ExecutiveOrdersEO
Memo 12721MemorandumObama · D Quiet signal

Presidential Memorandum 12721

Extension of Benefits to Same-Sex Domestic

This memorandum directs federal agencies to extend a range of employment benefits to same-sex domestic partners of federal employees and their children, including child-care subsidies, employee assistance programs, travel benefits, and family leave, to the extent permitted by existing law. It also establishes ongoing obligations for future benefits and requires annual reporting on implementation progress.

Federal Register Open PDF 75 FR 32247

Impact dates

  1. Annual reports thereafter until all recommendations implemented

  2. First annual report to President on agency implementation progress

Key directives

  • OPM to clarify children of same-sex domestic partners qualify as 'child' for federal child-care subsidies
  • OPM to clarify same-sex domestic partners and their children qualify as 'family members' for employee assistance programs
  • OPM to issue proposed rule adding same-sex domestic partners as 'family members' for noncompetitive appointments under EO 12721
  • OPM to issue proposed rule adding same-sex domestic partners to insurable interest presumption under 5 U.S.C. 8339(k)(1), 8420
  • OPM to clarify same-sex domestic partners and children qualify as dependents for evacuation payments under 5 U.S.C. 5522-5523
  • OPM to amend guidance on 1997 Clinton memorandum to allow 24 hours unpaid leave for same-sex domestic partner needs
  • OPM to clarify same-sex domestic partners qualify as dependents for Johnston Island allowance under 5 U.S.C. 5942a
  • Administrator of General Services to amend Federal Travel Regulations definitions to include same-sex domestic partners and children
  • All agencies offering specified benefits to extend equivalent benefits to same-sex domestic partners and children
  • All agencies with title 5-external authority to provide equivalent benefits to same-sex domestic partners and children
  • Future benefits for spouses must also be provided to same-sex domestic partners to extent permitted by law
  • OPM to monitor compliance and issue implementation guidance

Who is ordered

Timeline

Immediate

  • Agencies directed to immediately extend specified benefits including child-care subsidies, employee assistance programs, evacuation payments, and travel benefits
  • OPM directed to issue proposed rules and clarify definitions

Near term (90d)

  • OPM to issue implementing guidance under Section 3
  • Agencies to begin compliance reporting as instructed by OPM

Long term

  • Annual reporting to President continuing until all recommendations implemented
  • Ongoing obligation for agencies to extend future spousal benefits to same-sex domestic partners

Risks & tensions

  • Limitation to 'existing law' and 'extent permitted by law' may constrain actual benefits extendable without legislative change
  • Explicit disclaimer that memorandum creates no enforceable rights may limit legal recourse for non-compliance
  • Subject to availability of appropriations may create implementation gaps
  • Full equality explicitly noted as requiring legislative action, indicating memorandum is partial measure
Presidential Memorandum 12721: Extension of Benefits to Same-Sex Domestic · Executive Orders