WASHINGTON - Sen. Chuck Grassley is asking the Department of Education secretary to provide details of any policies governing how department employees should handle contact with private investors seeking to profit from non-public agency information.  Grassley's inquiry comes after revelations of contact between investors tracking federal regulations affecting for-profit colleges and high-level Department of Education employees.

"Certain investors contact government agencies to try to gain any advantage they can over other investors," Grassley said.  "Since that's inevitable, the question is how federal employees respond.  Do federal employees give out information that short sellers can use to make money?  Are the employees influenced in their rule-making by investors who don't disclose their financial interests?  The Department of Education should account for how it handled investor contacts leading up to the regulations affecting for-profit colleges and going forward.  An accounting is necessary to establish confidence in the integrity of government management."

Government watchdog groups have obtained documents through the Freedom of Information Act that show contacts between Department of Education employees and short sellers who make money by betting against certain stocks, including a known short seller who publicly criticized the for-profit education industry.  The Department of Education inspector general reportedly is conducting an investigation of the propriety of the department's conduct.

In a letter today, Grassley asked the Department of Education secretary whether the department has any policies for employee contact with financial speculators looking for non-public information to profit in the securities markets.  The text of Grassley's letter is available here.

-30-

Prepared Statement of Ranking Member Chuck Grassley  

Senate Committee on the Judiciary  

Subcommittee on Immigration, Refugees and Border Security  

"The Economic Imperative for Enacting Immigration Reform"  

Tuesday, July 26, 2011    

For years, our country has struggled to find a way forward on immigration reform.  Since the debate reached its peak in 2007, our economy has experienced turmoil comparable to the Great Depression.  Americans are out of work, families are being foreclosed on, and businesses are suffering.  I agree we must do all we can to improve our economic situation.  However, I have concerns with the notion that increasing immigration levels and enacting legalization programs is the answer to the current economic downturn.  

We know it's unlikely that this Administration will push immigration reform in the next year and half.  However, it's my firm belief that we can find agreement on reforms for high skilled workers - and this hearing is a good first step in starting the discussion. 

I've spent a lot of time and effort into rooting out fraud and abuse in our visa programs, specifically the H-1B and L visa programs.  I have always said these programs can and should serve as a benefit to our country, our economy and our U.S. employers.   However, it is clear they are not working as intended, and the programs are having a detrimental effect on American workers.  Thankfully, the H-1B visa program has an annual cap as a stop-gap measure. But frankly, we need to act immediately to enact true reforms.  For this reason, and for many years, Senator Durbin and I have worked on legislation to close the loopholes in the programs.  Our legislation would ensure that American workers are afforded the first chance to obtain the available high paying and high skilled jobs.  We have worked together to make sure visa holders know their rights.  We have worked to increase oversight by the executive branch and have advocated for the Departments of Labor and Homeland Security to implement tighter controls.  The bill we have written would strengthen the wage requirements, ridding the incentives for companies to hire cheap, foreign labor.  Our bill would require companies to attest that they have tried to hire an American before they hire a foreign worker.  

The attention that Senator Durbin, I and others have put on H-1B visas has had an impact.  Our efforts have increased scrutiny and have forced bad actors to find other ways to enter, live and work in the United States under false pretenses.   The increased oversight of the H-1B program, for example, has caused businesses to "think creatively" to get around the program, using both the L and B-1 visa to bypass the requirements and protections under the H-1B visa program.  

On February 23, 2010, an employee of Infosys filed a complaint alleging that his employer was "sending lower level and unskilled foreigners to the United States to work in full-time positions at Infoysys' customer sites in direct violation of immigration laws."  The complaint further states "Infosys was paying these employees in India for full-time work in the United States without withholding federal or state income taxes."  Infosys, one of the top ten H-1B petitioning companies, has worked to "creatively" get around the H-1B program by using the B-1 business visitor visa in order to bring in low-skilled and low-wage workers.  However, B-1 visa holders are not able to receive salary or income from a U.S. based company and thus, Infosys is being accused of visa fraud. That plaintiff, Jay Palmer, has written a statement to be placed into the record.  The courts will decide if the activities of Infosys were illegal.  But I can definitely say that their actions don't comport with the spirit of the law.  

In addition to using the B-1 visa to get around the H-1B, companies are looking at ways to increase their use of the L intercompany transfer visa.  The L visa program has no annual cap.  It does not hold employers to wage requirements.  It provides flexibility and allows businesses to bypass the red tape that comes with other work programs.  On March 29, 2011, I wrote to the Acting Inspector General at the Department of Homeland Security with my concerns on the L intracompany transferee visa program and requested the office investigate the fraud and abuse.  The last review of the program was completed over five and a half years ago with recommendations that have yet to be implemented.  Serious loopholes continue to exist and be exploited to the detriment of the system. 

That brings me to another program that is undermining American workers, and one that gets very little attention from bureaucrats and investigators.  The Optional Practical Training - known as OPT - is a program that was created entirely through regulation.  There's nothing in the Immigration and Nationality Act that allows the executive branch to run the OPT program.   

But, it's high time that we start taking a closer look at the impact this program has on American students and workers.  Originally, OPT was created to give foreign students the ability to further their knowledge before returning to their home country.  However, today it is being used as a bridge to an employment visa or other immigration status.  Students are allowed to work in any field for an extra 12 to 29 months.  There is no limit on how many can apply for OPT, and more importantly, it is the schools and universities that principally administers the program.  There are very few checks and balances when it comes to the schools and employers.  The Department of Homeland Security may not even know where the student is being employed, creating a substantial national security risk.  More scrutiny must be placed on this program.  This past January, Senator Durbin and I wrote to Secretary Napolitano in regards to this, and other immigration issues.  The Secretary in response provided figures which were quite surprising.  U.S. Citizenship and Immigration Services approved 95,259 OPT petitions in fiscal year 2010 alone.  She did not, however, give any reassurances that the Department would add any safeguards nor will they commit in this economy to reduce the amount of time these foreign students are working in the U.S.  I will continue to press the Department for this much needed reform to protect American students and workers.    

Finally, I'd like to address the idea being pushed by many immigration advocates and some members in the House of Representatives.  As part of the solution to America's immigration problem, some policy makers have proposed the idea of giving immigrants a green card upon graduation.  In their opinion, this would prevent the loss of all the resources put into these students if they are forced to return home.  While it is important to keep the best and the brightest, getting a degree from a U.S. institution should not equate to a fast track to citizenship for all.  Should this happen, the demand for enrollment in U.S. universities by international students would only increase and further erode the opportunities for American students.  

America should continue to be the land of opportunity for those who wish to seek it.  We have a rich history of multiculturalism which has helped us become the strong, proud country we are today.  Our excellent system of higher education boasts many of the best scholars and researchers in their fields.  This system is one of our best resources and should be made available to all American students.  For more and more students, this resource is often not available to them.  As the amount of international students continues to rise, access to this precious resource for American students is lost.  Attaching a green card to each international student's diploma would only accelerate this process and crowd more and more American students out of a chance to achieve their dreams.      

I will continue to push for more reforms in our immigration system to ensure Americans are the number one priority and are not displaced.  I thank the Chairman and Ranking Member for their courtesies in scheduling this hearing and I look forward to the testimony from our panels of witnesses.    

 

-30-

Issa, Grassley release staff report focusing on impact of Operation Fast and Furious on Mexico

WASHINGTON - Findings in a second staff report released by Representative Darrell Issa and Senator Chuck Grassley show that ATF officials based in the United States Embassy in Mexico City were increasingly worried about the alarming rate of guns found in violent crimes in Mexico from a single ATF operation based out of the ATF's Phoenix Field Division.   Issa is Chairman of the House Oversight and Government Reform Committee and Grassley is Ranking Member of the Senate Judiciary Committee.

"The consequences of arming Mexican drug cartels seem obvious.  But even guns turning up at crime scenes in Mexico wasn't enough for Justice Department officials to arrest straw purchasers and shut down their trafficking operations.  Tragically, it wasn't until Fast and Furious guns were found at the murder scene of a Border Patrol Agent that Justice officials finally ended this reckless and arrogant effort," said Issa.

"It's incomprehensible that officials at the Justice Department, the ATF and the U.S. attorney's office would keep their counterparts at the U.S. Embassy in Mexico City in the dark about Operation Fast and Furious.  Keeping key details secret while straw purchasers continued buying weapons for gun traffickers jeopardized our relationship with our southern ally and put lives at risk," Grassley said.

The report released today outlines several important findings, including:

  • There was little to no information sharing from the Phoenix Field Division, ATF Headquarters and the Justice Department to their colleagues in Mexico City.  Every time Mexico City officials asked about the mysterious investigation, their U.S. based ATF counterparts in Phoenix and Washington, D.C. continued to say they were "working on it" and "everything was under control."
  • Lanny Breuer, the Assistant Attorney General for the Criminal Division at the Justice Department, was clearly aware of Operation Fast and Furious and touted the case during a visit to Mexico.
  • ATF officials in Mexico City were incredulous that their agency would knowingly allow guns to fall into the hands of Mexican drug cartels, and they were incensed when they finally began to learn the full scope of Operation Fast and Furious and the investigative techniques used.

Issa and Grassley are leading a congressional inquiry into the ill-advised strategy known as Operation Fast and Furious. 

A copy of the report can be found here.

-30-

Following is Senator Grassley's schedule this week in Washington, D.C.  The Senate is in session.   

  • Grassley will meet in Washington with Iowans from the American Trucking Association, the Appraisal Institute, Boys Nation/Girls Nation, the Institute of Scrap Recycling Industries, the Iowa FFA, the Iowa Turkey Federation, Land O'Lakes, Missouri River Emergency Services, the Presidential Academy for the Teaching of American History and Civics, and the Professional Landcare Network.

Grassley will also meet with Iowans from Ankeny, Des Moines, Dike, Grimes, Grinnell, Indianola, Lawton, Marion, Mason City, North Liberty, Polk City, Robins, Van Meter, and West Des Moines.

Grassley will meet with a young Iowan from Gladbrook who is interning for the State Department's Diplomatic Security Service.  Grassley will also meet with Luther College students.

  • On Tuesday, July 26, at 9:00 a.m. (CT), Grassley will attend a Judiciary Subcommittee on Immigration hearing entitled "The Economic Imperative for Enacting Immigration Reform."  Grassley will discuss the impact that fraud and abuse in the H-1B and L-1 visa programs have on Americans seeking employment.
  • On Wednesday, July 27, at 9:00 a.m. (CT), Grassley will attend a Judiciary Committee hearing entitled, "Fulfilling our Treaty Obligations and Protecting Americans Abroad."
  • On Wednesday, July 27, at 9:00 a.m. (CT), there is a Finance Committee hearing entitled, "CEO Perspectives on How the Tax Code Affects Hiring, Businesses and Economic Growth." 
  • On Thursday, July 28, at 9:00 a.m. (CT), Grassley will attend a Judiciary Committee executive business meeting.  Grassley's legislation to ban the chemicals used to make K2, permanently and nationwide, is expected to be considered.  The legislation is called the David Mitchell Rozga Act, named after a young Iowan who lost his life last summer after using K2 purchased at a shopping mall in Des Moines.
  • On Thursday, July 28, at 9:00 a.m. (CT), there is a Finance Committee hearing on the nominations of: Janice Eberly, of Washington, DC, to be Assistant Secretary of Treasury; and Juan F. Vasquez, of Texas, to be Judge of the United States Tax Court for a term of fifteen years.
  • On Thursday, July 28, at 1:15 p.m. (CT), Grassley will meet with Gen. McMahon of the Army Corps of Engineers Northwestern Division to continue discussing the Missouri River floods and ways to improve the Missouri River Master Manual.

-30-

Sen. Chuck Grassley of Iowa today made the following comment on the Internal Revenue Service's announcement that it has eliminated the two-year limit for filing innocent spouse claims.  The innocent spouse provision helps to protect the spouses of tax evaders who didn't join in or didn't know about the tax cheating.  Grassley is a senior member and former ranking member and chairman of the Finance Committee, with jurisdiction over tax policy.  Grassley was a member of the National Commission on Restructuring the IRS, which laid the groundwork for the IRS Restructuring and Reform Act of 1998.

 

"Those of us behind the IRS overhaul enacted in 1998 never intended to put a deadline on innocent spouses.  We were trying to help innocent spouses as a matter of fairness.  These taxpayers never should have been put in the position they were put in by the IRS.  It's very good news that the agency has seen the light regarding congressional intent and innocent spouses deserving relief."

Friday, July 22, 2011

For your information, a copy of the letter sent today from the U.S. Center for Medicare and Medicaid Services to the Iowa Insurance Commissioner is attached.

As described in the letter, the federal government has approved Iowa's request for a waiver from the medical loss ratio requirements of the Affordable Care Act of 2010.

The new health care law basically requires states to change the requirement of plans in their states to spend more money on care and less on administration and reserves.  As a practical matter, it could run small carriers out of the state.  The potential market disruption has led a number of states to seek waivers of the medical loss ratio requirement until 2014.  Maine and New Hampshire already have waivers.  Today North Dakota was turned down.  Kentucky was effectively turned down, as well.  Iowa was partially approved.

Here is a comment from Sen. Grassley:

"The purpose of this waiver is to allow Iowa to have different medical loss ratios for insurers than would have been required under the health care overhaul enacted last year.  Without this waiver, because of the mandates in the new law, insurers likely would have left the state, leaving Iowans with fewer health coverage options.  The need for this kind of waiver emphasizes that it should be up to states to regulate their insurance markets.  The 2010 health care needs to be repealed and replaced with policies that allow coverage that fits the needs of different marketplaces."

Here is a fact sheet from the Centers for Medicare and Medicaid Services:

Medical Loss Ratio: Getting Your Money's Worth on Health Insurance

 Thanks to the Affordable Care Act, consumers will receive more value for their premium dollars because insurance companies are required to spend 80-to-85% of premium dollars on medical care and health care quality improvement, rather than on overhead costs. If they don't, the insurance companies will be required to provide a rebate to their customers starting in 2012. This policy is known as the "medical loss ratio" (MLR) provision of the Affordable Care Act.

Medical loss ratios apply to all health insurance plans, including job-based coverage and coverage sold in the individual market. However, insurance plans in the individual market often spend a larger percent of premiums on administrative expenses and non-health related costs than job-based health plans do.

Recognizing the variation in local insurance markets, the Affordable Care Act allows States to request a temporary adjustment in the MLR ratio for up to three years, to avoid disruptions to coverage in the individual market. This flexibility allows consumers to maintain the choices currently available to them in their State while transitioning to a new marketplace where they will have more options for coverage and more affordable health insurance through State-based Health Insurance Exchanges. This is one of many ways the Affordable Care Act is building a bridge from today's often disjointed and dysfunctional markets to a better health care system.

HHS has set up a transparent process for how States can apply for an MLR adjustment and what criteria will be used to determine whether to grant those requests. States must provide information to the Department of Health and Human Services (HHS) showing that requiring insurers in their individual market to spend at least 80 percent of their premiums on medical care and quality improvement may cause one or more insurers to leave the market, reducing access to coverage for consumers. States must also show the number of consumers likely to be affected if an adjustment is not granted and the potential impact on premiums charged, benefits provided, and enrollee cost-sharing. All State application materials are posted on the HHS website.

The Iowa MLR Adjustment

Iowa's Department of Insurance requested an adjustment of the 80 percent MLR to a 60% MLR standard for 2011, 70% for 2012, and 75% for 2013. 

Three of Iowa's dominant issuers, Wellmark, Time and American Family -with 88% of Iowa's individual market share- are not expected to be impacted by the 80% MLR standard.  Wellmark and American Family both had a 2010 MLR of well above 80% and while Time had a 2010 MLR below 80%, it does not expect to owe rebates in 2011 or beyond.  Enrollees in these plans will not be affected by the new 80% MLR standard.

However, the remaining three smaller issuers that would owe rebates in 2011, Golden Rule, Coventry, and American Republic - comprising 5.4% of the market share - have MLRs of 48% to 68%.  These three smaller issuers also reported relatively high commissions, validating Iowa's concern that they may have difficulty adjusting their business models to meet an 80% standard as a result of being locked into binding multi-year agent commission and provider contracts.  Some or all of these three issuers could be impacted by meeting an 80% standard and could withdraw from the market, potentially leaving roughly 15,000 enrollees without coverage.

At the same time, the information provided in Iowa's application makes it clear that issuers can meet a higher MLR than it requested for 2011, 2012 and 2013.

Of the six issuers expected to owe rebates in 2011, five have MLRs above Iowa's requested 2011 adjustment to 60%, and three of those 5 have MLRs above 67%.

Iowa has an additional 13 issuers that cover between 300 and 1,000 lives each, and thus are not expected to owe rebates in 2011, but may become subject to rebate provisions in 2013 even if they do not grow their business.[1]  However, nine have MLRs above 75%, which is well above Iowa's requested 60% for 2011 and 70% for 2012.

For these reasons, Iowa is granted an alternative adjustment of 67% for 2011, 75% for 2012, and 80% thereafter.  This approach creates a glide path for compliance with the 80 percent standard and balances the interests of consumers, the State and the issuers in accordance with the principles underlying the MLR provision

WASHINGTON - The U.S. Senate this afternoon passed legislation sponsored by Senator Chuck Grassley of Iowa, Senator Joe Lieberman of Connecticut and Senator Susan Collins of Maine to require federal agencies to put new safeguards and controls on government charge cards used by federal employees.  The bill also would require penalties for violations.

The Government Charge Card Abuse Prevention Act, S.300, was approved in April by the Homeland Security and Governmental Affairs Committee.  Lieberman is the Committee Chairman, and Collins serves as Ranking Member.

"This bill is about accountability," Grassley said.  "The public trust has been violated by abusive use of government charge cards.  The federal bureaucracy needs to improve the way it manages the use of these cards."

"This legislation would impose common sense controls on the users of government charge cards, which allow federal workers to purchase goods and travel in a timely and cost-efficient manner. In any economy, but especially the one we are now in, there is no room for waste, much less fraud or abuse. These safeguards will make all users of federal charge cards accountable for their use," Lieberman said.

"This bill would require agencies to ensure that purchase and travel cards are used only for approved spending to take action for misuse of cards.  While purchase and travel cards have been important tools in meeting the government's procurement needs in a timely and cost-efficient manner, their use often has been subject to some malfeasance and inappropriate purchases by individual card holders.  American taxpayers get the bill for these federal credit cards and they deserve complete assurance that their money is going to legitimate business purposes," Collins said.

The senators' effort to codify new controls and penalties responds to outrageous accounts of purchases made with government charge cards, as well as independent analysis which found inadequate and inconsistent controls within government agencies.  At issue are purchase cards, which are used by authorized federal employees for small-scale items needed for official business, such as office supplies, as well as travel cards, which are issued to federal employees to pay for official travel expenses.  When purchase cards are misused, taxpayer money is wasted.  When travel cards are misused and the bills aren't paid, the government risks losing millions of dollars in rebates.

Grassley has put the spotlight on problematic use of these cards for the last decade, first at the Department of Defense and then also at the Department of Housing and Urban Development, the U.S. Forest Service, the Federal Aviation Administration, and elsewhere.

Over the years, the nonpartisan Government Accountability Office has documented fraudulent, questionable and overly expensive purchases made by federal workers with government purchase and travel cards, including kitchen appliances, jewelry, gambling, cruises, and even the tab at gentlemen's clubs and legalized brothels.

Below is a summary of the reform legislation.  The Senate previously passed the measure, in 2009, but it was never taken up by the House of Representatives.

Summary of the Government Charge Card Abuse Prevention Act  

The bill would require all federal agencies to establish certain safeguards and internal controls for government charge card programs, and to establish penalties for violations, including dismissal when circumstances warrant.  The bill would also increase oversight by providing that each agency Inspector General periodically conduct risk assessments and audits to identify fraud and improper use of government charge cards. These reforms are based on the experience of Senator Grassley and other members of Congress, the GAO, and agency Inspectors General in investigating the weaknesses in agency policies and procedures that have lead to instances of waste, fraud, and abuse in government charge card programs.  

The required safeguards and internal controls include :  

  •  ·          performing credit checks for travel card holders and issuing restricted cards for those with poor or no credit to reduce the potential for misuse  
  •  ·          maintaining a record of each cardholder, including single transaction limits and total transaction limits so agencies can effectively manage their cardholders  
  •  ·          implementing periodic reviews to determine if cardholders have a need for a card  
  •  ·          properly recording rebates to the government based on prompt payment, sales volume, etc.  
  •  ·          providing training for cardholders and managers  
  •  ·          utilizing effective systems, techniques, and technologies to prevent or catch fraudulent purchases  
  •  ·          establishing specific policies about the number of cards to be issued, the credit limits for certain categories of cardholders, and categories of employees eligible to be issued cards  
  •  ·          invalidating cards when employees leave the agency or transfer  
  •  ·         establishing an approving official other than the purchase card holder so employees cannot approve their own purchases
  • ·         reconciling purchase card charges on the bill with receipts and supporting documentation
  • ·         reconciling disputed purchase card charges and discrepancies with the bank according to the proper procedure
  • ·         making purchase card payments promptly to avoid interest penalties
  • ·         retaining records of purchase card transactions in accordance with standard government record keeping polices
  • ·         utilizing direct payments to the bank when reimbursing employees for travel card purchases to ensure that travel card bills get paid
  • ·         comparing items submitted on travel vouchers with items already paid for with centrally billed accounts to avoid reimbursing employees for items already paid for by the agency
  • ·         submitting refund requests for unused airline tickets so the taxpayers don't pay for tickets that were not used
  • ·         disputing unauthorized charges and tracking the status of disputed charges to proper resolution

-30-

Getting the U.S. economy back on track can be achieved by unleashing America's "vibrant entrepreneurialism," according to the President.  Taking him at his word, I agree the United States' free enterprise system has been "the greatest force for prosperity the world has ever known."

Yet, for the last two years, joblessness and deficits have climbed under the flawed theory that taking money away from the private sector grows jobs and creates wealth.  In 2009, the White House threw taxpayers under the bus with a failed effort to spend tax dollars and boost the U.S. economy.  The government stimulus package added hundreds of billions to the taxpayer's tab for what the President called shovel-ready projects that would save and create jobs and keep the unemployment rate below eight percent.  Yet, today, nine-percent unemployment persists.  And, an irresponsible pattern of reckless spending and excess has put the full faith and credit of the United States on the line.

Washington cannot borrow-and-spend our way to prosperity.  It creates a chilling effect on the free enterprise system.  Like a magician pulling a rabbit from a hat, it makes an illusion.  The trouble is, the other hand is reaching for your wallet because government doesn't create wealth.  It only consumes wealth.  In the real world, we can't out-innovate, out-educate and out-build the rest of the world if we are drowning in debt.  When the federal government borrows money, it siphons money out of the economy, crowding out affordable capital for start-ups and increasing the future burden on taxpayers.

That's why it's so important to cut back on government spending, keep Washington living within its means and let the American people create, earn and enjoy their prosperity.  Just after the new year began, and with a lot of fanfare, the President ordered a top-to-bottom regulatory review.  He ordered every federal agency to examine the red tape that chokes job growth and stifles risk-takers.  Just imagine if red tape were keeping the next American success story from launching a business, finding a cure or inventing the next-generation biofuel.  Revenue-hungry policymakers need to appreciate that burdensome regulations shrink the economic pie, stunt job creation and harm U.S. competitiveness.  Clearing the way for individuals and businesses to succeed and thrive will expand the economic pie and help Uncle Sam pay down the debt and pay the nation's bills.

The President's executive order sure sounded like a refreshing change.  But six months later, scant progress seems to have been made to remove outdated regulations that make our economy less competitive.  In fact, right after the President's order, officials at the Environmental Protection Agency were quoted in news stories stating that they were confident that none of the current or pending rules would need to be modified. 

The attitude of the EPA makes it difficult to believe in the administration's ability to strike the proper balance between protecting public health and safety and protecting small business owners, farmers and entrepreneurs from burdensome regulations and paperwork.  For years I've been fighting the EPA's proposed rule that would apply absurd federal regulations on the amount of field dust kicked up by a farmer's combine during the busy harvest season.  The cost and inconvenience to a farmer to comply with such a ridiculous regulatory burden - not to mention the potential for a neighbor's lawsuit, should "coarse particulate matter" blow across the property line - is inconceivable.  What's next?  Malpractice insurance for farmers to protect against the risk of dust floating through the countryside during harvest?

Iowans can be sure I will continue to try and knock some common sense into the EPA.  It is possible.  After an outcry, the EPA in April exempted dairy farmers from complying with a federal rule aimed at preventing oil from spilling into U.S. waterways.  Sounds puzzling because it was a real head-scratcher.  The EPA rule originally included milk containers under the "Oil Spill Prevention, Control and Countermeasure Rule."

Simplifying restrictive regulations would help refuel the U.S. economy without adding to the national debt.  Thousands of rules infiltrate every nook and cranny of American life and commerce.  Injecting common sense into the regulatory process can help wipe out job-killing rules that are preventing the U.S. economy from finding the on ramp.

During the economic downturn, the Obama administration has issued hundreds of new rules that add even more uncertainty to job creators in the private sector with thousands more still in the pipeline to implement overhauls of the U.S. health care and financial systems.

Let's hope the President makes good on his call for a regulatory system that strikes a better balance between protecting the public good and promoting America's prosperity.

Friday, July 22, 2011

Q:        What role does the federal government have in making sure parents meet child support obligations? 

A:        The states enforce child support laws.  Since 1975, the federal government has provided funds directly to states to supplement their enforcement efforts and, more recently, to help protect relationships with non-custodial parents.  State family courts determine the amount of child support that noncustodial parents must pay and visitation rights.  Collecting child support can be a problematic and lengthy process.  In fiscal 2010, only 62 percent of child support obligations were collected.  Some noncustodial parents encounter difficulty in exercising their visitation rights.  That's not right, and I want to make sure these court-determined parental rights are honored.

Because federal tax dollars are involved in enforcement and uncollected child support can lead to more people relying on federal welfare benefits, I've introduced bipartisan legislation that would give states support and flexibility to help make sure custodial parents receive court-ordered payments.  The bill I sponsored with Senator Robert Menendez of New Jersey also would help to make sure that noncustodial parents retain court-approved access to their children.  This bill does not change the court processes or decisions in determining who owes what but simply provides additional tools for states to recover money that family courts have already determined is owed.  Budgets are tight for individuals, families, states and the federal government.  Receipt of child support payments can help families remain independent and off government assistance. 

Q:        How does your bill - the Strengthen and Vitalize Enforcement, or SAVE, Child Support Act - help states ensure that custodial parents receive support payments and noncustodial parents retain access to their children? 

A:        Our bill gives states access to a child support lien registry so that liens placed against property because of overdue child support can be easily found regardless of state residency.  It strengthens the procedures by which passports and certain licenses and permits can be revoked by requiring greater coordination between child support agencies and license-issuing agencies, and it stipulates that a passport can be restored only after complete repayment of arrears.  The bill also makes it easier for states to intercept payments made to individuals in order to satisfy child support orders by requiring automated data matches with state child support agencies.  And, it encourages state child support agencies to coordinate with state correction agencies to assist individuals with a support order to manage and fulfill their obligations. 

This bill cuts down on the deceptive and harassing collection practices that some noncustodial parents have endured by making private child support collection companies subject to regulation and enforcement by the Federal Trade Commission.  And, it would help noncustodial parents exercise their court-approved visitation rights by requiring state child support agencies to report information to the Secretary of Health and Human Services on how the state's child support enforcement plan facilitates access to and visitation of children by noncustodial parents.

Q:        Why is this bill necessary?

A:        There is a backlog of more than $100 billion in owed child support.  Without the support of the noncustodial parent, many children will enter poverty or become dependent on state and federal government assistance.  Passage of the SAVE Child Support Act could help many families stay independent, thereby saving the taxpayers money.  During this time of record debt and deficits, we can protect scarce federal resources by helping to make sure parents are meeting their court-mandated obligations.

Friday, July 22, 2011

Mr. President, on August 2nd, our nation will be unable to borrow money to meet our current obligations.  We've known for a while that this time was coming.  Our annual deficits have been near $1.5 trillion for the past two years, and will be that large this year.  With deficits of that size, no one should be surprised that we've hit the debt ceiling. 

Which raises the question:  What has the President offered to confront this looming crisis?  What has the Senate Democratic Majority done to address our deficit crisis?  Well, the answer is simple.  Not much.  Last year, President Obama virtually ignored his own deficit-reduction commission.  This year, he offered a budget for 2012 that would increase spending, increase taxes and add trillions to our debt.  His budget was so ill-conceived and out of touch that it was defeated here in the Senate by a vote of 97-0.  Not a single Senator voted for President Obama's budget.  Every member of the President's party said no to his budget.

For most of this year, President Obama said we should raise the debt ceiling without taking any measures to address our long-term deficits and debt.  It was the position of this administration that Congress should simply rubber stamp another debt ceiling hike with no plan in place to reduce our deficits.  That plan was voted on in the House and was soundly rejected.  All Republicans and nearly half of the Democrats in the House voted against increasing the debt ceiling without deficit reduction.

The President then gave a budget speech in April.  I presume he recognized the inadequacy of his budget proposal.   He outlined a budget framework that would reduce budget deficits by $4 trillion over 12 years. But he still hasn't presented an actual budget to go with it.  The Director of the Congressional Budget Office, Mr. Elmendorf, was asked if he could estimate the budget impact of this new framework.  The CBO director state clearly, "We don't estimate speeches.  We need much more specificity than was provided in that speech for us to do our analysis."

We've heard a lot from the White House about the need to come up with a plan, but the White House itself has never offered a single debt-ceiling proposal for a vote.  And the Senate Democratic Leadership has also seriously shirked its responsibility.  They haven't put forward a budget for more than 800 days.  Every family in America that works hard and sacrifices to pay their bills ought to be ashamed at the failure of the U.S. Senate to offer a budget.

In sharp contrast, members of the House fulfilled their responsibility and passed a budget earlier this year.  The Democrats have done nothing with it but demagogue it.  While they can't find time to compile their own budget, they've sure found time to make speeches about the House budget.  While members on the other side come to the floor to oppose and demagogue the Cut, Cap and Balance plan, they've offered no plan of their own.  While there is now a framework from the so-called gang of six, their plan also lacks any specificity.

Perhaps that's the political strategy the other side has chosen.  Voters and the American people can't be upset with a position you've taken if you haven't taken any.  This strategy may be politically expedient, but it will drive our economy and our country off a cliff.  The strategy of placing a higher priority on the next election rather than the economic and fiscal situation facing our county is how we got in this mess. 

Based on the lack of proposals put forth by the other side, one could assume that they're perfectly content borrowing 40 cents for every dollar we spend.  Are they pleased with deficits of $1.5 trillion annually?  They must be, because they haven't offered a plan to reduce these deficits.

On top of that, they have argued for tax increases.  They must believe we have a revenue problem.  According to their arguments, the American people are not handing over enough of their money to satisfy the needs of Washington to spend.  The reason the economy isn't growing and jobs aren't being created is because Washington isn't spending enough money.  Remember, just two years ago they passed the $800 billion so-called stimulus as a means to keep unemployment below 8 percent.  So, we borrowed the money and spent it on government programs. 

And where is the U.S. economy today?  Unemployment is at 9.2 percent.  More than 14 million Americans are out of work.  And now the national debt is more than $14.3 trillion.  This experiment proved that government spending does not stimulate private sector job growth.  Government doesn't create wealth.  Government consumes wealth.  The only jobs created by the government are government jobs. They don't add value to the economy; they are a cost to the economy.

The fact is, we're in this hole today because of our spending problem.  Historically, spending has averaged about 20 percent of our gross domestic product.  Today, and in recent years, spending has been near 25 percent of gross domestic product.  This level of spending cannot be sustained, particularly when revenue has historically been around 18 percent of gross domestic product.

For my colleagues who think we can reduce deficits by increasing taxes, you need to understand that it doesn't work.  Professor Vedder of Ohio University has studied tax increases and spending for more than two decades.  In the late 1980s, he co-authored, with Lowell Galloway also of Ohio University, a research paper for the congressional Joint Economic Committee that found that every new dollar of new taxes led to more than one dollar of new spending by Congress.  Professor Vedder has now updated his study.  Specifically, he found that "Over the entire post World War II era through 2009, each dollar of new tax revenue was associated with $1.17 in new spending."

History proves tax increases result in spending increases.  We know that increasing taxes is not going to reduce the deficit.  Instead of going to the bottom line, tax increases are a license for Washington to spend even more.

History also shows that tax increases don't increase revenues.  Everybody thinks that if you raise the marginal tax rates, you will bring in more revenue. But the taxpayers, workers, and investors of this country are smarter than we are.  Regardless of the rate, over the past 40 years, revenue has averaged about 18 percent of gross domestic product.  Higher tax rates just provide incentives for taxpayers to invest and earn money in ways that reduce their tax liability. 

You cannot tax your way out of this problem.  We have a spending problem, not a revenue problem.  That's why I'm supporting the only plan that has been put forth to address our deficit and debt problem.  The Cut, Cap and Balance plan passed the House with bipartisan support from 234 members.  This plan is the only plan offered to cut spending in the near term.  We need to halt and reverse the trend of the last two years when government spending increased by 22 percent, not even counting the failed stimulus program.  It will also impose budget caps to get our spending down to a manageable level compared to our gross domestic product.  Finally, it would impose a balanced budget amendment to our Constitution.  It only makes sense to impose a requirement that we live within in our means.  Washington proves again and again that it needs this kind of discipline.

I'd say to my colleagues, if you don't support this plan, then offer your own plan.  You know the debt limit must be increased. But you also know we must take action to reduce the future levels of deficits and begin to bring our debt down.  Where is your plan to do that?  Where is your budget resolution?  How will you meet these responsibilities of elected office? 

The trajectory of our debt is alarming.  It will soon undermine our economy and our economic growth.  If we do nothing, our children and grandchildren will have fewer economic opportunities than we have had.  This is a moral issue.  Without a plan to put our fiscal situation on a better path, the next generations will have a lower quality of life than the one we've experienced.  We can't let that happen. 

We must take action to correct our course.  I urge my colleagues to support the Cut, Cap and Balance plan.

Pages