- Federal employees and their spouses receive generous benefits that account for a significant part of their compensation, including full medical insurance, life insurance, access to myriad training and other education programs, retirement programs and more. One of the main arguments behind HR 2517 is that denying benefits to domestic partners of federal employees creates a situation in which employees receive unequal compensation for equal work. Furthermore, many leading corporations, state governments and other employers already offer these benefits; denying benefits at a federal level detracts from the government's ability to attract and retain talented employees.
- The need for a bill such as HR 2517 stems from the 1996 Defense of Marriage Act (DOMA). DOMA defined "marriage" as a union between one man and one woman and required the federal government to adopt this definition in all of its operations. Far from being merely symbolic, DOMA prohibits any federal agency from recognizing relationships outside of this definition, which means that the government cannot extend spousal benefits to same-sex couples or recognize domestic partnerships on tax returns or in federal courts.
- HR 2517 would circumvent DOMA's definition of marriage by allowing benefits listed as spousal benefits (namely medical and dental insurance, survivor benefits and retirement savings) to be extended to domestic partners who meet the criteria outlined in the bill. Domestic partners would simply submit an affidavit to the Office of Personnel Management stating that the partnership meets the guidelines. At the end of the 2010 congressional session, the bill was in committee.
- The affidavit defines "domestic partners" as two consenting adults of the same sex who are in a committed relationship. The domestic partners filing an affidavit would swear that they are sole domestic partners and intend to remain so, have a common residence, are 18 years of age or older and capable of consent, not related by blood closer than the relevant state law allows for marriage -- usually no closer than second cousin -- are not married or the domestic partner of anyone else, and share financial responsibilities. The affidavit would not need to be notarized.
- Domestic partners submitting the affidavit must also swear that the statements are true. Any falsification could result in a suspension of benefits, recovery of coverage costs, or other disciplinary action. The Office of Personnel Management (OPM) is responsible for investigating fraud in federal benefit programs and maintains an insurance fraud allegation hot line. The office partners with the Department of Justice on investigations when possible, as well as local law enforcement, and pursues both criminal and civil prosecution when fraud is suspected.
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