Prepared Floor Statement of Senator Chuck Grassley of Iowa

Chairman, Senate Judiciary Committee, United States Senate

EB-5 Regional Center Investment Program Targeted Employment Areas

Wednesday, October 7, 2015

Mr. President,

I want to talk today about an immigration program, known as the EB-5 Regional Center Investment Program, and the serious concerns I have about continuing this program without reforms.  The program was just extended in the continuing resolution to keep the government funded, but I want to talk about the changes that need to be made before, and if, it is extended again.

The EB-5 program was created by Congress in 1990.  A foreign national can invest one million dollars in a new commercial enterprise that creates 10 full-time jobs, and in turn, receive lawful permanent residence and then citizenship.  The required investment amount is only $500,000 if the investment is made in a "Targeted Employment Area," defined to be a rural area or an area with high unemployment.

The EB-5 Regional Center Program allows investors to pool their investments for a project.  And, they can meet the job creation requirement by providing evidence of indirect jobs.

In previous speeches on the floor, I have talked about the national security and integrity issues associated with the program.  I have detailed the risks and expressed concern about the lack of oversight by the administration.

Today, I want to focus on one particular abuse of the program and how it's not fulfilling the intent of the law.

Perhaps the greatest violation of Congressional intent that has evolved over the years is the manner in which so much of the investment money coming into Targeted Employment Areas has been directed towards lavish building projects in well-to-do urban areas.

Four -star hotels and commercial office buildings are being built with foreign investment dollars in affluent urban neighborhoods rather than high unemployment and rural areas, which Congress intended to benefit.

This has been done by "gerrymandering" the boundaries of the Targeted Employment Area to include, at one end, the affluent census tract in which the building project is located, and at the other end, perhaps many miles away, a census tract with high unemployment.

One of the most notorious examples of this gerrymandering to push the boundaries is the Hudson Yards project, a group of luxury apartment buildings and office towers in mid-town Manhattan.

Even the Wall Street Journal, which never met a business project it didn't like, reported on how this program has been abused.

The Wall Street Journal explained how the Hudson Yards project qualifies for the lower investment threshold, despite the affluent mid-town location of the project, because the boundaries of the Targeted Employment Area were manipulated to include a public housing project in upper Manhattan.

Another project that flies in the face of congressional intent is located in lower Manhattan near Wall Street.  As the New York Times reports, the Battery Maritime Building has been classified as being located in a Targeted Employment Area based on a gerrymandered area that "snakes up through the Lower East Side, skirting the wealthy enclaves of Battery Park City and TriBeCa, and then jumps across the East River to annex the Farragut Houses project in Brooklyn."

In other words, the developers did everything they could to include the Farragut Houses project --- which is a public housing community - to come in at the lower investment level.

The New York Times went on to say that, "the small census tract that contains the Farragut Houses has become a go-to area for developers seeking to use the visa program: its unemployed residents have been counted toward three projects already."

Watchdog.org, a national watchdog group that has followed abuses of the program closely for years, has also identified another problematic gerrymandered Targeted Employment Area.  They reported that a 21-story residential building project that included trendy restaurants and shops was built with foreign investments, despite its location in an upscale neighborhood with 0.8 percent unemployment.

These are just a few examples.  Yet, they point to the clear problem with this program.  When it was created by Congress, we set two different investment levels, and clearly tried to steer this foreign capital to high unemployment and rural areas.  That's not happening.

The Wall Street Journal reports that at least 80 percent of program money is going to projects that wouldn't qualify as being in Targeted Employment Areas without "some form of gerrymandering."  Meanwhile, the Journal adds, people wanting to raise money for projects in rural areas and low-income parts of cities say they find it increasingly hard to compete.

Even the Washington Post has become fed up with the way in which the intent of Congress has been violated.  In a September 6 editorial, after discussing the program's numerous economic and integrity failings and suggesting that the program lapse, the Post writes: "The EB-5 program is supposed to favor distressed economic areas, but the definition of a needy zone has been stretched to include nearly the whole country, including hot downtown real estate markets."

I ask unanimous consent to include the articles I referenced in my remarks.

Let me end by saying again that the program is in need of reform.  In June, Senator Leahy and I introduced S. 1501, a bill that would substantially reform the program by improving program oversight, addressing national security vulnerabilities, and restoring the program to its original intent.

I hope my colleagues will take an opportunity to understand how the program is being used and abused, and review the proposal that Senator Leahy and I have put out.

I yield the floor.


Legislation would withhold federal funding from cities, states that ignore federal immigration laws and harbor criminal immigrants

 

WASHINGTON, D.C. - A coalition of U.S. senators introduced the Stop Sanctuary Policies and Protect Americans Act, which would withhold certain federal funding from sanctuary states or cities that fail to comply with Department of Homeland Security issued detainer requests for people in the country illegally. The bill would redirect these funds to states and localities that follow the law. Cosponsors of the bill include Sens. David Vitter, Pat Toomey, Chuck Grassley, Ted Cruz, Ron Johnson, John Cornyn, Dan Sullivan, David Perdue, Johnny Isakson, Marco Rubio and John Barrasso.

"This is a fair and appropriate approach for Congress to take in response to the thousands of federal immigration detainers being ignored and the need to keep illegal immigrants who have previously committed felonies off the streets.  We've seen far too many people hurt because of sanctuary policies - whether aided by the Obama administration or the fact that our state and local governments are afraid of getting sued.  The families of these victims deserve better of their government," said Chairman Grassley.

"There is absolutely no reason that any U.S. city should be allowed to ignore our nation's immigration laws and provide a safe harbor for illegal immigrants. Our legislation will stop sending sanctuary cities federal taxpayer dollars, so hopefully they get a clue," said Sen. Vitter. "Three months ago, Kate Steinle was murdered in San Francisco by an illegal immigrant who should have never been walking the streets in the first place. In the time since Ms. Steinle's death, we have seen similar murders and other terrible acts of violence against law abiding citizens across the United States - it is outrageous that the policies allowing these crimes to happen have not changed.? We need to send a loud and clear message to any sanctuary cities that their dangerous policies are not acceptable."

"As a father, I cannot imagine the pain of Kate Steinle's father, watching his daughter die in his arms while she begged him to help her," said Sen. Toomey. "Sadly, Kate's family is not alone. The U.S. Senate has heard testimony from family after family, detailing how they have lost loved ones because sanctuary cities put criminals back on the street. The people of America deserve better. The Obama Administration has forbidden the Department of Homeland Security from removing illegal immigrants unless they have been convicted of serious crimes or have repeatedly flouted the nation's immigration laws. Thus, when a sanctuary city thwarts DHS, that city is almost certainly releasing someone who poses a serious danger to the community. This should not be a partisan issue. Even the Obama Administration has determined these individuals pose a threat to America. I am pleased to join my colleagues to give the federal government the tools to protect Americans from dangerous, criminal illegal immigrants."

"In light of the threat criminal aliens pose to the safety and security of our communities, we can no longer allow states and municipalities to take federal taxpayer money while turning a blind eye to the illegal aliens in their midst.  What happened to Kate Steinle is heartbreaking," said Sen. Cruz. "And the heartbreak is even more tragic given the circumstances. Clearly, our laws are not adequately deterring those who have already been deported from illegally reentering the country.  I'm proud to join with my colleagues in sending the message that defiance of our nation's laws will no longer be tolerated. Of course, stiff penalties alone will not suffice. Congress must hold this Administration accountable for its failure-if not its outright refusal-to enforce federal immigration laws and ensure the safety and protection of the American people."

"As chairman of the Homeland Security and Governmental Affairs Committee, I have focused on ensuring our borders are secure and that our communities are safe.   At a recent committee hearing, an official from U.S. Immigration and Customs Enforcement (ICE) testified that ICE was unable to deport Kate Steinle's murderer because San Francisco did not honor the ICE detainer.  In fact, the criminal alien admitted that he went to San Francisco because of its lenient immigration enforcement policies. Sanctuary jurisdictions that do not cooperate with the enforcement of federal immigration laws or do not honor federal immigration detainers should not receive federal funding. Moreover, legislation should be passed that provides liability protection to jurisdictions that honor federal detainers and hold aliens until ICE can pick them up.  This is necessary, as recent court decisions have led many jurisdictions to release criminal aliens due to liability concerns.  The Stop Sanctuary Policies and Protect Americans Act provides these important reforms, making communities safer and bringing the country closer to a secure border. I am pleased to support this effort and encourage quick action on the Senate floor," said Sen. Johnson.

"Sanctuary cities are inviting illegal activity and violent crime into our country and this must stop now," said Sen. Perdue. "The family of Kate Steinle and thousands of other innocent Americans should not be victimized by these cities' dangerous policies. It is irresponsible for the Obama Administration to allow sanctuary cities to harbor illegal criminals and thwart federal immigration laws. We will use every tool at our disposal to make sure these cities enforce our nation's laws."

"So-called 'sanctuary cities' undermine the rule of law, and they are simply unacceptable," said Sen. Isakson. "Our immigration laws must be followed, and they must be enforced. I stand in full support of cities and local communities who do both, and I will continue working to hold those who choose not the follow the rule of law accountable."

"Kate Steinle's murder tragically exposed the dangers of an inconsistent and ineffectual immigration enforcement policy, which encourages flagrant violations of our laws. We need to fix our broken immigration system, but we can't do it as long as the belief persists that our immigration laws can be violated without any consequences," said Sen. Rubio.

In efforts to curb formation and/or continuation of sanctuary cities, this legislation:

  • Defines a sanctuary jurisdiction as a state or locality that prohibits its law enforcement officers from cooperating with federal immigration officials, even if they wish to do so;
  • Provides transparency by requiring the Department of Homeland Security to publicly list which jurisdictions are deemed sanctuary jurisdictions;
  • Withholds certain federal funds and grants from sanctuary jurisdictions;
  • Requires that those withheld funds are re-allocated and made available to other state and localities jurisdictions that allow their local law enforcement to cooperate with federal officials;
  • Confirms that local law enforcement have the legal authority to cooperate with federal immigration officials if they wish, while protecting individuals' civil rights and preserving individuals' ability to sue for violations of civil and constitutional rights.
  • Kate's Law: Establishes a mandatory minimum sentence of 5 years for illegal immigrants who are convicted of re-entering the U.S. after being convicted of an aggravated felony or being convicted of having illegally re-entered the U.S. twice prior.

Currently, there are approximately 170,000 convicted criminal aliens who have been ordered to be deported, but remain at large in the United States. Over 200 cities currently provide safe-haven as sanctuary cities.

The legislation is supported by National Association of Police Organizations, the National Sheriffs Association, and Federal Law Enforcement Officers Association, International Union of Police Associations.

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Grassley, Franken Re-introduce Bipartisan Bills to Help Students Understand Cost of College, Make Cost Comparisons Easier

 

WASHINGTON - Sen. Chuck Grassley of Iowa and Sen. Al Franken of Minnesota today re-introduced two bills that would give students and their families better information about the costs of college.   The bills continue the senators' long-time collaboration to help college students avoid sticker shock and insurmountable debt.

"College sticker prices don't mean much.  That means students are flying blind when making one of the most expensive commitments in their lives," Grassley said. "It's almost impossible for students to compare college costs until they have applied and received their financial aid award letter.  Even then, the financial aid award letter they receive from one school might be a lot different than one from another school.   As a result, students have a very hard time determining which school is the most economical choice.   Our legislation would help take the mystery out of college costs.  Also, the more information available, the more there will be price competition to help keep tuition costs down."

 

Franken said, "Minnesota students and families are finding it more and more difficult to pay for college, and that's why I'm working so hard on this issue. Part of the problem is that students often don't have a clear picture of how much their education is going to actually cost them, and often don't fully understand what schools they can and cannot afford. Our bipartisan bills will increase the transparency of college costs and provide students and families with a better estimate of what they will need to earn, borrow, or save to attend the best school for them."

The Net Price Calculator Improvement Act would improve the effectiveness of and access to net price calculators, the tools that provide students with early, individualized estimates of higher education costs and financial aid figures before they decide where to apply.  The bill would require schools to put their calculators on webpages where students and families are likely to look for cost and admissions information. The Net Price Calculator Improvement Act also would authorize the Department of Education to develop a "universal calculator" that lets students answer a standard set of financial and academic questions to get cost estimates from many schools so they could better compare costs across institutions.

The Understanding the True Cost of College Act would create a universal financial aid award letter so that students easily could compare financial aid packages between schools.  It would clarify what financial aid families will receive from a school and create standard terms for the aid offered so that students could accurately compare offers from different schools. Right now, schools do not use standard definitions or names for different types of aid, so students and families often report having difficulty figuring out the differences between grant aid ? which does not need to be repaid ? and student loans, which do need to be repaid.

A summary of the Net Price Calculator Improvement Act is available here.

A summary of the Understanding the True Cost of College Act is available here.

 

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Judiciary Committee to Hold Hearing on Sentencing Reform Bill Ahead of Markup

 

WASHINGTON - Senate Judiciary Committee Chairman Chuck Grassley said today that he intends to hold a hearing on the newly-introduced Sentencing Reform and Corrections Act prior to taking further committee action on the legislation.

The hearing will provide senators an opportunity to gather valuable feedback from interested parties on the legislation ahead of a committee markup, which is slated for Oct. 22.

The legislation, which has been placed on the agenda for Thursday's executive business meeting, will be held over until the following executive business meeting, as is customary.  Details on the hearing are forthcoming.

The bipartisan Sentencing Reform and Corrections Act was introduced last Thursday.  The bill aims to recalibrate prison sentences for certain drug offenders, target violent criminals, and grant judges greater discretion at sentencing for lower-level drug crimes. The package also seeks to curb recidivism by helping prisoners successfully re-enter society.

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Prepared Floor Statement of Senator Chuck Grassley, Chairman, Senate Judiciary Committee

The Real Story on Nominations

Today, the Senate confirmed the 314th judicial nominee during President Obama's presidency. This is in contrast to only 291 judicial nominees the Senate had confirmed by this point in 2007, during George W. Bush's presidency?23 more judicial nominees confirmed than at this point in 2007. With that record, it is hard to see what there is to complain about. But because we continue to hear complaints, I would like to take this opportunity to set the record straight.

My colleagues on the other side of the aisle would have you believe there is a vacancy crisis in this country. There is no vacancy "crisis." This so-called "crisis" has been manufactured. This year, 2015, boasts the fifth lowest average vacancy rate of the last 25 years.

The Senate is finally back to work after years of stagnation under Democratic leadership. This year alone we have held over one hundred and sixty-five roll call votes on amendments as opposed to last year when the Senate held votes on only fifteen amendments. Rather than complaining about a problem that does not exist, we should focus on solving issues facing hard-working Americans.

Furthermore, as I have said before, the Senate Judiciary Committee is moving at the same pace this year that it did under the Democrat control in 2007 during the last two years of President Bush's presidency. By this point in 2007, the Committee had held 8 hearings for a total of 23 nominees (22 judicial nominees and 1 executive nominee). Including last week's hearing, we have held 8 hearings for a total of 25 nominees (5 executive nominees and 20 judicial nominees) including hearings for both the Attorney General and the Deputy Attorney General.

Finally, with respect to those judges on the executive calendar, everyone knows that at the end of last year the Senate rammed through 11 judges, which under regular order, should have been considered at the beginning of this Congress. That is what happened in 2006, when 13 nominations were returned to the President and then renominated in 2007. Had we been able to consider those nominees this year under regular order, the Senate would have confirmed more judges this year.

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U.S. Senator Chuck Grassley made the following comment after learning of the death of Art Small.

"I just learned of the passing of Art Small.  I had the pleasure of serving with him in the state legislature and as an opponent for a seat in the United States Senate in 2004.  I very much enjoyed serving with him in the Iowa House of Representatives.  He was a hard-working, smart legislator who represented his constituents well.  Barbara and I extend our deepest sympathies to his family."

Judiciary Committee Chairmen Press Homeland Security Secretary for Swift Action on 'Sanctuary' Jurisdictions

 

WASHINGTON - Senate Judiciary Committee Chairman Chuck Grassley and House Judiciary Committee Chairman Bob Goodlatte today are calling on the Department of Homeland Security to back words with actions when dealing with state and local jurisdictions that refuse to comply with federal immigration requests. States, cities and counties that refuse to comply with the federal government for immigration enforcement purposes are commonly referred to as "sanctuary" jurisdictions.

Homeland Security Secretary Jeh Johnson recently said it is "not acceptable to have no policy of cooperation with immigration enforcement."  However, the Department of Homeland Security has not taken demonstrable action to address the unwillingness of sanctuary jurisdictions to work with federal immigration authorities. More than 12,000 federal detainer requests were ignored by state and local jurisdictions in 2014.  Moreover, in June of this year, the administration rolled out a new program that reduces the "enforcement priorities" and announced it would not seek the custody of many criminals who are in the country illegally.

In a letter to Secretary Jeh Johnson, the lawmakers detailed three recent cases in which people have been assaulted or murdered by individuals who are in the country illegally.  In each case, the suspects were in law enforcement custody, but were later released because of a sanctuary policy or because of a lack of action taken by Homeland Security officials.

The lawmakers are requesting an update from the Department on its efforts to engage state and local law enforcement to promote greater cooperation with federal immigration requests. The full text of their letter to Johnson

Grassley Brings National Attention to Iowa Meth Fight

 

WASHINGTON - Senate Judiciary Committee Chairman Chuck Grassley is hosting a field hearing next Tuesday in Des Moines to discuss the ongoing fight against methamphetamine in Iowa.

"During my 99 county meetings I often hear from constituents and law enforcement officials about how severe the meth problem is in Iowa, and how it's changing.  The hearing is designed to bring awareness to current trends concerning meth use and distribution in Iowa and explore ways that the federal government can help address the problem," Grassley said.

Iowa is one of many states that face the evolving challenge of combating meth use.  While state and federal laws have helped to limit meth production in Iowa, Mexican drug cartels are now flooding the state and nation with cheaper, more addictive meth. The latest data indicates that meth labs are at an all-time low in Iowa, but treatment admissions are at an all-time high.

Witnesses from Iowa dedicated to battling meth abuse will share their experiences and expertise at the hearing.  Additionally, Iowans are welcome to submit written testimony to the hearing record.  The hearing is open to the public and the media.

WHAT:           Senate Judiciary Committee field hearing titled "The New Era in the Fight Against Methamphetamine in Iowa"

WHEN:           Tuesday, October 13, 2015 at 10:00 a.m. CST

WHERE:         Cowles-Kruidenier Auditorium of the State Historical Building, 600 East Locust Street, Des Moines, Iowa 50319

The hearing will also air live throughout Iowa on Mediacom, channel 22.

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Congressional Trademark Caucus to Hold Inaugural Panel Discussion

WASHINGTON - Senators Chuck Grassley and Chris Coons, and Representatives Randy Forbes and Suzan DelBene, co-chairs of the Congressional Trademark Caucus, are hosting the caucus' inaugural event on Thursday, Oct. 8 at 2:30 p.m. in room 215 of the Senate Visitors Center.

The event will feature a panel discussion entitled, "Trademarks 101," where panelists will discuss trademark law basics, current issues, and the role of trademarks in protecting public health and safety.

The caucus co-chairs said that this kick-off event will be an enormous help to anybody looking to get up to speed on trademark matters and will feature a panel of experts on trademark law.  Prior to the panel discussion, Mary Denison, U.S. Patent and Trademark Office Commissioner for Trademarks, will also make introductory remarks.

The panel will include Robert Brauneis, Professor of Law and Co-Director of the Intellectual Property Program, The George Washington University Law School; Joe Ferretti, Vice-President & Chief Counsel for Global Trademarks, PepsiCo-Frito Lay and Vice-President, International Trademark Association; and Grant Ashley, Vice President & Chief Security Officer, Merck & Co.

Jon Kent of the International Trademark Association and Frank Cullen of the U.S. Intellectual Property Policy, Global Intellectual Property Center will co-moderate the discussion.

The caucus was founded to support congressional committees with jurisdiction over Intellectual property, with special attention to consumer issues; help increase awareness among Congress, the media and the public about trademarks' importance to global commerce; play a role in creating public policy dialogues on the responsibilities of state and federal governments and brand owners in decreasing the presence of counterfeit goods in the marketplace; and highlight trademark protection in discussions between the U.S. and other nations and world governing bodies.

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New Embrace of the Filibuster

Floor Speech of Sen. Chuck Grassley Delivered Tuesday, Oct. 6, 2015

I would like to comment on the extraordinary about-face we have seen from many of my colleagues across the aisle with respect to the filibuster.  Like Paul on the road to Damascus, they have seen the light and have now embraced the filibuster wholeheartedly.  And, like many converts, they are very active in their new faith.  Naturally, this has caused frustration for many Americans who wonder why we cannot address the pressing issues that we were elected to address.  And, not surprisingly, the recent series of filibusters on legislation of enormous consequence for our nation has resulted in new calls for changes to Senate rules.

First, let's take stock of where we are.  It was just last year that the previous majority leader was abusing the cloture motion to shut down debate and amendments on virtually every single bill, even before debate had begun, all while blocking any amendments.  Any senator who routinely votes for cloture motions under those circumstances is abdicating his or her responsibility to the people that elected that senator to offer and debate different ideas.  Nevertheless, when those of us who were then in the minority voted against abdicating our responsibilities as senators, we had a parade of Democrat senators come to the floor and accuse us of that most dastardly deed, at least according to them, the filibuster.  They repeatedly claimed that strict rule by the majority faction was the principle by which the Senate ought to operate, with little or no input from the minority party, just like in the House of Representatives.

We now have a majority that has tried to restore the Senate to function as a deliberative body, as it used to and as it was intended to by the Framers of the Constitution.  For instance, last year, the previous majority leader didn't bring a single individual appropriations bill to the floor of the Senate for consideration and a vote.  By putting off appropriations until the end of the fiscal year, he calculated that the threat of being blamed for a government shutdown would force Republicans to accept a massive Omnibus bill containing policies that would otherwise be rejected.  This year, the Senate Appropriations Committee has done its work and reported out each separate appropriations bill, all twelve of them, most on a bipartisan basis.  Then, when the majority leader has attempted to bring them to the floor, he has been met with a Democrat filibuster of the motion to proceed to the bill.  What is the justification for that?  The majority leader is not blocking amendments.  If there is something they wish to change or add to the bill, they can offer an amendment.  We have to pass appropriations bills or the government shuts down, so why can't we even bring them up for consideration?

The answer is, the Democratic leadership is up to its old games.  By blocking the appropriations bills and threatening to blame us for a shutdown, they hope to bully us into busting open the spending caps that a majority in both the House and the Senate agreed to in the Budget Resolution earlier this year.  So much for majority rule, which the Democrats claimed was such a deeply held principle only last year.  They justify filibustering the appropriations bills because President Obama has threatened to veto them unless he gets more spending.  That doesn't make any sense.  The first appropriations bill they filibustered was the Defense Appropriations Bill, not because that bill didn't provide enough funding, but because they want to hold it hostage to extract additional spending in other areas.  Now they are holding hostage the bill that funds the Department of Veterans Affairs.  So they are holding hostage funding for our men and woman in combat and our veterans who have served our nation in order to protect the President from having to follow through on his threat to veto these bills.  I understand that the President might not want to have to defend vetoing funding for our troops and veterans as a bargaining chip to extract additional deficit spending from Congress.  But, protecting him from having to follow through with his threat is not a very good reason for a filibuster.

A similar thing happened with the filibuster of legislation to disapprove the Iran deal.  A bipartisan majority in both the House and the Senate were in favor of legislation to block President Obama's dangerous nuclear deal with Iran.  Because the deal was set to go into effect unless Congress acted, the Democrats cannot claim their filibuster was needed for additional deliberation.  It was a blatant attempt to run out the clock so the President would not have to use his veto pen.  So clearly it's not as though the Democrats have now grudgingly accepted the utility of the filibuster only in extraordinary circumstances.  They have now embraced it so completely that they use it simply to prevent embarrassing the President.

In light of this, it is understandable that many in my party and in the grassroots have questioned whether we ought to get rid of the filibuster on legislation.  After all, the Democrats unilaterally abolished the filibuster on nominations, contrary to Senate Rules.  Well, they will have to live with that come 2017 when a Republican president is inaugurated.  But, just as I think they will live to regret that move, I think those of us on my side of the aisle would ultimately regret the loss of the Senate as a deliberative body if we were to change the cloture rule for legislation.  What would the Democrats do with unchecked power?  We don't have to guess.  The Democrats briefly had the 60 votes needed to overcome any filibuster and they promptly rammed an unpopular healthcare law down the throats of an unwilling American public.  They dismissed legitimate criticisms from Republicans and skepticism from citizens.  They promised that Americans would like it once it had passed and we found out what's in it.  Well, Americans now know what was in it and the law hasn't become any more popular.

So does that mean that we have to just accept that Obamacare and other aspects of the "fundamental transformation of America the President promised are here to stay?  Of course not.  But we must not be shortsighted.  Keep in mind that the American Left was greatly influenced by the Progressive Movement in the early 20th century, which held that history is continually progressing toward a future of more governmental control over people's lives, for their benefit of course.  This led the early Progressives to reject the Declaration of Independence and its focus on individual liberty, and to oppose our Constitution's system of checks and balances designed to protect that liberty, because it made it harder for government to act.  It also means those on the Left play the long game, sometimes biding their time, sometimes accepting incremental progress toward their goals, and other times making radical changes when they see an opening.  Those of us who are animated by the principle of individual liberty recognize that liberty is the exception in human history and threats to liberty must be fought constantly or we risk losing it.  As such, we are impatient to correct every loss of liberty right away, as we should be.  However, in doing so, we must be very careful not to break down those very safeguards that are in place to prevent government encroachment on individual liberty.  If we are not careful, short term gains could lead to even greater loss of liberty in the future.

The President's former chief of staff was famous for saying "You never let a serious crisis go to waste. And what I mean by that it's an opportunity to do things you think you could not do before."  In other words, we've seen a concerted effort to take advantage of momentary passions and temporary majorities to enact longstanding policy goals of more governmental intervention in the economy and the lives of Americans.  Preventing such a power play is precisely the role the Senate was designed to play.  Just listen to this passage from Federalist Number 62, "The necessity of a senate is not less indicated by the propensity of all single and numerous assemblies to yield to the impulse of sudden and violent passions, and to be seduced by factious leaders into intemperate and pernicious resolutions."

That was written by James Madison, who is rightly called the Father of the Constitution.  Madison prepared extensively for the Constitutional Convention by studying ancient republics and ancient and contemporary political philosophers.  He came to the convention with what was called the Virginia Plan, which the convention used as the starting point for what became the U.S. Constitution.  Madison also took extensive notes throughout the Constitutional Convention.  In other words, when he speaks about the intent behind the structure of the Constitution, he ought to know better than anybody. 

 

It's true that Madison did not speak to the filibuster itself, and the Constitution leaves the rules of the House and the Senate up to each chamber, but you cannot read the Federalist Papers without a clear understanding that our system of government was intended to allow only measures that have broad and enduring support to become law.  The Constitution was not designed to allow whatever faction happens to be in power to have a free hand to do whatever it wishes. As Madison said in Federalist Number 10, "...measures are too often decided, not according to the rules of justice and the rights of the minor party, but by the superior force of an interested and overbearing majority."  In fact, in arguing for the necessity of the Senate in Federalist 63, Madison is quite critical of pure majoritarian democracies in ancient times and attributes their failure to the lack of a senate.

That said, I understand why some of my Republican colleagues in the House of Representatives are frustrated with the fact that many of the things they pass become stalled in the Senate.  So am I, and we need to make sure those obstructing are held accountable.  But, anyone who would change the Senate Rules to give the majority leader the power to ram any bill through the Senate on party line vote should ask whether they can trust that this power will be used fairly by future majority leaders.  Remember, the previous majority leader tried to shut the minority party out of the legislative process at every stage.  The Senate was routinely presented with bills, often written behind closed doors in the majority leader's office, and told there would only be an up or down vote, with no amendments.

Moreover, what would conservatives gain by abolishing the filibuster?  In the short run, we would have the emotional satisfaction of seeing President Obama have to use his veto pen, but that's about it.  In the long run, you can bet that modern day progressives will use those tools to impose all sorts of policies to expand the scope of government that would otherwise not make it through our constitutional system.  If you want to know what some of those "intemperate and pernicious resolutions" Madison warned about might be, we need only look to the past.  Had the Senate operated on a purely majoritarian basis in the past, our country would be in much worse shape than it is now.

 

For instance, if you think Obamacare is bad, we would have had a single payer, totally government run health care system if it weren't for the 60 vote requirement.  We would have the disastrous cap and trade bill in 2008 with its crony giveaways making special interests rich while destroying jobs for hardworking Americans.  The list of items that would have passed the Senate goes on and on: The 2007 Immigration Amnesty Bill, The DISCLOSE Act to intimidate private groups that engage in political speech in 2010, the abolition of secret ballot elections for unions in 2007, prohibitions on businesses replacing striking employees in 1992, a bill to encourage public safety employees to unionize in 2010, the 1992 Clinton crime bill, drug price negotiations in Medicare Part D that amount to federal price controls in 2007, an amendment to the Constitution to cancel First Amendment protections for speech around election time in 2014, stripping religious liberty protections from Christian business owners who object to paying for drugs that can cause an abortion in 2014, President Obama's second big-spending stimulus proposal in 2011, the so-called Buffett tax several times, a tax increase to pay local government employee salaries in 2011, and who knows how many other tax increases they would have passed if they knew they could get away with it.  And, of course as Senator Alexander has argued, one of the first things the Democratic Leadership would do is follow the orders of their union bosses and outlaw the many right to work laws in the United States.

 

I know well what it is like in the majority and the minority in the Senate and I know things look very different from each perspective.  I would ask my conservative colleagues who are frustrated that the current majority is not able to work its will to consider the example of history and look to the future.  It is also interesting to observe the behavior of the many Democrats who had never experienced the minority before who have now gained a new perspective on the filibuster by supporting it every chance they get.  And it didn't take long.  On the third vote the Senate took after the change in control, most of the Democrats, including some of the loudest critics of the filibuster, voted against cloture on a motion to proceed, which until that point they claimed to be an egregious and inappropriate abuse of Senate rules.

 

I know there are some Senate Democrats who still say they are opposed to the filibuster in principle, although apparently not in practice.  It's no good saying, "Stop me before I filibuster again."  If you think it's wrong, don't do it.  It's as simple as that.  When Senator Wyden and I began to work on ending the practice of secret holds, we pledged to disclose any hold we placed in the Congressional Record, and did so for years before any rule required us to.  The Senate Democrats have shown through their actions that they now fully support the Senate filibuster.  I guarantee that the next time Republicans are in the minority, we too will see the necessity of this traditional protection against what Madison referred to as "the superior force of an interested and overbearing majority." 

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Senate Passes Grassley Resolution Designating National Character Counts Week

WASHINGTON - The Senate this week passed a bipartisan resolution from Sen. Chuck Grassley and five colleagues designating the week of Oct. 18, 2015, "National Character Counts Week."  Character Counts! is an educational program available to help schools teach values and ethics to America's youth.

"Getting a well-rounded education involves more than learning to read, write and do arithmetic," Grassley said.  "Lessons learned at home and in the classroom also should help kids grow into responsible young adults and good citizens. I've visited schools where this program is working. That's why I served as a lead sponsor on legislation to designate National Character Counts Week."

The resolution describes the elements of strong character and calls on the American people to embrace the elements of character identified by local schools and communities and to observe the week with appropriate ceremonies, programs and activities.

The text of the resolution is available here.  More about the program is available at http://charactercounts.org/.

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Sen. Chuck Grassley of Iowa has a long history of making sure tax-exempt organizations fulfill their obligations under the tax law, beginning with his leadership of the Finance Committee with jurisdiction over taxes. In addition to his oversight, Grassley authored additional accountability measures for nonprofit hospitals that were enacted into law in 2010.  Since January, Grassley has been asking questions of a tax-exempt hospital in Missouri.   Mosaic Life Care was the subject of an investigative journalism report over suing low income patients to force them to pay their hospital bills, even when those patients reportedly were eligible for financial assistance and discounted treatment under federal tax laws.  According to the news reports, the hospital, in conjunction with its debt collection arm Northwest Financial Services, filed thousands of lawsuits to seek legal judgment against patients and garnish their wages rather than work with them on financial assistance.  After the news reports emerged, Mosaic said it was reviewing its billing policies.  Over the last several months, Grassley has continued to press the hospital to explain how it would revise its practices to fulfill its legal and ethical obligations to low income patients.  Now, the hospital is announcing a medical debt grace period, running for three months, to allow patients with an outstanding balance to apply for financial assistance, even if the hospital has subjected the patients to collection action and legal action. The hospital also has released a new financial assistance policy.  It said it is more widely publicizing the policy and making it easier for patients to apply for aid, among other positive changes.  Grassley made the following comment.

"The spirit and the letter of the law are pretty clear.  Tax-exempt hospitals are supposed to be in business to help low-income patients.  That means offering financial assistance and helping patients apply for it if they're eligible.  It means working with patients instead of suing them.  It does not mean intimidating patients who should have received financial assistance with aggressive collection practices.  After a long period of discussion and correspondence with my office, and media coverage, Mosaic Life Care appears to be taking the right steps.  This is welcome, but results are what ultimately matter.  I plan to continue to talk with the hospital and ask for data after the financial amnesty period is over to check on the results."

A news account detailing the new policies is available here.

For months, Sen. Chuck Grassley of Iowa has urged the Environmental Protection Agency (EPA) to revise and increase its proposed volume obligations for renewable biofuels under the Renewable Fuel Standard (RFS) for 2014, 2015 and 2016.  After hearing from Grassley and other senators, the EPA revised its initial proposal and released a proposed volume obligation that is a modest improvement over the prior proposal.  Still, the latest proposal underestimates the capacity for farmers and ethanol and biodiesel producers to generate enough renewable fuel to meet higher goals.  Grassley was among a bipartisan group of senators who today met with White House chief of staff Denis McDonough to discuss their concerns.  The EPA intends to finalize its proposal by Nov. 30.  Grassley made the following comment on the meeting.

"I hope the chief of staff who met with a large, bipartisan group of senators will take our concerns to heart and back to the EPA.  By hurting biofuels like ethanol and biodiesel, the EPA is hurting agriculture markets, rural economies, lower prices for consumers at the pump, reduced emissions, and national security through dependence on foreign oil.  The EPA needs to revise and improve the rule, and President Obama needs to make it a priority."

Video can be found here.

Introduction of the Sentencing Reform and Corrections Act of 2015

Today, I led a bipartisan group of senators to unveil the biggest criminal justice reform bill in a generation.

It's the product of thoughtful, bipartisan deliberation by Congress.

We brought together very different perspectives to create a bill that will make a big difference.

To highlight a few items --

First of all, we preserve the main mandatory minimums.

But, we lower and expand some of the enhanced minimums to make sure violent and repeat drug offenders stay in prison and out of our communities.

That will be a big help in cities across the country who face rising homicide rates from violent offenders who have been released from prison.

For the first time, we are cutting back many of the most severe mandatory minimums so that they apply more fairly.

We are also expanding the current safety valve and even creating a second safety valve so that offenders who have minor criminal histories or play minor roles in drug organizations are not swept up.

And we are bringing real reform to our prisons that gives low-risk inmates a chance to return to society earlier and with better prospects.

This landmark legislation is a positive step forward in addressing legitimate over-incarceration concerns while targeting violent criminals and major players in the drug trade.

I look forward to moving the bill through the Judiciary Committee and in the Senate.

Grassley Receives Conservative Excellence Award

WASHINGTON–Sen. Chuck Grassley of Iowa today received the American Conservative Union's 2014 Award for Conservative Excellence for his dedication to conservative principles that promote a free society.

"I'm honored to receive this award from such a well-respected group.  We must continue to stand for our nation's founding principles and work to uphold these values.  I intend to keep working toward this goal through my work in the United States Senate," Grassley said.

The American Conservative Union annually gives ratings to members of the U.S. House of Representatives and the U.S. Senate based on members' voting records on important issues facing the nation.  Grassley received a rating of 92 percent for 2014.

Photos of Grassley receiving the award from Chairman Matt Schlapp can be found here and here.

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Grassley: Good News for Knoxville Area Veterans

WASHINGTON–Sen. Chuck Grassley of Iowa today said that the Department of Veterans Affairs has awarded a lease contract for a Community Based Outpatient Clinic in Knoxville, Iowa.

The outpatient clinic will be located at 1607 Lincoln Ave. North in Knoxville.

"This is great news for veterans in Knoxville and the area and for the whole community.  Once the new outpatient clinic is up and running, it will remove the last obstacle preventing the VA from making important decisions about what to do with the rest of the old VA campus, which is currently sitting idle.  The VA has an obligation to fulfill its promises in Knoxville.  The lease award is a major step toward accomplishing that.  Next, the VA will need to work toward completing construction as soon as possible.  Veterans and the community members shouldn't have to wait any longer than they already have.  And the VA needs to work with the community on the best use for the old campus that meets the community's needs," Grassley said.

Grassley has worked to give veterans more health care options.  This summer, he sponsored legislation to give veterans more choice and flexibility in health care services.

Construction on the Knoxville outpatient clinic is anticipated to be completed in the spring of 2017, with doors opening to veterans following the summer of 2017.  The clinic will allow VA to provide timely access to primary care, audiology, podiatry, optometry, and mental health services.

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Senators Introduce Landmark Bipartisan Sentencing Reform and Corrections Act of 2015

 

WASHINGTON - A bipartisan group of senators led by Senate Judiciary Committee Chairman Chuck Grassley and Assistant Democratic Leader Dick Durbin today is introducing comprehensive legislation aimed at recalibrating prison sentences for certain drug offenders, targeting violent criminals, and granting judges greater discretion at sentencing for lower-level drug crimes. The package also seeks to curb recidivism by helping prisoners successfully re-enter society. The Sentencing Reform and Corrections Act of 2015 is also sponsored by Senators John Cornyn (R-Texas), Sheldon Whitehouse (D-R.I.), Mike Lee (R-Utah), Charles Schumer (D-N.Y.), Lindsey Graham (R-S.C.), Patrick Leahy (D-Vt.), and Cory Booker (D-N.J.).

"This historic reform bill addresses legitimate over-incarceration concerns while targeting violent criminals and masterminds in the drug trade.  It's the product of thoughtful bipartisan deliberation, and I thank my colleagues for their hard work to promote opportunities to reduce recidivism while protecting our communities from violent career criminals.  This bill is an important component in my ongoing effort as Judiciary Committee chairman to ensure access to justice for both the victims and the accused," Grassley said.

"This compromise represents more than three years of work on criminal justice reform.  The United States incarcerates more of its citizens than any other country on earth. Mandatory minimum sentences were once seen as a strong deterrent. In reality they have too often been unfair, fiscally irresponsible and a threat to public safety. Given tight budgets and overcrowded prison cells, our country must reform these outdated and ineffective laws that have cost American taxpayers billions of dollars. This bipartisan group is committed to getting this done," Durbin said.

"This legislation is modeled after successful Texas reforms that have rehabilitated prisoners, reduced crime rates, and saved taxpayer dollars. This bipartisan package will protect law enforcement's ability to aggressively target violent criminals and serious offenders, while focusing on justice, rehabilitation, and public safety. I look forward to working with this bipartisan coalition to move this bill through Congress and to the President's desk," Cornyn said.

"This bill marks an important step toward making our criminal justice system fairer by reducing overcrowded prison populations and giving prisoners the help they need to avoid committing future crimes. It also reflects a growing bipartisan recognition that we cannot incarcerate our way to safer communities, and that the current system too often pushes individuals into a cycle of recidivism that is hard to break. I thank Chairman Grassley for leading the long, thorough and collaborative process, respecting a wide range of views, that ultimately produced this bill, and I'm proud to support it," Whitehouse said.

"Since my time as a federal prosecutor, I have been concerned that federal sentencing laws too often require punishments that just don't fit the crime. These laws require many nonviolent offenders to spend years in prison, often with few opportunities for meaningful reform. Today's legislation addresses both of these problems by reducing mandatory minimums and by expanding opportunities for programs that have been proven to reduce recidivism. I am grateful for the close collaboration with senators from both parties that has made this important bill a reality today," Lee said.

"Crafting criminal justice reform in this Congress is like a Rubik's cube, but this group of Republicans and Democrats worked hard to come up with a fair and balanced package that will make a real difference. This bill would make much needed reforms to sentencing for non-violent offenders, resulting in a much fairer criminal justice system. I'm hopeful that we can continue moving the ball forward in a bipartisan way to make the reforms our system needs," Schumer said.

"We maintain the tools law enforcement needs to continue making sure that the worst drug traffickers and violent criminals stay off of our streets.  We also provide flexibility in sentencing for those offenders that deserve it.  I'm proud to support this important legislation," Graham said.

"The broad bipartisan nature of this bill marks a new chapter in criminal justice reform.  Although I wish this bill did more, it will impact thousands of lives and save millions of dollars.  And, critically, its changes are not just forward looking.  By applying many of these reforms retroactively, Congress is, for the first time, acknowledging that when we pass unfair laws, we have a moral responsibility to fix our mistakes.  Real people, like Weldon Angelos, are paying with decades of their lives. We must keep pushing and see that this bill is enacted," Leahy said.

"For decades, our broken criminal justice system has held our nation back from realizing its full potential. Today, we take a step forward. Mass incarceration has cost taxpayers billions of dollars, drained our economy, compromised public safety, hurt our children, and disproportionately affected communities of color while devaluing the very idea of justice in America. The Sentencing Reform and Corrections Act is a promising, bipartisan step forward to help right this wrong," Booker said.

The bill narrows the scope of mandatory minimum prison sentences to focus on the most serious drug offenders and violent criminals, while broadening and establishing new outlets for individuals with minimal non-felony criminal histories that may trigger mandatory minimum sentences under current law.  The bill also reduces certain mandatory minimums, providing judges with greater discretion when determining appropriate sentences, and preserves cooperation incentives to aid law enforcement in tracking down kingpins.

In addition to reducing prison terms for certain offenders through sentencing reform, qualifying inmates can earn reduced sentences through recidivism reduction programs outlined in the CORRECTIONS Act introduced by Cornyn and Whitehouse. The bill also makes retroactive the Fair Sentencing Act and certain statutory reforms that address inequities in drug sentences.

For more information on the Sentencing Reform and Corrections Act of 2015, see the following documents:

·         One-page bill summary

·         Section-by-section

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Grassley to Lead Bipartisan Criminal Justice Reform Effort

A bipartisan group of Senators will announce an agreement on a comprehensive criminal justice reform bill, tomorrow, Thursday, Oct. 1, at 10 a.m. (ET), 9 a.m. (CT) in the Senate Radio-TV Gallery.  The bill is a product of months of work and is aimed at recalibrating prison sentences for certain drug offenders, targeting violent criminals, granting judges greater discretion at sentencing for lower-level drug crimes, and helping prisoners successfully re-enter society and avoid re-offending.  Policy experts for the members will be available following the press conference to answer background questions about the bill.

WHO:                   Senator Chuck Grassley

Senator Dick Durbin

Senator John Cornyn

Senator Sheldon Whitehouse

Senator Mike Lee

Senator Lindsey Graham

Senator Patrick Leahy

Senator Chuck Schumer

Senator Cory Booker

WHAT:                 Press conference to announce the bipartisan Sentencing Reform and Corrections Act of 2015

WHEN:                 10 a.m. (ET), 9 a.m. (CT), Thursday, October 1, 2015

WHERE:               S-325, Senate Radio-TV Gallery

Streamed live on judiciary.senate.gov

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WASHINGTON - Senate Judiciary Committee Chairman Chuck Grassley is calling on the Department of Homeland Security to adopt a zero tolerance policy for employees who fuel the demand for human trafficking through the solicitation of prostitution. Grassley's request follows recent news reports that at least two Federal Air Marshals were under investigation by the Transportation Security Administration for recording encounters with prostitutes on government-issued cell phones.

In 2012, Department of Homeland Security and Justice Department watchdogs found that U.S. Secret Service employees paid for sex while in Colombia, which led to new agency guidance regarding the off-duty conduct of employees.  However, that guidance failed to explicitly ban the procurement of commercial sex.  Both the U.S. Secret Service and the Transportation Security Administration operate within Department of Homeland Security.

In a letter to Homeland Security Secretary Jeh Johnson, Grassley noted the State Department and Justice Department positions that the purchase of sex increases the demand for human trafficking and sex slavery.  Grassley called on Johnson to establish a zero tolerance policy for employees who purchase, procure or accept commercial sex.

Grassley sent similar letters to the State Department and Justice Department following allegations of misconduct by diplomats and federal law enforcement employees.

Text of Grassley's letter to the Department of Homeland Security

WASHINGTON - A bicameral group of lawmakers is questioning the constitutionality of the Department of Commerce's plans to transition critical Internet infrastructure systems away from U.S. government stewardship and oversight.  In a letter to the Government Accountability Office (GAO), Senate Judiciary Committee Chairman Chuck Grassley, House Judiciary Committee Chairman Bob Goodlatte, Senator Ted Cruz and Representative Darrell Issa asked whether the plan would result in the transfer of government property, which could violate Article IV, Section 3 of the Constitution.

At issue are key components of the Internet's infrastructure, collectively known as the Internet Assigned Numbers Authority (IANA) functions, which enable the efficient operation of the Internet. Included is the management of the root zone file, which was developed by taxpayer-funded Department of Defense researchers, and which remains designated as a "national IT asset" by the U.S. government. Article IV, Section 3 of the Constitution grants Congress the sole authority to transfer government property. If this file?or other government-developed components of the Internet?are determined to be the property of the government, then transferring their control to a nongovernmental entity without congressional consent, as the Department of Commerce has proposed, may violate the Constitution.

The Commerce Department's contracts with the organizations that administer Internet name and address system policies explicitly state that the root zone file is "the property of the U.S. government," and changes cannot be made to the file without government approval.  Congress has also passed legislation blocking federal funding for efforts to relinquish stewardship of the domain name system, including the root zone file.

To ensure that Congress is informed of any government property that may be transferred without its approval, the lawmakers asked GAO to study the government property implications of the Department of Commerce's proposal. They also asked GAO to determine whether the agency has the legal authority to conduct such a transfer to a nongovernmental entity without congressional approval.

Text of the letter

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