Member of Congress

Russell Feingold

Role
Former Senator
State
WI
Party
Democrat

Speeches

SENATE RESOLUTION 78--DESIGNATING APRIL 2007 AS "NATIONAL AUTISM AWARENESS MONTH" AND SUPPORTING EFFORTS TO INCREASE FUNDING FOR RESEARCH INTO THE CAUSES AND TREATMENT OF AUTISM AND TO IMPROVE...2007-02-13

Mr. FEINGOLD

Mr. FEINGOLD. Mr. President, I am pleased to again submit a measure to begin to address one of the central problems our Nation faces, namely the loss of family-supporting jobs because of our flawed trade policies. Today's announcement that the U.S. trade deficit for 2006 rose to $764 billion, setting a record for the fifth consecutive year, is a stark reminder of just how seriously flawed our trade policies are. Those policies have far reaching consequences, and they require a multifaceted response. One response must be to take on the trade deficit directly, and I have been pleased to join the Senator from North Dakota, Mr. Dorgan, to do just that. But we also must change the agreements into which we enter with our trading partners. The record of the major trade agreements into which our Nation has entered over the past few years has been dismal. Thanks in great part to the flawed fast track rules that govern consideration of legislation implementing trade agreements, the United States has entered into a number of trade agreements that have contributed to the significant job loss we have seen in recent years, and have laid open to assault various laws and regulations established to protect workers, the environment, and our health and safety. Indeed, those agreements undermine the very democratic institutions through which we govern ourselves. The loss of jobs, especially manufacturing jobs, to other countries has been devastating to Wisconsin, and to the entire country. When I opposed the North American Free Trade Agreement, the Uruguay round of the General Agreement on Tariffs and Trade, Permanent Normal Trade Relations for China, and other flawed trade measures, I did so in great part because I believed they would lead to a significant loss of jobs. But even as an opponent of those agreements, I don't think I could have imagined just how bad things would get in so short a time. The trade policy of this country over the past several years has been appalling. The trade agreements into which we have entered have contributed to the loss of key employers, ravaging entire communities. But despite that clear evidence, we continue to see trade agreements being reached that will only aggravate this problem. This has to stop. We cannot afford to pursue trade policies that gut our manufacturing sector and send good jobs overseas. We cannot afford to undermine the safeguards we have established for workers, the environment, and our public health and safety. And we cannot afford to chip way at our democratic heritage by entering into trade agreements that supercede our right to govern ourselves through open, democratic institutions. The legislation I am introducing today addresses this problem, at least in part. It establishes some minimum standards for the trade agreements into which our Nation enters. It sets forth principles for future trade agreements. It is a break with the so-called NAFTA model, and instead advocates the kinds of sound trade policies that will spur economic growth and sustainable development. The principles set forth in this resolution are not complex. They are straightforward and achievable. The resolution calls for enforceable worker protections, including the core International Labor Organization standards. It preserves the ability of the United States to enact and enforce its own trade laws. It protects foreign investors, but states that foreign investors should not be provided with greater rights than those provided under U.S. law, and it protects public interest laws from challenge by foreign investors in secret tribunals. It ensures that food entering into our country meets domestic food safety standards. It preserves the ability of Federal, State, and local governments to maintain essential public services and to regulate private sector services in the public interest. It requires that trade agreements contain environmental provisions subject to the same enforcement as commercial provisions. It preserves the right of Federal, State, and local governments to use procurement as a policy tool, including through Buy American laws, environmental laws such as recycled content, and purchasing preferences for small, minority, or women-owned businesses. It requires that trade negotiations and the implementation of trade agreements be conducted openly. These are sensible policies, and will advance the goal of increased international commerce. The outgrowth of the major trade agreements into which we have entered has been a race to the bottom in labor standards, environmental standards, health and safety standards, in nearly every aspect of our economy. A race to the bottom is a race in which even the winners lose. For any who doubt this, I invite you to ask the families in Wisconsin who have watched their jobs move to China. We can't let this continue to happen. We need to turn our trade policies around. We need to pursue trade agreements that will promote sustainable economic growth for our Nation and for our trading partners. This resolution will begin to put us on that path, and I urge my colleagues to support it.

View in Record
EXECUTIVE SESSION2007-02-08

Mr. FEINGOLD

Mr. FEINGOLD. Mr. President, I voted for GEN George W. Casey, Jr., to be U.S. Army Chief of Staff. While questions have been raised about General Casey's performance as U.S. commander in Iraq, I do not believe the general can be held responsible for the failures of a policy devised at the highest levels of this administration. But my vote to confirm General Casey does not change my opposition to the President's policies in Iraq. The President has made the wrong judgment about Iraq time and again, first by taking us into war on a fraudulent basis, then by keeping our brave troops in Iraq, and now by sending 21,500 more American troops into harm's way. The indefinite presence of U.S. military personnel in Iraq will not fix that country's political problems. And as we have seen over the last few years, sending more troops will not provide the stability in Iraq that can only come from a political agreement. Congress must develop the courage to confront this President on what has become one of the greatest foreign policy mistakes in our history.

View in Record
STATEMENTS ON INTRODUCED BILLS AND JOINT RESOLUTIONS2007-02-08

Mr. FEINGOLD

Mr. FEINGOLD. Mr. President, today I am offering a measure which could serve as a first step towards eliminating the inequities borne by the dairy farmers of Wisconsin and the upper Midwest under the Federal Milk Marketing Order system. The Federal Milk Marketing Order system, created nearly 60 years ago, establishes minimum prices for milk paid to producers throughout various marketing areas in the U.S. For 60 years, this system has discriminated against producers in the Upper Midwest by awarding a higher price to dairy farmers in proportion to the distance of their farms from areas of high milk production, which historically have been the region around Eau Claire, WI. My legislation is very simple. It identifies the single most harmful and unjust feature of the current system, and corrects it. Under the current archaic law, the price farmers receive for fluid milk is higher the further they are from the Eau Claire region of the Upper Midwest. This provision originally was intended to guarantee the supply of fresh milk from the high production areas to distant markets in an age of difficult transportation and limited refrigeration. But the situation has long since changed and the provision persists to the detriment of the Wisconsin farmers even though most local milk markets do not receive any milk from Wisconsin. The bill I introduce today would prohibit the Secretary of Agriculture from using distance or transportation costs from any location as the basis for pricing milk, unless significant quantities of milk are actually transported from that location into the recipient market. The Secretary will have to comply with the statutory requirement that supply and demand factors be considered as specified in the Agricultural Marketing Agreement Act when setting milk prices in marketing orders. The fact remains that single-basing-point pricing simply cannot be justified based on supply and demand for milk both in local and national markets and the changing pattern of U.S. milk production. This bill also requires the Secretary to report to Congress on specifically which criteria are used to set milk prices. Finally, the Secretary will have to certify to Congress that the criteria used by the Department do not in any way attempt to circumvent the prohibition on using distance or transportation cost as basis for pricing milk. This one change is vitally important to Upper Midwest producers, because the current system has penalized them for many years. The current system is a double whammy to Upper Midwest dairy farmers--it both provides disparate profits for producers in other parts of the country and creates artificial economic incentives for milk production. As a result, Wisconsin producers have seen national surpluses rise, and milk prices fall. Rather than providing adequate supplies of fluid milk, the prices often lead to excess production. The prices have provided production incentives beyond those needed to ensure a local supply of fluid milk in some regions, leading to an increase in manufactured products in those marketing orders. Those manufactured products directly compete with Wisconsin's processed products, eroding our markets and driving national prices down. The perverse nature of this system is further illustrated by the fact that since 1995, some regions of the U.S., notably the central States and the Southwest, are producing so much milk that they are actually shipping fluid milk north to the Upper Midwest. The high fluid milk prices have generated so much excess production that these markets distant from Eau Claire are now encroaching upon not only our manufactured markets, but also our markets for fluid milk, further eroding prices in Wisconsin. The market-distorting effects of the fluid price differentials in Federal orders are shown by a previous Congressional Budget Office analysis that estimated that the elimination of orders would save $669 million over five years. Government outlays would fall, CBO concluded, because production would fall in response to lower milk prices and there would be fewer government purchases of surplus milk. The regions that would gain and lose in this scenario illustrate the discrimination inherent to the current system. Economic analyses showed that farm revenues in a market undisturbed by Federal orders would actually increase in the Upper Midwest and fall in most other milk-producing regions. While this system has been around since 1937, the practice of basing fluid milk price differentials on the distance from Eau Claire was formalized in the 1960's, when the Upper Midwest arguably was the primary reserve for additional supplies of milk. The idea was to encourage local supplies of fluid milk in areas of the country that did not traditionally produce enough fluid milk to meet their own needs. That is no longer the case. The Upper Midwest is no longer the primary source of reserve supplies of milk. Unfortunately, the prices didn't adjust with changing economic conditions, most notably the shift of the dairy industry away from the Upper Midwest and towards the Southwest, and specifically California, which now leads the Nation in milk production. The result of this antiquated system has been a decline in the Upper Midwest dairy industry, not because it can't produce a product that can compete in the marketplace, but because the system discriminates against it. Over the past few years Wisconsin has lost dairy farmers at a rate of more than 5 per day. The Upper Midwest, with the lowest fluid milk prices, is shrinking as a dairy region despite the dairy-friendly climate of the region. Some other regions with higher fluid milk prices are growing rapidly. While the distance provision is a longstanding inequity, a recent proposal threatens to heap additional inequities on top of the current distance provision. A new proposal has been made asking the USDA to change the pricing formulas by decoupling fluid milk, Class I and II, price and the price for milk used in dairy products, Class III and IV, along with increasing the support for fluid milk. This would advantage areas with high fluid milk utilization by providing them a relatively higher price and disadvantage areas like Wisconsin where cheese-making is also a major use for milk. This price signal would likely then cause over-production in these regions, eventually driving down the price for milk used in dairy products and the price received by Wisconsin's dairy farmers. On top of this double-threat is a third negative impact. Decoupling the fluid milk price will undercut the Milk Income Loss Contract (MILC) safety net in Wisconsin because the trigger price for counter-cyclical support is based on Class I price in Boston. A higher fluid milk price will mean the MILC safety net is less effective, especially for regions that depend on the now decoupled class II and IV price like Wisconsin. It is very conceivable that this new proposal would allow the Class III and IV price to plummet while the Class I price remains above the trigger, eliminating the MILC safety net's usefulness for Wisconsin family dairy farmers. I joined with Senator Kohl and Representative Obey in sending a letter expressing these concerns to Secretary Johanns last month. In this letter we urge the USDA to reject this proposal which would amount to further unfair treatment in the federal regulations for Wisconsin's hard-working dairy farmers. In a free market with a level playing field, these shifts in production might be acceptable. But in a market where the government is setting the prices and providing that artificial advantage to regions outside the Upper Midwest, the current system is unconscionable. I urge my colleagues to do the right thing and bring reform to this outdated system, eliminate the inequities in the current milk marketing order pricing system and reject proposals to add further inequity into the system. I ask unanimous consent that the text of my bill be printed in the Record.

Mr. FEINGOLD. Mr. President, today I am re-introducing a measure that will begin to restore democracy for dairy farmers throughout the Nation. When dairy farmers across the country supposedly voted on a referendum eight years ago to consolidate and modernize the order system, perhaps the most significant change in dairy policy in sixty years, they didn't actually get to vote. Instead, their dairy marketing cooperatives cast their votes for them. This procedure is called ``bloc voting'' and it is used all the time. Basically, a Cooperative's Board of Directors decides that, in the interest of time, bloc voting will be implemented for that particular vote. It may serve the interest of time, but it doesn't always serve the interests of their producer owner-members. While I think that bloc voting can be a useful tool in some circumstances, I have serious concerns about its use in every circumstance. Farmers in Wisconsin and in other States tell me that they do not agree with their cooperative's view on every vote. Yet, they have no way to preserve their right to make their single vote count. I have learned from farmers and officials at the U.S. Department of Agriculture (USDA) that if a cooperative bloc votes, individual members have no opportunity to voice opinions separately. That seems unfair when you consider what significant issues may be at stake. Coops and their individual members do not always have identical interests. Considering our Nation's longstanding commitment to freedom of expression, our Federal rules should allow farmers to express a differing opinion from their coops, if they choose to. The Democracy for Dairy Producers Act of 2007 is simple and fair. It provides that a cooperative cannot deny any of its members a ballot to opt to vote separately from the coop. This will in no way slow down the process at USDA; implementation of any rule or regulation would proceed on schedule. Also, I do not expect that this would often change the final outcome of any given vote. Coops could still cast votes for their members who do not exercise their right to vote individually. And to the extent that coops represent farmers' interests, in the majority of cases farmers are likely to vote the same as their coops. But whether they join the coops or not in voting for or against a measure, farmers deserve the right to vote according to their own views. I urge my colleagues to return the democratic process to America's farmers, by supporting the Democracy for Dairy Producers Act. I ask unanimous consent that the text of the bill be printed in the Record.

Mr. FEINGOLD. Mr. President, I am pleased to reintroduce the Quality Cheese Act of 2005. This legislation will protect the consumer, save taxpayer dollars and provide support to America's dairy farmers, who have experienced a roller-coaster in prices over the past few years. When Wisconsin consumers have the choice, they will choose natural Wisconsin cheese. But in the past some in the food industry have pushed the Food and Drug Administration (FDA) to change current law, which would leave consumers not knowing whether cheese is really all natural or not. If the Federal Government creates a loophole for imitation cheese ingredients to be used in U.S. cheese vats, some cheese labels saying ``domestic'' and ``natural'' will no longer be truly accurate. If USDA and FDA allow a change in Federal rules, milk substitutes such as milk protein concentrate, casein, or dry ultra filtered milk could be used to make cheese in place of the wholesome natural milk produced by cows in Wisconsin or other parts of the U.S. I was deeply concerned by these efforts a few years ago to change America's natural cheese standard. Efforts to allow milk protein concentrate and casein into natural cheese products fly in the face of logic and could create a loophole that would allow unlimited amounts of imported milk proteins of unknown quality to enter U.S. cheese vats. While the industry proposal was withdrawn, my legislation would permanently prevent a similar back-door attempt to allow imitation milk as a cheese ingredient and ensure that consumers could be confident that they were buying natural cheese when they saw the natural label. Over the past decade, cheese consumption has risen at a strong pace due in part to promotional and marketing efforts and investments by dairy farmers across the country. Year after year, per capita cheese consumption has risen at a steady rate. These proposals to change our natural cheese standards, however, could decrease consumption of natural cheese by raising concerns about the origin of casein and milk protein concentrate. Use of such products could significantly tarnish the wholesome reputation of natural cheese in the eyes of the consumer and have unknown effects on quality and flavor. This change could seriously compromise decades of work by America's dairy farmers to build up domestic cheese consumption levels. It is simply not fair to America's farmers or to consumers. After all, consumers have a right to know if the cheese that they buy is unnatural. And by allowing milk protein concentrate milk into supposedly natural cheese, we would be denying consumers the entire picture. The proposed change to our natural cheese standard would also harm the American taxpayer. If we allow MPCs to be used in cheese, we will effectively permit unrestricted importation of these ingredients into the United States. Because there are no tariffs and quotas on these ingredients, these heavily subsidized products would quickly displace natural domestic dairy ingredients. These unnatural foreign dairy products would enter our domestic cheese market and could depress dairy prices paid to American dairy producers. Low dairy prices, in turn, could result in increased costs to the dairy price support program as the federal government is forced to buy domestic milk products when they are displaced in the market by cheap imports. So, at the same time that U.S. dairy farmers would receive lower prices, the U.S. taxpayer would pay more for the dairy price support program--and in effect be subsidizing foreign dairy farmers and processors. This change does not benefit dairy farmers, consumers or taxpayers. Who then is it good for? It would benefit only the subsidized foreign MPC producers out to make a fast buck by exploiting a system put in place to support our dairy farmers. This legislation addresses the concerns of farmers, consumers and taxpayers by prohibiting dry ultra-filtered milk, casein, and MPCs from being included in America's natural cheese standard. Congress must shut the door on any backdoor efforts to undermine America's dairy farmers. I urge my colleagues to pass my legislation and prevent a loophole that would allow changes that hurt the consumer, taxpayer, and dairy farmer. I ask unanimous consent that the text of the bill be printed in the Record.

Mr. FEINGOLD. Mr. President, I laid out my vision for the legislation I introduce today, the Rural Opportunities Act of 2007, in an opinion piece that was published in the La Crosse Tribune at the end of last year. I ask unanimous consent that the article be printed in the Record after my statement. My bill is a four part plan to increase opportunities for rural America. Despite its breadth, the bill is not meant to address all of the challenges facing farms, other working lands and rural communities. I know from the listening sessions that I hold across Wisconsin about the many challenges facing those communities, such as lack of access to affordable healthcare, threats from unfair competition abroad and at home and even misguided Federal policies such as the dairy pricing system that provides higher prices based on how far your farm is from Wisconsin. I will continue working to address these and other challenges. My current bill focuses on the future, by identifying and encouraging potential benefits for rural areas. The first section of the Rural Opportunities Act of 2007 tries to fulfill the potential of bioenergy and the broader bioeconomy to be a value-added enterprise for farmers and communities by encouraging sustainable development with an emphasis on local, farmer and cooperative ownership. The second theme supports both the development of the next generation of farmers and other rural professionals and the areas of agricultural growth such as organic production that provide viable long-term models for family farms. In an exciting win/win situation, the third main section of my bill strives to improve both farmers' income and access to healthy foods by supporting local food systems. The final section, while less focused directly on working lands, would establish the goal of providing affordable broadband access to rural and other underserved areas. Moreover, my proposal doesn't pass any extra costs on to the next generation, but is offset by reducing the payment limits for the largest corporate farms and transferring funds from other unobligated balances within USDA. I hope my colleagues will join me in supporting these common sense goals. I will now explain both the details of my proposal and how I have modeled the proposal after programs that I have seen working in Wisconsin. My goal is to both boost resources for these programs and, where appropriate, establish partnerships to fulfill common goals and direction--ultimately encouraging similar opportunities across all of rural America. Most of the incentives and support for the development of bioenergy and other bioproducts, or the bioeconomy, has been at the macro scale. I have supported these efforts, including the renewable fuels standard and broad goals such as providing 25 percent of our energy from renewable sources by 2025 and increasing our long-term security by becoming more energy independent. But I saw a gap in the amount of support at the local and regional level, especially with regard to making sure the bioeconomy develops properly. There is a lot of excitement in rural America about the bioeconomy and potential for renewable fuel production especially to be the driver of a rural renaissance. But there is also concern, because while this potential is definitely there, it is still unclear how it will develop and whether the potential benefits to farmers, rural communities and even the environment will be fulfilled. This concern seems well founded, as these macro level incentives may fall short, perhaps opening up a new market for corn and driving more farms toward intensive corn production, but doing little to add value at the local or regional level especially if large agribusinesses take over. From an environmental standpoint there is also this combination of risk and opportunity. Cellulosic ethanol produced from biomass has the potential to allow for the development of less intensive perennial systems especially on environmentally sensitive land, where the continuous cover would benefit the soil and water quality. But if the only incentive is to maximize bushels and dollars or remove too much biomass, environmental damage could clearly occur. For example, land that is not well suited for corn production such as that on steep slopes could be returned to production or taken out of pasture and put in corn production. Or where farmers have shifted to no-till corn production, the corn plant residue that now feeds the soil could be diverted to biomass for cellulosic ethanol. While these risks exist, there are also abundant win-win opportunities for farmers in following a sustainable approach. For example, the Wisconsin Farmers Union is leading efforts to establish a carbon credit program so the improved soil qualities also mean a return to the farmer. Taking these risks and opportunities into account, it seemed that more needed to be done to make sure that the development of the bioeconomy occurred in the best way to maximize the value to the public through an emphasis on sustainable local and regional research, extension and development. This emphasis isn't to say that conventional grain production and large agribusinesses don't belong, just that there needs to be balance. While many individuals have begun working to fulfill this potential in Wisconsin, there seems to be a gap at the Federal level. This is the gap my proposal aims to close both through some new initiatives and boosting and better focusing existing Federal programs. My sustainable local bioeconomy proposal has six main parts, starting with $30 million per year in matching funds to support implementation of collaborative State-based plans. States would be required to prepare a comprehensive energy plan and support the implementation of the plan through matching funds for research, extension, energy conservation, technical assistance and direct support. When developing the plan, a State would need to consider ways to encourage the development so as to best support the local communities and protect or even enhance the environment, with an emphasis in local, farmer and cooperative ownership of the new enterprises. Wisconsin has already taken significant steps in this regard, starting with the Governor's Consortium on Biobased Industry and Biobased Industry Opportunity (BIO) grant program. In the Governor's recent State of the State address, he has proposed to go even further building on these initial efforts. My proposal would allow the Federal Government to be a partner with him and every other State. While charting the course of development of the bioeconomy should occur at a State and local level, research questions are often of regional or even national importance. That is why my bill provides $20 million per year for regional research, extension and education. These multi-state partnerships would follow the existing USDA research and extension divisions. Specific projects would be determined by a regional board with broad representation from each State, the region's extension service, agriculture experiment stations, agriculture secretaries, farmers, foresters, businesses, cooperatives and non- profits. This cooperative regional effort will bring together the resources to make sure these new agricultural and forestry systems can be evaluated holistically at a landscape scale. Independent of my proposal, I understand there is a discussion ongoing to develop a similar partnership within the north central region which includes Wisconsin. My bill is specifically designed to allow existing or future consortiums to coordinate or even become the regional body supporting these research and extension activities. While there has been significant focus on agriculture as the means of developing the bioeconomy and biofuels such as ethanol and biodiesel especially, our forestlands can contribute significantly as well. While States and regions will likely include forestry components in their state energy and regional research and extension, my bill also provides $10 million per year to support a pair of specific agroforestry pilot programs. The first would evaluate whether there needs to be a support mechanism for landowners during the establishment phase of a woody biomass system which can often take up to a decade to develop, though it may be the best long-term use of the land both for biofuel production and for the environment. The second project would assist in the development of at least one commercial scale cellulosic ethanol production facility using woody biomass as a feedstock. While I expect other regions with significant forestry resources to participate as well, with the Forest Products Lab in Wisconsin and the Governor recently proposing support for forestry-based cellulosic ethanol, Wisconsin is well positioned to be a leader in this area. The Renewable Energy Systems and Energy Efficiency Improvements program, also known as Section 9006 of the 2002 Farm Bill, provides grants to farmers and ranchers to establish a wide range of wind, solar, biomass, geothermal, and conservation technologies on their farms. This direct support is important, which is why I propose a significant increase in funding to $40m per year so farmers can do their part in this larger effort for energy independence farm by farm. Another existing federal program that has been beneficial is the Value-added Production Grant (VAPG) program. These grants broadly assist farmers and ranchers in developing projects that help them retain more value from their crops and products, including many bioenergy projects. I propose providing an increase to $60m per year and shifting the funding to mandatory spending because this program is so important in allowing farmers to be entrepreneurs and plan their own future. Specifically for the bioeconomy, I require that at least 10% of these funds be directed toward projects relating to bioenergy or biobased products. Without the fundamental knowledge on how to convert biomass into other products such as fuel and the applied research on how to best implement this technology, the development of the bioeconomy may be limited. For this reason, I propose to double the spending within the USDA's National Research Initiative that is dedicated toward the development of the next generation of technology, including cellulosic ethanol. The institutions of higher education in Wisconsin are ready to assist in this task and often work together or regionally toward this goal. For example, The University of Wisconsin--Madison and Michigan State University have recently submitted a proposal to establish a Great Lakes Bioenergy Research Center supported by the Department of Energy. It will take this type of collaboration and involvement of multiple Federal, State and local entities to fulfill the potential of the bioeconomy for increasing-our national security and hopefully at the same time spurring a rural renaissance. Finally, but still very important, we need to assess whether our current incentives for bioenergy production and utilization are performing as intended and having no negative side-effects. There is some concern that the current incentives may not be adequately reaching consumers and farmers. My bill requires the Government Accountability Office, GAO, to evaluate whether the current incentives are the most effective ways to encourage the production and use of bioenergy. I especially ask them to assess whether there are better ways to support local ownership and the local and regional benefits to communities, while preventing excessive payments. There are many very positive efforts ongoing in Wisconsin to support the development of the next generation of farmers and ranchers and to provide viable models such as organic production for these new producers, which also benefit existing small and medium-sized farmers who are looking for other options. Like the sustainable local bioeconomy highlighted in the first section of my bill, I have designed my proposal so these positive projects in Wisconsin are supported and become the models for other states that may not be as far along. There is a very strong Federal, State, university and non-profit involvement in supporting the future of farming in Wisconsin. It is heartening to see so many different groups and interests coming together to work together to support this common goal. I just wanted to highlight a few examples of many that make me proud. From the Federal side, Wisconsin's State office of the USDA's Farm Service Agency leads the Nation or is the top five States for various loans provided to beginning farmers. Fully 37 percent of the loans in Wisconsin go to beginning farmers, a testament to the dedication of the State's FSA office. The University of Wisconsin's Center of Integrated Agricultural Systems, (CIAS), continues to be both a leader in innovative ideas and research, but also in putting that knowledge to work for Wisconsin. To pick just one of many great projects, the School for Beginning Livestock and Dairy Farmers provides both the knowledge and the mentoring and support network to help beginning farmers get off the ground. I have followed CIAS' development and actions since my time in the Wisconsin State Senate, and always appreciate their approach. The future of Wisconsin's agriculture and rural communities has even been the focus of a project at the Wisconsin Academy of Sciences, Arts and Letters. The Future of Farming and Rural Life project has been going around the state holding forums on this important topic and I look forward to their recommendations. I think they have been hearing a lot of the same sort of comments I hear at listening sessions in rural areas. Organic production, especially dairy production in southwest Wisconsin, has been a bright light in that comer of the State. The growth of this production and--potential for more growth shows a need for more significant Federal support in the Farm Bill. But in the meantime, the farmer-owned Organic Valley cooperative and groups such as the Midwest Organic and Sustainable Education Service, MOSES, are providing invaluable support for the revitalization of small dairy farming in the area. The concept of cooperatives is very important in Wisconsin and often provides support for these developing models of agriculture. For example, the Edelweiss Graziers Cooperative in Dane and Green Counties was recently established with technical assistance of the Wisconsin Federation of Cooperatives. This effort combines managed grazing and cheese making from this grass-fed milk to support both the cooperative's members and the local economy. In addition to supporting important projects, my proposal also improves on existing Federal programs. The first element of this section is $30 million per year in funding for State-based collaborations to plan for and support beginning farmers, ranchers and other rural professionals. Specifically these State plans and projects should support, encourage the development of and reduce barriers for the next generation of farmers, ranchers and other important rural professions such as foresters. States would have flexibility to determine where to spend the funds, but required to take a broad approach that incorporates extension, public colleges, State agriculture agencies, non-profits, private-public partnerships and direct aid to support the farmers with tuition and capital. The second main portion of the future of farming section of my bill would fund an important Federal effort from the 2002 Farm bill, which unfortunately has never been funded. My bill provides $20 million per year in competitive grants for the Beginning Farmer and Rancher Development Program, BFRDP. These funds would be mandatory to make it more likely the program was funded. The BFRDP funds initiatives directed at new farming opportunities in the areas of education, extension, outreach, and technical assistance. The program is targeted especially to collaborative local, State, and regionally based networks and partnerships. The third main element of my future of farming proposal seeks to evaluate and improve existing Federal programs. This includes directing the USDA to provide additional support for the Advisory Committee on Beginning Farmers and Ranchers to allow for increased meetings and outreach activities. It also proposes that this committee work with the USDA Secretary to oversee a series of pilot projects, which would use $10 million per year to find ways to better support the credit and capital needs of beginning farmers and ranchers. Also along these lines, the GAO would conduct a study to evaluate the effectiveness of tax incentives, contract guarantees and other measures that could be used to support and encourage the transfer of land from retiring farmers to beginning farmers. Finally, my bill supports the bonus cost- share provided in conservation programs and highlights the importance of stewardship through the Conservation Security Program for beginning farmers as part of a broader review to ensure that all USDA farm assistance and conservation activities are accessible and useful for beginning farmers and ranchers. Two exciting growth areas in agriculture have been the development of more sustainable agricultural systems and organic production, often driven by consumers' desire to be more responsible. This increased support includes more than doubling the authorized funding for Appropriate Technology Transfer for Rural Areas, ATTRA, to $5 million per year and for the Sustainable Agriculture Research and Education, SARE, program to $120 million per year. The boost for SARE would also include a dedicated mandatory fund of $20 million per-year for the Federal-State matching grant program. Organic agriculture has had the greatest growth in the past decade of any segment of agriculture. The funding for research, extension, technical assistance and direct aid to organic producers has not kept up. So my bill would provide significant increases for several existing organic programs and propose one new program. More specifically, existing research, extension and education programs would receive $15 million per year and $25 million in additional certification cost-share funds would be made available. A new $50 million per year program to assist with the conversion to organic production and encourage conservation practices on the farms is also included. Since the integrity of the organic label is critical to the success of these efforts and there have been recent concerns about problems in this area, an annual report would also be required on USDA's activities to enforce proper use of the organic label and protect the integrity of the program. Finally, no proposal on the future of farming would be complete without recognizing the need to foster more diversity within the farm community. My proposal would quadruple the current funding for outreach to socially disadvantaged farmers and ranchers by providing $25 million per year in mandatory funds. This also includes an added emphasis on encouraging the development of new farmers from these communities by requiring the USDA to periodically report to Congress on their efforts. Local markets and especially food systems benefit farmers economically and consumers through access to food that is often fresher, riper, better tasting and more nutritious. Farmers benefit both by cutting out the middlemen and through differentiating their products to often get a premium price. My bill supports these local opportunities in several ways including giving local institutions more flexibility to preferentially select local products, providing additional funding and areas of emphasis for existing farmers markets, farm-to-cafeteria and value-added grants. A special emphasis of many of the programs my bill supports is to provide healthier food to schools and low-income populations that might not otherwise have access to local fresh produce. More specifically, my bill allows local preference in procurement of fruits and vegetables by federally supported programs. The current procurement rules are often interpreted to prevent this local geographic preference, so I would clarify the food procurement rules for USDA and Department of Defense programs that support schools nutrition programs and other produce procurement, e.g., commissaries, to allow agencies to give a preference to locally produced products. This change would allow these institutions to select local produce which is often better tasting and more nutritious. In order to provide oversight of this modified rule, my proposal would also require any local agency that selects a bid that is more than 10 percent higher than the lowest bid to report this to the Federal agency for possible further review to help ensure the integrity of the system. The Farm-to-Cafeteria program or, as it is also known, the Access to Local Food and School Gardens, was part of the Child Nutrition reauthorization. Unfortunately it has never been funded, but it would support projects like Madison's Homegrown Lunch that link local farmers to the cafeteria and often classroom as the students learn more about where their food comes from. My proposal dedicates $10 million per year in mandatory funding toward this important program. There are two important programs that let low-income individuals access healthy local fruit and vegetables at farmers markets which my proposal supports. The Seniors Farmers Market Nutrition Program would be increased to $25 million per year to provide more vouchers to low- income seniors. Hunger Task Force in Milwaukee helps distribute these voucher and reports that it is extremely popular and could be expanded. A similar program, the WIC Farmers Market Supplemental Nutrition Program, provides similar vouchers to low-income mothers, infants and children and would be increased to $30 million per year. The proposal also supports farmers markets directly as well and increases the funding for the Farmers Market Promotion Program to $20 million per year. This program provides grants to assist with the development of new farmers markets and also helps farmers markets improve their services by doing things like installing EBT readers to accept Food Stamps. The Value-Added Producer Grants, VAPG, program supports a variety of farmer-based enterprises including support for local food systems. My bill already increased the funding for this program to $60 million per year and would also require that 30 percent of the VAPGs go to support local food, bioenergy and bioproducts. In addition, half of these funds would be dedicated to supporting mid-sized value-added chains, which establish ways for mid-sized farmers to differentiate their products and work with distributors and retailers along a supply chain. Many believe these mid-sized value-added chains are the key to accessing regional markets and expanding local food systems. There are several examples in Wisconsin of farmers and cheesemakers working together to establish this sort of relationship and value chain in producing specialty cheeses. My proposal builds on the recommendations from the Community Food Security Coalition to expand the current Community Food Projects Competitive Grants by providing $60.5 million per year. Community food projects fight food insecurity by increasing the access of low-income people to fresher, more nutritious food supplies along with projects that increase the self-reliance of communities in providing for their own food needs. Numerous studies have shown that rural areas lag behind their urban and suburban counterparts in access to broadband Internet services. The United States is losing ground to other nations in broadband availability. For example in 2001, the United States ranked 4th out of nations in the Organization for Economic Cooperation and Development, OECD. The United States now ranks 12th. From my trips to rural areas of Wisconsin, I can attest that broadband availability is spotty and a concern for local officials and residents. They tell me that the lack of broadband access can limit their opportunities for employment, entertainment, education and communication. There have been several different ways proposed to increase availability of affordable rural broadband. In this legislation, I do not take a specific stand on which solution is best, but I require efforts to better assess the problem and I set forth a goal for the Senate in solving this problem. More specifically, the Sense of the Senate finds that given the growing number of opportunities provided by broadband access, the digital divide affecting rural households and other underserved groups should be eliminated within a decade. The ultimate goal should be to provide affordable access to broadband nationwide. The FCC data on rural broadband availability and affordability is limited in several regards, most importantly by not collecting detailed enough information. The zip-code level data now available does not have a fine enough resolution to fully understand which specific areas lack any affordable access to broadband. Even several of the FCC Commissioners agree on that point. My proposal requires the FCC to improve this situation to get a better picture of the extent of the problem. As technology improves and faster data transfer rates become the norm, the FCC should make sure their definition of broadband keeps up. My proposal requires a periodic review of what is standard in the marketplace and an update of the definition as warranted. Without this requirement, the government could potentially end up subsidizing an obsolete service. The USDA Inspector General found a number of deficiencies within the Rural Utilities Service Broadband Grant and Loan Programs and set forth a series of recommendations in a report in 2005. My bill would require the USDA to update Congress on the progress of these changes so these important programs work efficiently and provide the increased access they are designed to support. The Universal Service Fund helps ensure that rural areas have affordable access to telecommunications services such as telephone and 911. The program allows for the coverage to be extended to other services such as broadband Internet based on a review of a Federal- State Joint Board. My bill requires a new review by the Joint Board after receiving the updated and improved FCC data since they previously had limited data and have not done such a review in several years. My proposal is fully offset by reducing payments to the largest farmers, transferring funds from unobligated balances within USDA and reallocating authorized funds that were replaced by mandatory funding in my legislation. This offset, especially the reduced payment limits, is consistent with my longstanding feeling that Federal aid should be directed toward the farmers and communities that need it instead of the largest producers who don't. In fact, I estimate that my proposal could even return a couple hundred million dollars to the treasury over 10 years. All too often in agriculture we are filling breaches in the safety nets, combating unfair trade, seeking equity in the programs such as the dairy marketing orders, or ensuring the large don't take undue advantage of the small. So it was a welcome change to propose ways to open doors and encourage development for family farmers and rural communities. I worked with many Wisconsin-based groups and individuals along with others nationally and regionally in developing this legislation. I will work to include my proposals in the upcoming Farm Bill or other legislation. I would especially like to thank the following groups and individuals who have supported my legislation: Wisconsin Farmers Union; Sustainable Agriculture Coalition; Stan Gruszynski, Director, Rural Leadership and Community Development Program, UW Stevens Point; the Community Food Security Coalition; and the Land Stewardship Project. The National Organic Coalition has also sent me a letter expressing support for the organic sections of my proposal. I ask unanimous consent that the text of the bill and the letters from the Sustainable Agriculture Coalition, the Land Stewardship Project and the National Organic Coalition be printed in the Record.

View in Record
Introductory Statement on S. 5282007-02-08

Mr. FEINGOLD

Mr. FEINGOLD. Mr. President, today I am offering a measure which could serve as a first step towards eliminating the inequities borne by the dairy farmers of Wisconsin and the upper Midwest under the Federal Milk Marketing Order system. The Federal Milk Marketing Order system, created nearly 60 years ago, establishes minimum prices for milk paid to producers throughout various marketing areas in the U.S. For 60 years, this system has discriminated against producers in the Upper Midwest by awarding a higher price to dairy farmers in proportion to the distance of their farms from areas of high milk production, which historically have been the region around Eau Claire, WI. My legislation is very simple. It identifies the single most harmful and unjust feature of the current system, and corrects it. Under the current archaic law, the price farmers receive for fluid milk is higher the further they are from the Eau Claire region of the Upper Midwest. This provision originally was intended to guarantee the supply of fresh milk from the high production areas to distant markets in an age of difficult transportation and limited refrigeration. But the situation has long since changed and the provision persists to the detriment of the Wisconsin farmers even though most local milk markets do not receive any milk from Wisconsin. The bill I introduce today would prohibit the Secretary of Agriculture from using distance or transportation costs from any location as the basis for pricing milk, unless significant quantities of milk are actually transported from that location into the recipient market. The Secretary will have to comply with the statutory requirement that supply and demand factors be considered as specified in the Agricultural Marketing Agreement Act when setting milk prices in marketing orders. The fact remains that single-basing-point pricing simply cannot be justified based on supply and demand for milk both in local and national markets and the changing pattern of U.S. milk production. This bill also requires the Secretary to report to Congress on specifically which criteria are used to set milk prices. Finally, the Secretary will have to certify to Congress that the criteria used by the Department do not in any way attempt to circumvent the prohibition on using distance or transportation cost as basis for pricing milk. This one change is vitally important to Upper Midwest producers, because the current system has penalized them for many years. The current system is a double whammy to Upper Midwest dairy farmers--it both provides disparate profits for producers in other parts of the country and creates artificial economic incentives for milk production. As a result, Wisconsin producers have seen national surpluses rise, and milk prices fall. Rather than providing adequate supplies of fluid milk, the prices often lead to excess production. The prices have provided production incentives beyond those needed to ensure a local supply of fluid milk in some regions, leading to an increase in manufactured products in those marketing orders. Those manufactured products directly compete with Wisconsin's processed products, eroding our markets and driving national prices down. The perverse nature of this system is further illustrated by the fact that since 1995, some regions of the U.S., notably the central States and the Southwest, are producing so much milk that they are actually shipping fluid milk north to the Upper Midwest. The high fluid milk prices have generated so much excess production that these markets distant from Eau Claire are now encroaching upon not only our manufactured markets, but also our markets for fluid milk, further eroding prices in Wisconsin. The market-distorting effects of the fluid price differentials in Federal orders are shown by a previous Congressional Budget Office analysis that estimated that the elimination of orders would save $669 million over five years. Government outlays would fall, CBO concluded, because production would fall in response to lower milk prices and there would be fewer government purchases of surplus milk. The regions that would gain and lose in this scenario illustrate the discrimination inherent to the current system. Economic analyses showed that farm revenues in a market undisturbed by Federal orders would actually increase in the Upper Midwest and fall in most other milk-producing regions. While this system has been around since 1937, the practice of basing fluid milk price differentials on the distance from Eau Claire was formalized in the 1960's, when the Upper Midwest arguably was the primary reserve for additional supplies of milk. The idea was to encourage local supplies of fluid milk in areas of the country that did not traditionally produce enough fluid milk to meet their own needs. That is no longer the case. The Upper Midwest is no longer the primary source of reserve supplies of milk. Unfortunately, the prices didn't adjust with changing economic conditions, most notably the shift of the dairy industry away from the Upper Midwest and towards the Southwest, and specifically California, which now leads the Nation in milk production. The result of this antiquated system has been a decline in the Upper Midwest dairy industry, not because it can't produce a product that can compete in the marketplace, but because the system discriminates against it. Over the past few years Wisconsin has lost dairy farmers at a rate of more than 5 per day. The Upper Midwest, with the lowest fluid milk prices, is shrinking as a dairy region despite the dairy-friendly climate of the region. Some other regions with higher fluid milk prices are growing rapidly. While the distance provision is a longstanding inequity, a recent proposal threatens to heap additional inequities on top of the current distance provision. A new proposal has been made asking the USDA to change the pricing formulas by decoupling fluid milk, Class I and II, price and the price for milk used in dairy products, Class III and IV, along with increasing the support for fluid milk. This would advantage areas with high fluid milk utilization by providing them a relatively higher price and disadvantage areas like Wisconsin where cheese-making is also a major use for milk. This price signal would likely then cause over-production in these regions, eventually driving down the price for milk used in dairy products and the price received by Wisconsin's dairy farmers. On top of this double-threat is a third negative impact. Decoupling the fluid milk price will undercut the Milk Income Loss Contract (MILC) safety net in Wisconsin because the trigger price for counter-cyclical support is based on Class I price in Boston. A higher fluid milk price will mean the MILC safety net is less effective, especially for regions that depend on the now decoupled class II and IV price like Wisconsin. It is very conceivable that this new proposal would allow the Class III and IV price to plummet while the Class I price remains above the trigger, eliminating the MILC safety net's usefulness for Wisconsin family dairy farmers. I joined with Senator Kohl and Representative Obey in sending a letter expressing these concerns to Secretary Johanns last month. In this letter we urge the USDA to reject this proposal which would amount to further unfair treatment in the federal regulations for Wisconsin's hard-working dairy farmers. In a free market with a level playing field, these shifts in production might be acceptable. But in a market where the government is setting the prices and providing that artificial advantage to regions outside the Upper Midwest, the current system is unconscionable. I urge my colleagues to do the right thing and bring reform to this outdated system, eliminate the inequities in the current milk marketing order pricing system and reject proposals to add further inequity into the system. I ask unanimous consent that the text of my bill be printed in the Record.

View in Record
Introductory Statement on S. 5302007-02-08

Mr. FEINGOLD

Mr. FEINGOLD. Mr. President, I am pleased to reintroduce the Quality Cheese Act of 2005. This legislation will protect the consumer, save taxpayer dollars and provide support to America's dairy farmers, who have experienced a roller-coaster in prices over the past few years. When Wisconsin consumers have the choice, they will choose natural Wisconsin cheese. But in the past some in the food industry have pushed the Food and Drug Administration (FDA) to change current law, which would leave consumers not knowing whether cheese is really all natural or not. If the Federal Government creates a loophole for imitation cheese ingredients to be used in U.S. cheese vats, some cheese labels saying ``domestic'' and ``natural'' will no longer be truly accurate. If USDA and FDA allow a change in Federal rules, milk substitutes such as milk protein concentrate, casein, or dry ultra filtered milk could be used to make cheese in place of the wholesome natural milk produced by cows in Wisconsin or other parts of the U.S. I was deeply concerned by these efforts a few years ago to change America's natural cheese standard. Efforts to allow milk protein concentrate and casein into natural cheese products fly in the face of logic and could create a loophole that would allow unlimited amounts of imported milk proteins of unknown quality to enter U.S. cheese vats. While the industry proposal was withdrawn, my legislation would permanently prevent a similar back-door attempt to allow imitation milk as a cheese ingredient and ensure that consumers could be confident that they were buying natural cheese when they saw the natural label. Over the past decade, cheese consumption has risen at a strong pace due in part to promotional and marketing efforts and investments by dairy farmers across the country. Year after year, per capita cheese consumption has risen at a steady rate. These proposals to change our natural cheese standards, however, could decrease consumption of natural cheese by raising concerns about the origin of casein and milk protein concentrate. Use of such products could significantly tarnish the wholesome reputation of natural cheese in the eyes of the consumer and have unknown effects on quality and flavor. This change could seriously compromise decades of work by America's dairy farmers to build up domestic cheese consumption levels. It is simply not fair to America's farmers or to consumers. After all, consumers have a right to know if the cheese that they buy is unnatural. And by allowing milk protein concentrate milk into supposedly natural cheese, we would be denying consumers the entire picture. The proposed change to our natural cheese standard would also harm the American taxpayer. If we allow MPCs to be used in cheese, we will effectively permit unrestricted importation of these ingredients into the United States. Because there are no tariffs and quotas on these ingredients, these heavily subsidized products would quickly displace natural domestic dairy ingredients. These unnatural foreign dairy products would enter our domestic cheese market and could depress dairy prices paid to American dairy producers. Low dairy prices, in turn, could result in increased costs to the dairy price support program as the federal government is forced to buy domestic milk products when they are displaced in the market by cheap imports. So, at the same time that U.S. dairy farmers would receive lower prices, the U.S. taxpayer would pay more for the dairy price support program--and in effect be subsidizing foreign dairy farmers and processors. This change does not benefit dairy farmers, consumers or taxpayers. Who then is it good for? It would benefit only the subsidized foreign MPC producers out to make a fast buck by exploiting a system put in place to support our dairy farmers. This legislation addresses the concerns of farmers, consumers and taxpayers by prohibiting dry ultra-filtered milk, casein, and MPCs from being included in America's natural cheese standard. Congress must shut the door on any backdoor efforts to undermine America's dairy farmers. I urge my colleagues to pass my legislation and prevent a loophole that would allow changes that hurt the consumer, taxpayer, and dairy farmer. I ask unanimous consent that the text of the bill be printed in the Record.

View in Record
Introductory Statement on S. 5412007-02-08

Mr. FEINGOLD

Mr. FEINGOLD. Mr. President, I laid out my vision for the legislation I introduce today, the Rural Opportunities Act of 2007, in an opinion piece that was published in the La Crosse Tribune at the end of last year. I ask unanimous consent that the article be printed in the Record after my statement. My bill is a four part plan to increase opportunities for rural America. Despite its breadth, the bill is not meant to address all of the challenges facing farms, other working lands and rural communities. I know from the listening sessions that I hold across Wisconsin about the many challenges facing those communities, such as lack of access to affordable healthcare, threats from unfair competition abroad and at home and even misguided Federal policies such as the dairy pricing system that provides higher prices based on how far your farm is from Wisconsin. I will continue working to address these and other challenges. My current bill focuses on the future, by identifying and encouraging potential benefits for rural areas. The first section of the Rural Opportunities Act of 2007 tries to fulfill the potential of bioenergy and the broader bioeconomy to be a value-added enterprise for farmers and communities by encouraging sustainable development with an emphasis on local, farmer and cooperative ownership. The second theme supports both the development of the next generation of farmers and other rural professionals and the areas of agricultural growth such as organic production that provide viable long-term models for family farms. In an exciting win/win situation, the third main section of my bill strives to improve both farmers' income and access to healthy foods by supporting local food systems. The final section, while less focused directly on working lands, would establish the goal of providing affordable broadband access to rural and other underserved areas. Moreover, my proposal doesn't pass any extra costs on to the next generation, but is offset by reducing the payment limits for the largest corporate farms and transferring funds from other unobligated balances within USDA. I hope my colleagues will join me in supporting these common sense goals. I will now explain both the details of my proposal and how I have modeled the proposal after programs that I have seen working in Wisconsin. My goal is to both boost resources for these programs and, where appropriate, establish partnerships to fulfill common goals and direction--ultimately encouraging similar opportunities across all of rural America. Most of the incentives and support for the development of bioenergy and other bioproducts, or the bioeconomy, has been at the macro scale. I have supported these efforts, including the renewable fuels standard and broad goals such as providing 25 percent of our energy from renewable sources by 2025 and increasing our long-term security by becoming more energy independent. But I saw a gap in the amount of support at the local and regional level, especially with regard to making sure the bioeconomy develops properly. There is a lot of excitement in rural America about the bioeconomy and potential for renewable fuel production especially to be the driver of a rural renaissance. But there is also concern, because while this potential is definitely there, it is still unclear how it will develop and whether the potential benefits to farmers, rural communities and even the environment will be fulfilled. This concern seems well founded, as these macro level incentives may fall short, perhaps opening up a new market for corn and driving more farms toward intensive corn production, but doing little to add value at the local or regional level especially if large agribusinesses take over. From an environmental standpoint there is also this combination of risk and opportunity. Cellulosic ethanol produced from biomass has the potential to allow for the development of less intensive perennial systems especially on environmentally sensitive land, where the continuous cover would benefit the soil and water quality. But if the only incentive is to maximize bushels and dollars or remove too much biomass, environmental damage could clearly occur. For example, land that is not well suited for corn production such as that on steep slopes could be returned to production or taken out of pasture and put in corn production. Or where farmers have shifted to no-till corn production, the corn plant residue that now feeds the soil could be diverted to biomass for cellulosic ethanol. While these risks exist, there are also abundant win-win opportunities for farmers in following a sustainable approach. For example, the Wisconsin Farmers Union is leading efforts to establish a carbon credit program so the improved soil qualities also mean a return to the farmer. Taking these risks and opportunities into account, it seemed that more needed to be done to make sure that the development of the bioeconomy occurred in the best way to maximize the value to the public through an emphasis on sustainable local and regional research, extension and development. This emphasis isn't to say that conventional grain production and large agribusinesses don't belong, just that there needs to be balance. While many individuals have begun working to fulfill this potential in Wisconsin, there seems to be a gap at the Federal level. This is the gap my proposal aims to close both through some new initiatives and boosting and better focusing existing Federal programs. My sustainable local bioeconomy proposal has six main parts, starting with $30 million per year in matching funds to support implementation of collaborative State-based plans. States would be required to prepare a comprehensive energy plan and support the implementation of the plan through matching funds for research, extension, energy conservation, technical assistance and direct support. When developing the plan, a State would need to consider ways to encourage the development so as to best support the local communities and protect or even enhance the environment, with an emphasis in local, farmer and cooperative ownership of the new enterprises. Wisconsin has already taken significant steps in this regard, starting with the Governor's Consortium on Biobased Industry and Biobased Industry Opportunity (BIO) grant program. In the Governor's recent State of the State address, he has proposed to go even further building on these initial efforts. My proposal would allow the Federal Government to be a partner with him and every other State. While charting the course of development of the bioeconomy should occur at a State and local level, research questions are often of regional or even national importance. That is why my bill provides $20 million per year for regional research, extension and education. These multi-state partnerships would follow the existing USDA research and extension divisions. Specific projects would be determined by a regional board with broad representation from each State, the region's extension service, agriculture experiment stations, agriculture secretaries, farmers, foresters, businesses, cooperatives and non- profits. This cooperative regional effort will bring together the resources to make sure these new agricultural and forestry systems can be evaluated holistically at a landscape scale. Independent of my proposal, I understand there is a discussion ongoing to develop a similar partnership within the north central region which includes Wisconsin. My bill is specifically designed to allow existing or future consortiums to coordinate or even become the regional body supporting these research and extension activities. While there has been significant focus on agriculture as the means of developing the bioeconomy and biofuels such as ethanol and biodiesel especially, our forestlands can contribute significantly as well. While States and regions will likely include forestry components in their state energy and regional research and extension, my bill also provides $10 million per year to support a pair of specific agroforestry pilot programs. The first would evaluate whether there needs to be a support mechanism for landowners during the establishment phase of a woody biomass system which can often take up to a decade to develop, though it may be the best long-term use of the land both for biofuel production and for the environment. The second project would assist in the development of at least one commercial scale cellulosic ethanol production facility using woody biomass as a feedstock. While I expect other regions with significant forestry resources to participate as well, with the Forest Products Lab in Wisconsin and the Governor recently proposing support for forestry-based cellulosic ethanol, Wisconsin is well positioned to be a leader in this area. The Renewable Energy Systems and Energy Efficiency Improvements program, also known as Section 9006 of the 2002 Farm Bill, provides grants to farmers and ranchers to establish a wide range of wind, solar, biomass, geothermal, and conservation technologies on their farms. This direct support is important, which is why I propose a significant increase in funding to $40m per year so farmers can do their part in this larger effort for energy independence farm by farm. Another existing federal program that has been beneficial is the Value-added Production Grant (VAPG) program. These grants broadly assist farmers and ranchers in developing projects that help them retain more value from their crops and products, including many bioenergy projects. I propose providing an increase to $60m per year and shifting the funding to mandatory spending because this program is so important in allowing farmers to be entrepreneurs and plan their own future. Specifically for the bioeconomy, I require that at least 10% of these funds be directed toward projects relating to bioenergy or biobased products. Without the fundamental knowledge on how to convert biomass into other products such as fuel and the applied research on how to best implement this technology, the development of the bioeconomy may be limited. For this reason, I propose to double the spending within the USDA's National Research Initiative that is dedicated toward the development of the next generation of technology, including cellulosic ethanol. The institutions of higher education in Wisconsin are ready to assist in this task and often work together or regionally toward this goal. For example, The University of Wisconsin--Madison and Michigan State University have recently submitted a proposal to establish a Great Lakes Bioenergy Research Center supported by the Department of Energy. It will take this type of collaboration and involvement of multiple Federal, State and local entities to fulfill the potential of the bioeconomy for increasing-our national security and hopefully at the same time spurring a rural renaissance. Finally, but still very important, we need to assess whether our current incentives for bioenergy production and utilization are performing as intended and having no negative side-effects. There is some concern that the current incentives may not be adequately reaching consumers and farmers. My bill requires the Government Accountability Office, GAO, to evaluate whether the current incentives are the most effective ways to encourage the production and use of bioenergy. I especially ask them to assess whether there are better ways to support local ownership and the local and regional benefits to communities, while preventing excessive payments. There are many very positive efforts ongoing in Wisconsin to support the development of the next generation of farmers and ranchers and to provide viable models such as organic production for these new producers, which also benefit existing small and medium-sized farmers who are looking for other options. Like the sustainable local bioeconomy highlighted in the first section of my bill, I have designed my proposal so these positive projects in Wisconsin are supported and become the models for other states that may not be as far along. There is a very strong Federal, State, university and non-profit involvement in supporting the future of farming in Wisconsin. It is heartening to see so many different groups and interests coming together to work together to support this common goal. I just wanted to highlight a few examples of many that make me proud. From the Federal side, Wisconsin's State office of the USDA's Farm Service Agency leads the Nation or is the top five States for various loans provided to beginning farmers. Fully 37 percent of the loans in Wisconsin go to beginning farmers, a testament to the dedication of the State's FSA office. The University of Wisconsin's Center of Integrated Agricultural Systems, (CIAS), continues to be both a leader in innovative ideas and research, but also in putting that knowledge to work for Wisconsin. To pick just one of many great projects, the School for Beginning Livestock and Dairy Farmers provides both the knowledge and the mentoring and support network to help beginning farmers get off the ground. I have followed CIAS' development and actions since my time in the Wisconsin State Senate, and always appreciate their approach. The future of Wisconsin's agriculture and rural communities has even been the focus of a project at the Wisconsin Academy of Sciences, Arts and Letters. The Future of Farming and Rural Life project has been going around the state holding forums on this important topic and I look forward to their recommendations. I think they have been hearing a lot of the same sort of comments I hear at listening sessions in rural areas. Organic production, especially dairy production in southwest Wisconsin, has been a bright light in that comer of the State. The growth of this production and--potential for more growth shows a need for more significant Federal support in the Farm Bill. But in the meantime, the farmer-owned Organic Valley cooperative and groups such as the Midwest Organic and Sustainable Education Service, MOSES, are providing invaluable support for the revitalization of small dairy farming in the area. The concept of cooperatives is very important in Wisconsin and often provides support for these developing models of agriculture. For example, the Edelweiss Graziers Cooperative in Dane and Green Counties was recently established with technical assistance of the Wisconsin Federation of Cooperatives. This effort combines managed grazing and cheese making from this grass-fed milk to support both the cooperative's members and the local economy. In addition to supporting important projects, my proposal also improves on existing Federal programs. The first element of this section is $30 million per year in funding for State-based collaborations to plan for and support beginning farmers, ranchers and other rural professionals. Specifically these State plans and projects should support, encourage the development of and reduce barriers for the next generation of farmers, ranchers and other important rural professions such as foresters. States would have flexibility to determine where to spend the funds, but required to take a broad approach that incorporates extension, public colleges, State agriculture agencies, non-profits, private-public partnerships and direct aid to support the farmers with tuition and capital. The second main portion of the future of farming section of my bill would fund an important Federal effort from the 2002 Farm bill, which unfortunately has never been funded. My bill provides $20 million per year in competitive grants for the Beginning Farmer and Rancher Development Program, BFRDP. These funds would be mandatory to make it more likely the program was funded. The BFRDP funds initiatives directed at new farming opportunities in the areas of education, extension, outreach, and technical assistance. The program is targeted especially to collaborative local, State, and regionally based networks and partnerships. The third main element of my future of farming proposal seeks to evaluate and improve existing Federal programs. This includes directing the USDA to provide additional support for the Advisory Committee on Beginning Farmers and Ranchers to allow for increased meetings and outreach activities. It also proposes that this committee work with the USDA Secretary to oversee a series of pilot projects, which would use $10 million per year to find ways to better support the credit and capital needs of beginning farmers and ranchers. Also along these lines, the GAO would conduct a study to evaluate the effectiveness of tax incentives, contract guarantees and other measures that could be used to support and encourage the transfer of land from retiring farmers to beginning farmers. Finally, my bill supports the bonus cost- share provided in conservation programs and highlights the importance of stewardship through the Conservation Security Program for beginning farmers as part of a broader review to ensure that all USDA farm assistance and conservation activities are accessible and useful for beginning farmers and ranchers. Two exciting growth areas in agriculture have been the development of more sustainable agricultural systems and organic production, often driven by consumers' desire to be more responsible. This increased support includes more than doubling the authorized funding for Appropriate Technology Transfer for Rural Areas, ATTRA, to $5 million per year and for the Sustainable Agriculture Research and Education, SARE, program to $120 million per year. The boost for SARE would also include a dedicated mandatory fund of $20 million per-year for the Federal-State matching grant program. Organic agriculture has had the greatest growth in the past decade of any segment of agriculture. The funding for research, extension, technical assistance and direct aid to organic producers has not kept up. So my bill would provide significant increases for several existing organic programs and propose one new program. More specifically, existing research, extension and education programs would receive $15 million per year and $25 million in additional certification cost-share funds would be made available. A new $50 million per year program to assist with the conversion to organic production and encourage conservation practices on the farms is also included. Since the integrity of the organic label is critical to the success of these efforts and there have been recent concerns about problems in this area, an annual report would also be required on USDA's activities to enforce proper use of the organic label and protect the integrity of the program. Finally, no proposal on the future of farming would be complete without recognizing the need to foster more diversity within the farm community. My proposal would quadruple the current funding for outreach to socially disadvantaged farmers and ranchers by providing $25 million per year in mandatory funds. This also includes an added emphasis on encouraging the development of new farmers from these communities by requiring the USDA to periodically report to Congress on their efforts. Local markets and especially food systems benefit farmers economically and consumers through access to food that is often fresher, riper, better tasting and more nutritious. Farmers benefit both by cutting out the middlemen and through differentiating their products to often get a premium price. My bill supports these local opportunities in several ways including giving local institutions more flexibility to preferentially select local products, providing additional funding and areas of emphasis for existing farmers markets, farm-to-cafeteria and value-added grants. A special emphasis of many of the programs my bill supports is to provide healthier food to schools and low-income populations that might not otherwise have access to local fresh produce. More specifically, my bill allows local preference in procurement of fruits and vegetables by federally supported programs. The current procurement rules are often interpreted to prevent this local geographic preference, so I would clarify the food procurement rules for USDA and Department of Defense programs that support schools nutrition programs and other produce procurement, e.g., commissaries, to allow agencies to give a preference to locally produced products. This change would allow these institutions to select local produce which is often better tasting and more nutritious. In order to provide oversight of this modified rule, my proposal would also require any local agency that selects a bid that is more than 10 percent higher than the lowest bid to report this to the Federal agency for possible further review to help ensure the integrity of the system. The Farm-to-Cafeteria program or, as it is also known, the Access to Local Food and School Gardens, was part of the Child Nutrition reauthorization. Unfortunately it has never been funded, but it would support projects like Madison's Homegrown Lunch that link local farmers to the cafeteria and often classroom as the students learn more about where their food comes from. My proposal dedicates $10 million per year in mandatory funding toward this important program. There are two important programs that let low-income individuals access healthy local fruit and vegetables at farmers markets which my proposal supports. The Seniors Farmers Market Nutrition Program would be increased to $25 million per year to provide more vouchers to low- income seniors. Hunger Task Force in Milwaukee helps distribute these voucher and reports that it is extremely popular and could be expanded. A similar program, the WIC Farmers Market Supplemental Nutrition Program, provides similar vouchers to low-income mothers, infants and children and would be increased to $30 million per year. The proposal also supports farmers markets directly as well and increases the funding for the Farmers Market Promotion Program to $20 million per year. This program provides grants to assist with the development of new farmers markets and also helps farmers markets improve their services by doing things like installing EBT readers to accept Food Stamps. The Value-Added Producer Grants, VAPG, program supports a variety of farmer-based enterprises including support for local food systems. My bill already increased the funding for this program to $60 million per year and would also require that 30 percent of the VAPGs go to support local food, bioenergy and bioproducts. In addition, half of these funds would be dedicated to supporting mid-sized value-added chains, which establish ways for mid-sized farmers to differentiate their products and work with distributors and retailers along a supply chain. Many believe these mid-sized value-added chains are the key to accessing regional markets and expanding local food systems. There are several examples in Wisconsin of farmers and cheesemakers working together to establish this sort of relationship and value chain in producing specialty cheeses. My proposal builds on the recommendations from the Community Food Security Coalition to expand the current Community Food Projects Competitive Grants by providing $60.5 million per year. Community food projects fight food insecurity by increasing the access of low-income people to fresher, more nutritious food supplies along with projects that increase the self-reliance of communities in providing for their own food needs. Numerous studies have shown that rural areas lag behind their urban and suburban counterparts in access to broadband Internet services. The United States is losing ground to other nations in broadband availability. For example in 2001, the United States ranked 4th out of nations in the Organization for Economic Cooperation and Development, OECD. The United States now ranks 12th. From my trips to rural areas of Wisconsin, I can attest that broadband availability is spotty and a concern for local officials and residents. They tell me that the lack of broadband access can limit their opportunities for employment, entertainment, education and communication. There have been several different ways proposed to increase availability of affordable rural broadband. In this legislation, I do not take a specific stand on which solution is best, but I require efforts to better assess the problem and I set forth a goal for the Senate in solving this problem. More specifically, the Sense of the Senate finds that given the growing number of opportunities provided by broadband access, the digital divide affecting rural households and other underserved groups should be eliminated within a decade. The ultimate goal should be to provide affordable access to broadband nationwide. The FCC data on rural broadband availability and affordability is limited in several regards, most importantly by not collecting detailed enough information. The zip-code level data now available does not have a fine enough resolution to fully understand which specific areas lack any affordable access to broadband. Even several of the FCC Commissioners agree on that point. My proposal requires the FCC to improve this situation to get a better picture of the extent of the problem. As technology improves and faster data transfer rates become the norm, the FCC should make sure their definition of broadband keeps up. My proposal requires a periodic review of what is standard in the marketplace and an update of the definition as warranted. Without this requirement, the government could potentially end up subsidizing an obsolete service. The USDA Inspector General found a number of deficiencies within the Rural Utilities Service Broadband Grant and Loan Programs and set forth a series of recommendations in a report in 2005. My bill would require the USDA to update Congress on the progress of these changes so these important programs work efficiently and provide the increased access they are designed to support. The Universal Service Fund helps ensure that rural areas have affordable access to telecommunications services such as telephone and 911. The program allows for the coverage to be extended to other services such as broadband Internet based on a review of a Federal- State Joint Board. My bill requires a new review by the Joint Board after receiving the updated and improved FCC data since they previously had limited data and have not done such a review in several years. My proposal is fully offset by reducing payments to the largest farmers, transferring funds from unobligated balances within USDA and reallocating authorized funds that were replaced by mandatory funding in my legislation. This offset, especially the reduced payment limits, is consistent with my longstanding feeling that Federal aid should be directed toward the farmers and communities that need it instead of the largest producers who don't. In fact, I estimate that my proposal could even return a couple hundred million dollars to the treasury over 10 years. All too often in agriculture we are filling breaches in the safety nets, combating unfair trade, seeking equity in the programs such as the dairy marketing orders, or ensuring the large don't take undue advantage of the small. So it was a welcome change to propose ways to open doors and encourage development for family farmers and rural communities. I worked with many Wisconsin-based groups and individuals along with others nationally and regionally in developing this legislation. I will work to include my proposals in the upcoming Farm Bill or other legislation. I would especially like to thank the following groups and individuals who have supported my legislation: Wisconsin Farmers Union; Sustainable Agriculture Coalition; Stan Gruszynski, Director, Rural Leadership and Community Development Program, UW Stevens Point; the Community Food Security Coalition; and the Land Stewardship Project. The National Organic Coalition has also sent me a letter expressing support for the organic sections of my proposal. I ask unanimous consent that the text of the bill and the letters from the Sustainable Agriculture Coalition, the Land Stewardship Project and the National Organic Coalition be printed in the Record.

View in Record
Introductory Statement on S. 4952007-02-06

Mr. FEINGOLD

Mr. FEINGOLD. Mr. President, I am proud to be an original cosponsor of the Personal Data Privacy and Security Act of 2007. This bill is a much-needed solution to the daunting problem of ensuring the privacy and the security of our personal data, which has become such a precious commodity. Several forces are converging to make our personal information more valuable--and more vulnerable--than ever. The world is digital and so is our personal data. In this day and age, almost everything we do results in a third party creating a digital record about us--digital records that we may not even realize exist. We seek the convenience of opening bank accounts, managing our credit cards, and making major purchases over the Internet. And we often complete these transactions without ever speaking to another person face-to-face or over the telephone. Businesses, nonprofits, and political parties are personalizing their messages, products, and services to a degree we've never seen before, and they are willing to invest significant amounts of money in collecting personal information about potential customers or donors. And we are living in an age where identity-based screening and security programs can be vitally important, resulting in more information being collected about individuals in an attempt to identify them accurately. As a result, personal information has become a hot commodity that is bought, sold, and--as so often happens when something becomes valuable--stolen. We are at a crossroads. We all know about the security breaches that have been on the front pages of newspapers. They have placed the identities of hundreds of thousands of Americans at risk. The fear among the American public is so widespread that it has become the basis of an entire ad campaign by a credit card company. But this is about much more than information security. Until California law required a company named ChoicePoint to notify individuals in 2005 that their information was compromised and that they might be vulnerable to identity theft, many Americans had never heard of ChoicePoint. As news stories focused on the data broker business, many Americans were surprised to discover that companies are creating digital dossiers about them that contain massive amounts of information, and that these companies sell that information to commercial and government entities. The revelations about these security breaches highlighted the fact that Americans need a better understanding of what happens to their information in a digital world-- and what kind of consequences they can face as a result. When I am back home in Wisconsin, I hear from people who do not understand why companies have the right to sell their sensitive personal information. I hear from people who are shocked to discover that personal information about them is available for free on the Internet. There is no question that data aggregators facilitate societal benefits, allowing consumers to obtain instant credit and personalized services, and allowing police officers to locate suspects. But these companies also gather a great deal of potentially sensitive information about individuals, and in many instances they go largely unregulated. Too many of my constituents feel that they have lost control over their own information. Congress must return some power to individual Americans so that we can all better understand and manage what happens to our own personal data. The Personal Data Privacy and Security Act takes a comprehensive approach to the privacy and security problems we face. It gives consumers back some control over their own information. The bill requires data brokers to allow consumers to access their own information and to investigate when consumers tell them that corrections are necessary. And it requires companies to give notice to affected consumers and to law enforcement if there is a serious security breach, so that individuals know their identity may be at risk and can take steps to protect themselves. In addition, the bill extends existing criminal law to ensure that it covers unauthorized access of data broker systems, as well as concealment of security breaches. It requires companies that buy and sell information to have appropriate data security systems in place. These protections will help safeguard against future privacy violations and security breaches in the commercial data industry. But that is not all this bill accomplishes. The bill also contains some critically important privacy and security provisions to govern the government's use of commercial data. This is an aspect of the data broker business that has not yet gotten as much attention in the wake of the security breaches over the past few years. The information gathered by these companies is not just sold to individuals and businesses; government agencies of all stripes also buy or subscribe to information from commercial sources. We all remember the discovery in 2005 that the Pentagon had a contract with a marketing firm to analyze commercial and other data about high school and college students. Although the government should be able to access commercial databases in appropriate circumstances, there are few existing rules or guidelines to ensure this information is used responsibly. Nor are there restrictions on the use of commercial data for powerful, intrusive data mining programs. The Privacy Act, which governs when government agencies themselves are collecting data, likely does not apply because the information is held outside the government and is not gathered solely at government direction. As a result, there is a great deal we do not know about government use of commercial data, even in clearly appropriate circumstances such as when the agency's goal is simply to locate an individual already suspected of a crime. We don't know under what circumstances government employees can obtain access to these databases or for what purposes. We don't know how government agencies evaluate the accuracy of the databases to which they subscribe. We don't know how the accuracy level of the data affects government use of the data. We don't know how employees are monitored to ensure they do not abuse their access to these databases. We don't know how those who misuse the information are punished. And we don't know how government agencies, particularly those engaged in sensitive national security investigations, ensure that the data brokers cannot keep records of who the government is investigating, records which themselves could create a huge security risk in light of the vulnerabilities that have come to the forefront in recent months. That is why I am so pleased that this bill includes provisions to address the government's use of commercial data. A comprehensive approach to data privacy and security would be incomplete without taking on this piece of the puzzle. The bill recognizes there are many legitimate reasons for government agencies to obtain commercially available data, but that they need to be subject to privacy and security protections. It takes a common sense approach, pushing government agencies to take basic steps to ensure that individuals' personal information is secure and only used for legitimate purposes, and that the commercial information the government is paying for and relying on is accurate and complete. Specifically, the bill would require that federal agencies that subscribe to commercial data adopt standards governing its use. These standards would reflect long-standing basic privacy principles. The bill would ensure that government agencies consider and determine which personnel will be permitted to access the information and under what circumstances; develop retention policies for this personal data and get rid of data they no longer need, minimizing the opportunity for abuse or theft; rely only on accurate and complete data, and penalize vendors who knowingly provide inaccurate information to the Federal Government; provide individuals who suffer adverse consequences as a result of the agency's reliance on commercial data with a redress mechanism; and establish enforcement mechanisms for those privacy policies. The bill also directs the General Services Administration to review government contracts for commercial data to make sure that vendors have appropriate security programs in place, and that they do not provide information to the government that they know to be inaccurate. And it requires agencies to audit the information security practices of their vendors. These are basic good government measures. They guarantee that the Federal Government is not wasting money on inaccurate data and that vendors are undertaking the security programs that they have promised and for which the government is paying. We live in a new digital world. The law may never fully keep up with technology, but we must make every effort we can. I am proud to be involved in this comprehensive, reasoned approach to privacy and security, and I hope it will move forward in this Congress. I congratulate Senators Leahy and Specter for their excellent work on this bill. This bill is important and it deserves serious consideration.

View in Record
STATEMENTS ON INTRODUCED BILLS AND JOINT RESOLUTIONS2007-02-06

Mr. FEINGOLD

Mr. FEINGOLD. Mr. President, I am proud to be an original cosponsor of the Personal Data Privacy and Security Act of 2007. This bill is a much-needed solution to the daunting problem of ensuring the privacy and the security of our personal data, which has become such a precious commodity. Several forces are converging to make our personal information more valuable--and more vulnerable--than ever. The world is digital and so is our personal data. In this day and age, almost everything we do results in a third party creating a digital record about us--digital records that we may not even realize exist. We seek the convenience of opening bank accounts, managing our credit cards, and making major purchases over the Internet. And we often complete these transactions without ever speaking to another person face-to-face or over the telephone. Businesses, nonprofits, and political parties are personalizing their messages, products, and services to a degree we've never seen before, and they are willing to invest significant amounts of money in collecting personal information about potential customers or donors. And we are living in an age where identity-based screening and security programs can be vitally important, resulting in more information being collected about individuals in an attempt to identify them accurately. As a result, personal information has become a hot commodity that is bought, sold, and--as so often happens when something becomes valuable--stolen. We are at a crossroads. We all know about the security breaches that have been on the front pages of newspapers. They have placed the identities of hundreds of thousands of Americans at risk. The fear among the American public is so widespread that it has become the basis of an entire ad campaign by a credit card company. But this is about much more than information security. Until California law required a company named ChoicePoint to notify individuals in 2005 that their information was compromised and that they might be vulnerable to identity theft, many Americans had never heard of ChoicePoint. As news stories focused on the data broker business, many Americans were surprised to discover that companies are creating digital dossiers about them that contain massive amounts of information, and that these companies sell that information to commercial and government entities. The revelations about these security breaches highlighted the fact that Americans need a better understanding of what happens to their information in a digital world-- and what kind of consequences they can face as a result. When I am back home in Wisconsin, I hear from people who do not understand why companies have the right to sell their sensitive personal information. I hear from people who are shocked to discover that personal information about them is available for free on the Internet. There is no question that data aggregators facilitate societal benefits, allowing consumers to obtain instant credit and personalized services, and allowing police officers to locate suspects. But these companies also gather a great deal of potentially sensitive information about individuals, and in many instances they go largely unregulated. Too many of my constituents feel that they have lost control over their own information. Congress must return some power to individual Americans so that we can all better understand and manage what happens to our own personal data. The Personal Data Privacy and Security Act takes a comprehensive approach to the privacy and security problems we face. It gives consumers back some control over their own information. The bill requires data brokers to allow consumers to access their own information and to investigate when consumers tell them that corrections are necessary. And it requires companies to give notice to affected consumers and to law enforcement if there is a serious security breach, so that individuals know their identity may be at risk and can take steps to protect themselves. In addition, the bill extends existing criminal law to ensure that it covers unauthorized access of data broker systems, as well as concealment of security breaches. It requires companies that buy and sell information to have appropriate data security systems in place. These protections will help safeguard against future privacy violations and security breaches in the commercial data industry. But that is not all this bill accomplishes. The bill also contains some critically important privacy and security provisions to govern the government's use of commercial data. This is an aspect of the data broker business that has not yet gotten as much attention in the wake of the security breaches over the past few years. The information gathered by these companies is not just sold to individuals and businesses; government agencies of all stripes also buy or subscribe to information from commercial sources. We all remember the discovery in 2005 that the Pentagon had a contract with a marketing firm to analyze commercial and other data about high school and college students. Although the government should be able to access commercial databases in appropriate circumstances, there are few existing rules or guidelines to ensure this information is used responsibly. Nor are there restrictions on the use of commercial data for powerful, intrusive data mining programs. The Privacy Act, which governs when government agencies themselves are collecting data, likely does not apply because the information is held outside the government and is not gathered solely at government direction. As a result, there is a great deal we do not know about government use of commercial data, even in clearly appropriate circumstances such as when the agency's goal is simply to locate an individual already suspected of a crime. We don't know under what circumstances government employees can obtain access to these databases or for what purposes. We don't know how government agencies evaluate the accuracy of the databases to which they subscribe. We don't know how the accuracy level of the data affects government use of the data. We don't know how employees are monitored to ensure they do not abuse their access to these databases. We don't know how those who misuse the information are punished. And we don't know how government agencies, particularly those engaged in sensitive national security investigations, ensure that the data brokers cannot keep records of who the government is investigating, records which themselves could create a huge security risk in light of the vulnerabilities that have come to the forefront in recent months. That is why I am so pleased that this bill includes provisions to address the government's use of commercial data. A comprehensive approach to data privacy and security would be incomplete without taking on this piece of the puzzle. The bill recognizes there are many legitimate reasons for government agencies to obtain commercially available data, but that they need to be subject to privacy and security protections. It takes a common sense approach, pushing government agencies to take basic steps to ensure that individuals' personal information is secure and only used for legitimate purposes, and that the commercial information the government is paying for and relying on is accurate and complete. Specifically, the bill would require that federal agencies that subscribe to commercial data adopt standards governing its use. These standards would reflect long-standing basic privacy principles. The bill would ensure that government agencies consider and determine which personnel will be permitted to access the information and under what circumstances; develop retention policies for this personal data and get rid of data they no longer need, minimizing the opportunity for abuse or theft; rely only on accurate and complete data, and penalize vendors who knowingly provide inaccurate information to the Federal Government; provide individuals who suffer adverse consequences as a result of the agency's reliance on commercial data with a redress mechanism; and establish enforcement mechanisms for those privacy policies. The bill also directs the General Services Administration to review government contracts for commercial data to make sure that vendors have appropriate security programs in place, and that they do not provide information to the government that they know to be inaccurate. And it requires agencies to audit the information security practices of their vendors. These are basic good government measures. They guarantee that the Federal Government is not wasting money on inaccurate data and that vendors are undertaking the security programs that they have promised and for which the government is paying. We live in a new digital world. The law may never fully keep up with technology, but we must make every effort we can. I am proud to be involved in this comprehensive, reasoned approach to privacy and security, and I hope it will move forward in this Congress. I congratulate Senators Leahy and Specter for their excellent work on this bill. This bill is important and it deserves serious consideration.

Mr. FEINGOLD. Mr. President, today, along with my colleague Senator Collins from Maine, I am introducing legislation to address the needs of the nearly one-quarter of all Medicare beneficiaries who live in rural America. These beneficiaries are systematically disadvantaged in the Medicare program. The beauty of Medicare is its equity, its universality, and its accessibility. But we have compromised these values by stratifying payments, by under-representing rural voices on the Medicare Payment Advisory Commission, and by continuing to use obsolete payment data that hurts rural America. First, we must stop indexing physician payments for work based on geographic differences. Rural areas already have a hard enough time recruiting and retaining the Nation's top talent. Currently, even though 25 percent of Medicare beneficiaries live in rural areas, only 10 percent of the Nation's physicians serve them. Lower payments to doctors in these areas only perpetuate this dangerous shortage of medical expertise. We should not be discouraging medical school graduates from moving to underserved rural areas by continuing to offer sub-par pay--in fact, we should be providing incentives to encourage them to work in underserved areas. My legislation proposes a project to help rural facilities to host educators and clinical practitioners in clinical rotations. Lack of dollars to rural health facilities has also prevented communities from investing in vital information technology. The Institute of Medicine published a report in 2005 detailing the ways in which health IT could assist isolated communities. For example, since rural physicians tend to be generalists rather than specialists, virtual libraries within physician offices would provide both doctors and patients with a wider and deeper source of information at their fingertips. Rural residents can also be quite far from health facilities, so technology that allows emergency room physicians to communicate with EMS workers in an ambulance can help patients receive life-saving treatment before they physically reach the hospital. These kinds of technologies will improve both the quality and efficiency of care given in rural areas. My legislation offers funding for quality improvement demonstration projects, to allow isolated communities to invest in this otherwise out of reach technology. Lastly, this legislation will end the disproportionately low representation of rural interests on the Medicare Payment Advisory Commission. This lack of representation has resulted in policies that hurt rural communities. Those policies have hurt--and continue to hurt--the people of my State of Wisconsin, and they hurt my colleague Senator Collins' constituents as well. For every dollar that Medicare spends on the average beneficiary in the average State in this country, Medicare spends only 82 cents on a beneficiary in Wisconsin. In Maine, Medicare spends only 80 cents per dollar it spends on the average beneficiary. How is this the case, if beneficiaries in Wisconsin and in Maine pay the same payroll taxes as beneficiaries in other States? Because the distribution of Medicare dollars among the 50 States is grossly unfair to Wisconsin, and to much of the Upper Midwest. Wisconsinites pay payroll taxes just like every American taxpayer, but the Medicare funds we get in return are lower than those received in many other States. With the guidance and support of people across my State who are fighting for Medicare fairness, I am introducing this legislation to address Medicare's discrimination against Wisconsin's seniors and health care providers. My bill will decrease some of the inequitable payments that harm rural areas. It will provide rural areas the help they need to grow crucial health information technology infrastructure. It will offer the necessary incentives to help attract the Nation's top medical talent to underserved rural areas. And it will mandate rural representation on the Medicare Payment Advisory Commission. Rural seniors are already underserved in their communities; they should not be underrepresented in Washington as well. Rural Americans have worked hard and paid into the Medicare program all their lives. In return, they deserve full access to the same benefits as seniors throughout the country: their choice of highly skilled physicians, use of the latest technologies, and a strong voice representing their needs in Medicare policy. I ask unanimous consent that the text of my bill be printed in the Record.

View in Record
Introductory Statement on S. 4982007-02-06

Mr. FEINGOLD

Mr. FEINGOLD. Mr. President, today, along with my colleague Senator Collins from Maine, I am introducing legislation to address the needs of the nearly one-quarter of all Medicare beneficiaries who live in rural America. These beneficiaries are systematically disadvantaged in the Medicare program. The beauty of Medicare is its equity, its universality, and its accessibility. But we have compromised these values by stratifying payments, by under-representing rural voices on the Medicare Payment Advisory Commission, and by continuing to use obsolete payment data that hurts rural America. First, we must stop indexing physician payments for work based on geographic differences. Rural areas already have a hard enough time recruiting and retaining the Nation's top talent. Currently, even though 25 percent of Medicare beneficiaries live in rural areas, only 10 percent of the Nation's physicians serve them. Lower payments to doctors in these areas only perpetuate this dangerous shortage of medical expertise. We should not be discouraging medical school graduates from moving to underserved rural areas by continuing to offer sub-par pay--in fact, we should be providing incentives to encourage them to work in underserved areas. My legislation proposes a project to help rural facilities to host educators and clinical practitioners in clinical rotations. Lack of dollars to rural health facilities has also prevented communities from investing in vital information technology. The Institute of Medicine published a report in 2005 detailing the ways in which health IT could assist isolated communities. For example, since rural physicians tend to be generalists rather than specialists, virtual libraries within physician offices would provide both doctors and patients with a wider and deeper source of information at their fingertips. Rural residents can also be quite far from health facilities, so technology that allows emergency room physicians to communicate with EMS workers in an ambulance can help patients receive life-saving treatment before they physically reach the hospital. These kinds of technologies will improve both the quality and efficiency of care given in rural areas. My legislation offers funding for quality improvement demonstration projects, to allow isolated communities to invest in this otherwise out of reach technology. Lastly, this legislation will end the disproportionately low representation of rural interests on the Medicare Payment Advisory Commission. This lack of representation has resulted in policies that hurt rural communities. Those policies have hurt--and continue to hurt--the people of my State of Wisconsin, and they hurt my colleague Senator Collins' constituents as well. For every dollar that Medicare spends on the average beneficiary in the average State in this country, Medicare spends only 82 cents on a beneficiary in Wisconsin. In Maine, Medicare spends only 80 cents per dollar it spends on the average beneficiary. How is this the case, if beneficiaries in Wisconsin and in Maine pay the same payroll taxes as beneficiaries in other States? Because the distribution of Medicare dollars among the 50 States is grossly unfair to Wisconsin, and to much of the Upper Midwest. Wisconsinites pay payroll taxes just like every American taxpayer, but the Medicare funds we get in return are lower than those received in many other States. With the guidance and support of people across my State who are fighting for Medicare fairness, I am introducing this legislation to address Medicare's discrimination against Wisconsin's seniors and health care providers. My bill will decrease some of the inequitable payments that harm rural areas. It will provide rural areas the help they need to grow crucial health information technology infrastructure. It will offer the necessary incentives to help attract the Nation's top medical talent to underserved rural areas. And it will mandate rural representation on the Medicare Payment Advisory Commission. Rural seniors are already underserved in their communities; they should not be underrepresented in Washington as well. Rural Americans have worked hard and paid into the Medicare program all their lives. In return, they deserve full access to the same benefits as seniors throughout the country: their choice of highly skilled physicians, use of the latest technologies, and a strong voice representing their needs in Medicare policy. I ask unanimous consent that the text of my bill be printed in the Record.

View in Record
FAIR MINIMUM WAGE ACT OF 2007--Continued2007-02-01

Mr. FEINGOLD

Mr. FEINGOLD. Madam President, I speak today in support of passage of H.R. 2, the Fair Minimum Wage Act of 2007. The Federal minimum wage has not been increased in almost 10 years and an increase is long overdue. I have been a strong supporter of an increase in the Federal minimum wage for many years and I am delighted the Senate is finally about to vote for an increase in the Federal minimum wage. This much-needed increase is projected to benefit close to 13 million Americans either with a direct increase in their minimum wage or indirectly by promoting higher wages for other working Americans earning more than the minimum wage. This increase is sorely needed because the current minimum wage cannot adequately support workers as its value has eroded significantly since the last increase in 1997. Furthermore, the Center on Budget and Policy Priorities notes that after adjusting for inflation, the value of the minimum wage is at its lowest level since 1955. As the costs of housing, health care, energy, and education continue to skyrocket, we must raise the minimum wage to provide millions of hard-working Americans the respect and dignity their work demands. More and more of these working Americans find themselves mired in poverty or living on the cusp of poverty. Right now, there are 37 million Americans living in poverty, including 13 million children. Since the 1970s, poverty has increased by 50 percent for full-time, year-round workers. Minimum wage workers who work full time earn $10,700 a year, which is almost $6,000 below the Federal poverty guidelines for a family of three. No American should work full-time, year- round, and still live in poverty. While this modest increase in the Federal minimum wage will not eliminate poverty, it will provide hard- working Americans with a well-deserved increase in their wages. This increase will provide more money for workers to purchase prescription drugs, to pay utilities and rent, to provide child care for their children, and to invest in higher education opportunities. This increase is needed because the majority of the low income people in our country are working and are holding down low-paying jobs with stagnant wages that do not allow them to break free from poverty. Even with this increase in the Federal minimum wage, workers in Wisconsin and throughout the country will still struggle to afford housing. The National Low Income Housing Coalition estimates that the fair market rent for a two-bedroom apartment in Wisconsin is $666 a month and calculates that a worker in Wisconsin needs to make $12.80 an hour to avoid paying more than 30 percent of his or her income on housing. According to NLIHC data, a full-time minimum wage employee earning the current $5.15 an hour needs to work 79 hours a week, 52 weeks a year to afford a two-bedroom apartment. Madam President, 79 hours a week is almost the equivalent of two full-time minimum wage workers and the number of hours of work required to cover the costs of an apartment are even higher in States with higher housing costs. It is a disgrace that in many cases, minimum wage workers working full time cannot afford adequate housing or are forced to pay a huge share of their income to cover housing costs. While this increase will alleviate some of the housing affordability burdens facing workers, more needs to be done this year to promote affordable housing, including expanding rental assistance and affordable housing production. Unfortunately hunger and food insecurity are also a reality for far too many minimum wage workers. Even in a State known for its diverse agricultural production, many Wisconsinites periodically face hunger. Food Stamps, or FoodShare as it is known in Wisconsin, serves over 25 million nationwide and 329,000 Wisconsinites. Even with this and other Federal nutrition assistance programs combined with the dedicated work of food pantries, soup kitchens and even many religious organizations, 9 percent--or 1 out of 11 of households in Wisconsin lack sufficient food. Many of these food assistance recipients are working at low-wage jobs, so increasing the minimum age is an important step. But even with this improvement, it will not fully solve this problem and I will continue to work to provide improved Federal support in the Farm Bill and elsewhere to reduce hunger. Housing costs are not the only necessity of life that minimum wage workers have to provide for themselves and their families. They also have to purchase groceries, provide health care, pay for higher education, pay for increasingly expensive gas and electric costs, and provide child care for their children. Some Americans may think that the majority of minimum wage workers are teenagers in the first job; that perception is incorrect. The Economic Policy Institute notes that over 70 percent of minimum wage workers are adults and in Wisconsin, over 80 percent of minimum wage workers are adults. Moreover, of these adult minimum wage workers, over 30 percent are the sole breadwinners of their families. I think it is unconscionable that in the almost 10 years that we have not raised the minimum wage, Congress has voted to increase its own pay by $31,600. People in Wisconsin find it hard to understand why Members of Congress received substantial pay raises at a time when the real value of the minimum wage has eroded by 20 percent since 1997. As my colleagues know, I have long fought against automatic congressional pay increases and will continue to do so. I have introduced legislation that would put an end to automatic cost-of-living adjustments for congressional pay. Mr. President, we have Americans who are working full time, 52 weeks a year and they cannot afford health care, housing, and child care. They don't have the power to automatically raise their pay--they are dependent on Congress to raise the Federal minimum wage. But instead of working to raise the minimum wage during the past 10 years, we in Congress worked to protect our automatic pay raises. Opponents of increasing the minimum wage argue that it hurts the economy and job growth, but past increases in the minimum wage do not support that argument. In the 4 years after the previous minimum wage increase, nearly 12 million new jobs were created. A 1998 Economic Policy Institute study did not find significant job loss associated with the 1997 minimum wage increase. Additionally, the Center on Wisconsin Strategy examined job growth after the June 2005 increase in Wisconsin's minimum wage and found that Wisconsin had an average growth of 30,000 more jobs, not a job loss. This increase is a great start, but more needs to be done for the American worker. I am pleased an amendment I offered was accepted into the underlying package that seeks to support American manufacturers. I thank my colleague, Senator Kennedy, for his leadership in moving this bill through the Senate and both he and his staff for their assistance in getting my Buy American reporting requirement amendment accepted into the Senate package. This amendment is based on past Buy American reporting requirements that I have been successful in getting enacted in various appropriations bills from fiscal year 2004 through fiscal year 2006. This Buy American reporting requirement requires Federal agencies to submit annual reports that include the following information: (a) the dollar value of any articles, materials, or supplies purchased that were manufactured outside of the United States; (b) an itemized list of all waivers of the Buy American Act granted with respect to such articles, materials, or supplies, and a citation to the treaty, international agreement, or other law under which each waiver was granted; (c) if any articles, materials, or supplies were acquired from entities that manufacture articles, materials, or supplies outside the United States, the specific exemption under the Buy American Act that was used to purchase such articles, materials, or supplies; and (d) a summary of total procurement funds spent on goods manufactured in the United States versus funds spent on goods manufactured outside of the United States. The amendment also requires that these reports should be made publicly available to the maximum extent possible and contains a common sense exception for members of the intelligence community. I have long believed that an important way Congress can support American manufacturers and workers is to ensure that the Federal Government buys American-made goods whenever reasonably possible. Congress enacted such a policy when it passed the Buy American Act of 1933. That act requires government agencies to purchase American-made goods but allows these requirements to be waived in certain specified cases. I am concerned that those waivers may be being used excessively. Unfortunately, right now, only the Department of Defense is required to permanently report on its use of waivers of domestic procurement laws. I hope that this Buy American reporting language can help ensure that the entire government buys American-made goods in every possible circumstance, and is able to explain its reasons when it does not do so. This is a straightforward way to help ensure that the Federal Government--and American taxpayer dollars--support American workers. My State has suffered a huge loss of manufacturing jobs over the past 6 fyears. According to statistics from the Department of Labor, Wisconsin lost over 90,000 manufacturing jobs between January 2000 and November 2006. Unfortunately, many other manufacturing states around the country are facing similarly tough times. The Economic Policy Institute reported that the August 2006 level of manufacturing employment is ``at near lows not seen since the 1950s.'' The continued loss of high-paying manufacturing jobs underscores the need for the Federal Government to support American workers and businesses by buying American-made goods. American workers need our support on a range of issues, whether it is by increasing the minimum wage, fighting against bad trade policies, or encouraging the purchase of American-made goods. The Senate took a good first step with the passage of this legislation. I was proud to vote for the 1996-1997 increase bringing the minimum wage to its current level of $5.15 an hour and I am pleased to now support the increase in the Federal minimum wage from $5.15 to $7.25. When the minimum wage was established in 1938, its purpose was to ensure that American workers were fairly compensated for a day's work. Despite the passage of this increase, far more work needs to be done to support hard-working American families. I look forward to working with my colleagues in this new Congress to promote housing, education, and health care policies that support the working men and women of this country. This is a great victory for families in Wisconsin and throughout the Nation and it is my hope that this first step paves the way for additional legislative victories for working Americans this year.

View in Record
IRAQ2007-01-31

Mr. FEINGOLD

Mr. FEINGOLD. Mr. President, I have listened intently over the past few weeks as the President, members of his Cabinet, and Members of this Chamber have discussed Iraq, the war on terror, and ways to strengthen our national security. For years, now, I have opposed this administration's policies in Iraq as a diversion from the fight against terrorism. But I have never been so sure of the fact that this administration misunderstands the nature of the threats that face our country. I am also surer than ever--and it gives me no pleasure to say this--that this President is incapable of developing and executing a national security strategy that will make our country safer. Unfortunately, Mr. President, because of our disproportionate focus on Iraq, we are not using enough of our military and intelligence capabilities for defeating al-Qaida and other terrorist networks around the world, nor are we focusing sufficient attention on challenges we face with countries such as Iran, North Korea, Syria, or even China. While we have been distracted in Iraq, terrorist networks have developed new capabilities and found new sources of support throughout the world. We have seen terrorist attacks in India, Morocco, Turkey, Afghanistan, Indonesia, Spain, Great Britain, and elsewhere. The administration has failed to adequately address the terrorist safe haven that has existed for years in Somalia or the recent instability that has threatened to destabilize the region. And resurgent Taliban forces are contributing to growing levels of instability in Afghanistan. Meanwhile, the U.S. presence in Iraq is being used as a recruiting tool for terrorist organizations from around the world. We heard the testimony of Dr. Paul Pillar, former lead CIA analyst for the Middle- East, a few weeks ago in front of the Foreign Relations Committee. He said, and I quote: The effects of the war in Iraq on international terrorism were aptly summarized in the National Intelligence Estimate on international terrorism that was partially declassified last fall. In the words of the estimators, the war in Iraq has become a ``cause celebre'' for jihadists, is ``shaping a new generation of terrorist leaders and operatives,'' is one of the major factors fueling the spread of the global jihadist movement, and is being exploited by Al-Qa'ida ``to attract new recruits and donors.'' I concur with those judgments, as I believe would almost any other serious student of international terrorism. [January 10th, 2007] Retired senior military officers have also weighed in against the President's handling of this war. Retired commander of Central Command, General Hoar, testified in front of the Foreign Relations Committee last week. This is what the general said: Sadly, the new strategy, a deeply flawed solution to our current situation, reflects the continuing and chronic inability of the administration to get it right. The courageous men and women of our Armed Forces have been superb. They have met all the challenges of this difficult war. Unfortunately, they have not been well served by the civilian leadership. [January 18th, 2007] If we escalate our involvement in Iraq or continue the President's course, that means keeping large numbers of U.S. military personnel in Iraq indefinitely. It means continuing to ask our brave servicemembers to somehow provide a military solution to a political problem, one that will require the will of the Iraqi people to resolve. Escalating our involvement in Iraq also means that our military's readiness levels will continue to deteriorate. It means that a disproportionate level of our military resources will continue to be focused on Iraq while terrorist networks strengthen their efforts worldwide. The fight against the Taliban and al-Qaida in Afghanistan, too, will continue to suffer, as it has since we invaded Iraq. If we escalate our involvement in Iraq, we won't be able to finish the job in Afghanistan. Finally, the safety of our country would be uncertain, at best. Terrorist organizations and insurgencies around the world will continue to use our presence in Iraq as a rallying cry and recruiting slogan. Terrorist networks will continue to increase their sophistication and reach as our military capabilities are strained in Iraq. These are only some of the costs of this ongoing war in Iraq. I have not addressed the most fundamental cost of this war the loss of the lives of our Nation's finest men and women, and the grief and suffering that accompanies their sacrifice by their families. We have lost 3,075 men and women in uniform, and that number continues to rise. These losses, and the damaging consequences to our national security, are not justified, in my mind, because the war in Iraq was, and remains, a war of choice. Some in this body, even those who have questioned the initial rationale for the war, suggest that we have no choice but to remain in Iraq indefinitely. Some here in this Chamber suggest that there is no choice than to continue to give the President deference, even when the result is damaging to our national security. Some argue it isn't the role of Congress to even debate bringing an end to this war. That argument is mistaken. Congress has a choice, and a responsibility, to determine whether we continue to allow this President to devote so much of our resources to Iraq or whether we listen to the American public and put an end to this war, begin repairing our military, and devote our resources to waging a global campaign against al-Qaida and its allies. We cannot do both. The Constitution gives Congress the explicit power ``[to] declare War,'' ``[t]o raise and support Armies,'' ``[t]o provide and maintain a Navy,'' and ``[t]o make Rules for the Government and Regulation of the land and naval Forces.'' In addition, under article I, ``No Money shall be drawn from the Treasury, but in Consequence of Appropriations made by Law.'' These are direct quotes from the Constitution of the United States. Yet to hear some in the administration talk, it is as if these provisions were written in invisible ink. They were not. These powers are a clear and direct statement from the Founders of our Republic that Congress has authority to declare, to define, and ultimately, to end a war. Our Founders wisely kept the power to fund a war separate from the power to conduct a war. In their brilliant design of our system of government, Congress got the power of the purse, and the President got the power of the sword. As James Madison wrote, ``Those who are to conduct a war cannot in the nature of things, be proper or safe judges, whether a war ought to be commenced, continued or concluded.'' The President has made the wrong judgment about Iraq time and again, first by taking us into war on a fraudulent basis, then by keeping our brave troops in Iraq for nearly 4 years, and now by proceeding despite the opposition of the Congress and the American people to put 21,500 more American troops into harm's way. If and when Congress acts on the will of the American people by ending our involvement in the Iraq war, Congress will be performing the role assigned it by the Founding Fathers defining the nature of our military commitments and acting as a check on a President whose policies are weakening our Nation. There is little doubt that decisive action from the Congress is needed. Despite the results of the election and 2 months of study and supposed consultation--during which experts and Members of Congress from across the political spectrum argued for a new policy--the President has decided to escalate the war. When asked whether he would persist in this policy despite congressional opposition, he replied: ``Frankly, that's not their responsibility.'' Last week Vice President Cheney was asked whether the nonbinding resolution passed by the Foreign Relations Committee that will soon be considered by the full Senate would deter the President from escalating the war. He replied: ``It's not going to stop us.'' In the United States of America, the people are sovereign, not the President. It is Congress's responsibility to challenge an administration that persists in a war that is misguided and that the country opposes. We cannot simply wring our hands and complain about the administration's policy. We cannot just pass resolutions saying ``your policy is mistaken.'' And we can't stand idly by and tell ourselves that it is the President's job to fix the mess he made. It is our job to fix the mess, and if we don't do so we are abdicating our responsibilities. I have just introduced legislation, cosponsored by Senator Boxer, which will prohibit the use of funds to continue the deployment of U.S. forces in Iraq 6 months after enactment. By prohibiting funds after a specific deadline, Congress can force the President to bring our forces out of Iraq and out of harm's way. This legislation will allow the President adequate time to redeploy our troops safely from Iraq, and it will make specific exceptions for a limited number of U.S. troops who must remain in Iraq to conduct targeted counterterrorism and training missions and protect U.S. personnel. It will not hurt our troops in any way--they will continue receiving their equipment, training, and salaries. It will simply prevent the President from continuing to deploy them to Iraq and will provide a hard deadline for bringing them home. By passing this bill, we can finally focus on repairing our military and countering the full range of threats that we face around the world. There is plenty of precedent for Congress exercising its constitutional authority to stop U.S. involvement in armed conflict. Just yesterday, I chaired a Judiciary Committee hearing entitled ``Exercising Congress's Constitutional Power to End a War.'' Without exception, every witness--those called by the majority and the minority--did not challenge the constitutionality of Congress's authority to use the power of the purse to end a war. A number of the witnesses went further and said that Congress has not only the authority but the obligation to take specific actions that are in the interest of the nation. I would like to read one quote by Mr. Lou Fisher of the Library of Congress. He said, and I quote: In debating whether to adopt statutory restrictions on the Iraq War, Members of Congress want to be assured that legislative limitations do not jeopardize the safety and security of U.S. forces. Understandably, every Member wants to respect and honor the performance of dedicated American soldiers. However, the overarching issue for lawmakers is always this: Is a military operation in the nation's interest? If not, placing more U.S. soldiers in harm's way is not a proper response. Members of the House and the Senate cannot avoid the question or defer to the President. Lawmakers always decide the scope of military operations, either by accepting the commitment as it is or by altering its direction and purpose. Decision legitimately and constitutionally resides in Congress. There are significant historical precedents for this type of legislation that I have introduced today. In late December 1970, Congress prohibited the use of funds to finance the introduction of ground combat troops into Cambodia or to provide United States advisors to or for Cambodian military forces in Cambodia. In late June 1973, Congress set a date to cut off funds for combat activities in South East Asia. The provision read, and I quote: None of the funds herein appropriated under this act may be expended to support directly or indirectly combat activities in or over Cambodia, Laos, North Vietnam, and South Vietnam by United States forces, and after August 15, 1973, no other funds heretofore appropriated under any other act may be expended for such purpose. More recently, President Clinton signed into law language that prohibited funding after March 31, 1994, for military operations in Somalia, with certain limited exceptions. And in 1998, Congress passed legislation including a provision that prohibited funding for Bosnia after June 30, 1998, unless the President made certain assurances. Many Members of this body are well aware of this history. Unfortunately, many Members of the Congress are still concerned that any effort to limit the President's damaging policies in Iraq would have adverse consequences. Let me dispel a few myths that have been generated as a result of the discussion about the use of the power of the purse. Some have suggested that if Congress uses the power of the purse, our brave troops in the field will somehow suffer or be hung out to dry. This is completely false. Congress has the power to end funding for the President's failed Iraq policy and force him to bring our troops home. Nothing--nothing--will prevent the troops from receiving the body armor, ammunition, and other resources they need to keep them safe before, during, and after their redeployment. By forcing the President to safely bring our forces out of Iraq, we will protect them, not harm them. Others have suggested that using the power of the purse is micromanaging the war. Not so. It makes no sense to argue that once Congress has authorized a war it cannot take steps to limit or end that war. Setting a clear policy is not micromanaging; it is exactly what the Constitution contemplates, as we have heard today. Congress has had to use its power many times before, often when the executive branch was ignoring the will of the American people. It has done so without micromanaging and without endangering our soldiers. Some have argued that cutting off funding would send the wrong message to the troops. Our new Defense Secretary even made this argument last week with respect to the nonbinding resolution now under consideration. These claims are offensive and self-serving. Congress has the responsibility in our constitutional system to stand up to the President when he is using our military in a way that is contrary to our national interest. If anything, Congress's failure to act when the American people have lost confidence in the President's policy would send a more dangerous and demoralizing message to our troops--that Congress is willing to allow the President to pursue damaging policies that are a threat to our national security and that place them at risk. Any effort to end funding for the war must ensure that our troops are not put in even more danger and that important counterterrorism missions are still carried out. Every Member of this body, without exception, wants to protect our troops, and our country. But we can do that while at the same time living up to our responsibility to stop the President's ill-advised, ill-conceived, and poorly executed policies, which are taking a devastating toll on our military and on our national security. It is up to Congress to do what is right for our troops and for our national security, which has been badly damaged by diverting so many resources into Iraq. As long as this President goes unchecked by Congress, our troops will remain needlessly at risk, and our national security will be compromised. Congress has the duty to stand up and use its power to stop him. If Congress doesn't stop this war, it is not because it doesn't have the power; It is because it doesn't have the will.

View in Record
STATEMENTS ON INTRODUCED BILLS AND JOINT RESOLUTIONS2007-01-31

Mr. FEINGOLD

Mr. FEINGOLD. Mr. President, today I am introducing the Federal Death Penalty Abolition Act of 2007. This bill would abolish the death penalty at the Federal level. It would put an immediate halt to executions and forbid the imposition of the death penalty as a sentence for violations of Federal law. Since 1976, when the death penalty was reinstated by the Supreme Court, there have been 1,060 executions across the country, including three at the Federal level. During that same time period, 123 people on death row have been exonerated and released from death row. These people never should have been convicted in the first place. Consider those numbers. One thousand and sixty executions, and one hundred and twenty-three exonerations in the modern death penalty era. Had those exonerations not taken place, had those 123 people been executed, those executions would have represented an error rate of greater than 10 percent. That is more than an embarrassing statistic; it is a horrifying one, one that should have us all questioning the use of capital punishment in this country. In fact, since 1999 when I first introduced this bill, 46 death row inmates have been exonerated throughout the country. In the face of these numbers, the national debate on the death penalty has intensified. For the second year in a row, the number of executions, the number of death sentences imposed, and the size of the death row population have decreased as a growing number of voices have joined to express doubt about the use of capital punishment in America. The voices of those questioning the fairness of the death penalty have been heard from college campuses and courtrooms and podiums across the Nation, to the Senate Judiciary Committee hearing room, to the United States Supreme Court. The American public understands that the death penalty raises serious and complex issues. The death penalty can no longer be exploited for political purposes. In fact, for the first time, a May 2006 Gallup Poll reported that more Americans prefer a sentence of life without parole over the death penalty when given a choice. If anything, the political consensus is that it is time for a change. We must not ignore these voices. In the wake of the Supreme Court's decision in 1976 to allow capital punishment, the Federal Government first resumed death penalty prosecutions after enactment of a 1988 Federal law that provided for the death penalty for murder in the course of a drug-kingpin conspiracy. The Federal death penalty was then expanded significantly in 1994, when the omnibus crime bill expanded its use to a total of some 60 Federal offenses. And despite my best efforts to halt the expansion of the Federal death penalty, more and more provisions seem to be added every year. While the use of and confidence in the death penalty is decreasing overall, the Federal Government has been going in the opposite direction, making more defendants eligible for capital punishment and increasing the size of its Federal death row. Moreover, there are now six individuals on Federal death row from States that do not have capital punishment. The Federal Government is pulling in the wrong direction as the rest of the Nation moves toward a more just system. On this very day eight years ago, Governor George Ryan took the historic step of placing a moratorium on executions in Illinois and creating an independent, blue ribbon commission to review the State's death penalty system. The Commission conducted an extensive study of the death penalty in Illinois and released a report with 85 recommendations for reform of the death penalty system. The Commission concluded that the death penalty system is not fair, and that the risk of executing the innocent is alarmingly real. Governor Ryan later pardoned four death row inmates and commuted the sentences of all remaining Illinois death row inmates to life in prison before he left office in January 2003. Illinois is not alone. Seven years ago, then Maryland Governor Parris Glendening learned of suspected racial disparities in the administration of the death penalty in Maryland. Governor Glendening did not look the other way. He commissioned the University of Maryland to conduct the most exhaustive study of Maryland's application of the death penalty in history. Then faced with the rapid approach of a scheduled execution, Governor Glendening acknowledged that it was unacceptable to allow executions to take place while the study he had ordered was not yet complete. So, in May 2002, he placed a moratorium on executions. Although Governor Bob Ehrlich lifted that moratorium and allowed executions to resume during his tenure, Governor Martin O'Malley has indicated that he would approve a legislative repeal of the death penalty and that he, like the majority in this country, favors life without parole. Other States also have taken important steps. New York's death penalty was overturned by a court decision in 2004 and has not been reinstated by the legislature, and New Jersey enacted a moratorium in 2006. Along with New York and New Jersey, four other States that still have the death penalty technically on their books have not executed any individuals since 1976. In addition, there are 12 States, plus the District of Columbia, whose laws do not provide for capital punishment at all. And following in the footsteps of Illinois and Maryland, North Carolina and California both began legislative studies of their own capital punishment systems this past year. The more we learn about the death penalty through studies like those, the more reasons we have to oppose it. For example, the Maryland study--released in January 2003--contained findings that should startle us all. The study found that blacks accused of killing whites are more likely to receive a death sentence than blacks who kill blacks, or than white killers. According to the report, black offenders who kill whites are four times as likely to be sentenced to death as blacks who kill blacks, and twice as likely to get a death sentence as whites who kill whites. The Maryland and Illinois studies cannot be brushed aside as atypical or dismissed as revealing state-specific anomalies in an otherwise perfect system. Years of study have shown that the death penalty does little to deter crime, and that defendants' likelihood of being sentenced to death depends heavily on illegitimate factors such as whether they are rich or poor. Since reinstatement of the modern death penalty, 80 percent of murder victims in cases where death sentences were handed down were white, even though only 50 percent of murder victims are white. Nationwide, more than half of the death row inmates are African Americans or Hispanic Americans. There is evidence of racial disparities, inadequate counsel, prosecutorial misconduct, and false scientific evidence in death penalty systems across the country. At least Maryland, Illinois, North Carolina, and California have begun the process of investigating the flaws in their own systems. But there are 36 other States that have death penalty provisions in their laws, 36 other States with systems that are most likely plagued with the same flaws. And these systems come at great additional cost to the taxpayers. For example, a 2005 report found that California's death penalty system costs taxpayers $114 million in additional costs each year. Similar reports detailing the extraordinary financial costs of the death penalty have been generated for States across the Nation. Moreover, there are growing concerns about the most common method of execution, lethal injection. These concerns are so grave that eight States and the Federal system all halted individual executions in 2006 to work through these problems. And these numbers are growing. Just this last week, executions in North Carolina were halted because of challenges to lethal injection. More and more research is emerging that suggests that lethal injections are unnecessarily painful and cruel, and that this method of capital punishment--however sanitary or humane it may appear--is no less barbaric than the more antiquated methods lethal injection was designed to replace, such as the noose or the firing squad, no less horrific than the electric chair or the gas chamber. Nothing is more barbaric, of course, than the execution of an innocent person, and it is clearer than ever that the risk is very real. Already, information has surfaced that suggests that two men put to death in the 1990s may have been innocent. This is a chilling prospect, one that illustrates the very grave danger in imposing the death penalty. The loss of just one innocent life through capital punishment should be enough to force all of us to stop and reconsider this penalty. And while we examine the flaws in our death penalty system, we cannot help but note that our use of the death penalty stands in stark contrast to the majority of nations, which have abolished the death penalty in law or practice. There are now 123 countries that have done so. In 2005, only China, Iran, and Saudi Arabia executed more people than we did. These countries, and others on the list of nations that actively use capital punishment, are countries that we often criticize for human rights abuses. The European Union denies membership in the alliance to those nations that use the death penalty. In fact, it passed a resolution calling for the immediate and unconditional global abolition of the death penalty, and it specifically called on all States within the United States to abolish the death penalty. This is significant because it reflects the unanimous view of a group of nations with which the United States enjoys close relationships and shares common values. We should join with them and with the over 100 other nations that have renounced this practice. We are a Nation that prides itself on the fundamental principles of justice, liberty, equality and due process. We are a Nation that scrutinizes the human rights records of other nations. Historically, we are one of the first Nations to speak out against torture and killings by foreign governments. We should hold our own system of justice to the highest standard. As a matter of justice, this is an issue that transcends political allegiances. A range of prominent voices in our country are raising serious questions about the death penalty, and they are not just voices of liberals, or of the faith community. They are the voices of former FBI Director William Sessions, former Justice Sandra Day O'Connor, Reverend Pat Robertson, George Will, former Mississippi warden Donald Cabana, the Republican former Governor of Illinois, George Ryan, and the Democratic former Governor of Maryland, Parris Glendening. The voices of those questioning our application of the death penalty are growing in number, they are growing louder, and they are reflected in some of the decisions of the highest court of the land. In recent years, the Supreme Court has held that the execution of juvenile offenders and the mentally retarded is unconstitutional. As we begin a new year and a new Congress, I believe the continued use of the death penalty in the United States is beneath us. The death penalty is at odds with our best traditions. It is wrong and it is immoral. The adage ``two wrongs do not make a right,'' applies here in the most fundamental way. Our Nation has long ago done away with other barbaric punishments like whipping and cutting off the ears of criminals. Just we did away with these punishments as contrary to our humanity and ideals, it is time to abolish the death penalty as we seek to spread peace and justice both here and overseas. It is not just a matter of morality. The continued viability of our criminal justice system as a truly just system that deserves the respect of our own people and the world requires that we do so. Our Nation's goal to remain the world's leading defender of freedom, liberty and equality demands that we do so. Abolishing the death penalty will not be an easy task. It will take patience, persistence, and courage. As we work to move forward in a rapidly changing world, let us leave this archaic practice behind. I ask my colleagues to join me in taking the first step in abolishing the death penalty in our great Nation. I also call on each State that authorizes the use of the death penalty to cease this practice. Let us together reject violence and restore fairness and integrity to our criminal justice system. I ask unanimous consent that the text of the bill be printed in the Record.

Mr. FEINGOLD. Mr. President, I am pleased to be working once again with my partner in reform, the senior Senator from Arizona, Senator McCain, to introduce the 527 Reform Act. Our purpose is simple--to pass legislation that will do what the FEC could and should do under current law, but, once again, has failed to do. Current Federal election law requires these groups to register as political committees and to stop raising and spending soft money. But the FEC has failed to enforce the law, so we must act in the Congress. This bill will make it absolutely clear that the federal election laws apply to 527 organizations. We had to something similar with BCRA, the Bipartisan Campaign Reform Act, which passed in 2002, closing the soft money loophole that the FEC created in the late '70s and expanded in the '90s. That struggle took seven years. We have now been seeking to bring 527s within the law for four. This bill will require all 527s to register as political committees unless they fall into a number of narrow categories. The exceptions are basically for groups that Congress exempted from disclosure requirements because they are so small or for groups that are involved exclusively in State election activity. Once a group registers as a political committee, certain activities, such as ads that mention only Federal candidates, will have to be paid for solely with hard money. Under current rules, the FEC permits Federal political committees to maintain a non-Federal account to pay a portion of the expenses of activities that affect both Federal and non-Federal elections. Our bill sets new allocation rules that will make sure that these allocable activities are paid for with at least 50 percent hard money. Finally, the bill makes an important change with respect to the non- federal portion of the allocable activities. We put a limit of $25,000 per year on the contributions that can be accepted for that non-federal account. This means no more million dollar soft money contributions to pay for get-out-the-vote efforts in the presidential campaign. Nothing in this bill will affect legitimate 501(c) advocacy groups. The bill only applies to groups that claim a tax exemption under section 527. Having laid out the central components of the bill, let me discuss how this bill has evolved, and the differences between this bill and the bill we introduced in 2005. In the last Congress, we made a great deal of progress working with the Senator from Mississippi, who at the time chaired the Rules Committee. Prior to taking the bill to a markup in the spring of 2005, Senator Lott worked with us to clarify the bill and address some of the concerns that had been raised about it. The bill we are introducing today is identical to the ``Chairman's Mark'' that Senator Lott brought before the Rules Committee last year. While the original bill exempted 527s engaged exclusively in state elections from the registration requirement, it denied the exemption to groups that carry out ``voter drive activities''--defined as get-out- the vote, voter ID, or voter registration--during a federal election year. This made the exemption too narrow, so we looked for another way to ensure that state 527s that only work on behalf of non-Federal officeholders will not have to become Federal PACs. The Chairman's Mark, and this year's bill, completely exempt organizations of State and local candidates or officeholders. Groups such as the Democratic Governors Association, Republican Governors Association, or a state legislative caucus would be exempt, as long as their voter drive activities only mention state candidates or ballot issues. These groups do not qualify for the exemption, however, if they mention Federal candidates in their communications. Second, the bill provides a slightly narrower exemption for State PACs that are active only in State elections. The only additional requirements for these PACs to qualify for an exemption are that they can only be active in a single State, and they cannot have a candidate for Federal office or Federal officeholder controlling or participating in the organization or raising money for it. Finally, we made a number of changes to ensure that Federal PACs that allocate expenditures can use non-Federal money for expenditures designed only to assist State candidates even if they make an incidental reference to a Federal candidate or political party. The changes to the legislation that we made last year working with Senator Lott prior to the Rules Committee markup have been carried forward in the bill we introduce today. They improved and strengthened the bill. Unfortunately, other amendments were added during the Rules Committee consideration of the bill that we could not support. So the bill that we are introducing today is the same as the bill that went to markup in 2005, not the bill that was reported. In closing, let me remind my colleagues that the soft money loophole was first opened by FEC rulings in the late '70s. By the time we started work on BCRA, the problem had mushroomed and led to the scandals we saw in the 1996 campaign. When we passed BCRA, I said we would have to be vigilant to make sure that the FEC enforced the law and that similar loopholes did not develop. That is what we are trying to do here. I have no doubt that if we don't act on this 527 problem now, we will see more problems explode into scandals over the next few election cycles. In the 2004 cycle, Federal-oriented 527s spend $423 million. In fact, there were two donors who each contributed over $20 million. We cannot afford to wait until another presidential campaign season is in full bloom before addressing this problem. This FEC-ordained loophole threatens to further undermine the federal election laws. We must close it this year.

View in Record
Introductory Statement on S. 4472007-01-31

Mr. FEINGOLD

Mr. FEINGOLD. Mr. President, today I am introducing the Federal Death Penalty Abolition Act of 2007. This bill would abolish the death penalty at the Federal level. It would put an immediate halt to executions and forbid the imposition of the death penalty as a sentence for violations of Federal law. Since 1976, when the death penalty was reinstated by the Supreme Court, there have been 1,060 executions across the country, including three at the Federal level. During that same time period, 123 people on death row have been exonerated and released from death row. These people never should have been convicted in the first place. Consider those numbers. One thousand and sixty executions, and one hundred and twenty-three exonerations in the modern death penalty era. Had those exonerations not taken place, had those 123 people been executed, those executions would have represented an error rate of greater than 10 percent. That is more than an embarrassing statistic; it is a horrifying one, one that should have us all questioning the use of capital punishment in this country. In fact, since 1999 when I first introduced this bill, 46 death row inmates have been exonerated throughout the country. In the face of these numbers, the national debate on the death penalty has intensified. For the second year in a row, the number of executions, the number of death sentences imposed, and the size of the death row population have decreased as a growing number of voices have joined to express doubt about the use of capital punishment in America. The voices of those questioning the fairness of the death penalty have been heard from college campuses and courtrooms and podiums across the Nation, to the Senate Judiciary Committee hearing room, to the United States Supreme Court. The American public understands that the death penalty raises serious and complex issues. The death penalty can no longer be exploited for political purposes. In fact, for the first time, a May 2006 Gallup Poll reported that more Americans prefer a sentence of life without parole over the death penalty when given a choice. If anything, the political consensus is that it is time for a change. We must not ignore these voices. In the wake of the Supreme Court's decision in 1976 to allow capital punishment, the Federal Government first resumed death penalty prosecutions after enactment of a 1988 Federal law that provided for the death penalty for murder in the course of a drug-kingpin conspiracy. The Federal death penalty was then expanded significantly in 1994, when the omnibus crime bill expanded its use to a total of some 60 Federal offenses. And despite my best efforts to halt the expansion of the Federal death penalty, more and more provisions seem to be added every year. While the use of and confidence in the death penalty is decreasing overall, the Federal Government has been going in the opposite direction, making more defendants eligible for capital punishment and increasing the size of its Federal death row. Moreover, there are now six individuals on Federal death row from States that do not have capital punishment. The Federal Government is pulling in the wrong direction as the rest of the Nation moves toward a more just system. On this very day eight years ago, Governor George Ryan took the historic step of placing a moratorium on executions in Illinois and creating an independent, blue ribbon commission to review the State's death penalty system. The Commission conducted an extensive study of the death penalty in Illinois and released a report with 85 recommendations for reform of the death penalty system. The Commission concluded that the death penalty system is not fair, and that the risk of executing the innocent is alarmingly real. Governor Ryan later pardoned four death row inmates and commuted the sentences of all remaining Illinois death row inmates to life in prison before he left office in January 2003. Illinois is not alone. Seven years ago, then Maryland Governor Parris Glendening learned of suspected racial disparities in the administration of the death penalty in Maryland. Governor Glendening did not look the other way. He commissioned the University of Maryland to conduct the most exhaustive study of Maryland's application of the death penalty in history. Then faced with the rapid approach of a scheduled execution, Governor Glendening acknowledged that it was unacceptable to allow executions to take place while the study he had ordered was not yet complete. So, in May 2002, he placed a moratorium on executions. Although Governor Bob Ehrlich lifted that moratorium and allowed executions to resume during his tenure, Governor Martin O'Malley has indicated that he would approve a legislative repeal of the death penalty and that he, like the majority in this country, favors life without parole. Other States also have taken important steps. New York's death penalty was overturned by a court decision in 2004 and has not been reinstated by the legislature, and New Jersey enacted a moratorium in 2006. Along with New York and New Jersey, four other States that still have the death penalty technically on their books have not executed any individuals since 1976. In addition, there are 12 States, plus the District of Columbia, whose laws do not provide for capital punishment at all. And following in the footsteps of Illinois and Maryland, North Carolina and California both began legislative studies of their own capital punishment systems this past year. The more we learn about the death penalty through studies like those, the more reasons we have to oppose it. For example, the Maryland study--released in January 2003--contained findings that should startle us all. The study found that blacks accused of killing whites are more likely to receive a death sentence than blacks who kill blacks, or than white killers. According to the report, black offenders who kill whites are four times as likely to be sentenced to death as blacks who kill blacks, and twice as likely to get a death sentence as whites who kill whites. The Maryland and Illinois studies cannot be brushed aside as atypical or dismissed as revealing state-specific anomalies in an otherwise perfect system. Years of study have shown that the death penalty does little to deter crime, and that defendants' likelihood of being sentenced to death depends heavily on illegitimate factors such as whether they are rich or poor. Since reinstatement of the modern death penalty, 80 percent of murder victims in cases where death sentences were handed down were white, even though only 50 percent of murder victims are white. Nationwide, more than half of the death row inmates are African Americans or Hispanic Americans. There is evidence of racial disparities, inadequate counsel, prosecutorial misconduct, and false scientific evidence in death penalty systems across the country. At least Maryland, Illinois, North Carolina, and California have begun the process of investigating the flaws in their own systems. But there are 36 other States that have death penalty provisions in their laws, 36 other States with systems that are most likely plagued with the same flaws. And these systems come at great additional cost to the taxpayers. For example, a 2005 report found that California's death penalty system costs taxpayers $114 million in additional costs each year. Similar reports detailing the extraordinary financial costs of the death penalty have been generated for States across the Nation. Moreover, there are growing concerns about the most common method of execution, lethal injection. These concerns are so grave that eight States and the Federal system all halted individual executions in 2006 to work through these problems. And these numbers are growing. Just this last week, executions in North Carolina were halted because of challenges to lethal injection. More and more research is emerging that suggests that lethal injections are unnecessarily painful and cruel, and that this method of capital punishment--however sanitary or humane it may appear--is no less barbaric than the more antiquated methods lethal injection was designed to replace, such as the noose or the firing squad, no less horrific than the electric chair or the gas chamber. Nothing is more barbaric, of course, than the execution of an innocent person, and it is clearer than ever that the risk is very real. Already, information has surfaced that suggests that two men put to death in the 1990s may have been innocent. This is a chilling prospect, one that illustrates the very grave danger in imposing the death penalty. The loss of just one innocent life through capital punishment should be enough to force all of us to stop and reconsider this penalty. And while we examine the flaws in our death penalty system, we cannot help but note that our use of the death penalty stands in stark contrast to the majority of nations, which have abolished the death penalty in law or practice. There are now 123 countries that have done so. In 2005, only China, Iran, and Saudi Arabia executed more people than we did. These countries, and others on the list of nations that actively use capital punishment, are countries that we often criticize for human rights abuses. The European Union denies membership in the alliance to those nations that use the death penalty. In fact, it passed a resolution calling for the immediate and unconditional global abolition of the death penalty, and it specifically called on all States within the United States to abolish the death penalty. This is significant because it reflects the unanimous view of a group of nations with which the United States enjoys close relationships and shares common values. We should join with them and with the over 100 other nations that have renounced this practice. We are a Nation that prides itself on the fundamental principles of justice, liberty, equality and due process. We are a Nation that scrutinizes the human rights records of other nations. Historically, we are one of the first Nations to speak out against torture and killings by foreign governments. We should hold our own system of justice to the highest standard. As a matter of justice, this is an issue that transcends political allegiances. A range of prominent voices in our country are raising serious questions about the death penalty, and they are not just voices of liberals, or of the faith community. They are the voices of former FBI Director William Sessions, former Justice Sandra Day O'Connor, Reverend Pat Robertson, George Will, former Mississippi warden Donald Cabana, the Republican former Governor of Illinois, George Ryan, and the Democratic former Governor of Maryland, Parris Glendening. The voices of those questioning our application of the death penalty are growing in number, they are growing louder, and they are reflected in some of the decisions of the highest court of the land. In recent years, the Supreme Court has held that the execution of juvenile offenders and the mentally retarded is unconstitutional. As we begin a new year and a new Congress, I believe the continued use of the death penalty in the United States is beneath us. The death penalty is at odds with our best traditions. It is wrong and it is immoral. The adage ``two wrongs do not make a right,'' applies here in the most fundamental way. Our Nation has long ago done away with other barbaric punishments like whipping and cutting off the ears of criminals. Just we did away with these punishments as contrary to our humanity and ideals, it is time to abolish the death penalty as we seek to spread peace and justice both here and overseas. It is not just a matter of morality. The continued viability of our criminal justice system as a truly just system that deserves the respect of our own people and the world requires that we do so. Our Nation's goal to remain the world's leading defender of freedom, liberty and equality demands that we do so. Abolishing the death penalty will not be an easy task. It will take patience, persistence, and courage. As we work to move forward in a rapidly changing world, let us leave this archaic practice behind. I ask my colleagues to join me in taking the first step in abolishing the death penalty in our great Nation. I also call on each State that authorizes the use of the death penalty to cease this practice. Let us together reject violence and restore fairness and integrity to our criminal justice system. I ask unanimous consent that the text of the bill be printed in the Record.

View in Record
Introductory Statement on S. 4632007-01-31

Mr. FEINGOLD

Mr. FEINGOLD. Mr. President, I am pleased to be working once again with my partner in reform, the senior Senator from Arizona, Senator McCain, to introduce the 527 Reform Act. Our purpose is simple--to pass legislation that will do what the FEC could and should do under current law, but, once again, has failed to do. Current Federal election law requires these groups to register as political committees and to stop raising and spending soft money. But the FEC has failed to enforce the law, so we must act in the Congress. This bill will make it absolutely clear that the federal election laws apply to 527 organizations. We had to something similar with BCRA, the Bipartisan Campaign Reform Act, which passed in 2002, closing the soft money loophole that the FEC created in the late '70s and expanded in the '90s. That struggle took seven years. We have now been seeking to bring 527s within the law for four. This bill will require all 527s to register as political committees unless they fall into a number of narrow categories. The exceptions are basically for groups that Congress exempted from disclosure requirements because they are so small or for groups that are involved exclusively in State election activity. Once a group registers as a political committee, certain activities, such as ads that mention only Federal candidates, will have to be paid for solely with hard money. Under current rules, the FEC permits Federal political committees to maintain a non-Federal account to pay a portion of the expenses of activities that affect both Federal and non-Federal elections. Our bill sets new allocation rules that will make sure that these allocable activities are paid for with at least 50 percent hard money. Finally, the bill makes an important change with respect to the non- federal portion of the allocable activities. We put a limit of $25,000 per year on the contributions that can be accepted for that non-federal account. This means no more million dollar soft money contributions to pay for get-out-the-vote efforts in the presidential campaign. Nothing in this bill will affect legitimate 501(c) advocacy groups. The bill only applies to groups that claim a tax exemption under section 527. Having laid out the central components of the bill, let me discuss how this bill has evolved, and the differences between this bill and the bill we introduced in 2005. In the last Congress, we made a great deal of progress working with the Senator from Mississippi, who at the time chaired the Rules Committee. Prior to taking the bill to a markup in the spring of 2005, Senator Lott worked with us to clarify the bill and address some of the concerns that had been raised about it. The bill we are introducing today is identical to the ``Chairman's Mark'' that Senator Lott brought before the Rules Committee last year. While the original bill exempted 527s engaged exclusively in state elections from the registration requirement, it denied the exemption to groups that carry out ``voter drive activities''--defined as get-out- the vote, voter ID, or voter registration--during a federal election year. This made the exemption too narrow, so we looked for another way to ensure that state 527s that only work on behalf of non-Federal officeholders will not have to become Federal PACs. The Chairman's Mark, and this year's bill, completely exempt organizations of State and local candidates or officeholders. Groups such as the Democratic Governors Association, Republican Governors Association, or a state legislative caucus would be exempt, as long as their voter drive activities only mention state candidates or ballot issues. These groups do not qualify for the exemption, however, if they mention Federal candidates in their communications. Second, the bill provides a slightly narrower exemption for State PACs that are active only in State elections. The only additional requirements for these PACs to qualify for an exemption are that they can only be active in a single State, and they cannot have a candidate for Federal office or Federal officeholder controlling or participating in the organization or raising money for it. Finally, we made a number of changes to ensure that Federal PACs that allocate expenditures can use non-Federal money for expenditures designed only to assist State candidates even if they make an incidental reference to a Federal candidate or political party. The changes to the legislation that we made last year working with Senator Lott prior to the Rules Committee markup have been carried forward in the bill we introduce today. They improved and strengthened the bill. Unfortunately, other amendments were added during the Rules Committee consideration of the bill that we could not support. So the bill that we are introducing today is the same as the bill that went to markup in 2005, not the bill that was reported. In closing, let me remind my colleagues that the soft money loophole was first opened by FEC rulings in the late '70s. By the time we started work on BCRA, the problem had mushroomed and led to the scandals we saw in the 1996 campaign. When we passed BCRA, I said we would have to be vigilant to make sure that the FEC enforced the law and that similar loopholes did not develop. That is what we are trying to do here. I have no doubt that if we don't act on this 527 problem now, we will see more problems explode into scandals over the next few election cycles. In the 2004 cycle, Federal-oriented 527s spend $423 million. In fact, there were two donors who each contributed over $20 million. We cannot afford to wait until another presidential campaign season is in full bloom before addressing this problem. This FEC-ordained loophole threatens to further undermine the federal election laws. We must close it this year.

View in Record
Introductory Statement on S. 4272007-01-30

Mr. FEINGOLD

Mr. FEINGOLD. Mr. President, today I am reintroducing the Affordable Housing Expansion and Public Safety Act to address some of the housing affordability issues faced by my constituents and by Americans around the country, including unaffordable rental burdens, lack of safe and affordable housing stock, and public safety concerns in public and federally assisted housing. My legislation is fully offset, while also providing $2.69 billion in deficit reduction over the next 10 years. Increasing numbers of Americans are facing housing affordability challenges, whether they are renters or homeowners. But the housing affordability burden falls most heavily on low-income renters throughout our country. Ensuring that all Americans have safe and secure housing is about more than just providing families with somewhere to live, however. Safe and decent housing provides children with stable environments, and research has shown that students achieve at higher rates if they have secure housing. Affordable housing allows families to spend more of their income on life's other necessities including groceries, health care, and education costs as well as save money for their futures. I have heard from a number of Wisconsinites around my State about their concerns about the lack of affordable housing, homelessness, and the increasingly severe cost burdens that families have to undertake in order to afford housing. This bill is especially needed now, given the breakdown in the fiscal year 2007 appropriations process. This week, the House is scheduled to pass a joint funding resolution to fund federal agencies through the rest of fiscal year 2007. I have heard from Wisconsinites concerned that the funding levels in the resolution could affect the ability of various local housing authorities to serve the same number of individuals as were assisted last year, never mind trying to serve the increasing numbers of individuals around the State who need housing assistance. Yesterday, the House Appropriations Committee filed the joint funding resolution and I am pleased to see the Committee included a boost in funding for Section 8 tenant-based and project-based vouchers, allowing HUD to renew the vouchers that are currently in use by families. In addition to maintaining the current level of vouchers, I hope that we in Congress can work together this year to fund new Section 8 vouchers to help address the critical rental assistance needs throughout the country. My bill does not address every housing need out there, but I believe it is a good, necessary first step. My legislation does address a number of different issues that local communities in my State and around the country are facing, including the need for more rental assistance, the creation and preservation of more affordable housing units, and the ability to more adequately address public safety concerns of residents of federally assisted housing. Congress needs to act on other vital housing needs this year including addressing the large shortfall in the public housing operating fund. I have heard from housing authorities ranging in size from Menomonie Housing Authority to Milwaukee Housing Authority about the shortfall in operating funds and the negative impact it is having on the communities these housing agencies are serving. This shortfall in operating subsidies impacts public housing authorities and the people they serve by reducing funding for maintenance costs associated with running buildings and limiting the services that housing authorities can provide, such as covering utility cost increases. The joint funding resolution filed yesterday also included an increase of $300 million for public housing authorities to pay for these important operating costs, including the increases in utility costs. This is a good start and we must continue working this year to provide much- needed assistance to these housing authorities and the individuals and families they serve. Unfortunately, affordable housing is becoming less, not more, available in the United States. Research shows that the number of families facing severe housing cost burdens grew by almost two million households between 2001 and 2004. Additionally, one in three families spends more than 30 percent of their earnings on housing costs. The National Alliance to End Homelessness reports that at least 500,000 Americans are homeless every day and two million to three million Americans are homeless for various lengths of time each year. Cities, towns, and rural communities across the country are confronting a lack of affordable housing for their citizens. This is not an issue that confronts just one region of the Nation or one group of Americans. Decent and affordable housing is so essential to the well-being of Americans that the Federal Government must provide adequate assistance to our citizens to ensure that all Americans can afford to live in safe and affordable housing. Congress has created effective affordable housing and community development programs, but as is the case with many of the Federal social programs, these housing programs are inadequately funded and do not meet the need in our communities. We in Congress must do what we can to ensure these programs are properly funded, while taking into account the tight fiscal constraints we are facing. The Section 8 Housing Choice Voucher Program, originally created in 1974, is now the largest Federal housing program in terms of HUD's budget with approximately two million vouchers currently authorized. Yet the current number of vouchers does not come close to meeting the demand that exists in communities around our country. In my State of Wisconsin, the city of Milwaukee opened up their Section 8 waiting list for the first time since 1999 earlier this year for twenty four hours and received more than 17,000 applications. The city of Madison has not accepted new applications for Section 8 in over three years and reports that hundreds of families are on the waiting list. Unfortunately, situations like this exist around the country. According to the 2005 U.S. Conference of Mayors Hunger and Homelessness Survey, close to 5,000 people are on the Section 8 waiting list in Boston. Detroit has not taken applications for the past two years and currently has a waiting list of over 9,000 people. Phoenix closed its waiting list in 2005 and reported that 30,000 families were on its waiting list. In certain cities, waiting lists are years long and according to the Center on Budget and Policy Priorities, the typical waiting period for a voucher was two and a half years in 2003. Given these statistics, it is clear there is the need for more Section 8 vouchers than currently exist. While there are certainly areas of the Section 8 program that need to be examined and perhaps reformed, a number of different government agencies and advocacy organizations all cite the effectiveness of Section 8 in assisting low-income families in meeting some of their housing needs. In 2002, the Government Accountability Office determined that the total cost of a one-bedroom housing unit through the Section 8 program costs less than it would through other federal housing programs. The same year, the Bipartisan Millennial Housing Commission reported to Congress that the Section 8 program is ``flexible, cost- effective, and successful in its mission.'' The Commission further stated that the vouchers ``should continue to be the linchpin of a national policy providing very low-income renters access to the privately owned housing stock.'' The Commission also called for funding for substantial annual increments of vouchers for families who need housing assistance. This recommendation echoes the calls by advocates around the country, many of whom have called for 100,000 new, or incremental, Section 8 vouchers to be funded annually by Congress. My bill takes this first step, calling for the funding of 100,000 incremental vouchers in fiscal year 2008. I have identified enough funds in my offsets to provide money for the renewal of these 100,000 vouchers for the next decade. While this increase does not meet the total demand that exists out there for Section 8 vouchers, I believe it is a strong first step. My legislation is fully offset and if it were passed in its current form, would provide for the immediate funding of these vouchers. I believe Congress should take the time to examine where other spending could be cut in order to continue to provide sizeable annual increases in new vouchers for the Section 8 program. According to the Congressional Research Service, incremental vouchers have not been funded since fiscal year 2002. During the past three to four years, the need for Federal housing assistance has grown and it will continue to grow in future years. We need to make a commitment to find the resources in our budget to ensure continued and increased funding for Section 8 vouchers. We should examine doing more than just providing more money for Section 8. There have been numerous stories in my home State of Wisconsin about various concerns with the Section 8 program, ranging from potential discrimination on the part of landlords in declining to rent to Section 8 voucher holders to the administrative burdens landlords face when participating in the Section 8 program. Additionally, there are substantial concerns with the funding formula the Bush Administration is currently using for the Section 8 program. I look forward to working with my colleagues in this Congress to address these and other issues and make the Section 8 program more effective, more secure, and more accessible to citizens throughout the country. But providing rental assistance is not the only answer to solving the housing affordability problem in our country. We must also work to increase the availability of affordable housing stock in our communities through facilitating production of housing units affordable to extremely low and very low income Americans. The HOME Investments Partnership Program, more commonly known as HOME, was created in 1990 to assist states and local communities in producing affordable housing for low income families. HOME is a grant program that allows participating jurisdictions the flexibility to use funds for new production, preservation, and rehabilitation of existing housing stock. HOME is an effective federal program that is used in concert with other existing housing programs to provide affordable housing units for low income Americans throughout the country. According to recent data from HUD, since fiscal year 1992, over $23 billion has been allocated through the HOME program to participating jurisdictions around the country. There have been over 800,000 units committed, including over 200,000 new construction units. HUD reports that over 700,000 units have been completed or funded. Communities in my State of Wisconsin have received over $370 million since 1992 and have seen over 20,000 housing units completed since 1992. Cities and States around the country are able to report numerous success stories in part due to the HOME funding that has been allocated to participating jurisdictions since 1992. The Bipartisan Millennial Housing Commission found that the HOME program is highly successful and recommended a substantial increase in funding for HOME in 2002. Unfortunately, for the past two fiscal years, the HOME program has seen a decline in funding. In fiscal year 2005, HOME was funded at $1.9 billion and in fiscal year 2006, HOME was funded at a little more than $1.7 billion. As a result of this decline in funding, all participating jurisdictions in Wisconsin saw a decline in HOME dollars, with some jurisdictions seeing a decline of more than six percent. We need to ensure these funding cuts to HOME do not continue in the future and we must provide more targeted resources within HOME for the people most in need. But, as successful as the HOME program is, more needs to be done to assist extremely low income families. My legislation seeks to target additional resources to the Americans most in need by using the HOME structure to distribute new funding to participating jurisdictions with the requirement that these participating jurisdictions use these set- aside dollars to produce, rehab, or preserve affordable housing for extremely low income families, or people at 30 percent of area median income or below. As we all know, extremely low income households face the most severe affordable housing cost burdens of any Americans. According to data from HUD and the American Housing Survey, 56 percent of extremely low income renter households deal with severe affordability housing issues while only 25 percent of these renters are not burdened with affordability concerns. HUD also found that half of all extremely low income owner households are severely burdened by affordability concerns. Data shows more than 75 percent of renter households with severe housing affordability burdens are extremely low income families and more than half of extremely low income households pay at least half of their income on housing. The Bipartisan Millennial Housing Commission has stated that ``the most serious housing problem in America is the mismatch between the number of extremely low income renter households and the number of units available to them with acceptable quality and affordable rents.'' The Commission also noted that there is no federal program solely for the preservation or production of housing for extremely low or moderate income families. Because of these severe burdens and the high cost of providing safe and affordable housing to families at 30 percent or below of area median income, my bill would provide $400 million annually on top of the money that Congress already appropriates through HOME. I have heard from a number of housing advocates in Wisconsin that we have effective housing programs but the programs are not funded adequately. This is why I decided to administer this funding through the HOME program; local communities are familiar with the requirements and regulations of the HOME program and I think it is important not to place unnecessary and new administrative hurdles on local cities and communities. Participating jurisdictions will be able to use this new funding under the eligible uses currently allowed by HOME to best meet the needs of the extremely low income families in their respective communities. But participating jurisdictions must certify that this funding is going to extremely low income households and must report on how the funds are being utilized in their communities. Funds are intended to be distributed on a pro-rata basis to ensure participating jurisdictions around the country receive funding. I also require that the Secretary notify participating jurisdictions that this new funding for extremely low income households in no way excuses such jurisdictions from continuing to use existing HOME dollars to serve extremely low income families. It is my hope that this extra funding will provide an increased incentive to local cities and communities to dedicate more resources to producing and preserving affordable housing for the most vulnerable Americans. My bill would also reauthorize a critical crime-fighting grant program: the Public and Assisted Housing Crime and Drug Elimination Program, formerly known as ``PHDEP.'' Unfortunately, the PHDEP program has not been funded since 2001, and its statutory authorization expired in 2003. It is time to bring back this important grant program, which provided much-needed public safety resources to public housing authorities and their tenants. My legislation would authorize $200 million per year for five years for this program. After more than a decade of declining crime rates, new FBI statistics indicate that 2005 brought an overall increase in violent crime across the country, and particularly in the Midwest. Nationwide, violent crime increased 2.3 percent between 2004 and 2005, and in the Midwest, violent crime increased 5.6 percent between 2004 and 2005. Housing authorities and others providing assisted housing are feeling the effects of this shift, but just as the crime rate is rising, their resources to fight back are dwindling. We need to provide them with funding targeted at preventing and reducing violent and drug-related crime, so that they can provide a safe living environment for their tenants. Reauthorizing the Public and Assisted Housing Crime and Drug Elimination Program should not be controversial. The program has long enjoyed bipartisan support. It was first sponsored by Senator Lautenberg in 1988, and first implemented in 1989 under then-Housing and Urban Development Secretary Jack Kemp. When in effect, it funded numerous crime-fighting measures in housing authorities all over the country. In Milwaukee, grants under this program funded a variety of important programs. It provided funding to the Housing Authority of the City of Milwaukee to hire public safety officers who are on site 24 hours a day to respond to calls and intervene when problems arise, and who work collaboratively with local law enforcement agencies. According to the Housing Authority, by the time the PHDEP program was defunded, public safety officers were responding to more than 8,000 calls per year, dealing quickly and effectively with thefts, drug use and sales, and other problems. Grants under the program also allowed the Housing Authority in Milwaukee to conduct crime prevention programs through the Boys and Girls Club of Greater Milwaukee and other on-site agencies, providing youths and others living in public housing with a variety of educational, job training and life skill programs. When the PHDEP program was defunded during the fiscal year 2002 budget cycle, the Administration argued that crime-fighting measures should be funded through the Public Housing Operating Fund and promised an increase in that Fund to account for part of the loss of PHDEP funds. That allowed some programs previously funded under PHDEP to continue for a few years. But now there is a significant shortfall in the Operating Fund and HUD is proposing limits on how capital funds can be used, and housing authorities nationwide--including in Milwaukee-- have been faced with tough decisions, including cutting some or all of their crime reduction programs. It is time for Congress to step in and reauthorize these grants. Everyone deserves a safe place to live, and we should help provide housing authorities and other federally assisted low-income housing entities with the resources they need to provide that to their tenants. But we can do more than just provide public housing authorities with grant money. The Federal Government also needs to provide more resources to help housing authorities spend those funds in the most effective way possible. That is why my legislation also contains several provisions to enhance the effectiveness of this grant program. It would: Require HUD's Office of Policy Development & Research (PD&R) to conduct a review of existing research on crime fighting measures and issue a report within six months identifying effective programs, providing an important resource to public housing authorities; require PD&R to work with housing authorities, social scientists and others to develop and implement a plan to conduct rigorous scientific evaluation of crime reduction and prevention strategies funded by the grant program that have not previously been subject to that type of evaluation, giving housing authorities yet another source of information about effective strategies for combating crime; and require HUD to report to Congress within four years, based on what it learns from existing research and evaluations of grantee programs, on the most effective ways to prevent and reduce crime in public and assisted housing environments, the ways in which it has provided related guidance to help grant applicants, and any suggestions for improving the effectiveness of the program going forward. As with any grant program, it is essential that HUD monitor the use of the grants and that grantees be required to report regularly on their activities, as was required by HUD regulations when the program was defunded. The bill also clarifies the types of activities that can be funded through the grant program to ensure that funds are not used inappropriately. My bill also includes a sense of the Senate provision calling on Congress to create a National Affordable Housing Trust Fund. At the outset, I want to commend my colleagues in the Senate, Senator Kerry, Senator Reed, Senator Sanders and others for all their work on advancing the cause of a National Affordable Housing Trust fund. I look forward to working with them and others in the 110th Congress to push for the creation of such a trust fund. I agree with my colleagues that such a trust fund should have the goal of supplying 1,500,000 new affordable housing units over the next 10 years. It should also contain sufficient income targeting to reflect the housing affordability burdens faced by extremely low income and very low income families and contain enough flexibility to allow local communities to produce, preserve, and rehabilitate affordable housing units while ensuring that such affordable housing development fosters the creation of healthy and sustainable communities. Hundreds of local housing trust funds have been created in cities and states throughout the country, including recently in the city of Milwaukee. I want to commend the community members in Milwaukee for working to address the housing affordability issues that the city faces and it is my hope that we in Congress can do our part to help Wisconsin's communities and communities around the country provide safe and affordable housing to all Americans. This Nation faces a severe shortage of affordable housing for our most vulnerable citizens. Shelter is one of our most basic needs, and, unfortunately, too many Wisconsinites and people around the country are struggling to afford a place to live for themselves and their families. This legislation does not solve all the affordable housing issues that communities are facing, but I believe it is a good first step. This issue is about more than providing a roof over a family's head, however. Good housing and healthy communities lead to better jobs, better educational outcomes, and better futures for all Americans. Local communities, States, and the Federal Government must work together to dedicate more effective resources toward ensuring that all Americans have a safe and decent place to live. I look forward to working with my colleagues in this new Congress to advance my bill and other housing initiatives and work towards meeting the goal of affordable housing and healthy communities for all Americans. I ask unanimous consent that the text of my bill be printed in the Record.

View in Record
STATEMENTS ON INTRODUCED BILLS AND JOINT RESOLUTIONS2007-01-30

Mr. FEINGOLD

Mr. FEINGOLD. Mr. President, today I am reintroducing the Affordable Housing Expansion and Public Safety Act to address some of the housing affordability issues faced by my constituents and by Americans around the country, including unaffordable rental burdens, lack of safe and affordable housing stock, and public safety concerns in public and federally assisted housing. My legislation is fully offset, while also providing $2.69 billion in deficit reduction over the next 10 years. Increasing numbers of Americans are facing housing affordability challenges, whether they are renters or homeowners. But the housing affordability burden falls most heavily on low-income renters throughout our country. Ensuring that all Americans have safe and secure housing is about more than just providing families with somewhere to live, however. Safe and decent housing provides children with stable environments, and research has shown that students achieve at higher rates if they have secure housing. Affordable housing allows families to spend more of their income on life's other necessities including groceries, health care, and education costs as well as save money for their futures. I have heard from a number of Wisconsinites around my State about their concerns about the lack of affordable housing, homelessness, and the increasingly severe cost burdens that families have to undertake in order to afford housing. This bill is especially needed now, given the breakdown in the fiscal year 2007 appropriations process. This week, the House is scheduled to pass a joint funding resolution to fund federal agencies through the rest of fiscal year 2007. I have heard from Wisconsinites concerned that the funding levels in the resolution could affect the ability of various local housing authorities to serve the same number of individuals as were assisted last year, never mind trying to serve the increasing numbers of individuals around the State who need housing assistance. Yesterday, the House Appropriations Committee filed the joint funding resolution and I am pleased to see the Committee included a boost in funding for Section 8 tenant-based and project-based vouchers, allowing HUD to renew the vouchers that are currently in use by families. In addition to maintaining the current level of vouchers, I hope that we in Congress can work together this year to fund new Section 8 vouchers to help address the critical rental assistance needs throughout the country. My bill does not address every housing need out there, but I believe it is a good, necessary first step. My legislation does address a number of different issues that local communities in my State and around the country are facing, including the need for more rental assistance, the creation and preservation of more affordable housing units, and the ability to more adequately address public safety concerns of residents of federally assisted housing. Congress needs to act on other vital housing needs this year including addressing the large shortfall in the public housing operating fund. I have heard from housing authorities ranging in size from Menomonie Housing Authority to Milwaukee Housing Authority about the shortfall in operating funds and the negative impact it is having on the communities these housing agencies are serving. This shortfall in operating subsidies impacts public housing authorities and the people they serve by reducing funding for maintenance costs associated with running buildings and limiting the services that housing authorities can provide, such as covering utility cost increases. The joint funding resolution filed yesterday also included an increase of $300 million for public housing authorities to pay for these important operating costs, including the increases in utility costs. This is a good start and we must continue working this year to provide much- needed assistance to these housing authorities and the individuals and families they serve. Unfortunately, affordable housing is becoming less, not more, available in the United States. Research shows that the number of families facing severe housing cost burdens grew by almost two million households between 2001 and 2004. Additionally, one in three families spends more than 30 percent of their earnings on housing costs. The National Alliance to End Homelessness reports that at least 500,000 Americans are homeless every day and two million to three million Americans are homeless for various lengths of time each year. Cities, towns, and rural communities across the country are confronting a lack of affordable housing for their citizens. This is not an issue that confronts just one region of the Nation or one group of Americans. Decent and affordable housing is so essential to the well-being of Americans that the Federal Government must provide adequate assistance to our citizens to ensure that all Americans can afford to live in safe and affordable housing. Congress has created effective affordable housing and community development programs, but as is the case with many of the Federal social programs, these housing programs are inadequately funded and do not meet the need in our communities. We in Congress must do what we can to ensure these programs are properly funded, while taking into account the tight fiscal constraints we are facing. The Section 8 Housing Choice Voucher Program, originally created in 1974, is now the largest Federal housing program in terms of HUD's budget with approximately two million vouchers currently authorized. Yet the current number of vouchers does not come close to meeting the demand that exists in communities around our country. In my State of Wisconsin, the city of Milwaukee opened up their Section 8 waiting list for the first time since 1999 earlier this year for twenty four hours and received more than 17,000 applications. The city of Madison has not accepted new applications for Section 8 in over three years and reports that hundreds of families are on the waiting list. Unfortunately, situations like this exist around the country. According to the 2005 U.S. Conference of Mayors Hunger and Homelessness Survey, close to 5,000 people are on the Section 8 waiting list in Boston. Detroit has not taken applications for the past two years and currently has a waiting list of over 9,000 people. Phoenix closed its waiting list in 2005 and reported that 30,000 families were on its waiting list. In certain cities, waiting lists are years long and according to the Center on Budget and Policy Priorities, the typical waiting period for a voucher was two and a half years in 2003. Given these statistics, it is clear there is the need for more Section 8 vouchers than currently exist. While there are certainly areas of the Section 8 program that need to be examined and perhaps reformed, a number of different government agencies and advocacy organizations all cite the effectiveness of Section 8 in assisting low-income families in meeting some of their housing needs. In 2002, the Government Accountability Office determined that the total cost of a one-bedroom housing unit through the Section 8 program costs less than it would through other federal housing programs. The same year, the Bipartisan Millennial Housing Commission reported to Congress that the Section 8 program is ``flexible, cost- effective, and successful in its mission.'' The Commission further stated that the vouchers ``should continue to be the linchpin of a national policy providing very low-income renters access to the privately owned housing stock.'' The Commission also called for funding for substantial annual increments of vouchers for families who need housing assistance. This recommendation echoes the calls by advocates around the country, many of whom have called for 100,000 new, or incremental, Section 8 vouchers to be funded annually by Congress. My bill takes this first step, calling for the funding of 100,000 incremental vouchers in fiscal year 2008. I have identified enough funds in my offsets to provide money for the renewal of these 100,000 vouchers for the next decade. While this increase does not meet the total demand that exists out there for Section 8 vouchers, I believe it is a strong first step. My legislation is fully offset and if it were passed in its current form, would provide for the immediate funding of these vouchers. I believe Congress should take the time to examine where other spending could be cut in order to continue to provide sizeable annual increases in new vouchers for the Section 8 program. According to the Congressional Research Service, incremental vouchers have not been funded since fiscal year 2002. During the past three to four years, the need for Federal housing assistance has grown and it will continue to grow in future years. We need to make a commitment to find the resources in our budget to ensure continued and increased funding for Section 8 vouchers. We should examine doing more than just providing more money for Section 8. There have been numerous stories in my home State of Wisconsin about various concerns with the Section 8 program, ranging from potential discrimination on the part of landlords in declining to rent to Section 8 voucher holders to the administrative burdens landlords face when participating in the Section 8 program. Additionally, there are substantial concerns with the funding formula the Bush Administration is currently using for the Section 8 program. I look forward to working with my colleagues in this Congress to address these and other issues and make the Section 8 program more effective, more secure, and more accessible to citizens throughout the country. But providing rental assistance is not the only answer to solving the housing affordability problem in our country. We must also work to increase the availability of affordable housing stock in our communities through facilitating production of housing units affordable to extremely low and very low income Americans. The HOME Investments Partnership Program, more commonly known as HOME, was created in 1990 to assist states and local communities in producing affordable housing for low income families. HOME is a grant program that allows participating jurisdictions the flexibility to use funds for new production, preservation, and rehabilitation of existing housing stock. HOME is an effective federal program that is used in concert with other existing housing programs to provide affordable housing units for low income Americans throughout the country. According to recent data from HUD, since fiscal year 1992, over $23 billion has been allocated through the HOME program to participating jurisdictions around the country. There have been over 800,000 units committed, including over 200,000 new construction units. HUD reports that over 700,000 units have been completed or funded. Communities in my State of Wisconsin have received over $370 million since 1992 and have seen over 20,000 housing units completed since 1992. Cities and States around the country are able to report numerous success stories in part due to the HOME funding that has been allocated to participating jurisdictions since 1992. The Bipartisan Millennial Housing Commission found that the HOME program is highly successful and recommended a substantial increase in funding for HOME in 2002. Unfortunately, for the past two fiscal years, the HOME program has seen a decline in funding. In fiscal year 2005, HOME was funded at $1.9 billion and in fiscal year 2006, HOME was funded at a little more than $1.7 billion. As a result of this decline in funding, all participating jurisdictions in Wisconsin saw a decline in HOME dollars, with some jurisdictions seeing a decline of more than six percent. We need to ensure these funding cuts to HOME do not continue in the future and we must provide more targeted resources within HOME for the people most in need. But, as successful as the HOME program is, more needs to be done to assist extremely low income families. My legislation seeks to target additional resources to the Americans most in need by using the HOME structure to distribute new funding to participating jurisdictions with the requirement that these participating jurisdictions use these set- aside dollars to produce, rehab, or preserve affordable housing for extremely low income families, or people at 30 percent of area median income or below. As we all know, extremely low income households face the most severe affordable housing cost burdens of any Americans. According to data from HUD and the American Housing Survey, 56 percent of extremely low income renter households deal with severe affordability housing issues while only 25 percent of these renters are not burdened with affordability concerns. HUD also found that half of all extremely low income owner households are severely burdened by affordability concerns. Data shows more than 75 percent of renter households with severe housing affordability burdens are extremely low income families and more than half of extremely low income households pay at least half of their income on housing. The Bipartisan Millennial Housing Commission has stated that ``the most serious housing problem in America is the mismatch between the number of extremely low income renter households and the number of units available to them with acceptable quality and affordable rents.'' The Commission also noted that there is no federal program solely for the preservation or production of housing for extremely low or moderate income families. Because of these severe burdens and the high cost of providing safe and affordable housing to families at 30 percent or below of area median income, my bill would provide $400 million annually on top of the money that Congress already appropriates through HOME. I have heard from a number of housing advocates in Wisconsin that we have effective housing programs but the programs are not funded adequately. This is why I decided to administer this funding through the HOME program; local communities are familiar with the requirements and regulations of the HOME program and I think it is important not to place unnecessary and new administrative hurdles on local cities and communities. Participating jurisdictions will be able to use this new funding under the eligible uses currently allowed by HOME to best meet the needs of the extremely low income families in their respective communities. But participating jurisdictions must certify that this funding is going to extremely low income households and must report on how the funds are being utilized in their communities. Funds are intended to be distributed on a pro-rata basis to ensure participating jurisdictions around the country receive funding. I also require that the Secretary notify participating jurisdictions that this new funding for extremely low income households in no way excuses such jurisdictions from continuing to use existing HOME dollars to serve extremely low income families. It is my hope that this extra funding will provide an increased incentive to local cities and communities to dedicate more resources to producing and preserving affordable housing for the most vulnerable Americans. My bill would also reauthorize a critical crime-fighting grant program: the Public and Assisted Housing Crime and Drug Elimination Program, formerly known as ``PHDEP.'' Unfortunately, the PHDEP program has not been funded since 2001, and its statutory authorization expired in 2003. It is time to bring back this important grant program, which provided much-needed public safety resources to public housing authorities and their tenants. My legislation would authorize $200 million per year for five years for this program. After more than a decade of declining crime rates, new FBI statistics indicate that 2005 brought an overall increase in violent crime across the country, and particularly in the Midwest. Nationwide, violent crime increased 2.3 percent between 2004 and 2005, and in the Midwest, violent crime increased 5.6 percent between 2004 and 2005. Housing authorities and others providing assisted housing are feeling the effects of this shift, but just as the crime rate is rising, their resources to fight back are dwindling. We need to provide them with funding targeted at preventing and reducing violent and drug-related crime, so that they can provide a safe living environment for their tenants. Reauthorizing the Public and Assisted Housing Crime and Drug Elimination Program should not be controversial. The program has long enjoyed bipartisan support. It was first sponsored by Senator Lautenberg in 1988, and first implemented in 1989 under then-Housing and Urban Development Secretary Jack Kemp. When in effect, it funded numerous crime-fighting measures in housing authorities all over the country. In Milwaukee, grants under this program funded a variety of important programs. It provided funding to the Housing Authority of the City of Milwaukee to hire public safety officers who are on site 24 hours a day to respond to calls and intervene when problems arise, and who work collaboratively with local law enforcement agencies. According to the Housing Authority, by the time the PHDEP program was defunded, public safety officers were responding to more than 8,000 calls per year, dealing quickly and effectively with thefts, drug use and sales, and other problems. Grants under the program also allowed the Housing Authority in Milwaukee to conduct crime prevention programs through the Boys and Girls Club of Greater Milwaukee and other on-site agencies, providing youths and others living in public housing with a variety of educational, job training and life skill programs. When the PHDEP program was defunded during the fiscal year 2002 budget cycle, the Administration argued that crime-fighting measures should be funded through the Public Housing Operating Fund and promised an increase in that Fund to account for part of the loss of PHDEP funds. That allowed some programs previously funded under PHDEP to continue for a few years. But now there is a significant shortfall in the Operating Fund and HUD is proposing limits on how capital funds can be used, and housing authorities nationwide--including in Milwaukee-- have been faced with tough decisions, including cutting some or all of their crime reduction programs. It is time for Congress to step in and reauthorize these grants. Everyone deserves a safe place to live, and we should help provide housing authorities and other federally assisted low-income housing entities with the resources they need to provide that to their tenants. But we can do more than just provide public housing authorities with grant money. The Federal Government also needs to provide more resources to help housing authorities spend those funds in the most effective way possible. That is why my legislation also contains several provisions to enhance the effectiveness of this grant program. It would: Require HUD's Office of Policy Development & Research (PD&R) to conduct a review of existing research on crime fighting measures and issue a report within six months identifying effective programs, providing an important resource to public housing authorities; require PD&R to work with housing authorities, social scientists and others to develop and implement a plan to conduct rigorous scientific evaluation of crime reduction and prevention strategies funded by the grant program that have not previously been subject to that type of evaluation, giving housing authorities yet another source of information about effective strategies for combating crime; and require HUD to report to Congress within four years, based on what it learns from existing research and evaluations of grantee programs, on the most effective ways to prevent and reduce crime in public and assisted housing environments, the ways in which it has provided related guidance to help grant applicants, and any suggestions for improving the effectiveness of the program going forward. As with any grant program, it is essential that HUD monitor the use of the grants and that grantees be required to report regularly on their activities, as was required by HUD regulations when the program was defunded. The bill also clarifies the types of activities that can be funded through the grant program to ensure that funds are not used inappropriately. My bill also includes a sense of the Senate provision calling on Congress to create a National Affordable Housing Trust Fund. At the outset, I want to commend my colleagues in the Senate, Senator Kerry, Senator Reed, Senator Sanders and others for all their work on advancing the cause of a National Affordable Housing Trust fund. I look forward to working with them and others in the 110th Congress to push for the creation of such a trust fund. I agree with my colleagues that such a trust fund should have the goal of supplying 1,500,000 new affordable housing units over the next 10 years. It should also contain sufficient income targeting to reflect the housing affordability burdens faced by extremely low income and very low income families and contain enough flexibility to allow local communities to produce, preserve, and rehabilitate affordable housing units while ensuring that such affordable housing development fosters the creation of healthy and sustainable communities. Hundreds of local housing trust funds have been created in cities and states throughout the country, including recently in the city of Milwaukee. I want to commend the community members in Milwaukee for working to address the housing affordability issues that the city faces and it is my hope that we in Congress can do our part to help Wisconsin's communities and communities around the country provide safe and affordable housing to all Americans. This Nation faces a severe shortage of affordable housing for our most vulnerable citizens. Shelter is one of our most basic needs, and, unfortunately, too many Wisconsinites and people around the country are struggling to afford a place to live for themselves and their families. This legislation does not solve all the affordable housing issues that communities are facing, but I believe it is a good first step. This issue is about more than providing a roof over a family's head, however. Good housing and healthy communities lead to better jobs, better educational outcomes, and better futures for all Americans. Local communities, States, and the Federal Government must work together to dedicate more effective resources toward ensuring that all Americans have a safe and decent place to live. I look forward to working with my colleagues in this new Congress to advance my bill and other housing initiatives and work towards meeting the goal of affordable housing and healthy communities for all Americans. I ask unanimous consent that the text of my bill be printed in the Record.

Mr. FEINGOLD. Mr. President, today I will introduce a bill to repair and strengthen the presidential public financing system. The Presidential Funding Act of 2007 will ensure that this system will continue to fulfill its promise in the 21st century. The bill will take effect in January 2009, so it will first apply in the 2012 presidential election. The presidential public financing system was put into place in the wake of the Watergate scandals as part of the Federal Election Campaign Act of 1974. It was held to be constitutional by the Supreme Court in Buckley v. Valeo. The system, of course, is voluntary, as the Supreme Court required in Buckley. Every major party nominee for President since 1976 has participated in the system for the general election and, prior to 2000, every major party nominee had participated in the system for the primary election, too. In the last election, President Bush and two Democratic candidates, Howard Dean and the eventual nominee John Kerry, opted out of the system for the presidential primaries. President Bush and Senator Kerry elected to take the taxpayer-funded grant in the general election. President Bush also opted out of the system for the Republican primaries in 2000 but took the general election grant. It is unfortunate that the matching funds system for the primaries has become less practicable. The system protects the integrity of the electoral process by allowing candidates to run viable campaigns without becoming overly dependent on private donors. The system has worked well in the past, and it is worth repairing so that it can work in the future. If we don't repair it, the pressures on candidates to opt out will increase until the system collapses from disuse. This bill makes changes to both the primary and general election public financing system to address the weaknesses and problems that have been identified by participants in the system, experts on the presidential election financing process, and an electorate that is increasingly dismayed by the influence of money in politics. First and most important, it eliminates the State-by-State spending limits in the current law and substantially increases the overall spending limit from the current limit of approximately $45 million to $150 million, of which up to $100 million can be spent before April 1 of the election year. This should make the system much more viable for serious candidates facing opponents who are capable of raising significant sums outside the system. The bill also makes available substantially more public money for participating candidates by increasing the match of small contributions from 1:1 to 4:1. One very important provision of this bill ties the primary and general election systems together and requires candidates to make a single decision on whether to participate. Candidates who opt out of the primary system and decide to rely solely on private money cannot return to the system for the general election. And candidates must commit to participate in the system in the general election if they want to receive Federal matching funds in the primaries. The bill also increases the spending limits for participating candidates in the primaries who face a nonparticipating opponent if that opponent raises more than 20 percent more than the spending limit. This provides some protection against being far outspent by a nonparticipating opponent. Additional grants of public money are also available to participating candidates who face a nonparticipating candidate spending substantially more than the spending limit. The bill also sets the general election spending limit at $100 million, indexed for inflation. And if a general election candidate does not participate in the system and spends more than 20 percent more than the combined primary and general election spending limits, a participating candidate will receive a grant equal to twice the general election spending limit. This bill also addresses what some have called the ``gap'' between the primary and general election seasons. Presumptive presidential nominees have emerged earlier in the election year over the life of the public financing system. This has led to some nominees being essentially out of money between the time that they nail down the nomination and the convention where they are formally nominated and become eligible for the general election grant. For a few cycles, soft money raised by the parties filled in that gap, but the Bipartisan Campaign Reform Act of 2002 fortunately has now closed that loophole. This bill allows candidates who are still in the primary race as of April 1 to spend an additional $50 million. In addition, the bill allows the political parties to spend up to $25 million between April 1 and the date that a candidate is nominated and an additional $25 million after the nomination. The total amount of $50 million is over three times the amount allowed under current law. This should allow any gap to be more than adequately filled. Obviously, these changes make this a more generous system. So the bill also makes the requirement for qualifying more difficult. To be eligible for matching funds, a candidate must raise $25,000 in matchable contributions--up to $200 for each donor--in at least 20 States. That is five times the threshold under current law. The bill also makes a number of changes in the system to reflect the changes in our presidential races over the past several decades. For one thing, it makes matching funds available starting six months before the date of the first primary or caucus, that's approximately 6 months earlier than is currently the case. For another, it sets a single date for release of the public grants for the general election--the Friday before Labor Day. This addresses an inequity in the current system, under which the general election grants are released after each nominating convention, which can be several weeks apart. The bill also prohibits federal elected officials and candidates from soliciting soft money for use in funding the party and requires presidential candidates to disclose bundled contributions. Additional provisions, and those I have discussed in summary form here, are explained in a section-by-section analysis of the bill that I ask unanimous consent to be printed in the Record, following my statement. I will also ask unanimous consent that the text of the bill itself be printed in the Record. The purpose of this bill is to improve the campaign finance system, not to advance one party's interests. In fact, this is an excellent time to make changes in the Presidential public funding system. The 2008 presidential campaign, which is already underway, will undoubtedly be the most expensive in history. It is likely that a number of candidates from both parties will once again opt out of the primary matching funds system, and some experts predict that one or both major party nominees will even refuse public grants for the general election period. It is too late to make the changes needed to repair the system for the 2008 election. But if we act now, we can make sure that an updated and revised system is in place for the 2012 election. If we act now, I am certain that the 2008 campaign cycle will confirm our foresight. If we do nothing, 2008 will continue and accelerate the slide of the current system into irrelevancy. Fixing the presidential public financing system will cost money, but our best calculations at the present time indicate that the changes to the system in this bill can be paid for by raising the income tax check-off on an individual return from $3 to just $10. The total cost of the changes to the system, based on data from the 2004 elections, is projected to be around $360 million over the 4-year election cycle. To offset that increased cost, this bill caps taxpayer subsidies for promotion of agricultural products, including some brand-name goods, by limiting the Market Access Program to $100 million per year. Though the numbers are large, this is actually a very small investment to make to protect our democracy and preserve the integrity of our presidential elections. The American people do not want to see a return to the pre-Watergate days of unlimited spending on presidential elections and candidates entirely beholden to private donors. We must act now to ensure the fairness of our elections and the confidence of our citizens in the process by repairing the cornerstone of the Watergate reforms.

View in Record
Introductory Statement on S. 4362007-01-30

Mr. FEINGOLD

Mr. FEINGOLD. Mr. President, today I will introduce a bill to repair and strengthen the presidential public financing system. The Presidential Funding Act of 2007 will ensure that this system will continue to fulfill its promise in the 21st century. The bill will take effect in January 2009, so it will first apply in the 2012 presidential election. The presidential public financing system was put into place in the wake of the Watergate scandals as part of the Federal Election Campaign Act of 1974. It was held to be constitutional by the Supreme Court in Buckley v. Valeo. The system, of course, is voluntary, as the Supreme Court required in Buckley. Every major party nominee for President since 1976 has participated in the system for the general election and, prior to 2000, every major party nominee had participated in the system for the primary election, too. In the last election, President Bush and two Democratic candidates, Howard Dean and the eventual nominee John Kerry, opted out of the system for the presidential primaries. President Bush and Senator Kerry elected to take the taxpayer-funded grant in the general election. President Bush also opted out of the system for the Republican primaries in 2000 but took the general election grant. It is unfortunate that the matching funds system for the primaries has become less practicable. The system protects the integrity of the electoral process by allowing candidates to run viable campaigns without becoming overly dependent on private donors. The system has worked well in the past, and it is worth repairing so that it can work in the future. If we don't repair it, the pressures on candidates to opt out will increase until the system collapses from disuse. This bill makes changes to both the primary and general election public financing system to address the weaknesses and problems that have been identified by participants in the system, experts on the presidential election financing process, and an electorate that is increasingly dismayed by the influence of money in politics. First and most important, it eliminates the State-by-State spending limits in the current law and substantially increases the overall spending limit from the current limit of approximately $45 million to $150 million, of which up to $100 million can be spent before April 1 of the election year. This should make the system much more viable for serious candidates facing opponents who are capable of raising significant sums outside the system. The bill also makes available substantially more public money for participating candidates by increasing the match of small contributions from 1:1 to 4:1. One very important provision of this bill ties the primary and general election systems together and requires candidates to make a single decision on whether to participate. Candidates who opt out of the primary system and decide to rely solely on private money cannot return to the system for the general election. And candidates must commit to participate in the system in the general election if they want to receive Federal matching funds in the primaries. The bill also increases the spending limits for participating candidates in the primaries who face a nonparticipating opponent if that opponent raises more than 20 percent more than the spending limit. This provides some protection against being far outspent by a nonparticipating opponent. Additional grants of public money are also available to participating candidates who face a nonparticipating candidate spending substantially more than the spending limit. The bill also sets the general election spending limit at $100 million, indexed for inflation. And if a general election candidate does not participate in the system and spends more than 20 percent more than the combined primary and general election spending limits, a participating candidate will receive a grant equal to twice the general election spending limit. This bill also addresses what some have called the ``gap'' between the primary and general election seasons. Presumptive presidential nominees have emerged earlier in the election year over the life of the public financing system. This has led to some nominees being essentially out of money between the time that they nail down the nomination and the convention where they are formally nominated and become eligible for the general election grant. For a few cycles, soft money raised by the parties filled in that gap, but the Bipartisan Campaign Reform Act of 2002 fortunately has now closed that loophole. This bill allows candidates who are still in the primary race as of April 1 to spend an additional $50 million. In addition, the bill allows the political parties to spend up to $25 million between April 1 and the date that a candidate is nominated and an additional $25 million after the nomination. The total amount of $50 million is over three times the amount allowed under current law. This should allow any gap to be more than adequately filled. Obviously, these changes make this a more generous system. So the bill also makes the requirement for qualifying more difficult. To be eligible for matching funds, a candidate must raise $25,000 in matchable contributions--up to $200 for each donor--in at least 20 States. That is five times the threshold under current law. The bill also makes a number of changes in the system to reflect the changes in our presidential races over the past several decades. For one thing, it makes matching funds available starting six months before the date of the first primary or caucus, that's approximately 6 months earlier than is currently the case. For another, it sets a single date for release of the public grants for the general election--the Friday before Labor Day. This addresses an inequity in the current system, under which the general election grants are released after each nominating convention, which can be several weeks apart. The bill also prohibits federal elected officials and candidates from soliciting soft money for use in funding the party and requires presidential candidates to disclose bundled contributions. Additional provisions, and those I have discussed in summary form here, are explained in a section-by-section analysis of the bill that I ask unanimous consent to be printed in the Record, following my statement. I will also ask unanimous consent that the text of the bill itself be printed in the Record. The purpose of this bill is to improve the campaign finance system, not to advance one party's interests. In fact, this is an excellent time to make changes in the Presidential public funding system. The 2008 presidential campaign, which is already underway, will undoubtedly be the most expensive in history. It is likely that a number of candidates from both parties will once again opt out of the primary matching funds system, and some experts predict that one or both major party nominees will even refuse public grants for the general election period. It is too late to make the changes needed to repair the system for the 2008 election. But if we act now, we can make sure that an updated and revised system is in place for the 2012 election. If we act now, I am certain that the 2008 campaign cycle will confirm our foresight. If we do nothing, 2008 will continue and accelerate the slide of the current system into irrelevancy. Fixing the presidential public financing system will cost money, but our best calculations at the present time indicate that the changes to the system in this bill can be paid for by raising the income tax check-off on an individual return from $3 to just $10. The total cost of the changes to the system, based on data from the 2004 elections, is projected to be around $360 million over the 4-year election cycle. To offset that increased cost, this bill caps taxpayer subsidies for promotion of agricultural products, including some brand-name goods, by limiting the Market Access Program to $100 million per year. Though the numbers are large, this is actually a very small investment to make to protect our democracy and preserve the integrity of our presidential elections. The American people do not want to see a return to the pre-Watergate days of unlimited spending on presidential elections and candidates entirely beholden to private donors. We must act now to ensure the fairness of our elections and the confidence of our citizens in the process by repairing the cornerstone of the Watergate reforms.

View in Record
EXECUTIVE SESSION2007-01-26

Mr. FEINGOLD

Mr. FEINGOLD. Mr. President, I voted for LTG David H. Petraeus of the U.S. Army to be general and commander, Multi-National Forces--Iraq. He is a highly experienced individual with a long history of excellent and selfless service to this country. I believe he represents the high caliber and professionalism of our Nation's military, and I wish him well with an extremely difficult assignment. But while I am supporting his nomination, I in no way support the President's policies in Iraq. The President has made the wrong judgment about Iraq time and again, first by taking us into war on a fraudulent basis, then by keeping our brave troops in Iraq, and now by pushing to put 21,500 more American troops into harm's way. The indefinite presence of U.S. military personnel in Iraq will not fix that country's political problems. And as we have seen over the last few years, sending more troops will not provide the stability in Iraq that can only come from a political agreement. Congress must develop the courage to confront this President on what has become one of the greatest foreign policy mistakes in our history.

View in Record
Introductory Statement on S. 4032007-01-26

Mr. FEINGOLD

Mr. FEINGOLD. Mr. President, I am pleased to reintroduce legislation today that would increase the mileage reimbursement rate for volunteers. Under current law, when volunteers use their cars for charitable purposes, the volunteers may be reimbursed up to 14 cents per mile for their donated services without triggering a tax consequence for either the organization or the volunteers. If the charitable organization reimburses any more than that, they are required to file an information return indicating the amount, and the volunteers must include the amount over 14 cents per mile in their taxable income. By contrast, for 2007, the mileage reimbursement level permitted for businesses is 48.5 cents per mile, nearly three and a half times the volunteer rate. While we are asking volunteers and volunteer organizations to bear a greater burden of delivering essential services, the 14 cents per mile limit is imposing a very real hardship for charitable organizations and other nonprofit groups. I have heard from a number of people in Wisconsin on the need to increase this reimbursement limit. One of the first organizations that brought this issue to my attention was the Portage County Department on Aging. Volunteer drivers are critical to their ability to provide services to seniors in Portage County, and the Department on Aging depends on dozens of volunteer drivers to deliver meals to homes and transport people to their medical appointments, meal sites, and other essential services. Many of my colleagues know the senior meals program is one of the most vital services provided under the Older Americans Act, and ensuring that meals can be delivered to seniors or that seniors can be taken to meal sites is an essential part of that program. In fact, it is often the case that the senior meals program is the point at which many frail elderly first come into contact with the network of services that can help them. For that reason, these programs are important not only for the essential nutrition services they provide, but also for the many other critical services that the frail elderly may need. Unfortunately, Federal support for the senior nutrition programs has stagnated in recent years, increasing pressure on local programs to leverage more volunteer services to make up for that lagging Federal support. Regrettably, the 14 cents per mile reimbursement limit has made it far more difficult to obtain those volunteer services. Portage County reported that many of their volunteers cannot afford to offer their services under such a restriction. And if volunteers cannot be found, their services will have to be replaced by contracting with a provider, greatly increasing costs to the Department, costs that come directly out of the pot of funds available to pay for meals and other services. The same is true for thousands of other non-profit and charitable organizations that provide essential services to communities across our Nation. By contrast, businesses do not face this restrictive mileage reimbursement limit. As I noted earlier, for 2007 the comparable mileage rate for someone who works for a business is 48.5 cents per mile. This disparity means that a business hired to deliver the same meals delivered by volunteers for Portage County may reimburse their employees nearly three and a half times the amount permitted the volunteer without a tax consequence. This doesn't make sense. The 14 cents per mile volunteer reimbursement limit is badly outdated. According to the Congressional Research Service, Congress first set a reimbursement rate of 12 cents per mile as part of the Deficit Reduction Act of 1984, and did not increase it until 1997, when the level was raised slightly, to 14 cents per mile, as part of the Taxpayer Relief Act of 1997. The bill I am introducing today is identical to a measure I introduced in the 109th Congress, and largely the same as the version I introduced in the 107th and 108th Congresses. It raises the limit on volunteer mileage reimbursement to the level permitted to businesses, and provides an offset to ensure that the measure does not aggravate the budget deficit. The most recent estimate of the cost to increase the reimbursement for volunteer drivers is about $1 million over 5 years. Though the revenue loss is small, it is vital that we do everything we can to move toward a balanced budget, and to that end I have included a provision to fully offset the cost of the measure and make it deficit neutral. That provision increases the criminal monetary penalties for individuals and corporations convicted of tax fraud. The provision passed the Senate in the 108th Congress as part of the JOBS bill, but was later dropped in conference and was not included in the final version of that bill. I urge my colleagues to support this measure. It will help ensure charitable organizations can continue to attract the volunteers that play such a critical role in helping to deliver services and it will simplify the Tax Code both for nonprofit groups and the volunteers themselves. I ask unanimous consent that the text of the legislation be printed in the Record.

View in Record