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. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
SECTION 1. SHORT TITLE. 
This Act may be cited as the ‘‘Department of Energy 
Contractor Employee Equitable Treatment Act of 2006’’. 
SEC. 2. FINDINGS. 
Congress finds that— 
VerDate Aug 31 2005 
00:28 May 14, 2006
Jkt 049196
PO 00000
Frm 00001
Fmt 6652
Sfmt 6201
E:\BILLS\H5362.IH
H5362
ccoleman on PROD1PC71 with BILLS
(1) employment-based pension and medical ben-
efits are critical elements to the retirement security 
and state of health of working Americans; 
(2) the Department of Energy, through the 
guidance of the Department of Energy relating to 
contractor employee pension and medical benefits 
policy (Notice DOE N 351.1 (April 27, 2006)) (re-
ferred to in this Act as ‘‘Notice DOE N 351.1’’), in-
dicated the intent of the Department to cease fund-
ing for future defined benefit pension benefits and to 
undermine the medical benefits for contractor em-
ployees; 
(3) those policies attack the retirement security 
and medical benefits of workers employed in the de-
fense of the United States, including the manufac-
turing and testing of nuclear weapons; 
(4) those policies also undermine the ability of 
employers to provide appropriate and adequate re-
tirement and medical benefits; 
(5) defined benefit pension plans have a dem-
onstrated ability to provide retirement benefits that 
are adequate to supplement retiree incomes, based 
on lifetime income needs, with protection for sur-
viving spouses; 
VerDate Aug 31 2005 
00:28 May 14, 2006
Jkt 049196
PO 00000
Frm 00002
Fmt 6652
Sfmt 6201
E:\BILLS\H5362.IH
H5362
ccoleman on PROD1PC71 with BILLS
(6) market-based medical benefit plans encour-
age employers to shift rising health care costs onto 
employees, lowering employee wages without ad-
dressing the underlying problem of skyrocketing 
health care costs; and 
(7) the Federal Government should foster em-
ployment policies that provide adequate retirement, 
health, and other employment benefits to the Fed-
eral and contractor workforce. 
SEC. 3. GUIDANCE OF THE DEPARTMENT OF ENERGY RE-
LATING TO CONTRACTOR EMPLOYEE PEN-
SION AND MEDICAL BENEFITS POLICY. 
(a) IN GENERAL.—No funds made available before, 
on, or after the date of enactment of this Act shall be 
expended to implement, administer, or enforce the guid-
ance of the Department of Energy relating to contractor 
employee pension and medical benefits policy (Notice DOE 
N 351.1 (April 27, 2006)) (and any successor guidance), 
or any of the practices described in the guidance. 
(b) WITHDRAWAL.—Not later than 1 day after the 
date of enactment of this Act, the Secretary of Energy 
shall withdraw the guidance described in subsection (a). 
(c) REINSTATEMENT OF BENEFIT ELIGIBILITY.—If 
the Secretary has carried out Notice DOE N 351.1 (and 
any successor guidance) before the date of enactment of 
VerDate Aug 31 2005 
00:28 May 14, 2006
Jkt 049196
PO 00000
Frm 00003
Fmt 6652
Sfmt 6201
E:\BILLS\H5362.IH
H5362
ccoleman on PROD1PC71 with BILLS
this Act, the Secretary shall reinstate eligibility for bene-
fits or reinstate reimbursement for benefits, as appro-
priate, in effect as of January 1, 2006, as if Notice DOE 
N. 351.1 (and any successor guidance) had not been pro-
mulgated or carried out. 
Æ 
VerDate Aug 31 2005 
00:28 May 14, 2006
Jkt 049196
PO 00000
Frm 00004
Fmt 6652
Sfmt 6301
E:\BILLS\H5362.IH
H5362
ccoleman on PROD1PC71 with BILLS