902. Contracting authority

  (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 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 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 
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 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

  (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] former 
        spouse, or former domestic partner covered by a health 
        benefits plan described by section 8903 or 8903a;

           *       *       *       *       *       *       *


Sec. 8903. Health benefits plans

  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 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 domestic partner, or person 
        having continued coverage under section 8905a of this 
        title.

           *       *       *       *       *       *       *


Sec. 8905. Election of coverage

  (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 domestic partner, 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 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--
          (A) * * *

           *       *       *       *       *       *       *

provide a period of not less than 3 weeks during which any 
employee, annuitant, former spouse, 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 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

  (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

  (a) * * *
  (b) A surviving spouse or surviving domestic partner whose 
survivor annuity under this title was terminated because of 
remarriage or a subsequent domestic partnership 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. 8913. Regulations

  (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] 
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] annuitant, 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

  (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

  A surviving spouse, 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

  (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

  A surviving spouse, 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

  For purposes of this chapter:
          (1) * * *

           *       *       *       *       *       *       *

          (5) Qualified relative.--The term ``qualified 
        relative'' means each of the following:
                  (A) The spouse of an individual described in 
                paragraph (1), (2), (3), [or (4).] or (4) (and 
                the domestic partner of an individual described 
                in paragraph (1), (2), or (4) or of an 
                individual who satisfies paragraph (3) by 
                virtue of having been appointed to a position 
                in the commissioned corps of the Public Health 
                Service or the commissioned corps of the 
                National Oceanic and Atmospheric 
                Administration).

           *       *       *       *       *       *       *

                  (C) A child (including an adopted child, a 
                stepchild, or, to the extent the Office of 
                Personnel Management by regulation provides, a 
                foster child) of an individual described in 
                paragraph (1), (2), (3), or (4), or of the 
                domestic partner of such an individual, if such 
                child is at least 18 years of age.

           *       *       *       *       *       *       *


Sec. 9002. Availability of insurance

  (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.

           *       *       *       *       *       *       *

                              ----------                              


                    ETHICS IN GOVERNMENT ACT OF 1978



           *       *       *       *       *       *       *
TITLE I--FINANCIAL DISCLOSURE REQUIREMENTS OF FEDERAL PERSONNEL

           *       *       *       *       *       *       *


                           DOMESTIC PARTNERS

  Sec. 112. (a) An employee, former employee, or annuitant and 
the domestic partner of such employee, former employee, or 
annuitant (as the case may be) shall be subject to the 
provisions of law cited in subsection (b) to the same extent 
and in the same manner as in the case of a married employee, 
former employee, or annuitant and the spouse of such employee, 
former employee, or annuitant (as the case may be).
  (b) The provisions of law cited in this subsection are as 
follows:
          (1) The preceding provisions of this title (relating 
        to financial disclosure requirements of Federal 
        personnel) and the provisions of title V (relating to 
        Government-wide limitations on outside earned income 
        and employment).
          (2) Regulations prescribed under section 7301 of 
        title 5, United States Code (relating to regulations 
        for the conduct of employees in the executive branch).
          (3) Section 7351 of title 5, United States Code 
        (relating to gifts to superiors).
          (4) Section 7353 of title 5, United States Code 
        (relating to gifts to Federal employees).
          (5) Chapter 11 of title 18, United States Code 
        (relating to bribery, graft, and conflicts of 
        interest).
          (6) Section 7342 of title 5, United States Code 
        (relating to receipt and disposition of foreign gifts 
        and decorations).
          (7) Section 1353 of title 31, United States Code 
        (relating to acceptance of travel and related expenses 
        from non-Federal sources).
          (8) Sections 4941 and 4946 of the Internal Revenue 
        Code of 1986 (relating to taxes on self-dealing and 
        definitions and special rules).
          (9) Section 455 of title 28, United States Code 
        (relating to disqualification of justice, judge, or 
        magistrate judge).
  (c) For purposes of this section, the term ``domestic 
partner'' has the meaning given such term by section 2110 of 
title 5, United States Code.

           *       *       *       *       *       *       *


                             MINORITY VIEWS

                              Introduction

    In October 2009, the unemployment rate in the United States 
reached 10.2%. This number reflects 15.7 million out of work 
Americans.\1\ Add in workers forced to settle for part-time 
work or those who have simply given up looking, and the rate is 
17.5 percent.\2\ Over the past year, the private sector has 
hemorrhaged millions of jobs, and yet the federal government 
has grown by 111,000 new employees during this same period.\3\
---------------------------------------------------------------------------
    \1\United States Department of Labor, Bureau of Labor Statistics 
Press Release, November 6, 2009, available at: http://
www.bls.eov?news.releaseiempsit.nr0.htm.
    \2\Jeannine Aversa, Jobless: 10 percent is tougher than it used to 
be, Associated Press, Nov. 8, 2009.
    \3\During the entire eight year period of 2000 to 2008 the federal 
government added only 156,000 new employees.
---------------------------------------------------------------------------
    It is in this economic environment--toxic for the private 
sector, yet growing and gold-plated for the federal workforce--
that the Committee on Oversight and Government Reform 
considered H.R. 2517: the Domestic Partnership Benefits and 
Obligations Act of 2009, a bill to provide the same benefits to 
same-sex domestic partners of federal employees as are given to 
spouses of federal employees.

                          LEGISLATIVE ACTIVITY

    On May 20, 2009, Rep. Tammy Baldwin introduced H.R. 2517, 
the Domestic Partnership Benefits and Obligations Act of 2009. 
The bill currently has 135 cosponsors.
    On the same day, Senator Joseph Lieberman of Connecticut 
introduced the Senate version, S. 1102. The bill currently has 
24 Senate cosponsors.
    The only hearing on H.R. 2517 during the 111th Congress 
occurred on July 8, 2009, before the Subcommittee on Federal 
Workforce, Postal Service, and the District of Columbia. 
Notably, the full Committee on Oversight and Government Reform 
failed to hold a legislative hearing on this bill, thereby 
depriving most Members of the Committee an opportunity to hear 
testimony on the merits and flaws of the bill prior to its 
consideration.
    On July 30, 2009, the Subcommittee on Federal Workforce, 
Postal Service, and the District of Columbia marked up the 
bill, incorporating by voice vote a manager's amendment. These 
changes were intended to conform the bill with existing civil 
service law essentially providing identical benefits to 
domestic partners as current law provides to spouses. However, 
the legislation would now apply to domestic partners who ``do 
not have a common residence because of financial, employment-
related, or other reasons, as identified in the affidavit.'' Of 
note, S. 1102, which is still in committee in the Senate, 
retains the common residence requirement.
    At the subcommittee mark up, Rep. Brian Bilbray of 
California introduced an amendment to H.R. 2517 that would have 
struck references to sexual orientation and family relation. A 
``domestic partner'' for purposes of the bill would have then 
been any designee, without regard to sexual orientation. The 
amendment failed on a voice vote. The Subcommittee reported the 
amended version on a party-line vote of 5 to 3.
    On Wednesday, November 18, 2009. the Committee on Oversight 
and Government Reform met to consider H.R. 2517. Republican 
members offered five amendments designed to ensure the fiscal 
prudence of the bill, close loopholes and protect the legal 
definition of marriage.
    Mr. Chaffetz of Utah offered an amendment that would 
suspend the implementation of the bill unless and until the 
President of the United States makes a determination that the 
bill will not increase Federal Employee Health Benefit Program 
(FEHBP) premiums. The amendment was rejected on a party-line 
vote of 11 to 21, with 9 not voting.
    Mr. Chaffetz of Utah offered another amendment that would 
require the GAO to conduct a study on the bill's impact on 
premiums and report to Congress within two years after the bill 
is enacted. Mr. Quigley of Illinois offered an amendment to the 
amendment that added additional language requiring the GAO to 
study the bill's impact on recruitment and retention efforts as 
well. The amendments passed by voice vote.
    Mr. Jordan of Ohio offered an amendment that would clarify 
that H.R. 2517 does not modify. supersede or otherwise affect 
the Defense of Marriage Act (DOMA). The amendment further 
specified that the provision of benefits to anyone other than a 
spouse as defined by DOMA is not intended to modify, supersede 
or otherwise affect DOMA. The amendment was rejected on a 
party-line vote of 12 to 22, with 7 not voting.
    During debate on Mr. Jordan's amendment, Democrat Members 
voiced concern over language in the amendment regarding the 
provision of benefits to anyone other than a spouse. In 
response, Ranking Member Issa offered a revised DOMA amendment 
that eliminated the language in question. The amendment was 
again rejected by a vote of 15 to 20, with 6 not voting.
    Mr. Bilbray of California offered an amendment that would 
require anyone who would be eligible to received federal 
benefits through a domestic partnership as defined by H.R. 2517 
to be screened through the E-Verify program to ensure that they 
are lawfully present in the United States.
    E-Verify provides employers with a tool that they can use 
to meet their Immigration and Reform Control Act (IRCA) 
obligations. Rather than relying on personal opinions as to the 
authenticity of employee documents. E-Verify objectively 
determines, based on government databases, whether an employee 
is eligible to work in the U.S. Thus, protecting employers from 
immigration actions based on knowingly employing illegal 
workers. Additionally, employers can use the E-Verify system to 
confirm the eligibility of new hires without opening themselves 
up to discrimination lawsuits. The amendment was rejected by a 
vote of 15 to 20. with 6 not voting.
    The Committee favorably reported H.R. 2517 on a vote of 23 
to 12. with 6 not voting.

                      REPUBLICAN VIEWS, H.R. 2517

    H.R. 2517 is being considered during an economic climate in 
which unemployment is at 10.2% and climbing. Minority groups 
have been especially hard hit. Hispanic unemployment is at 
13.1% while African-American unemployment reached 15.7% in 
October 2009.\4\
---------------------------------------------------------------------------
    \4\Christopher S. Rugaber, Meltdown 101: When unemployment last hit 
10 pct, Associated Press, Nov. 6, 2009.
---------------------------------------------------------------------------
    During consideration of this bill concerns about fiscal 
responsibility were cast aside by the Committee in order to 
bestow costly new benefits upon a select class of federal 
employees. Although the Administration has testified that 
adding health insurance benefits for partners of gay and 
lesbian employees and retirees would cost taxpayers $56 million 
in 2010\5\, the Administration has not provided an estimate of 
the full costs of this bill--a bill that is not limited to 
health benefits.
---------------------------------------------------------------------------
    \5\Domestic Partnership Benefits and Obligations Act of 2009: 
Hearing on H.R. 2517 Before the H. Comm, On Oversight & Government 
Reform. 111th Cong. (2009) (statement of John Berry, Director, U.S. 
Office of Personnel Management).
---------------------------------------------------------------------------
    On December 17, 2009, the Congressional Budget Office 
estimated that over ten years the full cost of this bill would 
be nearly $900 million. The first year included in the ten-year 
estimate, 2010, shows essentially zero cost apparently due to 
eligibility requirements. The annual estimated cost in 2019 is 
$150 million. It is obvious that the true ten-year cost will be 
well over $1 billion. Of greater concern is the rate of 
increase in the estimated costs. The annual estimated cost of 
the bill nearly triples from $52 million in 2011 to $150 
million in 2019.
    In addition to being costly, H.R. 2517 is unnecessary. 
Average federal compensation is more than double the average 
private sector compensation. Federal employees on average earn 
$119,982 in wages and benefits while private sector employees 
earn just $59,909 on average.\6\
---------------------------------------------------------------------------
    \6\Chris Edwards, Federal Pay Continues Rapid Ascent, CATO @ 
Liberty, Aug. 24, 2009, available at: http://www.cato-at-liberty.org/
2009/08/24/federal-pay-continues-rapid-ascent/.
---------------------------------------------------------------------------
    Moreover, the current economic environment, in which the 
private workforce continues to shrink while the federal 
workforce keeps expanding, makes dubious the claim that ``. . . 
the government is not keeping pace with leading private-sector 
employers in recruiting and retaining top talent.''\7\ The 
turnover rate for the public sector work force is significantly 
lower than that of the private sector.\8\ The private sector 
has shed over 5 million jobs since October 2008, a loss of 
about 5%. Meanwhile. over the same time period, the federal 
government has grown by 111,000 new employees, a growth of 
about 5%. Clearly, the recruitment and retention policies of 
the federal government are working. Federal employees already 
enjoy what are widely considered to be some of the most gold-
plated benefits packages in the workforce.
---------------------------------------------------------------------------
    \7\Domestic Partnership Benefits and Obligations Act of 2009: 
Hearing on H.R. 2517 Before the H. Comm. On Oversight & Government 
Reform. 111th Cong. (2009) (statement of Rep. Tammy Baldwin of 
Wisconsin).
    \8\Bureau of Labor Statistics web site, accessed November 24. 2009.
---------------------------------------------------------------------------
    H.R. 2517 is needlessly broad, which will create any number 
of unforeseen and unintended problems during implementation. 
Nearly any two individuals of the same sex can qualify as 
``domestic partners'' under the bill as long as they are not 
direct relatives. The bill, as written, in fact confers more 
generous and flexible benefits to same sex `partners' than it 
does for opposite sex `partners.'
    This open-ended definition of ``domestic partner'' invites 
unintended consequences, fraud, and abuse. Any two individuals 
of the same sex who are 18 or older and ``share responsibility 
for a significant measure of each other's common welfare'' and 
intend to do so ``indefinitely'' will qualify for benefits. 
Unlike the Senate version, H.R. 2517 does not require a common 
residence. Nor does H.R. 2517 require that the `partners' be 
gay or lesbian. Many potential relationships could qualify for 
benefits as `partners' under this bill including relatives, 
friends, and roommates.
    Supporters of H.R. 2517 claim that a sworn affidavit is 
sufficient legal documentation, and the bill's sponsor, Rep. 
Baldwin, testified that the bill has ``strong anti-fraud 
provisions.''\9\ However, the bill contains neither enforcement 
nor anti-fraud provisions. The requirements and terms of the 
affidavit are vague and without settled legal definitions, 
which will make nearly impossible any attempt to identify or 
prevent fraud.
---------------------------------------------------------------------------
    \9\Domestic Partnership Benefits and Obligations Act of 2009: 
Hearing on H.R. 2517 Before the H. Comm. On Oversight & Government 
Reform, 111th Cong. (2009) (statement of Rep. Tammy Baldwin of 
Wisconsin).
---------------------------------------------------------------------------
    The open-ended and often circular definition of ``domestic 
partner'' in H.R. 2517 will create major difficulty in 
implementing this legislation by federal agencies trying to 
eliminate waste, fraud and abuse. In fact, in September of 
2008, the U.S. Office of Personnel Management testified before 
the Senate Homeland Security and Government Affairs Committee 
that it had concerns about the administration of benefits for a 
domestic partnership:

          Currently, spousal benefits are based on the 
        documentation of a state-sanctioned marriage. The bill 
        under consideration would provide benefits to those in 
        domestic partnerships or relationships which are 
        certified by affidavit. OPM believes this process could 
        lead to fraud and abuse in the programs we 
        administer.''\10\
---------------------------------------------------------------------------
    \10\Domestic Partner Benefits for Federal Employees: Hearing on S. 
2521 Before the S. Comm. On Homeland Security and Governmental Affairs, 
110th Cong. (2008) (statement of Howard C. Weizmann, Deputy Director. 
U.S. Office of Personnel Management).

    By trying to address what the Majority contends is a 
current injustice with H.R. 2517, they are creating a new 
injustice. This bill discriminates on the basis of sex. While 
any two adults could easily claim to be domestic partners under 
the bill, only adults of the same sex would qualify. While 
seeking to address a perceived inequality, this benefit creates 
a protected class whose sole distinction is based on gender. By 
giving same sex couples greater benefits than heterosexual 
couples, the bill creates significant potential for legal 
challenges.
    Undoubtedly, there are unmarried heterosexual couples, who 
choose to remain unmarried, but would like to receive these 
same benefits and can meet all other stipulations of the 
legislation. Furthermore, H.R. 2517 will create situations, in 
states that recognize common law marriage, in which common law 
married heterosexual couples will not qualify for benefits 
until after a certain time period has elapsed, whereas same sex 
domestic partners in the same state will immediately qualify. 
By enacting this legislation, the government will be placing 
more restrictions on heterosexual couples than on same sex 
couples, creating for the first time, a bias favoring same sex 
relationships with regard to eligibility for federal employment 
benefits ironically in the name of equality.
    The creation of a new inequality in the name of eliminating 
an old one is in reality an attempt to circumvent the Defense 
of Marriage Act of 1996, which guarantees the rights of states 
to define marriage as a union between one man and one woman.
    H.R. 2517 is a clear circumvention of the intent of 
Congress. In passing DOMA in 1996, among other things, Congress 
wanted to ensure that federal benefits relating to marriage 
would continue to be limited to opposite-sex married couples. 
Moreover, DOMA was enacted in order to allow individual states 
to determine their own marriage laws, without interference from 
the federal government. H.R. 2517 cannot be interpreted in any 
way other than as a circumvention of federal definition of 
marriage.
    The Committee is indirectly repealing Section 3 of DOMA, 
which defines the terms ``marriage'' and ``spouse,'' for the 
purposes of federal law only, to reaffirm that they refer 
exclusively to relationships between persons of the opposite 
sex. H.R. 2517 would effectively repeal Section 3 of DOMA by 
creating a marriage-like domestic partner status that would be 
treated as if' it were the same as an opposite-sex marriage for 
the purposes of federal law and spousal benefits.
    Unquestionably, the 111th Congress has the authority to 
repeal DOMA, or modify it in any way that it sees fit. In so 
doing, the effects of repealing any provisions of DOMA would be 
made clear to the public during the course of vigorous debate. 
However, the Majority has chosen to circumvent Congressional 
intent and avoid that debate altogether by reporting H.R. 2517.
    Not only is H.R. 2517 a repudiation of Congressional 
intent, it is also a repudiation of the American people. State 
ballot initiatives legalizing gay marriage have been voted down 
over and over again--31 times. It is a simple fact that 
Americans from Maine to California have voted time and again to 
defend traditional marriage.
    H.R. 2517 is opposed by many organizations, including the 
Family Research Council, Concerned Women for America, the 
Southern Baptist Ethics & Religious Liberty Commission, and 
Focus on the Family:

          This bill, as constructed, violates the Defense of 
        Marriage Act (DOMA) of 1996 by mandating the same 
        federal employee benefits to partners in same-sex 
        relationships as those given to a married federal 
        employee's spouse. In both spirit and letter, H.R. 2517 
        abrogates DOMA by obfuscating and eclipsing the 
        traditional definition of marriage: between a man and a 
        woman.\11\
---------------------------------------------------------------------------
    \11\Letter from Thomas McClusky, Senior Vice President, Family 
Research Council, to Rep. Darrell Issa (Nov. 17, 2009).
---------------------------------------------------------------------------
          Under Federal law, legal marriage is the union 
        between a man and a woman. This bill would contradict 
        existing law by elevating relationships outside of 
        marriage to that of a binding legal marriage. Marriage 
        between one man and one woman provides unique benefits 
        to individuals, children and society that cannot be 
        replicated by any other living arrangement. The 
        Domestic Partnership Benefits and Obligations Act of 
        2009 demeans the importance of marriage and is wholly 
        inappropriate because it undermines Federal law.\12\
---------------------------------------------------------------------------
    \12\Letter from Wendy Wright, President, Concerned Women for 
America, to Reps. Edolphus Towns and Darrell Issa (Nov. 13, 2009).
---------------------------------------------------------------------------
          H.R. 2517 puts the federal government in the 
        precarious position of sanctioning same-sex 
        relationships, a departure from its historic 
        recognition of marriage as only between one man and one 
        woman. Most notably, the bill undermines the basis for 
        the Defense of Marriage Act, which prohibits the 
        federal government from both recognizing same-sex 
        marriages and forcing states to recognize such 
        marriages performed in other states.\13\
---------------------------------------------------------------------------
    \13\Letter from Richard D. Land, President, The Ethics & Religious 
Liberty Commission of the Southern Baptist Convention, to Rep. Darrell 
Issa (Nov. 17, 2009).
---------------------------------------------------------------------------
          By allowing H.R. 2517 to move forward, this Committee 
        would ignore the unique and irreplaceable benefits that 
        traditional marriage confers on society and on its 
        children. The Committee should also take note that 
        majority opinion still resides with traditional 
        marriage, as evidenced by the thirty-one states that 
        have already passed marriage referendums.\14\
---------------------------------------------------------------------------
    \14\Letter from Tom Minnery, Senior Vice President, Focus on the 
Family, to Rep. Darrel Issa (Nov. 18, 2009).
---------------------------------------------------------------------------

                               CONCLUSION

    Committee Republican Members believe that during an 
economic period of double digit unemployment, when millions of 
Americans find themselves out of work. H.R. 2517 is the wrong 
bill at the wrong time. In our view, passing H.R. 2517 during 
the worst economic disaster since the Great Depression is an 
insult, not only to American taxpayers and working families, 
but to the 15.7 million unemployed Americans.
    And yet our concerns over H.R. 2517 are not limited to it's 
cost, the many technical flaws within the legislation, or even 
the creation of a new inequity in the provision of federal 
employee benefits. This bill is a direct repudiation of 
American voters in the wake of defeat after defeat of state 
ballot campaigns. H.R. 2517 is an end-run around existing 
federal law, another assault on federalism by progressives and 
an attempt to obfuscate the true debate. For these reasons, 
Republicans opposed the bill during its consideration by the 
Committee on Oversight and Government Reform, and we urge its 
defeat when considered by the full House of Representatives.
                                   Darrell E. Issa.
                                   John J. Duncan, Jr.
                                   Mark E. Souder.
                                   Lynn A. Westmoreland.
                                   Jason Chaffetz.
                                   Blaine Luetkemeyer.
                                   Patrick T. McHenry.
                                   Jim Jordan.
                                   Dan Burton.
                                   Aaron Schock.