[Congressional Record Volume 152, Number 68 (Friday, May 26, 2006)]
[Extensions of Remarks]
[Page E999]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]


[[Page E999]]
         ENERGY AND WATER DEVELOPMENT APPROPRIATIONS ACT, 2007

                                 ______
                                 

                               speech of

                      HON. MICHAEL G. FITZPATRICK

                            of pennsylvania

                    in the house of representatives

                        Wednesday, May 24, 2006

       The House in Committee of the Whole House on the State of 
     the Union had under consideration the bill (H.R. 5427), 
     making appropriations for energy and water development for 
     the fiscal year ending September 30, 2007, and for other 
     purposes:

  Mr. FITZPATRICK of Pennsylvania. Mr. Chairman, I want to thank 
Chairman Hobson for his work during consideration of the Energy and 
Water Appropriations Act to include language in the final version of 
the legislation to block funds that would have allowed an ill-advised 
policy directive by the Department of Energy to go forward. The policy 
directive would have prevented contractors to the agency from 
continuing to provide defined benefit pension plans and comprehensive 
healthcare coverage to their employees. Chairman Hobson's language 
blocks federal funds from implementing this directive.
  The Department of Energy's policy directive amounts to nothing more 
than an attack on organized labor unions and their members. Not only 
did the policy directive allow only a scant 90 days for the new 
restrictions to be executed, but no labor unions were consulted on the 
proposed policy prior to its promulgation. The Department of Energy 
failed to clear its policy with the Department of Labor to determine 
whether it is consistent with the requirements of the Service Contract 
Act and the Davis-Bacon Act.
  Moreover, while this policy sets a significant precedent by having 
one of the largest federal departments prohibiting certain employers 
from offering workers the security of defined benefit pension plans and 
comprehensive health coverage, it was not cleared by the Office of 
Management and Budget. The Department of Energy should not be driving 
pension and health care policy--especially when it does so without due 
deliberation and input from stakeholders and agencies with expertise on 
these issues.
  Additionally, the House is currently in the process of crafting a 
reform of our Nation's pension system. It is disconcerting that an 
Executive agency would undertake a policy directive that could 
contravene the actions of the Congress in what should be a legislative 
matter.
  It is my hope that the House will maintain its position in opposition 
to the Department of Energy in respect to this policy initiative, or 
any other legislative vehicle that would allow its execution as we 
enter negotiations with the other body in conference.

                          ____________________