The Congressional Record is a unique source of public documentation. It started in 1873, documenting nearly all the major and minor policies being discussed and debated.
“STATEMENTS ON INTRODUCED BILLS AND JOINT RESOLUTIONS” mentioning the U.S. Dept of Labor was published in the Senate section on pages S6474-S6477 on July 11, 2000.
The publication is reproduced in full below:
STATEMENTS ON INTRODUCED BILLS AND JOINT RESOLUTIONS
By Mr. BINGAMAN:
S. 2848. A bill to provide for a land exchange to benefit the Pecos National Historical Park in New Mexico; to the Committee on Energy and Natural Resources.
pecos national historical park land exchange act of 2000
Mr. BINGAMAN. Mr. President, today, I am introducing the ``Pecos National Historical Park Land Exchange Act of 2000. This bill will facilitate a land exchange between the Federal government and a private landowner that will benefit the Pecos National Historical Park in my State of New Mexico.
Specifically, the bill will enable the Park Service to acquire a private inholding within the park's boundaries in exchange for the transfer of a nearby tract of national forest system land. The national forest parcel has been identified as available for exchange in the Santa Fe National Forest Land and Resource Management Plan and is surrounded by private lands on three sides.
Pecos National Historical Park posses exceptional historic and archaeological resources. Its strategic location between the Great Plains and the Rio Grande Valley has made it the focus of the region's 10,000 years of human history. The park preserves the ruins of the great Pecos pueblo, a major trade center and the ruins of two Spanish colonial missions dating from the 17th and 18th centuries.
The Glorieta Unit of the park protects key sites associated with the 1862 Civil War Battle of Glorieta Pass, a significant event that ended the Confederate attempt to expand the war into the west. This unit will directly benefit from the land exchange.
I ask unanimous consent that the full text of the bill I have introduced today be printed in the Record.
There being no objection, the bill was ordered to be printed in the Record, as follows:
Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Pecos National Historical Park Land Exchange Act of 2000.''
SEC. 2. DEFINITIONS.
As used in this Act--
(1) the term ``Secretaries'' means the Secretary of the Interior and the Secretary of Agriculture; and
(2) the term ``landowner'' means Harold and Elizabeth Zuschlag, owners of land within the Pecos National Historical Park.
(3) the term ``map'' means a map entitled ``Pecos National Historical Park Land Exchange'' and dated June 27, 2000.
SEC. 3. LAND EXCHANGE.
(a) Upon the conveyance by the landowner to the Secretary of the Interior of the lands identified in subsection (b), the Secretary of Agriculture shall convey the following lands and interests to the landowner, subject to the provisions of this Act:
(1) approximately 160 acres of Federal lands and interests therein within the Santa Fe National Forest in the State of New Mexico, as generally depicted on the map; and
(2) an easement for water pipelines to two existing well sites, located within the Pecos National Historical Park, as provided in this paragraph.
(A) The Secretary of the Interior shall determine the appropriate route of the easement through Pecos National Historical Park and such route shall be a condition of the easement. The Secretary of the Interior may add such additional terms and conditions to the easement as he deems appropriate.
(B) The easement shall be established, operated, and maintained in compliance with all Federal laws.
(b) The lands to be conveyed by the landowner to the Secretary of the Interior comprise approximately 154 acres within the Pecos National Historical Park as generally depicted on the map.
(c) The Secretary of Agriculture shall convey the lands and interests identified in subsection (a) only if the landowner conveys a deed of title to the United States, that is acceptable to and approved by the Secretary of the Interior.
(d) Terms and Conditions.--
(1) In general.--Except as otherwise provided in this Act, the exchange of lands and interests pursuant to this Act shall be in accordance with the provisions of section 206 of the Federal Land Policy and Management Act (43 U.S.C. 1716) and other applicable laws.
(2) Valuation and appraisals.--The values of the lands and interests to be exchanged pursuant to this Act shall be equal, as determined by appraisals using nationally recognized appraisal standards including the Uniform Appraisal Standards for Federal Land Acquisition. The landowner shall pay the cost of the appraisals.
(3) Completion of the exchange.--The exchange of lands and interests pursuant to this Act shall be completed not later than 90 days after the Secretary of the Interior approves the appraisals.
(4) Additional terms and conditions.--The Secretaries may require such additional terms and conditions in connection with the exchange of lands and interests pursuant to this Act as the Secretaries consider appropriate to protect the interests of the United States.
SEC. 4. BOUNDARY ADJUSTMENT AND MAPS.
(a) Upon acceptance of title by the Secretary of the Interior of the lands and interests conveyed to the United States pursuant to section 4 of this Act, the boundaries of the Pecos National Historical Park shall be adjusted to encompass such lands. The Secretary of the Interior shall administer such lands in accordance with the provisions of law generally applicable to units of the National Park System, including the Act entitled ``An Act to establish a National Park Service, and for other purposes'', approved August 25, 1916 (16 U.S.C. 1, 2-4).
(b) The map shall be on file and available for public inspection in the appropriate offices of the Secretaries.
(c) Not later than 180 days after completion of the exchange described in section 3, the Secretaries shall transmit the map accurately depicting the lands and interests conveyed to the Committee on Energy and Natural Resources of the United States Senate and the Committee on Resources of the United States House of Representatives.
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By Mr. HARKIN:
S. 2849. A bill to create an independent office in the Department of Labor to advocate on behalf of pension participants, and for other purposes; to the Committee on Health, Education, Labor, and Pensions.
pension participants advocacy office legislation
Mr. HARKIN. Mr. President, I am pleased to introduce the ``Pension Participant Advocacy Act.'' A similar measure is being introduced by Congressman Rob Andrews in the House.
It is no secret that the elderly population in America is growing at an unprecedented rate. In 1996, about one in every eight Americans was age 65 or older--that amounts to 33.9 million Americans. That number is expected to double by 2030.
Generally, people work for three main benefits, their salary or wages, their health care and their pensions. Of the three, most people tend to focus least on their pensions, at least till they near retirement. But, pensions are not only very important, they are highly variable in their generosity.
Ideally, retirement is a three-legged stool. One leg is Social Security. It is run by the federal government. Almost all employees and their employers are required to pay into Social Security. Appropriately, there is a great deal of legislative concern about Social Security, the only funds available to many retirees. Another leg is regular personal savings generally outside of Congress' purview. And, the third is pensions. Millions receive pension benefits and unfortunately millions of others do not.
In the United States, there is no mandatory requirement that an employer provide a pension plan. But, the federal and state governments offer very significant tax benefits to both companies and individuals to entice them to save in a dedicated way for retirement.
Ensuring a secure retirement for all Americans is more than just a goal. It's a fiscal necessity. We know from experience that a strong pension system drastically eases the demands on our social safety net. So, year after year, our government invests a large chunk of taxpayer money, revenues not collected, to promote pensions.
But while the Federal government has invested huge sums by forgiving and deferring taxes to entice investments in pensions, there has been limited review of how well the system is treating average workers and retirees. But, unfortunately, there are not comparably large and sophisticated groups who speak for average workers.
Another problem is the very structure of the federal pension bureaucracy. Nobody has the assigned job of generally looking out for the pension participant. Yes, the Pension Benefits Guaranty Corporation does provide benefits to participants when their plans go bankrupt. The Treasury and the IRS have the responsibility to make sure that the pension laws in the Tax Code are fairly followed. But that is not their focus. The Department of Labor has considerable pension responsibility. But, their first focus is on the proper management of pension plans' funds. And, the needs of the participants are sometimes in conflict with the financial health of pension plans. In recent years, the Congress has funded programs where pension participants, employees or retirees, can ask some basic questions. But, there is a lack of any systematic effort to uncover unfortunate or abusive practices. Let's look at two pension problems I have recently tried to resolve.
Mr. President, as I wrote to the Department of Labor and Treasury this past January, lump sum payments continue to deplete Americans' pension payments by up to 50% with very little disclosure. Employers give new retirees a sheet of paper with two numbers on it--a small, monthly amount and a large, lump sum payment. Imagine getting that piece of paper. Which one would you take? Despite our disclosure law, many employers will not tell you that the larger number actually equals half the value of the smaller number over time.
This has been going on for years, and who has spoken up for the participants? The Departments of Labor and Treasury took four months to respond to my letter. If that is the kind of response a Senate office gets, where can pension participants turn when their livelihood depends upon getting answers? Let me tell you the story of Paul Schroeder, a 44-year old engineer who has worked for Ispat Inland, Inc, an East Chicago steel company, for 19 years. When the company converted to a cash balance plan, Paul calculated that his benefits would level off for as long as 13 years. The company would be putting no money into his pension for over a decade.
Meanwhile, new workers at the company would get added pension benefits with each pay check. This is called the ``wear away'' system. It is the period in which the cash balance benefit catches up to the value of the old plan benefit. Apparently, this practice is legal because of one sentence that was quietly inserted into an unrelated Treasury regulation just before it was approved in 1991. The EEOC is just now undergoing a detailed study to see if these plans violate age discrimination laws. After almost a decade of older employees having their pension assets frozen indefinitely, I ask you: who advocated on their behalf?
I only learned about this issue from a group of IBM employees who spent months clamoring to get our attention here in Congress. Those employees told their story to anyone who would listen. But when pension proposals don't affect the well-connected, who speaks for the participants?
I have introduced legislation that has received 47 votes in the Senate to provide for payments and I will try to pass it again. But, we should not need to pass a new law. The existing laws against age discrimination should have clicked in. For years, nobody was looking.
The bottom line is that no government agency is really looking out for the interests of pensioners. There are a few private organizations that are desperately trying to protect pension rights. But they're underfunded, scattered around the country, and easily overpowered by the better funded, better organized groups.
That is why I am proposing legislation to create an office whose specific function is to advocate for the rights of pensioner participants, both when they are employees and when they are retired. Our nation's seniors depend on their pensions to keep them afloat in retirement, and Social Security was never meant to do it alone. As the elderly population grows, it is in our nation's economic interest to ensure that pension legislation focuses on the best interests of participants.
Mr. President, The Office of Pension Participant Advocacy created in this bill would:
Actively seek out information and suggestions on pension policies and on Federal agencies which affect pension participants.
Evaluate the efforts of Federal agencies, businesses and industry to assist pension participants.
Identify significant problems faced by employees and retirees,
Make annual recommendations documenting significant pension problems and recommending legislative and regulatory solutions.
And examine existing pension plans and determine the extent to which current law serves pensioners in those plans.
Mr. President, we have a strong economy. But we also have an obligation to save a place at the table for those who made it strong. Our nation's pensioners deserve a say in the policies that determine their livelihood. They deserve the right to have their interests represented.
In the last 25 years, the Employee Retirement Income Security Act, commonly known as ERISA has been extremely successful, but it has created a complex web of pension law that gives authority to multiple agencies with no central place people can turn to for help. Time and time again, the needs of pension participants are ignored, and the pensioners who don't have the time or the resources to navigate the web of pension authority are weeded out.
We need one central place where pension participants can turn to when problems arise. We need one place in government whose sole obligation is to look out for the general pension interests of employees and retirees concerning their pensions. We need an office that will be an advocate for pension participants. For that reason, I urge my colleagues to join me in supporting this critical legislation.
Mr. President, I ask unanimous consent that a copy of the bill be printed in the Record.
There being no objection, the bill was ordered to be printed in the Record, as follows:
S. 2849
Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,
SECTION 1. OFFICE OF PENSION PARTICIPANT ADVOCACY.
(a) In General.--Title III of the Employee Retirement Income Security Act of 1974 (29 U.S.C. 3001 et seq.) is amended by adding at the end the following:
``Subtitle D--Office of Pension Participant Advocacy
``SEC. 3051. OFFICE OF PENSION PARTICIPANT ADVOCACY.
``(a) Establishment.--
``(1) In general.--There is established in the Department of Labor an office to be known as the `Office of Pension Participant Advocacy'.
``(2) Pension participant advocate.--The Office of Pension Participant Advocacy shall be under the supervision and direction of an official to be known as the `Pension Participant Advocate' who shall--
``(A) have demonstrated experience in the area of pension participant assistance, and
``(B) be selected by the Secretary after consultation with pension participant advocacy organizations. The Pension Participant Advocate shall report directly to the Secretary and shall be entitled to compensation at the same rate as the highest rate of basic pay established for the Senior Executive Service under section 5382 of title 5, United States Code.
``(b) Functions of Office.--It shall be the function of the Office of Pension Participant Advocacy to--
``(1) evaluate the efforts of the Federal Government, business, and financial, professional, retiree, labor, women's, and other appropriate organizations in assisting and protecting pension plan participants, including--
``(A) serving as a focal point for, and actively seeking out, the receipt of information with respect to the policies and activities of the Federal Government, business, and such organizations which affect such participants,
``(B) identifying significant problems for pension plan participants and the capabilities of the Federal Government, business, and such organizations to address such problems, and
``(C) developing proposals for changes in such policies and activities to correct such problems, and communicating such changes to the appropriate officials,
``(2) promote the expansion of pension plan coverage and the receipt of promised benefits by increasing the awareness of the general public of the value of pension plans and by protecting the rights of pension plan participants, including--
``(A) enlisting the cooperation of the public and private sectors in disseminating information, and
``(B) forming private-public partnerships and other efforts to assist pension plan participants in receiving their benefits,
``(3) advocate for the full attainment of the rights of pension plan participants, including by making pension plan sponsors and fiduciaries aware of their responsibilities,
``(4) give priority to the special needs of low and moderate income participants, and
``(5) develop needed information with respect to pension plans, including information on the types of existing pension plans, levels of employer and employee contributions, vesting status, accumulated benefits, benefits received, and forms of benefits.
``(c) Reports.--
``(1) Annual report.--Not later than December 31 of each calendar year, the Pension Participant Advocate shall report to the Committees on Education and the Workforce and Ways and Means of the House of Representatives and the Committees on Health, Education, Labor, and Pensions and Finance of the Senate on its activities during the fiscal year ending in the calendar year. Such report shall--
``(A) identify significant problems the Advocate has identified,
``(B) include specific legislative and regulatory changes to address the problems, and
``(C) identify any actions taken to correct problems identified in any previous report.The Advocate shall submit a copy of such report to the Secretary and any other appropriate official at the same time it is submitted to the committees of Congress.
``(2) Specific reports.--The Pension Participant Advocate shall report to the Secretary or any other appropriate official any time the Advocate identifies a problem which may be corrected by the Secretary or such official.
``(3) Reports to be submitted directly.--The report required under paragraph (1) shall be provided directly to the committees of Congress without any prior review or comment than the Secretary or any other Federal officer or employee.
``(d) Specific Powers.--
``(1) Receipt of information.--Subject to such confidentiality requirements as may be appropriate, the Secretary and other Federal officials shall, upon request, provide such information (including plan documents) as may be necessary to enable the Pension Participant Advocate to carry out the Advocate's responsibilities under this section.
``(2) Appearances.--The Pension Participant Advocate may represent the views and interests of pension plan participants before any Federal agency, including, upon request of a participant, in any proceeding involving the participant.
``(3) Contracting authority.--In carrying out responsibilities under subsection (b)(5), the Pension Participant Advocate may, in addition to any other authority provided by law--
``(A) contract with any person to acquire statistical information with respect to pension plan participants, and
``(B) conduct direct surveys of pension plan participants.''
(b) Conforming Amendment.--The table of contents for title III of such Act is amended by adding at the end the following:
``Subtitle C--Office of Pension Participant Advocacy
``3051. Office of Pension Participant Advocacy.''
(c) Effective Date.--The amendment made by this section shall take effect on January 1, 2001.
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By Mr. MOYNIHAN:
S.J. Res. 49. A joint resolution recognizing Commodore John Barry as the first flag officer of the United States Navy; to the Committee on Armed Services.
john barry, first flag officer of the united states navy
Mr. MOYNIHAN. Mr. President, today I rise to introduce a joint resolution, recognizing Commodore John Barry as the first flag officer of the United States Navy. Commodore Barry had been described as the
``Father of the American Navy'' by his contemporaries for his unfailing service to the United States Navy. The Commodore, born in Tacumshin Parish in County Wexford, Ireland and son to a poor Irish farmer, began his maritime career at an early age. He rose through the ranks and, at the outset of the American Revolution, was made responsible for outfitting the first Continental Navy ships. On March 14, 1776, the Marine Committee awarded Barry with a Captain's commission to the Continental Navy and his first warship, the brig Lexington. In his first conflict at sea with this ship, the Commodore brought the fledgling Navy its first victory at sea and captured the Edward, a British tender. Barry reported to the Congress, ``This victory had a tremendous psychological effect in boosting American morale, as it was the first capture of a British warship by a regularly commissioned American cruiser.''
While awaiting the completion of his second warship, the Effingham, Barry enlisted as a soldier in the Continental Army and served under General John Cadwalader, fighting in the Battles of Trenton and of Princeton. But it was not until his return to the Navy that the Commodore fought his most famed battle. Aboard the 36-gun frigate Alliance, Barry put up a brilliant defense against two British sloops, the Atlanta and the Tresspassy. In his crusade, he was badly wounded in his shoulder and lost a large volume of blood. His second-in-command reported that the ship was in a desperate condition and recommended that the ship surrender. But the Commodore refused. He said, ``If this ship cannot be fought without me, I will be brought on deck!'' Broken and bandaged, Commodore Barry continued forward with the battle. After almost four hours, the Atlanta and the Tresspassy surrendered.
The Commodore's final battle in the American Revolution was also the final sea battle of the Continental Navy. Aboard the Alliance, Barry escorted the Duc De Sauzon, a ship carrying Spanish silver, and warded off the Royal Navy's Sybil, protecting the vital cargo destined for the Continental Congress. Even after his retirement from battle, Barry's contributions to the Navy continued. In 1797, President Washington invited Barry to receive Commission Number One in the Navy. His new position placed him in charge of the new Navy and oversight of the construction and outfitting of its first frigates. The U.S.S. United States and the U.S.S. Constitution were both built under his command.
Commodore John Barry served as Commodore under Presidents Washington, Adams and Jefferson until he died in 1803.
Before he died, the Commodore wrote a Signal Book for the Navy, which provided a practical means of communication between ships. He also suggested creating the Department of the Navy, a separate Cabinet position from the Secretary of War. This vision was realized in 1798 with the creation of the United States Department of the Navy. Most importantly, Barry was responsible for training many Naval heros of the War of 1812.
It is with great honor and pride that I introduce this joint resolution, recognizing Commodore John Barry, a fellow Irishman and Naval Officer, as the first flag officer of the United States Navy.
Mr. President, I ask unanimous consent that the text of the resolution be printed in the Record.
There being no objection, the resolution was ordered to be printed in the Record, as follows:
S.J. Res. 49
Whereas John Barry, American merchant marine captain and native of County Wexford, Ireland, volunteered his services to the Continental Navy and was assigned by the Continental Congress as Captain of the Lexington, taking command of that vessel on March 14, 1776, and soon afterward gave to American liberty its first victory at sea with the capture of the Royal Navy sloop Edward;
Whereas Captain John Barry was principally responsible for organizing the crossing of the Delaware River which led directly to General George Washington's victory at Trenton during Christmas 1776, a victory in which Captain Barry also served actively as a combatant;
Whereas Captain John Barry rejected British General Lord Howe's flattering offer to desert Washington and the patriot cause, stating: ``Not the value and command of the whole British fleet can lure me from the cause of my country.'';
Whereas Captain John Barry, while in command of the frigate Alliance, successfully transported French gold to America to finance the War for America Independence, and also won the last sea battle of that war by defeating the HMS Sybille on March 10, 1783;
Whereas when the First Congress, acting under the new Constitution, authorized the raising and construction of the United States Navy, it was to Captain John Barry that President George Washington turned to build and lead the new nation's infant Navy;
Whereas on February 22, 1797, President Washington personally conferred upon Captain John Barry, by and with the advice and consent of the Senate, the rank of Captain, with
``Commission No. 1'', United States Navy, dated June 4, 1794;
Whereas it was as Commodore of the Navy that John Barry built and first commanded the United States Navy and the squadron which included his flagship the USS United States and USS Constitution (``Old Ironsides'');
Whereas John Barry served at the head of the United States Navy (the equivalent of the current position of Chief of Naval Operations), with the title of ``Commodore'' (in official correspondence) under Presidents Washington, Adams, and Jefferson;
Whereas Commodore John Barry is recognized, with General Stephen Moylan, in the Statue of Liberty museum as one of the six foreign-born great leaders of the War for Independence;
Whereas pursuant to resolutions of Congress, ``Commodore John Barry Day'' was proclaimed for September 13, 1982, by President Reagan and for September 13, 1991, and September 13, 1992, by President Bush; and
Whereas in recognition of the historic role and achievements of Commodore John Barry, and of the sentiments of Navy and Merchant Marine veterans, of Irish-Americans, and of the patriotic population generally that United States history be properly told and heroes of the United States be properly honored: Now, therefore, be it
Resolved by the Senate and House of Representatives of the United States of America in Congress assembled, That Commodore John Barry is recognized (effective as of February 22, 1797), and is hereby honored as the first flag officer of the United States Navy.
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