[Federal Register Volume 75, Number 109 (Tuesday, June 8, 2010)]
[Presidential Documents]
[Pages 32247-32249]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2010-13848]
Presidential Documents
Federal Register / Vol. 75 , No. 109 / Tuesday, June 8, 2010 /
Presidential Documents
[[Page 32247]]
Memorandum of June 2, 2010
Extension of Benefits to Same-Sex Domestic
Partners of Federal Employees
Memorandum for the Heads of Executive Departments and
Agencies
For far too long, many of our Government's hard-
working, dedicated LGBT employees have been denied
equal access to the basic rights and benefits their
colleagues enjoy. This kind of systemic inequality
undermines the health, well-being, and security not
just of our Federal workforce, but also of their
families and communities. That is why, last June, I
directed the heads of executive departments and
agencies (agencies), in consultation with the Office of
Personnel Management (OPM), to conduct a thorough
review of the benefits they provide and to identify any
that could be extended to LGBT employees and their
partners and families. Although legislative action is
necessary to provide full equality to LGBT Federal
employees, the agencies have identified a number of
benefits that can be extended under existing law. OPM,
in consultation with the Department of Justice, has
provided me with a report recommending that all of the
identified benefits be extended.
Accordingly, I hereby direct the following:
Section 1. Immediate Actions To Extend Benefits.
Agencies should immediately take the following actions,
consistent with existing law, in order to extend
benefits to the same-sex domestic partners of Federal
employees, and, where applicable, to the children of
same-sex domestic partners of Federal employees:
(a) The Director of OPM should take appropriate
action to:
(i) clarify that the children of employees' same-sex domestic partners fall
within the definition of ``child'' for purposes of Federal child-care
subsidies, and, where appropriate, for child-care services;
(ii) clarify that, for purposes of employee assistance programs, same-sex
domestic partners and their children qualify as ``family members'';
(iii) issue a proposed rule that would clarify that employees' same-sex
domestic partners qualify as ``family members'' for purposes of
noncompetitive appointments made pursuant to Executive Order 12721 of July
30, 1990;
(iv) issue a proposed rule that would add a Federal retiree's same-sex
domestic partner to the list of individuals presumed to have an insurable
interest in the employee pursuant to 5 U.S.C. 8339(k)(1), 8420;
(v) clarify that under appropriate circumstances, employees' same-sex
domestic partners and their children qualify as dependents for purposes of
evacuation payments made under 5 U.S.C. 5522-5523; Folio: 1632
(vi) amend its guidance on implementing President Clinton's April 11, 1997,
memorandum to heads of executive departments and agencies on ``Expanded
Family and Medical Leave Policies'' to specify that the 24 hours of unpaid
leave made available to Federal employees in connection with (i) school and
early childhood educational activities; (ii) routine family medical
purposes; and (iii) elderly relatives' health or care needs, may be used to
meet the needs of an employee's same-sex domestic partner or the same-sex
domestic partner's children; and
[[Page 32248]]
(vii) clarify that employees' same-sex domestic partners qualify as
dependents for purposes of calculating the extra allowance payable under 5
U.S.C. 5942a to assist employees stationed on Johnston Island, subject to
any limitations applicable to spouses.
(b) The Administrator of General Services should
take appropriate action to amend the definitions of
``immediate family'' and ``dependent'' appearing in the
Federal Travel Regulations, 41 C.F.R. Chs. 300-304, to
include same-sex domestic partners and their children,
so that employees and their domestic partners and
children can obtain the full benefits available under
applicable law, including certain travel, relocation,
and subsistence payments.
(c) All agencies offering any of the benefits
specified by OPM in implementing guidance under section
3 of this memorandum, including credit union
membership, access to fitness facilities, and access to
planning and counseling services, should take all
appropriate action to provide the same level of
benefits that is provided to employees' spouses and
their children to employees' same-sex domestic partners
and their children.
(d) All agencies with authority to provide benefits
to employees outside of the context of title 5, United
States Code should take all appropriate actions to
ensure that the benefits being provided to employees'
spouses and their children are also being provided, at
an equivalent level wherever permitted by law, to their
employees' same-sex domestic partners and their
children.
Sec. 2. Continuing Obligation To Provide New Benefits.
In the future, all agencies that provide new benefits
to the spouses of Federal employees and their children
should, to the extent permitted by law, also provide
them to the same-sex domestic partners of their
employees and those same-sex domestic partners'
children. This section applies to appropriated and
nonappropriated fund instrumentalities of such
agencies.
Sec. 3. Monitoring and Guidance. The Director of OPM
shall monitor compliance with this memorandum, and may
instruct agencies to provide the Director with reports
on the status of their compliance, and prescribe the
form Folio: 1633and manner of such reports. The
Director of OPM shall also issue guidance to ensure
consistent and appropriate implementation.
Sec. 4. Reporting. By April 1, 2011, and annually
thereafter, the Director of OPM shall provide the
President with a report on the progress of the agencies
in implementing this memorandum until such time as all
recommendations have been appropriately implemented.
Sec. 5. General Provisions. (a) Except as expressly
stated herein, nothing in this memorandum shall be
construed to impair or otherwise affect:
(i) authority granted by law or Executive Order to an agency, or the head
thereof; or
(ii) functions of the Director of the Office of Management and Budget
relating to budgetary, administrative, or legislative proposals.
(b) This memorandum shall be implemented consistent
with applicable law and subject to the availability of
appropriations.
[[Page 32249]]
(c) This memorandum is not intended to, and does
not, create any right or benefit, substantive or
procedural, enforceable at law or in equity by any
party against the United States, its departments,
agencies, or entities, its officers, employees, or
agents, or any other person.
Sec. 6. Publication. The Director of OPM is hereby
authorized and directed to publish this memorandum in
the Federal Register.
(Presidential Sig.)
THE WHITE HOUSE,
Washington, June 2, 2010
[FR Doc. 2010-13848
Filed 6-7-10; 8:45 am]
Billing code 6325-01-P Folio: 1634