I
106TH CONGRESS
2D SESSION
H. R. 4820
To create an independent office in the Department of Labor to advocate
on behalf of pension participants, and for other purposes.
IN THE HOUSE OF REPRESENTATIVES
JULY 11, 2000
Mr. ANDREWS (for himself, Mr. CLAY, Mr. ROMERO-BARCELO´, and Mrs.
MCCARTHY of New York) introduced the following bill; which was re-
ferred to the Committee on Education and the Workforce
A BILL
To create an independent office in the Department of Labor
to advocate on behalf of pension participants, and for
other purposes.
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled,
SECTION 1. OFFICE OF PENSION PARTICIPANT ADVOCACY.
(a) IN GENERAL.—Title III of the Employee Retire-
ment 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 di-
rectly to the Secretary and shall be entitled to com-
pensation at the same rate as the highest rate of
basic pay established for the Senior Executive Serv-
ice under section 5382 of title 5, United States
Code.
‘‘(b) FUNCTIONS OF OFFICE.—It shall be the func-
tion of the Office of Pension Participant Advocacy to—
‘‘(1) evaluate the efforts of the Federal Govern-
ment, 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 ac-
tively seeking out, the receipt of information
with respect to the policies and activities of the
Federal Government, business, and such organi-
zations which affect such participants,
‘‘(B) identifying significant problems for
pension plan participants and the capabilities of
the Federal Government, business, and such or-
ganizations to address such problems, and
‘‘(C) developing proposals for changes in
such policies and activities to correct such prob-
lems, and communicating such changes to the
appropriate officials,
‘‘(2) promote the expansion of pension plan cov-
erage and the receipt of promised benefits by in-
creasing 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 informa-
tion, and
‘‘(B) forming private-public partnerships
and other efforts to assist pension plan partici-
pants 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 em-
ployee contributions, vesting status, accumulated
benefits, benefits received, and forms of benefits.
‘‘(c) REPORTS.—
‘‘(1) ANNUAL REPORT.—Not later than Decem-
ber 31 of each calendar year, the Pension Partici-
pant 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 Fi-
nance of the Senate on its activities during the fiscal
year ending in the calendar year. Such report
shall—
‘‘(A) identify significant problems the Ad-
vocate has identified,
‘‘(B) include specific legislative and regu-
latory 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 Partici-
pant 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 Sec-
retary or any other Federal officer or employee.
‘‘(d) SPECIFIC POWERS.—
‘‘(1) RECEIPT
OF
INFORMATION.—Subject to
such confidentiality requirements as may be appro-
priate, the Secretary and other Federal officials
shall, upon request, provide such information (in-
cluding plan documents) as may be necessary to en-
able 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 pro-
ceeding involving the participant.
‘‘(3) CONTRACTING
AUTHORITY.—In carrying
out responsibilities under subsection (b)(5), the Pen-
sion 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 con-
tents 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.’’.