I 

109TH CONGRESS 

2D SESSION H. R. 5362 

To ensure the equitable provision of pension and medical benefits to 

Department of Energy contractor employees. 

IN THE HOUSE OF REPRESENTATIVES 

MAY 11, 2006 

Mr. GEORGE MILLER of California (for himself, Mr. RANGEL, Mr. DINGELL, 

Mr. ANDREWS, Mr. LEVIN, Mr. STARK, Mr. CARDIN, Mr. BROWN of 

Ohio, Mr. POMEROY, Mr. STRICKLAND, Mr. MCDERMOTT, and Ms. 

BEAN) introduced the following bill; which was referred to the Committee 

on Education and the Workforce 

A BILL 

To ensure the equitable provision of pension and medical 

benefits to Department of Energy contractor employees. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Department of Energy 

5 Contractor Employee Equitable Treatment Act of 2006’’. 

6 SEC. 2. FINDINGS. 

7 Congress finds that— 


ccoleman on PROD1PC71 with BILLS
2 

•HR 5362 IH

1 (1) employment-based pension and medical ben2 efits are critical elements to the retirement security 

3 and state of health of working Americans; 

4 (2) the Department of Energy, through the 

5 guidance of the Department of Energy relating to 

6 contractor employee pension and medical benefits 

7 policy (Notice DOE N 351.1 (April 27, 2006)) (re8 ferred to in this Act as ‘‘Notice DOE N 351.1’’), in9 dicated the intent of the Department to cease fund10 ing for future defined benefit pension benefits and to 

11 undermine the medical benefits for contractor em12 ployees; 

13 (3) those policies attack the retirement security 

14 and medical benefits of workers employed in the de15 fense of the United States, including the manufac16 turing and testing of nuclear weapons; 

17 (4) those policies also undermine the ability of 

18 employers to provide appropriate and adequate re19 tirement and medical benefits; 

20 (5) defined benefit pension plans have a dem21 onstrated ability to provide retirement benefits that 

22 are adequate to supplement retiree incomes, based 

23 on lifetime income needs, with protection for sur24 viving spouses; 


ccoleman on PROD1PC71 with BILLS
3 

•HR 5362 IH

1 (6) market-based medical benefit plans encour2 age employers to shift rising health care costs onto 

3 employees, lowering employee wages without ad4 dressing the underlying problem of skyrocketing 

5 health care costs; and 

6 (7) the Federal Government should foster em7 ployment policies that provide adequate retirement, 

8 health, and other employment benefits to the Fed9 eral and contractor workforce. 

10 SEC. 3. GUIDANCE OF THE DEPARTMENT OF ENERGY RE11 LATING TO CONTRACTOR EMPLOYEE PEN12 SION AND MEDICAL BENEFITS POLICY. 

13 (a) IN GENERAL.—No funds made available before, 

14 on, or after the date of enactment of this Act shall be 

15 expended to implement, administer, or enforce the guid16 ance of the Department of Energy relating to contractor 

17 employee pension and medical benefits policy (Notice DOE 

18 N 351.1 (April 27, 2006)) (and any successor guidance), 

19 or any of the practices described in the guidance. 

20 (b) WITHDRAWAL.—Not later than 1 day after the 

21 date of enactment of this Act, the Secretary of Energy 

22 shall withdraw the guidance described in subsection (a). 

23 (c) REINSTATEMENT OF BENEFIT ELIGIBILITY.—If 

24 the Secretary has carried out Notice DOE N 351.1 (and 

25 any successor guidance) before the date of enactment of 


ccoleman on PROD1PC71 with BILLS
4 

•HR 5362 IH

1 this Act, the Secretary shall reinstate eligibility for bene2 fits or reinstate reimbursement for benefits, as appro3 priate, in effect as of January 1, 2006, as if Notice DOE 

4 N. 351.1 (and any successor guidance) had not been pro5 mulgated or carried out. 

Æ 


ccoleman on PROD1PC71 with BILLS