[Congressional Record Volume 146, Number 88 (Tuesday, July 11, 2000)]
[Senate]
[Pages S6474-S6477]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




          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.
                                 ______
                                 
      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

[[Page S6475]]

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.

[[Page S6476]]

     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.
                                 ______
                                 
      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;

[[Page S6477]]

       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.

                          ____________________