House panel passes amended domestic partner benefits bill

Subcommittee overseeing the federal workforce expands the measure to cover retirees, but rejects an amendment to include heterosexual couples.

In a party-line vote, a House subcommittee on Thursday passed a bill that would extend health care and other benefits to the partners of gay and lesbian federal employees, modifying it to ensure retirees are covered.

"Aside from the basic concepts of equity and fairness, passage of H.R. 2517 is essential to promote federal employee retention and recruitment," said Rep. Stephen Lynch, D-Mass., chairman of the House Oversight and Government Reform Federal Workforce Subcommittee. The bill's movement is a "significant first step toward placing the federal government on par with the private sector, where health insurance, retirement, disability and other benefits are already widely available to domestic partners."

Five subcommittee Democrats voted to send the Domestic Partnership Benefits and Obligations Act to the full committee, while three Republicans voted against it. In June, President Obama used an executive memorandum to extend long-term care benefits and family and parental leave to the domestic partners of gay and lesbian federal employees, but said he could not allow them access to other benefits -- including enrollment in the Federal Employees Health Benefits Program -- without legislative changes.

At the recommendation of Office of Personnel Management officials, the subcommittee passed technical amendments ensuring that retirees are covered and clarifying the benefits included. During a July 8 hearing, OPM Director John Berry said his staff was concerned that the bill as written included only current federal employees, though its sponsors intended the benefits to continue into retirement. The subcommittee also approved language stating that the legislation covers all of the employment benefits made available to the spouses of heterosexual federal employees under Title V of the U.S. Code, the law governing federal pay and benefits.

Rep. Brian Bilbray, R-Calif., offered an amendment that would have broadened the categories of people federal employees could designate as beneficiaries, but it was defeated in a roll call vote. Republicans including Rep. Jason Chaffetz, R-Utah, have said they might be more receptive to the bill if it included heterosexual couples. Chaffetz said during an interview after the markup that he'd "like to express optimism" that such an amendment could be added to the Senate version of the bill, but that Democratic control of the House and Senate made it unlikely.

As the bill stands, it "attempts to create a new class for benefits, and I'm opposed to that," Chaffetz said. "I think they're trying to redefine marriage, under a different name, and I'm opposed."