September 11, 2006
RE: RETENTION OF KENNEDY-HATCH AMENDMENT
IN FY2007 DEFENSE APPROPRIATIONS
CONFERENCE REPORT
Dear Conferee:
The undersigned unions strongly urge you
to retain the bipartisan Kennedy-Hatch
Amendment to the FY07 Senate Defense
Appropriations Bill in the conference
report. The Kennedy-Hatch Amendment
would neutralize the impact of
retirement benefits in the cost
comparison process of Department of
Defense (DoD) privatization reviews. It
would recognize that retirement benefits
are a fixed cost for in-house bids
because the cost is established by
Congress. And it would ensure that
civilian employees are not unfairly
disadvantaged in the cost comparison
process when contractors provide their
employees with inferior retirement
benefits. Instead of rewarding
contractors for providing inferior
retirement benefits, the cost comparison
process would focus on who can deliver
services more efficiently. The
Kennedy-Hatch Amendment would follow the
bipartisan provision already included in
the Defense Appropriations Bill which
neutralizes the impact of health care
benefits in the cost comparison
process.
DoD will review for privatization in
FY06 eight times more civilian employees
than it did the previous year. The
Department of the Army by itself will
review for privatization an additional
45,234 civilian employees by the end of
FY09. If the rest of DoD uses the same
target as the Army, the number of
non-Army civilian employees reviewed for
privatization over the next three fiscal
years would be 80,481. The drastic
increase in the Army and perhaps across
DoD as well is because of the imposition
of numerical privatization quotas.
These quotas were earlier prohibited by
the Congress and then repudiated by OMB
because of a bipartisan understanding
that it is bad policy to review civilian
employees for privatization merely
because of rigid and inflexible quotas.
There is a bipartisan understanding that
privatization reviews are wasteful. As
Senate Energy and Water Chairman Pete
Domenici concluded in report language in
his FY07 Bill for the Department of
Army’s Corps of Engineers: “Millions of
dollars have been spent over the last
several years on an initiative to
contract out Government jobs in order to
make the Government more efficient…The
Committee fails to see any evidence of
cost savings or increased efficiency by
undergoing these expensive competitions.
Therefore, the Committee directs that no
funds provided in this account or
otherwise available for expenditure
shall be used to comply with the
competitive sourcing initiative.”
Moreover, the DoD Inspector General
reported in late 2005 that DoD is unable
to track either costs or quality of
contracts undertaken through
privatization reviews.
Despite bipartisan efforts, the Congress
has been unable to stop DoD’s use of
privatization quotas or force DoD to
implement systems to track the costs and
quality of its wholesale privatization
effort. However, the Congress has
managed to make the privatization
process less unfair to civilian
employees by ensuring through the
Defense Appropriations Bill that
contractors are not given an advantage
in the cost comparison process by
providing their employees with
inadequate health care benefits. The
Kennedy-Hatch Amendment would build on
that bipartisan precedent by ensuring
through the Defense Appropriations Bill
that contractors are not given an
advantage in the cost comparison process
by providing their employees with
inadequate retirement benefits.
Sincerely,
AMERICAN FEDERATION OF GOVERNMENT
EMPLOYEES, AFL-CIO
AMERICAN FEDERATION OF STATE, COUNTY AND
MUNICIPAL EMPLOYEES, AFL-CIO
AMERICAN FEDERATION OF TEACHERS, AFL-CIO
COMMUNICATIONS WORKERS OF AMERICA,
AFL-CIO
DEPARTMENT FOR PROFESSIONAL EMPLOYEES,
AFL-CIO
INTERNATIONAL ASSOCIATION OF FIRE
FIGHTERS, AFL-CIO
INTERNATIONAL ASSOCIATION OF MACHINISTS,
AFL-CIO
INTERNATIONAL BROTHERHOOD OF ELECTRICAL
WORKERS, AFL-CIO
INTERNATIONAL FEDERATION OF PROFESSIONAL
AND TECHNICAL ENGINEERS, AFL-CIO
LABORERS INTERNATIONAL UNION OF AMERICA
METAL TRADES DEPARTMENT, AFL-CIO
NATIONAL ASSOCIATION OF GOVERNMENT
EMPLOYEES, AFL-CIO
PROFESSIONAL AIRWAYS SYSTEMS
SPECIALISTS, AFL-CIO
SERVICE EMPLOYEES INTERNATIONAL UNION
UNITED AUTO WORKERS, AFL-CIO