109 HR 5362 IH: Department of Energy Contractor U.S. House of Representatives 2006-05-11 text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.

I 109th CONGRESS 2d Session H. R. 5362 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.

Short title

This Act may be cited as the Department of Energy Contractor Employee Equitable Treatment Act of 2006.

2.

Findings

Congress finds that— (1)employment-based pension and medical benefits 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)) (referred to in this Act as Notice DOE N 351.1), indicated the intent of the Department to cease funding for future defined benefit pension benefits and to undermine the medical benefits for contractor employees; (3)those policies attack the retirement security and medical benefits of workers employed in the defense of the United States, including the manufacturing and testing of nuclear weapons; (4)those policies also undermine the ability of employers to provide appropriate and adequate retirement and medical benefits; (5)defined benefit pension plans have a demonstrated ability to provide retirement benefits that are adequate to supplement retiree incomes, based on lifetime income needs, with protection for surviving spouses; (6)market-based medical benefit plans encourage employers to shift rising health care costs onto employees, lowering employee wages without addressing the underlying problem of skyrocketing health care costs; and (7)the Federal Government should foster employment policies that provide adequate retirement, health, and other employment benefits to the Federal and contractor workforce.

3.

Guidance of the Department of Energy relating to contractor employee pension 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 guidance 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 this Act, the Secretary shall reinstate eligibility for benefits or reinstate reimbursement for benefits, as appropriate, in effect as of January 1, 2006, as if Notice DOE N. 351.1 (and any successor guidance) had not been promulgated or carried out.