The United States Senate
Jan 9, 2007
Section 34
In This Section...
![]() | Sen. Feinstein [D-CA]: [Introducing S. 206] Mr. President, I rise today with my colleague, Senator COLLINS, to introduce legislation that protects the retirement benefits earned by public... |
![]() | Sen. Collins [R-ME]: Mr. President, I am pleased to join with my colleague from California, Senator FEINSTEIN, in introducing the Social Security Fairness Act. This bill repeals two... |
![]() | Sen. Coleman [R-MN]: [Introducing S. 207] Mr. President, I rise today to introduce legislation to assist the families of our reservists and National Guard members. With our reservists and... |
![]() | Sen. Clinton [D-NY]: [Introducing S. 211] Mr. President, I rise today to introduce the Calling for 2-1-1 Act. I'm thrilled to be a part of the new Democratic Congress as we move to pass... |
![]() | Sen. Dorgan [D-ND]: [Introducing S. 215] Mr. President, the issue of Internet freedom, which is also known as net neutrality, is one that is very important to me. I have long fought in... |
![]() | Sen. Bingaman [D-NM]: [Introducing S. 216] Mr. President, today, I am introducing along with Mr. DOMENICI the "Pecos National Historical Park Land Exchange Act of 2007". This bill will... |
![]() | Sen. Snowe [R-ME]: [Introducing S. 218] Mr. President, today Congress is confronted with how to best provide tax relief to American families earning slightly more than the minimum wage.... |
![]() | Sen. Lincoln [D-AR]: Mr. President, I come before the Senate to once again raise an issue that is near and dear to my heart--an issue that is of great importance to working families across... |
![]() | Sen. Obama [D-IL]: Mr. President, I rise to speak about the Child Tax Credit and to support S. 218, a bill I've worked on with Senators Snowe and Lincoln. Working families should get the... |
![]() | Sen. Grassley [R-IA]: [Introducing S. 221] Mr. President, I rise to re-introduce the Fair Contracts for Growers Act of 2007. This bill would simply instill fairness into contractual... |
![]() | Sen. Feingold [D-WI]: [Introducing S. 223] Mr. President, today I will once again introduce with the, Senator from Mississippi, Mr. Cochran, and the Senator from Arizona, Mr. McCain, a bill... |
![]() | Sen. Dodd [D-CT]: [Introducing S. 224] Mr. President, on the 5th anniversary of No Child Left Behind (NCLB), I rise today to introduce The Standards to Provide Educational Achievement... |
![]() | Sen. Craig [R-ID]: [Introducing S. 225] Mr. President, I have sought recognition to comment on legislation that I introduced last November along with the distinguished Senator from... |
![]() | Sen. Domenici [R-NM]: [Introducing S. 229] Mr. President, I rise today with my colleague, Senator BINGAMAN, to introduce legislation that will designate the Veterans Administration Medical... |
![]() | Sen. Feinstein [D-CA]: [Introducing S. 231] Mr. President, I am pleased to join Senator CHAMBLISS and a number of other co-sponsors in introducing the Edward Byrne Memorial Justice... |
![]() | Sen. Wyden [D-OR]: [Introducing S. 232] Mr. President, the legislation I introduce today reauthorizes a very successful cooperative watershed restoration program that I originally... |
Record Text
Sen. Dianne Feinstein [D-CA]:
[Introducing S. 206] Mr. President, I rise today with my colleague, Senator COLLINS, to introduce legislation that protects the retirement benefits earned by public employees and eliminates barriers which discourage many Americans from pursuing careers in public service. This bill will repeal two provisions of the Social Security Act--the Government Pension Offset and Windfall Elimination Provision--which unfairly reduce the retirement benefits earned by public employees such as teachers, police officers, and firefighters.
The Government Pension Offset reduces a public employee's Social Security spousal or survivor benefits by an amount equal to two-thirds of his or her public pension.
Take the case of a widowed, retired police officer who receives a public pension of $600 per month. His job in the local police department was not covered by Social Security, yet his wife's private-sector employment was. An amount equal to two-thirds of his public pension, or $400 each month, would be cut from his Social Security survivor benefits. If this individual is eligible for $500 in survivor benefits, the Government Pension Offset provision would reduce his monthly benefits to $100.
In most cases, the Government Pension Offset eliminates the spousal benefit for which an individual qualifies. In fact, 9 out of 10 public employees affected by the Government Pension Offset lose their entire spousal benefit, even though their spouse paid Social Security taxes for many years.
The Windfall Elimination Provision reduces Social Security benefits by up to 50 percent for retirees who have paid into Social Security and also receive a public pension, such as from a teacher retirement fund.
While the reforms that led to the creation of the Government Pension Offset and Windfall Elimination Provision were meant to prevent public employees from being unduly enriched, the practical effect is that those providing critical public services are unjustly penalized.
According to the Congressional Budget Office, the Government Pension Offset provision alone reduces earned benefits for more than 300,000 Americans each year, by upwards of $3,600. In some cases, for those living on fixed incomes, this represents the difference between a comfortable retirement and poverty.
Nearly one million Federal, State, and municipal workers, as well as teachers and other school district employees, are unfairly held to a different standard when it comes to retirement benefits.
Private-sector retirees receive monthly Social Security checks equal to 90 percent of their first $656 in average monthly career earnings. However, under the Windfall Elimination Provision, retired public employees are only allowed to receive 40 percent of the first $656 in career monthly earnings, a penalty of over $300 per month.
This unfair reduction in retirement benefits is inequitable. The Social Security Fairness Act will allow government pensioners the chance to receive the same 90 percent of their benefits to which nongovernment pension recipients are entitled.
We must do more to encourage people to pursue careers in public service. Unfortunately, the Government Pension Offset and Windfall Elimination Provision make it more difficult to recruit teachers, police officers, and fire fighters; and, it does so at a time when we should be doing everything we can to recruit the best and brightest to these careers.
California's police force needs to add more than 10,000 new officers by 2014--a growth of nearly 15 percent--while hiring more than 15,000 additional officers to replace those who leave the force.
It is estimated that public schools will need to hire between 2.2 million and 2.7 million new teachers nationwide by 2009 because of record enrollments. The projected retirements of thousands of veteran teachers and critical efforts to reduce class sizes also necessitate hiring additional teachers.
California currently has more than 300,000 teachers but will need to double this number by 2010, to 600,000 teachers, in order to keep up with student enrollment levels.
Most importantly, the Government Pension Offset and Windfall Elimination Provision hinder efforts to recruit new math and science teachers from the private sector. As our world becomes increasingly interconnected, it is imperative that our school children receive the finest math and science education to ensure our Nation's future competitiveness in the global economy.
It is counterintuitive that on the one-hand, policymakers seek to encourage people to change careers and enter the teaching profession, while on the other hand, those wishing to do so are discouraged because they are clearly told that their Social Security retirement benefits will be significantly reduced.
Now that we are witnessing the practical effects of these 20 year old provisions, I hope that Congress will pass legislation to address the unfair reduction of benefits that essentially sends the message that if you do enter public service, your family will suffer and will be unable to receive the full retirement benefits to which they would otherwise be entitled.
I understand that we are facing deficits and repealing the Government Pension Offset and Windfall Elimination Provision will be costly.
I am open to considering all options that move us toward our goal of removing this inequity by allowing individuals to keep the Social Security benefits to which they are entitled while promoting public sector employment.
We should respect, not penalize, our public service employees. I hope that my colleagues will join me in sending this long overdue message to our Nation's public servants, that we value their contributions and support giving all Americans the retirement benefits they have earned and deserve.
I ask unanimous consent that the text of the bill be printed in the RECORD.
There being no objection, the text of the bill was ordered to be printed in the RECORD, as follows:
Sen. Susan Collins [R-ME]:
Mr. President, I am pleased to join with my colleague from California, Senator FEINSTEIN, in introducing the Social Security Fairness Act. This bill repeals two provisions of current law--the windfall elimination provision (WEP) and the government pension offset (GPO) that unfairly reduce earned Social Security benefits for many public employees when they retire.
Individuals affected by both the GPO and the WEP are those who are eligible for Federal, State or local pensions from work that was not covered by Social Security, but who also qualify for Social Security benefits based on their own work in covered employment or that of their spouses. While the two provisions were intended to equalize Social Security's treatment of workers, we are concerned that they unfairly penalize individuals for holding jobs in public service when the time comes for them to retire.
These two provisions have enormous financial implications not just for Federal employees, but for our teachers, police officers, firefighters and other public employees as well. Given their important responsibilities, it is unfair to penalize them when it comes to their Social Security benefits. These public servants--or their spouses--have all paid taxes into the Social Security system. So have their employers. Yet, because of these two provisions, they are unable to collect all of the Social Security benefits to which they otherwis'e would be entitled.
While the GPO and WEP affect public employees and retirees in virtually every State, their impact is most acute in 15 States, including Maine. Nationwide, more than one-third of teachers and education employees, and more than one-fifth of other public employees, are affected by the GPO and/or the WEP.
Almost one million retired government workers across the country have already been adversely affected by these provisions. Many more stand to be affected by them in the future. Moreover, at a time when we should be doing all that we can to attract qualified people to public service, this reduction in Social Security benefits makes it even more difficult for our Federal, State and local governments to recruit and retain the teachers, police officers, firefighters and other public servants who are so critical to the safety and well-being of our families.
The Social Security windfall elimination provision reduces Social Security benefits for retirees who paid into Social Security and who receive a government pension from work not covered under Social Security, such as pensions from the Maine State Retirement Fund. While private sector retirees receive Social Security checks based on 90 percent of their first $656 average monthly career earnings, government pensioners checks are based on 40 percent--a harsh penalty of more than $300 per month.
The government pension offset reduces an individual's survivor benefit under Social Security by two-thirds of the amount of his or her public pension. It is estimated that 9 out of 10 public employees affected by the GPO lose their entire spousal benefit, even though their deceased spouses paid Social Security taxes for many years.
What is most troubling is that this offset is most harsh for those who can least afford the loss--lower-income women. In fact, of those affected by the GPO, 73 percent are women. According to the Congressional Budget Office, the GPO reduces benefits for more than 200,000 of these individuals by more than $3,600 a year--an amount that can make the difference between a comfortable retirement and poverty.
Our teachers and other public employees face difficult enough challenges in their day-to-day work. Individuals who have devoted their lives to public service should not have the added burden of worrying about their retirement. Many Maine teachers, in particular, have talked with me about this issue. They love their jobs and the children they teach, but they worry about the future and about their financial security in retirement.
I hear a lot about this issue in my constituent mail, as well. Patricia Dupont, for example, of Orland, ME, wrote that, because she taught for 15 years under Social Security in New Hampshire, she is living on a retirement income of less than $13,000 after 45 years in education. Since she also lost survivors' benefits from her husband's Social Security, she calculates that a repeal of the WEP and the GPO would double her current retirement income.
These provisions also penalize private sector employees who leave their jobs to become public school teachers. Ruth Wilson, a teacher from Otisfield, ME, wrote:
"I entered the teaching profession two years ago, partly in response to the nationwide pleas for educators. As the current pool of educators near retirement in the next few years, our schools face a crisis. Low wages and long hard hours are not great selling points to young students when selecting a career.
I love teaching and only regretted my decision when I found out about the penalties I will unfairly suffer. In my former life as a well-paid systems manager at State Street Bank in Boston, I contributed the maximum to Social Security each year. When I decided to become an educator, I figured that because of my many years of maximum Social Security contributions, I would still have a livable retirement `wage.' I was unaware that I would be penalized as an educator in your State."
In September of 2003, I chaired a Governmental Affairs Committee hearing to examine the effect that the GPO and the WEP have had on public employees and retirees. We heard compelling testimony from Julia Worcester of Columbia, ME--who was then 73. Mrs. Worcester told the Committee about her work in both Social Security-covered employment and as a Maine teacher, and about the effect that the GPO and WEP have had on her income in retirement. Mrs. Worcester worked for more than 20 years as a waitress and in factory jobs before deciding, at the age of 49, to go back to school to pursue her life-long dream of becoming a teacher. She began teaching at the age of 52 and taught full-time for 15 years before retiring at the age of 68. Since she was only in the Maine State Retirement System for 15 years, Mrs. Worcester does not receive a full State
After a lifetime of hard work, Mrs. Worcester, is still substitute teaching just to make ends meet. This simply is not fair. I am therefore pleased to join Senator FEINSTEIN in introducing this legislation to repeal these two unfair provisions, and I urge my colleagues to join us as cosponsors.
Sen. Norm Coleman [R-MN]:
[Introducing S. 207] Mr. President, I rise today to introduce legislation to assist the families of our reservists and National Guard members. With our reservists and National Guard members bravely answering our country's call to service, we must do all we can to meet the calls of help from those families left behind who are struggling financially as a result of their loved ones' wartime service.
All too often, the families of reservists and National Guard members must contend not only with the physical absence of a loved one but also with the loss of income that makes paying house, car, medical and other bills too great of a burden to bear without help. According to the latest available statistics, some 55 percent of married Guard members and reservists have experienced a loss in income, with nearly 50 percent experiencing a loss of $1,000 in pay per month and 15 percent experiencing a loss of $30,000 or more in pay a year. With our Guard and reservists putting their lives on the line, they should not also have to put their families' financial lives on the line due to their service.
In an effort to provide relief to these families, I am introducing today the Voluntary Support for Reservists and National Guard Members Act that would bolster the financial assistance available to these families. More specifically, the Voluntary Support for Reservists and National Guard Members Act would provide taxpayers the option of contributing part of their tax refund to the Reserve Income Replacement Program which provides financial assistance to those families who have experienced an income loss due to a call-up to active duty. In 2005, the IRS issued 106 million refunds that totaled $227 billion with the average refund coming in at $2,141.36. Even a small percentage of this amount could make a significant difference in the lives of these reservist and National Guard families.
While we can do little to ease the emotional burden experienced by families regarding the service of their loved ones, we can at least try to give them some peace of mind when it comes to their day-to-day finances. These families already have made a great sacrifice to the nation, and they should not also have to sacrifice their financial well-being due to their loved ones' service. Beyond our gratitude, care packages and gifts, we can thank our troops for their service by helping to meet the everyday needs of their families who are facing financial hardships. My bill would provide Americans a convenient way to thank our troops by contributing a portion of their tax refunds to give much-needed help to the loved ones of our reservists and National Guard members .
I ask unanimous consent that my legislation, the Voluntary Support for Reservists and National Guard Members Act, and the accompanying remarks be printed in the Record.
There being no objection, the text of the bill was ordered to be printed in the RECORD, as follows:
Sen. Hillary Clinton [D-NY]:
[Introducing S. 211] Mr. President, I rise today to introduce the Calling for 2-1-1 Act. I'm thrilled to be a part of the new Democratic Congress as we move to pass the kind of bipartisan legislation I'm talking about today--a bill that could make an invaluable difference in the lives of citizens in New York and the country.
I'd first like to thank my colleague Senator Dole for joining me in this effort. Because of her long history with the Red Cross, the Senator understands the importance of 2-1-1, and I am so pleased to be working with her again in this new Congress to champion this important cause.
Every hour of every day, someone in the United States needs essential services--from finding an after-school program to securing adequate care for an aging parent. Faced with a dramatic increase in the number of agencies and help-lines, people often don't know where to turn. In many cases, people end up going without necessary services because they do not know where to start. The 2-1-1 system is a user-friendly social-services network, providing an easy-to-remember and universally available phone number that links individuals and families in need to the appropriate nonprofit and government agencies. 2-1-1 helps people find and give help by providing information on job training, schools, volunteer opportunities, elder care housing, and countless other community needs.
However, the importance of this system extends far beyond the day to day needs of our citizens. The need for effective communication was made crystal clear in the immediate aftermath of the devastation of September 11, when most people did not know where to turn for information about their loved ones. Fortunately for those who knew about it, 2-1-1 was already operating in Connecticut, and it was critical in helping identify the whereabouts of victims, connecting frightened children with their parents, providing information on terrorist suspects, and linking ready volunteers with coordinated efforts and victims with necessary mental and physical health services. 2-1-1 provided locations of vigils and support groups, and information on bioterrorism for those concerned about future attacks.
As time went by, many people needed help getting back on their feet. More than 100,000 people lost their jobs. Close to 2,000 families applied for housing assistance because they couldn't pay their rent or mortgage. 90,000 people developed symptoms of post-traumatic stress disorder or clinical depression within eight weeks of the attacks. Another 34,000 people met the criteria for both diagnoses. And 2-1-1 was there to help.
The needs were great and the people of America rose to the challenge. But our infrastructure struggled to keep up with this outpouring of support. In fact, a Brookings Institution and Urban Institute study of the aftermath of September 11 found that many dislocated workers struggled to obtain available assistance. The devastation of natural disasters Hurricanes Katrina and Rita further demonstrated the need to connect people to services quickly in a time of crisis. That's what 2-1-1 is all about: providing a single, efficient, coordinated way for people who need help to connect with those who can provide it.
There is broad, bi-partisan support for this legislation--because the need for it has been proven. Unfortunately, in many States, limited resources have slowed the process of connecting communities with this vital service. Without adequate Federal support, 2-1-1 will not reach a nationwide population for decades. The University of Texas developed a national cost-benefit analysis that found there would be a savings to society of nearly $1.1 billion over ten years if 2-1-1 were operational nationwide. The Federal Government, States, counties, businesses and citizens all stand to benefit from a nationwide 2-1-1 service.
As this new Congress moves in a positive direction for America, we must enact legislation that best protects and prepares ourselves for the future. All fifty States deserve to be equipped with the proper communication to respond effectively in an emergency situation.
Every single American should have a number they can call to cut through the chaos of an emergency. That number is 2-1-1. It's time to make our citizens and our country safer by making this resource available nationwide.
Sen. Byron Dorgan [D-ND]:
[Introducing S. 215] Mr. President, the issue of Internet freedom, which is also known as net neutrality, is one that is very important to me. I have long fought in Congress against media concentration, to prevent the consolidation of control over what Americans see, read and hear in the media. Americans have recognized how important this issue is and millions spoke out when the FCC sought to loosen the ownership rules to allow for more consolidation.
But now, Americans face an equally great threat to the democratic vehicle of the Internet. The Internet, which we have always taken for granted as an open and free engine for economic and creative growth, is now also at risk, and this must also become a front burner issue for consumers and businesses.
The Internet became a robust engine of economic development by enabling anyone with a good idea to connect to consumers and compete on a level playing field for consumers' business. The marketplace picked winners and losers, and not some central gatekeeper. Our economy, small businesses and consumers benefited tremendously from that dynamic marketplace.
But now we face a situation where the FCC has removed nondiscrimination rules that applied to Internet providers for years, and that enabled the Internet to flourish, and consumers and innovation to thrive.
The FCC removed these rules, and broadband operators soon thereafter announced their interest in acting in discriminatory ways, planning to create tiers on the Internet that could restrict content providers' access to the Internet unless they pay extra for faster speeds or better service. Under their plan, the Internet would become a new world where those content providers who can afford to pay special fees would have better access to consumers.
On November 7, 2005 then-SBC, now AT&T, CEO Ed Whitacre was quoted in Business Week as saying: "They don't have any fiber out there. They don't have any wires. They don't have anything ..... They use my lines for free--and that's bull. For a Google or a Yahoo! or a Vonage or anybody to expect to use these pipes for free is nuts!"
In another article a senior executive from Verizon was quoted as saying: "(Google) is enjoying a free lunch that should, by any rational account, be the lunch of the facilities providers."
Now perhaps if we had a competitive broadband market we would not need to be concerned about the discriminatory intentions of some providers. In a market with many competitors, there is a reasonable chance that market forces would discipline bad behavior.
But this is not the case today: FCC statistics on broadband show that the local cable and telephone companies have a 98 percent share of the national broadband residential access market.
For those that say, the market will take care of competition, and ensure that those that own the broadband networks won't discriminate, that cannot be so when at best consumers have a choice of two providers.
Furthermore, these broadband operators have their own content and services, video, VOIP, media content. They have an incentive to favor their own services and to act in an anti-competitive fashion. Last year Cablevision's Tom Rutledge talking about Vonage made the following statement: "So, anyone who buys Vonage on our network using our data service doesn't really know what they are doing ..... Our service is better, its quality of service. We actually prioritize the bits so that the voice product is a better product."
With these developments, consumers' ability to use content, services and applications could now be subject to decisions made by their broadband providers. The broadband operator will become a gatekeeper, capable of deciding who can get through to a consumer, who can get special deals, faster speeds, better access to the consumer.
This fundamentally changes the way the Internet has operated and threaten to derail the democratic nature of the Internet. American consumers and businesses will be worse off for it.
It is for this reason that Senator Snowe and I are reintroducing the Internet Freedom Preservation Act, with the support of Internet businesses large and small, consumer groups, labor and education groups, religious organizations, and many others.
Last year we faced an uphill battle: broadband providers were spending millions of dollars on print and television advertisements and efforts to convince lawmakers to let them act as gatekeepers on the Internet, removing the power from the consumers that drive Internet choice today.
We still face the vast resources of broadband operators that seek to authorize their ability to control content on the Internet. But more importantly on the side of our legislation we have the grass roots support for and the substantive merits of Internet freedom.
In addition, we have proof that it can be done- nondiscrimination rules and Internet freedom can co-exist with profitable business plans. Recently AT&T accepted as a condition of its merger with BellSouth a net neutrality provision written by the FCC. Wall Street immediately reported that it expected no impact on AT&T's bottom line by the acceptance of these conditions, and AT&T is forging ahead, while at the same time having committed to protecting Internet freedom.
It is clear that an open and neutral Internet can co-exist and thrive along with competitive and profitable business models.
But legislation is still critical. The merger conditions are an important step but are not enough. We must restore Internet freedom mandates to the entire broadband industry and make them permanent, ensuring that consumers can continue to receive the benefits of an open and vibrant Internet not only in the short term from AT&T, but from any broadband provider in the longer term.
Today we introduce the Internet Freedom Preservation Act to ensure that the Internet remains a platform that spawns innovation and economic development for generations to come. We look forward to working with our colleagues in Congress to enact these important measures into law.
I ask unanimous consent that the text of the bill be printed in the RECORD.
There being no objection, the text of the bill was ordered to be printed in the RECORD, as follows:
Sen. Jeff Bingaman [D-NM]:
[Introducing S. 216] Mr. President, today, I am introducing along with Mr. DOMENICI the "Pecos National Historical Park Land Exchange Act of 2007". This bill will authorize a land exchange between the Federal Government and a private landowner that will benefit the Pecos National Historical Park in my State of New Mexico.
Specifically, the bill will enable the Park Service to acquire a private inholding within the Park's boundaries in exchange for the transfer of a nearby tract of National Forest System land. The National Forest parcel has been identified as available for exchange in the Santa Fe National Forest Land and Resource Management Plan and is surrounded by private lands on three sides.
The Pecos National Historical Park possesses exceptional historic and archaeological resources. The Park preserves the ruins of the great Pecos pueblo, which was a major trade center, and the ruins of two Spanish colonial missions dating from the 17th and 18th centuries.
The Glorieta unit of the park protects key sites associated with the 1862 Civil War Battle of Glorieta Pass, a significant event that ended the Confederate attempt to expand the war into the West. This unit will directly benefit from the land exchange.
Similar bills passed the Senate in the 106th, 108th, and 109th Congresses, and I hope it finally will be enacted this Congress.
I ask unanimous consent that the full text of the bill I have introduced today be printed in the RECORD.
There being no objection, the text of the bill was ordered to be printed in the RECORD, as follows:
Sen. Norm Coleman [R-MN]:
[Introducing S. 217] Mr. President, I ask unanimous consent that the text of the bill be printed in the RECORD.
There being no objection, the text of the bill was ordered to be printed in the RECORD, as follows:
Sen. Olympia Snowe [R-ME]:
[Introducing S. 218] Mr. President, today Congress is confronted with how to best provide tax relief to American families earning slightly more than the minimum wage. We can do that by expanding the availability of the child tax credit to more working families.
In 2001, I pushed to make the child tax credit refundable for workers making around the minimum wage. As enacted in 2001, a portion of a taxpayer's child tax credit would be refundable--up to 10 percent of earnings above $10,000.
In 2004, Congress passed the Working Families Tax Relief of 2004, which increased from 10 percent to 15 percent the portion of the child tax credit that is refundable. Although the legislation increased the amount of the refundable child credit, it failed to increase the number of families eligible for the benefit. The consequences are serious for low-income Americans living paycheck-to-paycheck. It means that tens of thousands of low-income families will be completely ineligible for a credit they should receive.
This year, because the income threshold is indexed, only taxpayers earning over $11,750 are eligible to receive the refundable portion of the child tax credit. Low-income families earning less than $11,750 are shut out of the child tax credit completely.
For example, a single mother who earns the current minimum wage and works a 40 hour week, for all 52 weeks of the year, fails to qualify for the refundable portion of the child tax credit. Since the mother earns $10,700, she is a mere $300 away from qualifying for the credit. Worse, if the single mother does not receive a raise the following year, it will be even tougher to qualify because the $11,750 she originally needed to earn is adjusted for inflation and will increase.
Today, I am introducing legislation, the Working Family Child Assistance Act, with Senators LINCOLN, OBAMA, and ROCKEFELLER that will enable more hard-working, low-income families to receive the refundable child credit this year. My legislation returns the amount of income a family must earn to qualify for the child tax credit to $10,000. Moreover, my bill would "de-index" the $10,000 threshold for inflation, so families failing to get a raise each year would not lose benefits.
Most notably, my bill is identical to the refundable child credit proposal the Senate passed in May 2001 as part of its version of that year's tax bill. Although I was able to ensure that a refundable child credit would be part of the final bill sent to President Bush, conferees did index the $10,000 threshold to inflation despite my best efforts.
The staff of the Joint Committee on Taxation has estimated that this legislation will allow an additional 600,000 families to benefit from the refundable child tax credit. The Maine Department of Revenue estimates that 16,700 families in Maine alone would benefit from our proposal. Two thousand of these Maine families would otherwise be completely locked out of the refundable child tax credit under current law.
For example, my legislation provides a $113 child credit to a mom who earns $10,750 per year. That's money she could use to buy groceries, school books, other family necessities, and even pay rent.
Our families and our country are better off when government lets people keep more of what they earn. Parents deserve their per-child tax credit, and my bill rewards families for work.
I am committed to this issue and have called on President Bush to work with Congress so we can help an additional one million children, whose parents and guardians struggle every day to take care of them.
Sen. Blanche Lincoln [D-AR]:
Mr. President, I come before the Senate to once again raise an issue that is near and dear to my heart--an issue that is of great importance to working families across this country. In 2001 and again in 2003, Senator SNOWE and I worked together to ensure that low-income working families with children receive the benefit of the Child Tax Credit. I come here today to again ask my colleagues to help me ensure that low-income families aren't forgotten as we discuss tax relief in the 110th Congress.
Unfortunately, although we have made great strides in ensuring that the credit is a useful tool for our working families, in its current form it isn't working for everyone. We can and should take an important additional step to improve it.
As some of my colleagues may be aware, to be eligible for the refundable child tax credit, working families must meet an income threshold. If they don't earn enough, then they don't qualify for the credit. The problem is that some of our working parents are working full-time, every week of the year and yet they still don't earn enough to meet the income threshold to qualify for the credit, much less to receive a meaningful refund.
In 2006, the New York Times highlighted a report which shows that almost one-third of our children live in families that do not qualify for the child tax credit because family earnings are too low. When you break the findings down by race, it's even more disheartening--about half of all African American children and half of all Latino children are left out of the full child tax credit because their family's earnings are just too low to qualify.
It is wrong to provide this credit to some hardworking Americans, while leaving others behind. The single, working parent that is stocking shelves at your local grocery store is every bit as deserving as the teacher, accountant or insurance salesman that qualifies for the credit in its current form. We must address this inequity and we must ensure that our tax code works for all Americans, especially those working parents forced to get by on the minimum wage.
In response, Senator SNOWE and I have proposed a solution that will build on our previous efforts to make this credit work for those that need it the most. Today, we are reintroducing the Working Child Family Assistance Act, legislation which de-indexes the income threshold and sets it at a reasonable level so that all working parents, including those making the minimum wage, qualify for the credit. This is a simple, easy solution to a serious problem.
I look forward to working with my colleagues and the Administration to correct this inequity and to ensure that those low-income, hard-working families that need this credit the most do receive its benefits.
Sen. Barack Obama [D-IL]:
Mr. President, I rise to speak about the Child Tax Credit and to support S. 218, a bill I've worked on with Senators Snowe and Lincoln. Working families should get the tax relief they deserve, and I am proud to cosponsor this bill to help realize this aspiration. The Child Credit is an important component of our Federal tax code, and S. 218 is an important step in making the credit more valuable and more fair for those who need it most.
Raising children is expensive and has become even more so in recent years. The Child Tax Credit allows middle class families to claim a credit of $1,000 per child against their Federal income tax. That's a big help in covering these rising costs.
Importantly, the Child Credit also recognizes the particular vulnerability low-income families with children. Since the credit is refundable to the extent of 15 percent of a taxpayer's earned income in excess of $11,300, families earning more than that threshold level of income get at least a partial benefit even if they have no Federal income tax liability. The benefit may be small for families with low incomes, but every penny helps defray the rising costs of being a working parent in America today.
Unfortunately, as currently structured, the Child Credit leaves more and more families out of the benefit each year. That's because the income threshold for eligibility rises annually at the rate of inflation even though family incomes may not rise as fast. That means that if you earn the minimum wage, or if your wage is low and you didn't get a raise, or if you worked fewer hours than the year before, then your tax refund probably shrunk. It may even have disappeared. Given that an estimated four and a half million households with children experienced this decline last year alone, we must reverse this unintended--and unfair--effect.
In many cases, indexing the parameters of the tax system for inflation makes sense because it neutralizes the effects of inflation on the tax system. In this case, however, indexing the threshold results in an unfair tax increase for low-income, working families whose incomes are not keeping up with rising costs. Recent data indicates that the typical low-income household actually saw its earnings decline during the first few years ofthis decade. At the same time, the costs of housing, childcare, and driving to work have increased sharply.
This bill returns the threshold to its original level of $10,000 and freezes it, thereby expanding the benefit to include more kids and protecting those families from unfair tax increases due to inflation. This is an important step in improving the fairness of our tax code and providing necessary support to working families.
In time, I hope we will do more. It is unfair that more than eight million children in families with incomes too low to qualify for even a partial credit get no benefit at all. These are families whose incomes are far below the Federal poverty level and whose children ironically have the greatest needs--even as their parents pay an enormous share of their incomes in taxes and basic services, such as food, housing, and clothing.
America can do better. In the new Congress, I hope we will tackle the broader challenge of ensuring that their parents have jobs that pay living wages, a home they can afford, a school district that enables a life of opportunity, a community that cares for its children, and the faith that hard work and personal commitment payoff. America can do this.
I urge my colleagues to join me in supporting this important bill as a first step in addressing the broader goal of equal opportunity for all Americans.
Sen. Larry Craig [R-ID]:
[Introducing S. 220] Mr. President, I rise today to introduce the Southern Idaho Bureau of Reclamation Repayment Act of 2007. This Act authorizes prepayment by landowners of their allocated portion of the obligations to the Bureau of Reclamation within A&B Irrigation District and will allow individual landowners to prepay their obligations if they so desire. Additionally, the Act will allow the landowners who have prepaid to be exempt from the acreage limitation provisions set in the Reclamation Reform Act of 1982, thereby creating an appropriate market for the sale of those lands now owned by landowners who have either died or have retired.
I look forward to working with my colleagues to move this necessary bill through the legislative process quickly.
Sen. Charles Grassley [R-IA]:
[Introducing S. 221] Mr. President, I rise to re-introduce the Fair Contracts for Growers Act of 2007. This bill would simply instill fairness into contractual dealings between farmers and processors. It ensures that parties to a dispute related to agricultural contracts have a true choice of venues.
I introduce this legislation because I believe that anti-competitive activity has become a grave threat to the family farmer. During the last Farm Bill debate, I brought this same bill forward, along with several others. Despite this policy passing the Senate, remarkably the final Farm Bill included no provisions to address concentration.
So, earlier this year, I announced that I will be putting forward a package of bills that will focus on anti-competitive activity in the agriculture industry. This bill is the first step of my agriculture concentration agenda.
Today's legislation is one piece of the puzzle to help stop the unfair impact that vertical integration is having on the family farmer. In the last several years we've seen a tremendous shift in agriculture toward contract production. Under many of these contract arrangements, large, vertically integrated agribusiness firms have the power to dictate the terms of "take-it-or-leave-it" production contracts to farmers.
Then, when there is a dispute between the packer and the family farmer, and the contract between the two includes an arbitration clause, the family farmer has no alternative but to accept arbitration to resolve the dispute. These clauses limit farmers' abilities to pursue remedies in court, even when violations of Federal or State law are at issue. This mandatory arbitration process puts the farmer at a see disadvantage. Even in a situation where discrimination or fraud is suspected, a farmer's only recourse under such a contract is to submit to arbitration. The farmer cannot seek redress in court, even if the result is bankruptcy or financial ruin.
Make no mistake, arbitration is very useful in certain situations. It reduces the load on our courts, and can save parties the expense of drawn-out litigation. This bill would not rule out arbitration-just forced arbitration.
The Fair Contracts for Growers Act would amend the Packers and Stockyards Act to require that any contract arbitration be voluntarily agreed upon by both parties to settle disputes at the time a dispute arises, not when the contract is signed. This would allow farmers the opportunity to choose the best form of dispute resolution and not have to submit to the packers. It ensures that a farmer, most often the "little guy" in these dealings, is able to maintain his constitutional right to a jury trial. It also gives him a chance to compel disclosure of relevant information, held by the company, which is necessary for a fair decision.
During consideration of the Farm Bill, the Senate passed, by a vote of 64-31, the Feingold-Grassley amendment to give farmers a choice of venues to resolve disputes associated with agricultural contracts. I urge my colleagues to join with Senator FEINGOLD and me, along with our other cosponsors, in supporting this important legislation.
I ask unanimous consent that the text of the bill and letters of support be printed in the RECORD.
There being no objection, the material was ordered to be printed in the RECORD, as follows:
Sen. Russell Feingold [D-WI]:
[Introducing S. 223] Mr. President, today I will once again introduce with the, Senator from Mississippi, Mr. Cochran, and the Senator from Arizona, Mr. McCain, a bill to bring Senate campaigns into the 21st century by requiring that Senate candidates file their campaign finance disclosure reports electronically and that those reports be promptly made available to the public. This step is long overdue, and I hope that the fact that we now have two dozen or so bipartisan cosponsors indicates that the Senate will act quickly on this legislation.
A series of reports by the Campaign Finance Institute has highlighted the anomaly in the election laws that makes it nearly impossible for the public to get access to Senate campaign finance reports while most other reports are available on the Internet within 24 hours of their filing with the Federal Election Commission (FEC). The Campaign Finance Institute asks a rhetorical question: "What makes the Senate so special that it exempts itself from a key requirement of campaign finance disclosure that applies to everyone else, including candidates for the House of Representatives and Political Action Committees?"
The answer, of course, is nothing. The United States Senate is special in many ways. I am proud to serve here. But there is no excuse for keeping our campaign finance information inaccessible to the public when the information filed by House candidates or others is readily available. A recent Washington Post editorial called this delay "completely unjustified." I couldn't agree more, especially now, when the Senate is debating ethics reforms designed to increase transparency and accountability to the public. I ask unanimous consent that the text of this editorial be printed in the RECORD following the text of the bill.
My bill amends the section of the election laws dealing with electronic filing to require reports filed with the Secretary of the Senate to be filed electronically and forwarded to the FEC within 24 hours. The FEC is required to make available on the Internet within 24 hours any filing it receives electronically. So if this bill is enacted, electronic versions of Senate reports should be available to the public within 48 hours of their filing. That will be a vast improvement over the current situation, which, according to the Campaign Finance Institute, requires journalists and interested members of the public to review computer images of paper-filed copies of reports, and involves a completely wasteful expenditure of hundreds of thousands of dollars to re-enter information into databases that almost every campaign has available in electronic format.
The current filing system also means that the detailed coding that the FEC does, which allows for more sophisticated searches and analysis, is completed over a week later for Senate reports than for House reports. This means that the final disclosure reports covering the first two weeks of October are often not susceptible to detailed scrutiny before the election. According to the Campaign Finance Institute, in the 2006 election, "[v]oters in six of the hottest Senate races were out of luck the week before the November 7 election if they did Web searches for information on general election contributions since June 30. In all ten of the most closely followed Senate races voters were unable to search through any candidate reports for information on `pre-general election (October
It is time for the Senate to at long last relinquish its backward attitude toward campaign finance disclosure. I am encouraged by the supportive statements from a number of my colleagues on both sides of the aisle, including the new Minority Leader and Minority Whip, and the new Chair of the Rules Committee. I urge the enactment of this simple bill that will make our reports subject to the same prompt, public scrutiny as those filed by PACs, House and Presidential candidates, and even 527 organizations. I close with another question from the Campaign Finance Institute: "Isn't it time that the Senate join the 21st century and allow itself to vote on a simple legislative fix that could significantly improve our democracy?" This Congress, let us answer that question in the affirmative.
I ask unanimous consent that the text of the bill be printed in the RECORD.
There being no objection, the material was ordered to be printed in the RECORD, as follows:
Sen. Christopher Dodd [D-CT]:
[Introducing S. 224] Mr. President, on the 5th anniversary of No Child Left Behind (NCLB), I rise today to introduce The Standards to Provide Educational Achievement for Kids (SPEAK) Act, a bill designed to start the job of holding every child in America to the same high standards. At its core, SPEAK will create, adopt, and implement voluntary core American education content standards in math and science while incentivizing States to adopt them.
America's leadership, economic, and national security rest on our commitment to educate and prepare our youth to succeed in a global economy. The key to succeeding in this endeavor is to have high expectations for all American students as they progress through our Nation's schools.
Currently there are 50 different sets of academic standards, 50 State assessments, and 50 definitions of proficiency under the No Child Left Behind Act. As a result of varied standards, exams and proficiency levels, America's highly mobile student-aged population moves through the Nation's schools gaining widely varying levels of knowledge, skills and preparedness. And yet, in order for the United States to compete in a global economy, we must strengthen our educational expectations for all American children--we must compete as one Nation.
Recent international comparisons show that American students have significant shortcomings in math and science. Many lack the basic skills required for college or the workplace. This affects our economic and national security; it holds us back in the global marketplace and risks ceding our competitive edge. This is unacceptable.
America was founded on the notion of ensuring equity and opportunity for all. And yet, we risk both when we allow different students in different States to graduate from high school with very different educations. We live in a Nation with an unacceptably high high school dropout rate. We live in a Nation where 8th graders in some States score more than 30 points higher on tests of basic science knowledge than students in other States. I ask my colleagues today what equality of opportunity we have under such circumstances.
This is where American standards come in. Voluntary, core American standards in math and science are the first step in ensuring that all American students are given the same opportunity to learn to a high standard no matter where they reside. They will allow for meaningful comparisons of student academic achievement across States, help ensure that American students are academically qualified to enter college or training for the civilian or military workforce, and help ensure that students are better prepared to compete in the global marketplace. Uniform standards are a first step in maintaining America's competitive and national security edge.
While I realize there will be resistance to such efforts, education is after all a State endeavor; we cannot ignore that at the end of the day America competes as one country on the global marketplace. This does not mean that I am asking States to cede their authority in education. What the bill simply proposes is that we use the convening power of the Federal Government to develop standards and then provide States with incentives to adopt them.
At the end of the day, this is a voluntary measure. States will choose whether or not to participate. States that do participate, while required to adopt the American standards, will be given the flexibility to make them their own. They will have the option to add additional content requirements, they will have final say in how coursework is sequenced, and, ultimately, States and districts will still be the ones developing the curriculum, choosing the textbooks and administering the tests. The standards provided for under this legislation will simply serve as a common core.
The SPEAK Act will task the National Assessment Governing Board (NAGB) with creating rigorous and voluntary core American education content standards in math and science for grades K-12. It will require that the standards be anchored in the National Assessment of Educational Progress' (NAEP) math and science frameworks. It will ensure that such standards are internationally competitive and comparable to the best standards in the world. It will develop rigorous achievement levels. It will ensure that varying developmental levels of students are taken into account in the development of such standards. It will provide for periodic review and update of such standards. It will allow participating States the flexibility to add additional standards to the core. And, it establishes an American Standards Incentive Fund to incentivize States to adopt the standards. Among the benefits of participating is a significant infusion of funds for States to bolster their K-12 data systems.
What I propose today is a first step. A first step in regaining our competitive edge. A first step in ensuring that all American students have the opportunity to receive a first class, high-quality education. It is not a step that I am taking alone.
The SPEAK Act has garnered endorsements from businesses, math/science organizations, foundations, and the education community, including the National Education Association (NEA). Through the leadership of Congressman VERNON EHLERS in the House of Representatives it shares not only bicameral, but bipartisan support. Together we have all come together to affect meaningful change in our public schools.
We live in an economy where you can no longer lift, dig or assemble your way to success. Today, you've got to think your way to success so that when public education doesn't work, when we fail to compete as one nation, our entire country gets left behind. Low expectations translate to an America that is less competitive on the world stage. If that happens, we are going to wonder why we didn't do anything about it while we still had time.
Core American standards will set high goals for all students, allow for meaningful comparisons of achievement across States, and help ensure that all of our students are qualified to enter college. At the end of the day, we all want what's best for our country and parents want what's best for their kids. With core standards, America will begin the work of regaining its competitive edge in the global economy. And in the life of every student, equality will be made a little more real with introduction of this bill, as the skills and knowledge we expect of them are no longer made contingent on where they reside.
I hope that my colleagues will join me in supporting the SPEAK Act. As we start holding our students to the same high standards, I expect that we will be amazed at the excellence that follows. I ask unanimous consent that the text of the bill be printed in the RECORD.
There being no objection, the text of the bill was ordered to be printed in the RECORD, as follows:
Sen. Larry Craig [R-ID]:
[Introducing S. 225] Mr. President, I have sought recognition to comment on legislation that I introduced last November along with the distinguished Senator from Hawaii, Senator Akaka, and that I am again introducing today. The bill would expand the number of eligible recipients of retroactive payments under the Traumatic Injury Protection under Servicemembers' Group Life Insurance, or "TSGLI", benefit. Most of my colleagues have perhaps heard the story of how this important benefit became law and what its intended purpose is, but I believe it is worth repeating.
In April of 2005 I was visited by three servicemembers who were seriously injured during Operation Iraqi Freedom (OIF). They were members of an organization called the Wounded Warrior Project, and they told me of their lengthy recovery times at Walter Reed Army Medical Center and the financial toll that that period of convalescence had on them and their families. They talked about wives, parents, and other relatives who had taken long absences from work, and some who had even quit their work, in order to spend time with those recovering at Walter Reed. And they told me that the Department of Veterans Affairs compensation system was no help because, by law, those benefits do not kick in until after separation from service.
Based on their experiences, these wounded warriors recommended that I pursue legislation to create a new insurance benefit for those with traumatic injuries such as theirs. The insurance would pay between $25,000 and $100,000 as soon as possible after an injury occurred, thereby bridging the gap in assistance needed during the time of a wounded servicemember's recovery and the time of his or her separation from service. They asked that I make the legislation prospective only, meaning that they, and hundreds of others, would go without any TSGLI payment. I honored that request and, together with Senator Akaka and other Members of the Committee on Veterans' Affairs, introduced an amendment to the 2005 Emergency Supplemental Appropriations bill then pending before the Senate.
A second degree amendment was later unanimously agreed to which authorized retroactive benefit payments to all of those injured in the Operation Iraqi Freedom and Operation Enduring Freedom (OEF) theaters of operation--providing for TSGLI payments to hundreds of servicemembers who had been seriously injured since the start of the wars in Afghanistan and Iraq. At the time, the retroactive TSGLI provision was consistent with other retroactive benefits approved within the Emergency Supplemental bill, such as $238,000 in combined Servicemembers' Group Life Insurance (SGLI) and death gratuity benefits that were provided retroactively to survivors of those killed in combat operations since the start of the War on Terror. Needless to say, the TSGLI amendments were approved by the Congress and enacted into law.
Fast forward to the present. TSGLI has been up and running since December 1, 2005, and provides financial assistance of $25,000 to $100,000 to traumatically injured servicemembers within, on average, 60 days of the date of the injury causing event. As of January 5, 2007, almost 2,233 wounded OIF/OEF servicemembers have benefited under the retroactive portion of the program. For those with injuries post December 1, 2005, it does not matter if an injury occurs as a result of combat operations or training exercises--payment under TSGLI is available in either situation; 626 wounded servicemembers have benefited under this aspect of the program.
The Senate Committee on Veterans' Affairs held a hearing on the TSGLI benefit in September 2006. The Committee received testimony from the Wounded Warrior Project, the organization largely responsible for TSGLI's conception. While very pleased with the program overall, a serious concern was raised regarding the equity of only extending retroactive TSGLI payments to those injured during Operations Iraqi and Enduring Freedom. Mr. Jeremy Chwat, testifying for the Wounded Warrior Project that day, used the example of one servicemember as representative of others who are not now eligible for benefits:
Brave men and women like Seaman Robert Roeder who was injured on January 29, 2005 when an arresting wire on the aircraft carrier, the USS Kitty Hawk, severed his left leg below the knee ..... Although the ship was on its way to the Gulf and the training exercises being conducted were in preparation for action in either Operation Enduring or Iraqi Freedom, Robert's injury does not qualify for payment.
Furthermore, since enactment of the 2005 Emergency Supplemental, retroactive SGLI and death gratuity benefits combining $238,000 have been expanded to provide payments to survivors of all servicemembers who died on active duty, whether in combat or not. The reason behind the expansion of retroactive benefits was a recognition that military service is universal in character; that each military man or woman, no matter where they are serving, contributes in a unique way to make the United States Armed Forces second to none.
The legislation I am again introducing today, along with Senator Akaka, will make the TSGLI retroactive payment eligibility criteria consistent with the other benefit program retroactive payment criteria I just mentioned. Thus, if this legislation is enacted, all traumatically injured servicemembers who served between October 7, 2001, and December 1, 2005, will be eligible for TSGLI payments, irrespective of where their injuries occurred. Unofficial estimates from VA suggest that there may be over 215 active duty personnel who, like Seaman Roeder, sustained traumatic injuries during this time period while performing their military duties.
Both the Wounded Warrior Project and the National Military Families Association have expressed their support for this bill. And I now ask my colleagues for their support. This is the right thing to do for our military men and women.
I ask unanimous consent that the text of the bill text be printed in the Record.
There being no objection, the text of the bill was ordered to be printed in the RECORD, as follows:
Sen. Charles Grassley [R-IA]:
[Introducing S. 226] Mr. President, I ask unanimous consent that the text of this bill be printed in the RECORD.
There being no objection, the text of the bill was ordered to be printed in the RECORD, as follows:
Sen. Pete Domenici [R-NM]:
[Introducing S. 229] Mr. President, I rise today with my colleague, Senator BINGAMAN, to introduce legislation that will designate the Veterans Administration Medical Center in Albuquerque, NM, the "Raymond G. Murphy Department of Veterans Affairs Medical Center."
Jerry Murphy is an extraordinary New Mexican who was awarded the Congressional Medal of Honor for his heroic actions on February 3, 1953, while serving in the Korean war. On that day in February 1953, Marine 2nd Lieutenant Murphy participated in a raid on Ungok Hill. In the course of the operation, most of the senior officers in Lieutenant Murphy's unit were killed or wounded and the assault on the hill became stalled with many members of the Marine assault force pinned down and trapped on the hill by enemy fire. Seeing his fellow marines in trouble and against orders Lieutenant Murphy organized and led a daring rescue effort. Under intense enemy fire, Murphy personally made countless trips up the hill to evacuate and provide cover for the stranded
Jerry's personal mission to protect and aid his fellow servicemen and women did not end on that hill in Korea, for 25 years he worked in the Veteran's Administration, VA regional office in Albuquerque, New Mexico. While there Jerry worked tirelessly as a counselor in the Division of Vocational Counseling to insure the men and women who served and defended our Nation were able to make the transition to life in peacetime.
Unlike many of us who look to retirement as a time for personal pursuits and relaxation, Jerry chose to carry on his work on behalf of veterans and until 2000 volunteered at the VA hospital in Albuquerque, NM.
For these reasons I am introducing this legislation today. Jerry Murphy is a true American hero who in war and peace dedicated himself to others. I think it only right that the medical center in Albuquerque bear his name in recognition of his great service to this country and its men and women in uniform.
I ask unanimous consent that the text of the bill be printed in the RECORD.
There being no objection, the text of the bill was ordered to be printed in the RECORD, as follows:
Sen. Dianne Feinstein [D-CA]:
[Introducing S. 231] Mr. President, I am pleased to join Senator CHAMBLISS and a number of other co-sponsors in introducing the Edward Byrne Memorial Justice Assistance Grant Reauthorization Act. This bill would take the $1,095,000,0000 amount which Congress authorized for the Byrne/JAG grant program in fiscal year 2006 in the Violence Against Women and DOJ Reauthorization Act of 2005 (Pub. L. 109-162), and reauthorize that same amount for the program in each year through fiscal year 2012.
The "Byrne/JAG" program resulted from the 2005 consolidation of the Edward Byrne Memorial State and Local Law Enforcement Assistance Program, and the Local Government Law Enforcement Block Grants.
Named after New York Police Officer Edward Byrne, who was killed in the line of duty in 1988, it provides critical support to State and local law enforcement officials.
Byrne/JAG is a law enforcement funding program run by the Department of Justice. For more than 20 years, grants from Byrne/JAG and its predecessor programs have funded state and local drug task forces, community crime prevention programs, substance abuse treatment programs, prosecution initiatives, and many other local crime control programs.
One of the most popular uses of Byrne/JAG funds is to support multi-jurisdictional task forces, which help fight drug and firearm traffickers, gangs, pharmaceutical diversion, and organized crime in America's communities.
Results from Byrne/JAG are real. According to data compiled by the National Criminal Justice Association from self-reported metrics submitted by State Administering Agencies for the 2004 grant year, task forces funded in part by Byrne/JAG grants were responsible for: 54,050 weapons seized; 5,646 methamphetamine labs seized; and $250,000,000 in cash and personal property seized, not including the value of narcotics seized. They were also responsible for removing massive quantities of controlled substances from America's streets, including: 2.7 million grams of amphetamine and methamphetamine; 1.8 million grams of powder cocaine; 278,200 grams of "crack" cocaine; 73,300 grams of heroin; 75 million cultivated and noncultivated marijuana plants, and 27 million kilograms of marijuana.
As Ron Brooks, President of the National Narcotics Officers' Associations' Coalition (NNOAC) testified last June, "more than one-third of all meth lab seizures were conducted by Byrne-funded task forces."
We get good returns on this investment. The National Sheriff's Association estimates that, with 2,794 personnel in multi-jurisdictional drug tasks forces, this equates to: 79 drug arrests per full-time employee (221,475 total); 6 kilograms of cocaine seized per FTE. (17,991 total); 2 kilograms of meth seized per FTE, 5,452 kilos total"; 400 grams of heroine seized per FTE, 1,177 kilos total, 306 lbs. of processed marijuana per FTE, 855,309 total; and 3 meth lab responses per FTE, 8,983 total.
And our rural communities are especially dependent on Byrne/JAG grants. Byrne/JAG grants to the States are allocated 60/40, so that 40 percent of the funds must be set aside for distribution to local governments. In short, this is one of the only sources of federal funds for sheriffs and police chiefs in many of our smaller towns and counties.
When Byrne/JAG and the Community Oriented Policing Services (COPS) program were well funded, state and local law enforcement officers produced real results. It is no coincidence that, during this period, we saw more than a decade of steady reductions in violent crime.
Unfortunately, Federal funding for these justice assistance programs has been dramatically slashed in recent years. As late as Fiscal Year 2003, the Byrne grant programs had been funded at a level of $900 million. In Fiscal Year 2004, however, it was reduced to $725 million. And in FY2005, Byrne/JAG was cut to $634 million.
That year in California, the Governor issued a notice to the law enforcement community, advising that this change would "significantly reduce the amount of drug control and criminal justice funding in California"--by a whopping $14 million in one year, just for my State.
In Fiscal Year 2006, the program was cut even further, to only $416.5 million--amounting to a 54 percent cut from Fiscal Year 2003. In Fiscal Year 2006, and then again in Fiscal Year 2007, the President's budget proposed eliminating the Byrne program entirely.
In response, the Senate voted to restore Byrne funding in Fiscal Year 2006 to its Fiscal Year 2003 level of $900 million, but that increase was taken out of the final conference report.
For Fiscal Year 2007, the Senate again restored $900 million in a budget amendment, but no appropriations bill was passed.
What have we seen in the wake of these cuts to State and local law enforcement and the Byrne/JAG program?
After a decade of declines, FBI reports for 2005 showed a rise in violent crime in every region of our country--an overall increase of 2.5 percent, the largest reported increase in violent crime in the U.S. in 15 years.
For the first six months of 2006, the numbers for violent crime were even worse--up again in every region, and with a surge of nearly 3.7 percent. And the number of robberies--which many criminologists see as a leading indicator of future activity--was up by almost 10 percent. The reduction in Byrne/JAG and other similar funding is not the only reason for this increase. Experts also cite the spread of criminal street gangs like MS-13, for example, as a major factor in the jump in violent crime.
When we are faced with such challenges, however, the Byrne/JAG program has a clear role to play in addressing America's growing violent crime problem.
A national integrated threat demands a national integrated response, with State and local law enforcement leading the way, but with the Federal Government providing meaningful support. Byrne/JAG facilitates. that design, by allowing State and local leaders to leverage resources in key areas, and facilitating collaboration among those in law enforcement, corrections, treatment, and prevention.
A review of programs around the country reveals that some Byrne/JAG-funded task forces receive between $30 and $40 from State or local sources for every Federal dollar they receive. Rather than supplanting other sources, Byrne/JAG often leverages Federal dollars, by providing the incentive needed for local agencies to cooperate, communicate, share information and build good cases.
Because State and local cops account for 97 percent of all drug arrests in America, further Byrne/JAG cuts will have a clear effect, as NNOAC President Ron Brooks testified: [T]ake away the Byrne-JAG drug task forces and I guarantee you will have fewer lab seizures ..... The meth supply will continue to grow, as will the toxic meth waste that is being dumped in many neighborhoods.
Unfortunately, some of this is already happening. After the recent cuts to Byrne/JAG, the governor of Texas eliminated funding for most drug task forces in his State, because he decided the limited funding available was needed instead for border enforcement. Narcotics officers throughout the United States also report a similar trend of eliminations and decreases of task forces.
Without multi-jurisdictional task forces, officers will revert to working within their own stovepipes, arresting mere targets of opportunity instead of focusing on organizational targets that have a disproportionate impact on the problem. Police officers will return to working within their own teams rather than cooperating and using shared intelligence to identify wider drug trafficking investigations.
Since 9/11, we have understandably placed greater emphasis on the terrorist threat from abroad, and protecting our borders. But to save the perimeter and lose the heartland to international drug cartels, American street gangs, local meth cookers and neighborhood drug traffickers would be a hollow victory indeed.
Last year, a group of 15 organizations--including NNOAC, the National Troopers Coalition, the International Association of Chiefs of Police, the Major City Chiefs' Association, the National Sheriffs Association, the National District Attorneys' Association, the National Alliance of Drug Enforcement Agencies, the National Association of Counties, the National Association of Drug Court Professionals--all came together to call for the Byrne/JAG program to be funded at the $1.1 billion level.
The 15 groups represented more than 456,000 law enforcement officers, drug court judges, treatment practitioners, and prosecutors from over 2,000 counties and more than 5,000 community prevention coalitions. And for the 110th Congress, funding Byrne/JAG at the $1.1 billion level remains a top law enforcement priority.
Passage of this bill will respond to such requests from law enforcement, and also send a clear message that any further efforts by this Administration to reduce or eliminate the Byrne/JAG program in the Fiscal Year 208 budget will be strongly resisted by this Congress.
I urge my colleagues to support this legislation.
Sen. Ron Wyden [D-OR]:
[Introducing S. 232] Mr. President, the legislation I introduce today reauthorizes a very successful cooperative watershed restoration program that I originally sponsored, and that was originally enacted for the Forest Service, in the Fiscal Year 1999 Interior Appropriations bill. The original legislation lasted through Fiscal Year 2001 after which it was reauthorized by the Appropriations Committees, at my request, through Fiscal Year 2005 and then again through Fiscal Year 2011. My bill passed the Senate in the 109th Congress, but unfortunately did not pass in the House before the end of the Congress. Today, I reintroduce the bill hoping that it can speedily pass both chambers.
The bill making what is commonly referred to as the Wyden amendment permanent authorizes the Secretary of Agriculture to use appropriated Forest Service funds for watershed restoration and enhancement agreements that benefit the ecological health of National Forest System lands and watersheds. The Wyden amendment does not require additional funding, but allows the Forest Service to leverage scarce restoration dollars thereby allowing the federal dollars to stretch farther. During the eight years the program has existed, the Forest Service has leveraged three dollars for every Forest Service dollar spent on these agreements.
The Wyden amendment has resulted in countless Forest Service cooperative agreements with neighboring state and local land owners to accomplish high priority restoration, protection and enhancement work on public and private watersheds. The projects authorized by these agreements have improved watershed health and fish habitat through the control of invasive species, culvert replacement, and other riparian zone improvement projects. In addition to ecological restoration, use of the Wyden amendment has improved cooperative relationships between the Forest Service, private land owners, state agencies and other federal agencies.
I am hopeful that my colleagues on the Energy and Natural Resources Committee will again pass this bill out of the Committee and that thereafter this legislation can again pass the Senate expeditiously. I ask unanimous consent that the text of the bill be printed in the RECORD.
There being no objection, the text of the bill was ordered to be printed in the Record, as follows:


