Mr. Speaker, I thank the gentlewoman from New York for yielding me this time. Mr. Speaker, today we confront an issue that is absolutely fundamental to the interests of our constituents, to their well-being, and the question of whether or…
Mr. Speaker, I thank the gentlewoman from New York for yielding me this time.
Mr. Speaker, today we confront an issue that is absolutely fundamental to the interests of our constituents, to their well-being, and the question of whether or not they will have the assets to properly retire in the future, and that is because we address the issues of the security of the American pension system.
In the wake of the worst pension scandals in recent history, the response of the Republican congressional leadership is to see no evil, hear no evil and do no good.
Once again, in the shadow of the failures of Enron and Global Crossing, and with the new disclosures about Delta and American Airlines, the Republicans bring forward a pension bill that does nothing to help employees, but includes lucrative benefits for corporate interests. How tone-deaf can they be?
Pension scandals that move from page 3 of the business section to page 1 in every newspaper and magazine of popular nature of this country, but it is still the business as usual for Republicans in Congress. The only problem they see is that the investment companies are making even more money, while pensions and 401(k)s of employees dwindle with less and less.
The pension bill the Republicans want to steamroll through the House today fails to address the pension scandals that have outraged Americans and left so many Americans destitute. It is as though Enron and Global Crossing and these other pension scandals never happened. It is business as usual for business, and let the employees fend for themselves.
The heart of the Republican bill would change the law to allow investment firms for the first time to give biased and conflicted financial advice to employees, something that is currently prohibited under the law. Does this make sense when many of these same investment firms that would be giving the employees this advice just copped a plea to Eliot Spitzer, the New York attorney general, if firms like Credit Suisse, First Boston, Bear Stearns, JP Morgan, Chase, Goldman Sachs and many others just paid out over a billion and a half dollars in committing these kinds of abuses?
Now, I recognize that they do not think they copped a plea, because they said they did not admit any wrongdoing. But they paid $1.5 billion just in case they might have. That $1.5 billion is chump change alongside the hundreds and hundreds of billions of dollars that people lost in their pension plans during the stock market bubble and because of conflicted advice and bad advice.
Now, here we are 2 years after Enron, and we are coming back to simply allow the same thing to happen that
happened in those corporate scandals. It is no wonder that the American public, the small investor is reluctant to return to the stock market. It is no wonder they are reluctant to invest again in mutual funds, because they recognize the devastation that they received at the hands of what was essentially criminal activity. Today, the Republican bill makes that activity legal.
That is why the Attorney General, Eliot Spitzer, of New York said this about this legislation: ``This legislation opens the loophole that will sharply erode, rather than enhance, the safeguards for employees seeking independent and untainted advice about how to invest their retirement savings. Clearly, this bill puts the interests of Wall Street firms far ahead of the interests of millions of working Americans who simply want a fair shake in making sound decisions about their retirement investments.''
That is what the American public is entitled to. That is what the people are entitled to as they contemplate how to provide for their future retirement. That is not what this legislation does. That is not what the Republican legislation proposes. It now says that those firms can provide that conflicted advice to our constituents and to the workers, and that is what we should not allow in this legislation.
Mr. Speaker, I yield myself 8 minutes.
Mr. Speaker, today we will have a choice about what to do on behalf of America's future retirees, the employees of America's corporations and the protection of their pensions. We can do, as has been suggested in the Republican bill, a bill that essentially does nothing for retirees and for employees. What it says is that employees should be offered advice, and then it also suggests that that advice can be conflicted, it can be biased, it can be compromised, because under the current law, if we are given investment advice, we cannot be given conflicted advice.
And yet in the wake of Enron and Global Crossing, the answer to the Republicans is to change the current law to allow advice to be given to employees about their retirement futures but to allow that advice to be conflicted, to allow that advice to be conflicted by the very same institutions that just recently settled for $1.4 billion because they had offered conflicted advice and bad advice to their clients. $1.4 billion, that is what those companies agreed to pay. That does not even begin to speak to the hundreds of billions of dollars that the shareholders lost, that employees lost in their mutual funds, their retirement plans because of those conflicts and that essentially criminal behavior. Yes, the deal was struck for $1.4 billion.
Now along comes the Republicans 2 years after Enron, and they say we are going to give them the right to have advice, but that advice gets to be conflict. How tone deaf can one be? How shocked will the American public be when they find out they took their retirement plans and put them exactly in the hands of people who just copped a plea for a billion and a half dollars for giving people bad advice, maybe illegal advice, almost criminal activity, if the Members will. The Republicans' answer is to take America's retirees and turn them over to those firms.
One has to fail to understand what America saw after Enron, what they saw after the bust in the stock market of their retirement plans being depleted, the same kind of outrage that Americans felt when they saw the CEOs and executive officers of American Airlines guarantee their pensions at the same time they were negotiating several billions in givebacks from pilots and flight attendants and workers. They were shocked when they heard this. So shocked and so bad was the reaction, that the CEO of American Airlines had to resign, and they had to give back their compensation package.
Delta Airlines, going through givebacks of billions of dollars from their workers, secures and guarantees their compensation and pension for the CEOs, where former Delta executives, corporate executives, write Delta and say it is a shameless act, an embarrassing act that they would do this. And yet today, after all of those actions, after that public response to that failure to protect the employees, the reaction of the Congress is to essentially do nothing.
But the Democrats offer a different alternative because I think we are listening to the public and to the employees. Yes, pensions is a dull subject. It has not captured the imagination of all the politicians. But the fact of the matter is it has moved from the back pages of the business section to the cover of every major business magazine and every major business; journal, and Fortune Magazine got it about right and that is the oink factor. How far will these corporate executives go? How far will these pigs go at the trough to grab hold of the assets of a corporation at the same time that they are letting their employees go down the tubes? Yes, it is the oink factor. It is CEO pay, it is guaranteed pension plans.
These captains of capitalists, these crusaders of the capitalist system, what do they want out of the system? They want a guarantee that no matter if the company goes bankrupt, no matter if they run the company into the ground, no matter if the company is successful, they want a guarantee that they will be protected financially forever into the future. That is what they wanted at American Airlines. That is what they wanted at Delta Airlines. That is what they wanted at Enron.
Today, the Republican bill is silent on that greed, on that oink factor.
But the Democratic bill offers something different to the Members of this House, who have heard from their constituents about the devastation of their retirement plans. There is none of us in this House that have not gone to a picnic, have not gone to a family gathering, have not gone to a graduation where people have not said that they are postponing their retirement because the retirement plan is not all they thought it would be, who say their spouse is going to have to work a little longer than they thought, who thought the place they were going to retire to in another State or in the country is not available to them any longer because their retirement plans have been devastated because of the activities of so many corporations.
Today we have a chance to take the oink, to take the oink, out of this pension system. We will be given the opportunity to vote on a substitute to where the problem is when executives loot, as the Delta people tried to loot the pension plan of the Delta workers, but to guarantee and insure their own pension plans. The Republican answer is oink. The answer in the Democratic bill is equity for employees.
As the President said at the beginning of the Enron scandal, what is good for the captain is good for the sailor. But the Republicans in Congress do
not think so, and the Delta executives did not think so 2 years later, where executives lie to their employees and do not provide full disclosure about what the executives are doing with the corporate assets and with the pension assets. Once again, there is nothing in their bill, just a big oink for those executives. We require full disclosure for those employees.
With regard to the conflicts of interest on investment advice, the heart of the Republican bill is to provide that conflicted investment advice to flow to those employees; not independent investment counselors, but the very people who will be earning commissions and fees from the investment of those funds.
The question is, are the American public and employees not entitled to better? These are the same people who will allow corporate executives to dedicate hundreds of thousands of dollars to giving investment advice of all different kinds to the executives of those corporations, but do not want to give that kind of advice or help those people out with respect to advice for the employees.
Finally, with regard to older workers, now with hundreds of companies poised to move from a defined benefit plan to a cash balance plan, where the shorthand is this, that older workers in their fifties who have been with companies 10 or 15 years stand to lose 30 to 50 percent of their retirement assets. This is not speculation, this is what happened last time they did this. We have a bar on them doing that again. This administration wants to remove that bar.
There are hundreds of corporations who are poised to make this conversion, and those employees will lose those pension assets. If you are 50 or 55 years old, there is no place you can go to make that up. But the company thinks that they can loot your pension assets to help out their bottom line.
So there is a stark contrast to be offered to the Members of Congress. There is a stark contrast to be offered to the workers of this country about the protection and the security of America's pensions, about the protection and the security, because that is the issue here today. It is not whether or not employees should have access to conflicted information. That is of no real value to those employees.
Mr. Speaker, I yield 4 minutes to the gentleman from Massachusetts (Mr. Tierney), a member of the committee.
Mr. Speaker, I yield 4 minutes to the gentleman from New Jersey (Mr. Andrews), the senior Democrat on the subcommittee.
(Mr. ANDREWS asked and was given permission to revise and extend his remarks.)
Mr. Speaker, I yield 2 minutes to the gentleman from Arizona (Mr. Grijalva), a member of the committee.
Mr. Speaker, I yield 2 minutes to the gentlewoman from Texas (Ms. Jackson-Lee).
Mr. Speaker, the Democratic substitute that we offer today is based on a very simple principle. It is a principle that we all grew up with. It was a principle that was articulated by the President of the United States just days after the Enron catastrophe when America saw that so many people who worked for Enron were trapped in a system during the meltdown of that company, during the corruption in that company, during the unlawfulness in that company, that they were trapped in that system and unable to protect their retirement while corporate executives in the penthouse suites were unloading stock, getting golden parachutes, getting secured pension plans, getting insured pension plans, having pension plans put into trusts. They took good care of themselves even though they took the company over the edge. But down below, just like in the Titanic, just like in the Lusitania, the poor people were trapped as the ship was going down. They were trapped because of a class system.
That very simple principle that has been articulated by the President was that if it is okay for the sailor, it ought to be okay for the captain. What the President was saying there was those protections that are in place for the executives should have been in place for the employees, that employees' pensions ought to be treated as executive pensions are treated.
We grew up with this. Our parents told us when you got into a fight with our brothers and sisters and maybe it did not go our way, they said, ``What's good for the goose is good for the gander.'' What is good for the captain is good for the sailor. We have said it to our spouse, we have said it to our children, we have said it to our partners in business, we have said it to our staff. It is about fairness.
What the Democratic alternative recognizes is the basic dignity of the American worker and the right of that worker to control the pension plan, which is their money. This is money that was given to them for the work that they gave to the corporation. It was figured out by the corporation, how much they would pay them an hour, how much they would give them in health care, how much they would give them in pension benefits, and they went to work for them. When they gave it to them each month, it is theirs. But now they do not want to have them have any control over it. They do not want them to have the same protections as the corporate elite. They do not want them to have the same rights as those individuals. Why?
Enron was not just built on the back of Ken Lay. Big parts of that company were built on the utility workers in the Pacific Northwest, the pipeline workers in the Southwest, the power plant workers in California and everybody in between. Why were they not entitled to these protections? Why were they not entitled to these rights?
But the Republican bill today, as the Republican bill last year, keeps in place that class system, that the corporate elites will get taken care of, these great captains of capitalists, these crusaders of the free enterprise system, the people who come to Congress and talk about risk, that they take risk. What we now see is the CEO of Delta Airlines, we see the CEO of American Airlines, we see the CEOs of so many companies and the board of directors, they do not want any risk, they want their compensation guaranteed, they want their golden parachute guaranteed, and they want their pension plan guaranteed. Even if they drive the company into the ground, even if they take it into bankruptcy, they will be protected.
That is what has so incensed the American public, and the pilots, and the flight attendants, and the machinists, and the workers at American Airlines that they were willing to risk their whole future to say, that is unfair. And America recognized it like that, Wall Street recognized it like that, and the chairman of American Airlines resigned, admitting that he had made a tragic mistake in being so selfish on behalf of the board of directors and himself at a time he was asking workers to give back billions of dollars.
So what do we say? We say that workers are entitled to advice about the selling and the coming and going in the corporate suites when they are selling their stock because they do not think the corporation is doing so well; we are entitled to know that on those inside sales. We say that workers are entitled, if they have their pensions guaranteed, that the crew, the workers, will have their pensions guaranteed just like the people in the corporate suites. We are saying for those workers, that they should be represented on the boards of the retirement plan so that they will have the information, because as we saw in Enron, the executive representative on the retirement plan, the captain, so to speak, never told the crew that she was selling her stock because she had investment advice to get out of the company. Those people lost their fortune. She walked away with hundreds and hundreds of thousands of dollars because she did not tell them.
We are simply saying, you must tell them, that you must be on the board so you have a chance. That is what this bill does. It is about the equity for the worker, it is about the dignity of the worker, and it is about the rights of the worker to be protected.
They say this will cause trouble in corporations, this will cause concern. A little democracy? A little democracy in the corporation? A little recognition that the corporate body is more than just the CEOs and the executives, that it is also the workers? That causes concern?
Ladies and gentlemen, that is what we are talking about spreading to the rest of the world, the free enterprise system. We are talking about spreading the democratic system. But somehow when it comes to carving up billions of dollars, we cannot have too much democracy in the workplace.
It is simply unfair to the workers. This bill also closes a loophole of having conflicted advice that the Republican bill opens for the first time, and this bill responds to the concerns of the Attorney General of New York, who just settled a case for $1.4 billion, when he said that this bill would open up a huge loophole, a huge loophole for conflicted advice, and put at risk the pensions of these individuals, that this bill goes too far. That conflicted advice, Jane Bryant Quinn, the financial columnist in Newsweek magazine, says they might as well give their money to an Olympic ice-skating judge as give it to this conflicted advice. These are the very same people who just agreed to pay a $1.4 billion fine for their activity. They did not admit that they did anything wrong, but they put up $1.4 billion. We have got to understand that we cannot turn the pension assets, the retirement assets of those workers over to those individuals. The workers in this country and their families and their future and their children and their retirement plans deserve better. They deserve the Democratic substitute.
Mr. Speaker, the suggestion again has been made on the other side of the aisle that somehow this would be a burden or somehow this would be complex if we required that workers be treated the same as executives.
They do very complex things in the corporate suites. They create various accounts to pay for the pension benefit of executives. They go out and buy various insurance schemes to pay for the benefit of executives. They create special tax treatment. They come to Congress and get special tax treatment for the pension plans of executives. All very complex. But at the end of the day, it means that that executive will know, no matter what happens to that company, that they and their family and their children will be protected forever into the future because it will be outside of the bankruptcy, it will be outside of the corporate failure.
So complexity is not a problem when the executives want to protect their income. They have been doing it for years. But somehow now to say that we ought to send notice, send an e-mail to your employees and tell them that the president is selling 100,000 shares, that the President is doing an inside deal on a stock option, send an e-mail, you send them all day long, there is nothing complex about it, you type it out and push send; it is not complex. But they do not want the employees to know this. That is why so many people have been trapped in the financial collapse of these companies.
In the middle of the negotiations with the flight attendants, the pilots, the machinists, the ramp workers, when American Airlines was asking those people for $2.3 billion in givebacks from their vacation time, from their pay, from their health benefits, give it back to help the company fly, they were secretly, quietly and in a very complex fashion protecting and guaranteeing hundreds of millions of dollars in compensation for the executives; and they got caught. Once the light was shined on them, they scrambled like rats for the door, because they knew they could not sustain it; and the CEO resigned and they had to give back the compensation package, and then the flight attendants and others agreed to try to help the company stay out of bankruptcy.
That is all this bill does. It says that you ought to know about that when they are negotiating your union contract, what they are doing for the executives. That is why the pension story today is no longer a back-page story. That is why it is on the cover of Fortune Magazine, not exactly a left-wing journal. But Fortune Magazine captured the context when it said oink, the pigs in the suits are jeopardizing your corporation, your compensation and your pension plans. Oink.
Earlier, Fortune Magazine asked America, is your retirement at risk, and why? Because of what is going on in terms of corporate financial gimmickry. It is why millions and millions of Americans have left the stock market and why the stock market laments that they have not returned. They do not have confidence in this system. They do not have confidence in this system any longer. They understand it is rigged on Wall Street against them and it is rigged in the Congress of the United States against them.
Where do these families go to get justice? Where do these families go to get equity? Where do these families go to get fairness, if they cannot come to the Congress of the United States?
So now what we say in the Republican bill is we are going to give them additional advice about what to do with their savings, and we are going to give that advice from the very same people that just had an out-of-court settlement of $1.4 billion because they lied to their clients. They had financial arrangements that prevented them from being independent. They had financial arrangements, so they misrepresented how a stock was doing, how a company was doing, because they were getting fees, they were getting commissions, they were getting percentages of deals. Those are the very same people the Republicans say now that Mr. and Mrs. Jones and Mr. and Mrs. Smith ought to go to and trust that they are going to give them independent advice.
The Democratic bill says you can go to those people, you can make them available, but you also must make an independent adviser available to these people as they plan for their retirements.
When things go wrong for people in their retirement plans, as they did over the last couple of years, and you are 50 or 55 years old, you do not have much chance to make it up.
Again, we have all heard from our constituents about people who thought they were going to retire a year ago, a year and a half ago. From Pacific Gas and Electric, the Portland company, not the California one, a person came before our committee, the Committee on Education and the Workforce, who had $650,000 in Enron stock. He and his wife bought a small farm that they were going to use to run a care center for retarded children. By the time they got to our committee, he had $6,000 in stock. He is 60 years old. Where does he go to get back his money? Where does he go to get made whole?
Well, unless we want that to happen to another generation of workers planning for their retirement, planning for their families, unless we want that to happen again, we have got to support the Democratic substitute, because it is about justice, it is about fairness and it is about getting away from the conflicted advice, from the manipulation, from the dishonesty, from the criminal activity of the financial markets.
Mr. Speaker, $7 trillion was lost in the markets, $7 trillion. These are the people who want to take you out of Social Security and put you into that market. Social Security did not lose a dime. Wall Street lost $7 trillion, and hundreds and thousands and millions of Americans had their entire retirement future changed overnight.
We thought, well, that is the free enterprise system. That is the market system. But what we find out now every day is, no, like the California energy crisis, that was a manipulated system, that was a dishonest system, that was a criminal system.
All the Democratic bill says is give people some notice, give people some rights, give people control over their money so they can escape the ship. The CEOs, the board presidents, the presidents of companies, they are heading for the lifeboats. They do not even have the decency to hit the alarm bell to tell you the ship is going down.
We say at least you have to sound the alarm and tell the workers that they may want to jump too. That is the decent thing to do if you care about your workers, if you respect them, if you appreciate what they have done for the corporations. But that is not what is going on in America today, and that is not what will go on in America under the Republican bill.
Mr. Speaker, you must vote for the Democratic substitute if you believe that workers and their families are entitled to the decent protections for their retirement funds. I urge Members to vote for the Democratic substitute.
Mr. Speaker, I offer a motion to recommit.
I am, Mr. Speaker.
Mr. Speaker, this motion to recommit provides that workers with 10 years of service with a company would have the choice of whether or not to accept a cash balance retirement plan or a defined benefit plan when a corporation decides that they want to switch from a defined benefit plan to a cash balance plan.
We do nothing about the corporation's right to do so. That is simply up to the corporations. Many corporations are doing this in an attempt to save money. The question that my colleagues must answer is should they be able to save that money by dramatically jeopardizing the retirement nest egg and the retirement benefits of older workers in that corporation.
The last time corporations did this before the moratorium, workers lost somewhere up to 50 percent. Last time, according to the GAO, older workers lost up to 50 percent of their retirement benefits. Individuals that were 50, 55, 60 years old, they had no ability to recapture those benefits. They could not work long enough. They could not make enough money. They could not save enough in those jobs.
The question is whether we will allow them the election. Secretary Treasurer Snow said that when he was chairman of the board at CSX Corporation, he recommended and the corporation did this because it was fair. He reminded us that when Congress switched its retirement plan, we allowed every Member in Congress at that time to have an election. He said that was the fair thing to do.
He said when he was on the board of Verizon, that he insisted that they allow workers to have a choice in that plan to see which one they would do better under. The company could save the money for all new workers, and older workers would be made whole.
The gentleman from Ohio will tell my colleagues that some 500 corporations have converted, and they have made workers whole. That is because that is the law. They are changing the law. They will no longer be required to do that under the law.
When Jesse James and Billy the Kid and Bonnie and Clyde stole the life savings of people in this country, we hunted them down like dogs. Right now there are 300 corporations that have filed notice all over the country, all different sizes, affecting thousands of workers, that they are going to convert immediately upon the new Treasury ruling to a cash balance system. The question is whether or not we will protect these people against having their retirement benefits looted.
After a person gives this kind of service to a company, and they are too old to recoup it, they ought to make sure that they do not lose that benefit. That is what this amendment does, and I am going to tell my colleagues, for those who do not think this will affect them, several years ago we had this operation before the moratorium, IBM, Kodak and others, and it blew up. On a bipartisan vote of over 300 Members of Congress, we sought to end that practice.
The Clinton administration put on a moratorium. Those companies ended up giving their workers an election. It is the just and fair thing to do. There is no other remedy other than this amendment for those workers if the Treasury Department decides, as their original proposal did, that it did not matter whether we gave workers a choice or not.
Mr. Speaker, I yield to the gentleman from Illinois (Mr. Emanuel).
(Mr. EMANUEL asked and was given permission to revise and extend his remarks.)
Mr. Speaker, on that I demand the yeas and nays.
Mr. Speaker, on that I demand the yeas and nays.