[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.
____________________