THE WHITE HOUSE
Office
of the Press
Secretary
_____________________________________________________________________
For
Immediate
Release
June 17, 2009
June 17, 2009
MEMORANDUM FOR THE HEADS OF
EXECUTIVE DEPARTMENTS AND AGENCIES
SUBJECT: Federal
Benefits and Non-Discrimination
Millions of hard-working, dedicated, and
patriotic public servants are employed by the Federal Government as part of the
civilian workforce, and many of these devoted Americans have same-sex domestic
partners. Leading companies in the private sector are free to provide to
same-sex domestic partners the same benefits they provide to married people of
the opposite sex. Executive departments and agencies, however, may only provide
benefits on that basis if they have legal authorization to do so. My
Administration is not authorized by Federal law to extend a number of available
Federal benefits to the same-sex partners of Federal employees. Within existing
law, however, my Administration, in consultation with the Secretary of State,
who oversees our Foreign Service employees, and the Director of the Office of
Personnel Management, who oversees human resource management for our civil
service employees, has identified areas in which statutory authority exists to
achieve greater equality for the Federal workforce through extension to same-sex
domestic partners of benefits currently available to married people of the
opposite sex. Extending available benefits will help the Federal Government
compete with the private sector to recruit and retain the best and the brightest
employees.
I hereby request the following:
Section 1. Extension
of Identified Benefits. The Secretary of State and the Director of the
Office of Personnel Management shall, in consultation with the Department of
Justice, extend the benefits they have respectively identified to qualified
same-sex domestic partners of Federal employees where doing so can be achieved
and is consistent with Federal law.
Sec. 2. Review of Governmentwide
Benefits. The heads of all other executive departments and agencies, in
consultation with the Office of Personnel Management, shall conduct a review of
the benefits provided by their respective departments and agencies to determine
what authority they have to extend such benefits to same-sex domestic partners
of Federal employees. The results of this review shall be reported within 90
days to the Director of the Office of Personnel Management, who, in consultation
with the Department of Justice, shall recommend to me any additional measures
that can be taken, consistent with existing law, to provide benefits to the
same-sex domestic partners of Federal Government employees.
Sec. 3.
Promoting Compliance with Existing Law Requiring Federal Workplaces to be Free
of Discrimination Based on Non-Merit Factors. The Office of Personnel
Management shall issue guidance within 90 days to all executive departments and
agencies regarding compliance with, and implementation of, the civil service
laws, rules, and regulations, including 5 U.S.C. 2302(b)(10), which make it
unlawful to discriminate against Federal employees or applicants for Federal
employment on the basis of factors not related to job
performance.
Sec. 4. General Provisions. (a) 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.
(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. 5. Publication. The Director of the Office of
Personnel Management is hereby authorized and directed to publish this
memorandum in the Federal Register.
BARACK OBAMA