Advisory for Iowa Reporters and Editors

Friday, July 8, 2011

During his weekly video address, Senator Chuck Grassley discusses three international trade agreements that can help generate jobs for workers in the United States.

Click here for audio.

The text of the address is available below.  

   

Grassley Weekly Video Address:

Exports Help Generate Jobs

This week the Senate Finance Committee turned to three international trade agreements that have been ready for action by Congress for four years.  It was a big mistake to let these agreements get sidelined.  Jobs supported by exports pay 15 percent more than the national average.  Manufacturers, farmers, and the service sector need new markets for their products.  So, it's a matter of retaining and creating jobs.  And final approval of these agreements needs to be part of America's economic recovery effort.

Getting to a congressional vote has been a frustrating process.  A year and a-half ago, President Obama said he wanted to double exports within the next five years.  Still, he let the three trade agreements languish.  This spring, the United States Trade Representative said the trade agreements were ready, but then the administration changed the terms and is insisting that the Trade Adjustment Assistance program be passed with the trade agreements.

The Trade Adjustment Assistance program should be voted on separately, rather than used to bog down job-generating trade agreements.  The focus needs to stay on helping to spur manufacturing, services and agriculture-related jobs in the United States.  The opportunities are significant.  Today, U.S.-Colombia trade is a one-way street.  None of our ag products have duty-free access to the Colombian market, but more than 99 percent of Colombian ag exports enter the U.S. market duty-free.  With a trade agreement, Korea is expected to absorb five percent of total U.S. pork production.  The insurance and financial services industry in the United States, including Iowa, says Korea represents the largest insurance market yet in a free-trade agreement and presents enormous opportunities for domestic job growth.  Panama has tariffs on U.S. beef and corn that would go to zero under a trade agreement.

I talked with an Iowa cattleman who took a trip to Korea less than three weeks ago.  He had a tremendous trip promoting U.S. beef.  But one of his takeaways was that all of Asia is watching how the United States handles these trade deals.  And want to know if the United Sates wants to be in a leadership role for international trade.  They want to know if we are people of action, or just words.  They want to know if we will follow through with these agreements or will we let them languish even longer.  This cattleman came away with the message loud and clear.  Either we get this done, or our trading partners will be looking at other places for the trading terms that they desire.

For the sake of U.S. exports, these trade agreements need to be implemented without delay. 

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by U.S. Senator Chuck Grassley  

   

As Americans celebrated the 235th birthday of the United States with hometown fireworks and backyard barbeques, a divided government in Washington wrestled over taxes and spending needed to reach a long overdue budget agreement.  

   

It's been 800 days since the Democratic majority in the U.S. Senate has passed a federal budget. Without an enforceable rudder to rein in spending, Washington has been sailing along the high seas of deficit-spending as far as the eye can see.  

   

The budget-free zone has resulted in a reckless spending pattern in Washington. Federal expenditures have accelerated to an unprecedented 25 percent of gross domestic product. The federal debt has soared above $14 trillion. The shovel-ready stimulus package was not as shovel-ready as the Obama administration advertised. Pumping tax dollars into the economy has not triggered job creation. Unemployment has been at 9 percent, or higher, for all but two months since early 2009.  Persistent joblessness sinks already wilted consumer confidence.  

   

And yet, lawmakers and the White House are having trouble seeing eye-to-eye on ways to trim the deficit and stop adding to the debt. If an Iowa household noticed its monthly bills were higher than its income month after month, the obvious solution would be to cut spending, not continue an unsustainable pattern of borrowing. But Washington chooses to jump down the rabbit hole time after time, continuing an unsustainable spending binge and deferring fiscal sanity for another day.  

   

Washington's wonderland needs a reality check. Phantom budgets and pixie-dust economics aren't working.  

   

During the last two years, spending by Washington has increased 22 percent, not even counting the stimulus program.  Sooner rather than later, the surge of retiring baby boomers will overwhelm the nation's public entitlement programs, especially if reasonable reforms to save and strengthen the programs are ignored or killed by partisan demagoguery.  

   

It's been said that this White House considers it a shame to waste a crisis. What's shameful is the absence of leadership needed to secure economic growth and prosperity for generations to come. Instead of championing spending cuts and entitlement reform, the president has urged Congress to increase the debt limit by $2.4 trillion. It's time to cancel Washington's blank checks, not continue writing them.  

   

Instead of drawing lines in the sand and fanning the flames of class warfare, the big spenders need to accept that higher tax rates will not curb deficit spending. Since World War II, for every $1 raised in new taxes, Washington spends $1.17. Raising taxes has been a license for Washington to spend more and borrow more.  

   

What's more, each dollar earmarked for the Federal Treasury shrinks the take-home pay for consumers. It limits their ability to save, spend and invest. Raising the tax burden on investors, innovators and entrepreneurs limits their potential to drive economic growth and create jobs on Main Street.  

   

It's time for the big spenders to pluck their heads out of the sand and realize Washington cannot tax and spend our way to prosperity.  

   

Washington clearly needs help to curb its excessive appetite for spending. The federal government has run trillion dollar deficits for the last three years.  

   

How can Washington dig itself out of this rabbit hole and get American back on the right track?  

   

In the short-term, Washington needs to enact spending cuts and tax reforms that will help fuel economic growth. Voters hired lawmakers last November who campaigned for less federal spending, not more. For the long-term, let's rally behind a balanced budget amendment to the U.S. Constitution. It would create a permanent, non-negotiable benchmark to enforce fiscal discipline.  

   

Let's honor the vision of our nation's Founders whose service and sacrifice more than two centuries ago helped secure freedom and independence for future generations of Americans. Today's leaders in Washington can restore America's promise of prosperity and opportunity. Let's erase the legacy of debt and return to a legacy of hope. By living within our means, we can help our children and grandchildren achieve higher standards of living in the future.  

Friday, July 8, 2011

Here is a comment from Sen. Grassley about the ethanol agreement announced today by Sens. Thune and Klobuchar:

"All things considered, it's good news that an agreement was reached that salvages some of the effort to reduce America's dependence on foreign oil.  I wish it would have included a more robust investment in alternative fuel infrastructure and cellulosic ethanol.  Overall, the fact that this happened in a vacuum, rather than in an even-handed debate over all energy tax incentives, will always be a raw deal, especially for taxpayers and renewable fuel producers," Grassley said.

Jul 07 2011

Thune, Klobuchar Announce Bipartisan Compromise on Renewable Energy

Agreement would put savings toward deficit reduction, infrastructure

WASHINGTON, D.C.?U.S. Senators John Thune (R-S.D.) and Amy Klobuchar (D-Minn.) today announced that a bipartisan agreement has been reached that allows for a transition to a more sustainable model of incentives for domestic renewable fuel production while reducing the nation's deficit by $1.3 billion. The agreement, based on Thune and Klobuchar's bipartisan Ethanol Reform and Deficit Reduction Act, would end the existing 45 cent per gallon Volumetric Ethanol Excise Tax Credit on July 31, 2011, instead of the current expiration date of December 31, 2011. The bipartisan agreement would dedicate two-thirds of the savings from existing money?$1.3 billion?to debt reduction and the remaining $668 million in savings to renewable fuel incentives, helping provide consumers with lower gas prices. The compromise can now be considered by the full Senate.

"After productive discussions with industry stakeholders over the past several weeks, we have reached a bipartisan solution that reduces the federal deficit and modifies current biofuels policy without pulling the rug out from under American renewable energy producers," said Thune. "Domestic biofuels production in South Dakota and throughout the country continues to play an important role in reducing our nation's dependence on foreign oil and creating American jobs. I look forward to moving our bipartisan plan through both the Senate and the House of Representatives."

"This bipartisan agreement is a major step toward providing our businesses a clear path forward and keeping the biofuels industry competitive while reducing our debt by over a billion dollars this year,"said Klobuchar. "With this agreement we can not only continue to support homegrown energy, we can also demonstrate that members with different viewpoints can come together to find common ground to reduce the debt. It is a model for reducing government subsidies going forward."

"I thank Senator Thune for his work in crafting a bipartisan path forward for the ethanol industry," said Lisa Richardson, Executive Director of South Dakota Corn. "Senator Thune continues to fight for rural America. With the significant budgetary challenges facing our country, it is important that the ethanol industry in South Dakota have common sense policies in place to keep the biofuels industry moving forward. The enhanced blender pump tax credit will help give access to the market place, and the extended small producer tax credit will help our farmer-owned plants compete against foreign oil imports. We appreciate the work of Senator Thune and thank him for his continued support of agriculture producers in South Dakota."

"ACE thanks both Senators John Thune and Amy Klobuchar for their support and leadership in negotiating this compromise, which represents the art of the possible given the fiscal mood in Congress,"said Brian Jennings, Executive Vice President of the American Coalition for Ethanol. "We are pleased with the three-year blender pump tax credit and will work with marketers to try and take full advantage of these increased incentives to convert to blender pumps. ACE is also grateful that the Small Ethanol Producer Tax Credit, which is crucial for many of our independent and farmer-owned members, was extended for one year as well as key cellulosic biofuel provisions. ACE will work with Senators Thune and Klobuchar to support enactment of this legislation by the end of July."

"Senators Thune and Klobuchar worked tirelessly to help shape a compromise that will benefit all Americans," said Growth Energy CEO Tom Buis. "This proposal will benefit consumers at the pump, reduce our dependence on foreign oil by investing in next generation biofuels, and make a significant contribution to reducing our nation's budget deficit."

"This bipartisan effort to find common ground is the kind of sensible policy making American voters desperately want from their elected leaders," said Bob Dinneen, President and CEO of the Renewable Fuels Association. "We greatly appreciate the leadership of Senators Klobuchar and Thune in doggedly pursuing a solution to this impasse. Walking away from investments made in America's ethanol industry cold turkey would jeopardize the future of biofuel production in America, including stifling the progress of advanced and cellulosic ethanol technologies. We look forward to seeing the details of the agreement and working with all renewable fuel advocates in Congress to move this industry forward."

"The final compromise reflects both the importance of the ethanol industry to achieve energy independence and the need for fiscal responsibility," said Bart Schott, President of the National Corn Growers Association.

Recent votes in the Senate on this issue have sought to end the current Volumetric Ethanol Excise Tax Credit while still continuing to fund blender pumps. This agreement is consistent with those votes and would end the existing 45 cent per gallon Volumetric Ethanol Excise Tax Credit, provide funding for homegrown energy infrastructure and reduce the nation's deficit, based only on remaining 2011 funding.

Additional details of the compromise include :

Deficit Reduction

Immediately allocate $1.3 billion toward deficit reduction.

Blender Pump and Alternative Fueling Infrastructure Tax Credit

Extends the existing alternative fuel station tax credit to include blender pumps and extend the credit through 2014 by using 2011 funding only; modify the tax credit to allow for ethanol blends between E15 and E85; and clarify that entire cost of dual-use blender pumps qualify for the credit rather than the incremental cost. 

A taxpayer may take a 20 percent tax credit for the installation of alternative fuel infrastructure, up to $30,000, including E85 (85 percent ethanol and 15 percent gasoline) infrastructure. This credit is currently scheduled to expire on December 31, 2011. Other fuels that are eligible for the credit include electric charging stations and natural gas refueling stations.

Small Producer Ethanol Credit

Extend through 2012 the small producer ethanol credit by using 2011 funding only. This credit is currently scheduled to expire December 31, 2011. The small ethanol producer credit is valued at 7 cents per gallon of ethanol produced. The credit may be claimed on the first 15 million gallons of ethanol produced by a small producer in a given year. It applies to any ethanol producer with production capacity below 60 million gallons per year.

Credit for Production of Cellulosic Biofuels and Special Depreciation Allowance for Cellulosic Biofuels Plants

Modify and extend through 2015 the existing $1.01 per gallon tax credit for cellulosic biofuels that would otherwise expire on December 31, 2012. This is done by using 2011 funding only.

Includes a depreciation allowance for cellulosic plants, and the definition of cellulosic biofuels will include fuels made from algae.

Statement of U.S. Senator Chuck Grassley
Senate Committee on Finance
Executive Session to consider the U.S.-Korea Free Trade Agreement, the U.S.-Panama Trade Promotion Agreement, and the U.S.-Colombia Trade Promotion Agreement
Thursday, July 7, 2011

Let me start by saying I am glad we are here today trying to work out these trade deals.

We all know how important these agreements are.  We can all cite to statistics and data that tell us how much they mean to our economy.  I don't need to recite numbers, because we already know them.  We have heard the same speeches on the benefits of these agreements for four years.  But these deals have been kicked around and delayed over partisan fights.  The American people simply can't afford that anymore.

The Obama administration has finally gotten the message that increasing trade has to be a part of growing our economy.  That is why they are willing to move these deals forward.  But now, as we are on the brink of real action, President Obama has moved the goal-posts once again.  Not only are we told that these deals won't be sent to Congress without a deal on Trade Adjustment Assistance, but we have the unprecedented move of putting TAA into an implementing bill.

There are parts of TAA that I support.  As Ranking Member of this committee, I helped draft some of the reforms Congress passed in 2009.  But the political gamesmanship with these deals by the administration has to stop.  TAA is a spending bill that should be debated and passed on its merits. 

It's a violation of the process to put a program like this in an implementing bill.  But I know that the Chairman has spoken of some flexibility that might be in that, and I've told him that I'd like to help with that process of having a separate and open and fair debate.  I hope we can move forward with that flexibility.  In telling the Chairman that, I'd also like to urge the administration to reconsider its current approach.  Instead, we should come to terms on an agreement for sequencing four separate bills -  including the three separate implementing bills -  And a fourth bill that addresses TAA, trade promotion authority, and the generalized system of preferences.

I was just contacted by an Iowa cattleman who took a trip to Korea less than three weeks ago.  He had a tremendous trip promoting U.S. beef.  But one of his takeaways was that all of Asia is watching how the United States handles these trade deals.  And want to know if the United Sates wants to be in a leadership role for international trade.  They want to know if we are people of action, or just words.  They want to know if we will follow through with these agreements or will we let them languish even longer.  This cattleman came away with the message loud and clear.  Either we get this done, or our trading partners will be looking at other places for the trading terms that they desire.

We don't want to let that happen.  American farmers, businesses, and workers need greater access to these markets.  They need these trade deals.  I appreciate the Chairman scheduling this session today, and scheduling it so we have an adequate amount of time to address these important issues and at a time when more members of the committee are able to be present.  Thank you, Mr. Chairman.

Statement of U.S. Senator Chuck Grassley

Wednesday, July 7, 2011

The June unemployment figure is expected on Friday, and this morning there's a meeting of Finance Committee members about pending international trade agreements with Korea, Panama and Colombia.  Approval of those agreements needs to be part of the economic recovery effort.

These three agreements have been ready for congressional action for more than four years.  Demands made by congressional Democrats were accommodated to get the agreements ready back in 2007.  Even so, the Democratic leadership of Congress has refused to allow a vote.  Since President Obama took office, trade got sidelined even more.  That's a mistake.  Jobs supported by exports pay 15 percent more than the national average.  Manufacturers, farmers, and the service sector need new markets for their products.  It's a matter of retaining and creating jobs.

Getting to a congressional vote has been a frustrating process.  A year and a-half ago, President Obama said he wanted to double exports within the next five years.  Still, he let the three trade agreements languish.  This spring, the United States Trade Representative said the trade agreements were ready, but then the administration changed the terms and insisted that the Trade Adjustment Assistance program be passed with the trade agreements.

The Trade Adjustment Assistance program needs to be voted on separately, rather than used to bog down job-generating trade agreements.  The focus needs to stay on helping to spur manufacturing, services and agriculture-related jobs in the United States.  Today, U.S.-Colombia trade is a one-way street.  None of our ag products have duty-free access to the Colombian market, but more than 99 percent of Colombian ag exports enter the U.S. market duty-free.  With a trade agreement, Korea is expected to absorb five percent of total U.S. pork production.  The insurance and financial services industry in the United States, including Iowa, says Korea represents the largest insurance market yet in a free-trade agreement and presents enormous opportunities for domestic job growth.  Panama has tariffs on U.S. beef and corn that would go to zero under a trade agreement.  These trade agreements need to be implemented without delay.

DEA and FBI may have failed to share key information on informants

WASHINGTON, D.C. - On Monday, July 4, ATF Acting Director Kenneth Melson testified before investigators for the House Oversight and Government Reform Committee and Senate Judiciary Committee about Operation Fast and Furious.  Following this interview, Oversight Committee Chairman Darrell Issa and Senate Judiciary Committee Ranking Member Chuck Grassley, in a letter to Attorney General Eric Holder, expressed their deep concerns about the involvement of the DEA, FBI, and other agencies - including the possibility that they were aware of and even working with people connected to Fast and Furious suspects.

In addition to these concerns noted in the letter to the Attorney General, Acting Director Melson made key assertions to investigators:

·           Contrary to denials by the Justice Department, Acting Director Melson acknowledged the agents had in fact witnessed transfers of weapons from straw purchasers to third parties without following the guns any further.

·           the ATF group executing Operation Fast and Furious had been placed under the direction of the Arizona U.S. Attorney's office.

A copy of the text of the letter from Issa and Grassley to Attorney General Holder is below.  Click here for a copy of the signed letter.

July 5, 2011

VIA ELECTRONIC TRANSMISSION

The Honorable Eric H. Holder, Jr.
Attorney General
U.S. Department of Justice
950 Pennsylvania Avenue, NW
Washington, DC 20530

Dear Attorney General Holder:

Yesterday, Acting ATF Director Kenneth Melson participated in a transcribed interview regarding Operation Fast and Furious and related matters with both Republican and Democratic staff.  He appeared with his personal counsel, Richard Cullen of McGuireWoods LLP.  His interview had originally been scheduled through the Justice Department to occur on July 13 in the presence of DOJ and ATF counsel.  As you know, however, under our agreement Department witnesses who choose to attend a voluntary interview with their own lawyer are free to exercise that right rather than participate with counsel representing the Department's interests.

After being made aware of that provision of our agreement, Acting Director Melson chose to exercise that right and appeared with his own lawyer.  We are disappointed that no one had previously informed him of that provision of the agreement.  Instead, Justice Department officials sought to limit and control his communications with Congress.  This is yet another example of why direct communications with Congress are so important and are protected by law.[1]

Acting Director Melson's cooperation was extremely helpful to our investigation.  He was candid in admitting mistakes that his agency made and described various ways he says that he tried to remedy the problems.  According to Mr. Melson, it was not until after the public controversy that he personally reviewed hundreds of documents relating to the case, including wiretap applications and Reports of Investigation (ROIs).  By his account, he was sick to his stomach when he obtained those documents and learned the full story.  Mr. Melson said that he told the Office of the Deputy Attorney General (ODAG) at the end of March that the Department needed to reexamine how it was responding to the requests for information from Congress.

According to Mr. Melson, he and ATF's senior leadership team moved to reassign every manager involved in Fast and Furious, from the Deputy Assistant Director for Field Operations down to the Group Supervisor, after learning the facts in those documents.  Mr. Melson also said he was not allowed to communicate to Congress the reasons for the reassignments.  He claimed that ATF's senior leadership would have preferred to be more cooperative with our inquiry much earlier in the process.  However, he said that Justice Department officials directed them not to respond and took full control of replying to briefing and document requests from Congress.  The result is that Congress only got the parts of the story that the Department wanted us to hear.  If his account is accurate, then ATF leadership appears to have been effectively muzzled while the DOJ sent over false denials and buried its head in the sand.  That approach distorted the truth and obstructed our investigation.  The Department's inability or unwillingness to be more forthcoming served to conceal critical information that we are now learning about the involvement of other agencies, including the DEA and the FBI.

The Role of DEA, FBI, and Other Agencies

When confronted with information about serious issues involving lack of information sharing by other agencies, which Committee staff had originally learned from other witnesses, Mr. Melson's responses tended to corroborate what others had said.  Specifically, we have very real indications from several sources that some of the gun trafficking "higher-ups" that the ATF sought to identify were already known to other agencies and may even have been paid as informants.  The Acting Director said that ATF was kept in the dark about certain activities of other agencies, including DEA and FBI.  Mr. Melson said that he learned from ATF agents in the field that information obtained by these agencies could have had a material impact on the Fast and Furious investigation as far back as late 2009 or early 2010.  After learning about the possible role of DEA and FBI, he testified that he reported this information in April 2011 to the Acting Inspector General and directly to then-Acting Deputy Attorney General James Cole on June 16, 2011.

The evidence we have gathered raises the disturbing possibility that the Justice Department not only allowed criminals to smuggle weapons but that taxpayer dollars from other agencies may have financed those engaging in such activities.  While this is preliminary information, we must find out if there is any truth to it.   According to Acting Director Melson, he became aware of this startling possibility only after the murder of Border Patrol Agent Brian Terry and the indictments of the straw purchasers, which we now know were substantially delayed by the U.S. Attorney's Office and Main Justice.  Mr. Melson provided documents months ago supporting his concerns to the official in the ODAG responsible for document production to the Committees, but those documents have not been provided to us.

It is one thing to argue that the ends justify the means in an attempt to defend a policy that puts building a big case ahead of stopping known criminals from getting guns.  Yet it is a much more serious matter to conceal from Congress the possible involvement of other agencies in identifying and maybe even working with the same criminals that Operation Fast and Furious was trying to identify.  If this information is accurate, then the whole misguided operation might have been cut short if not for catastrophic failures to share key information.  If agencies within the same Department, co-located at the same facilities, had simply communicated with one another, then ATF might have known that gun trafficking "higher-ups" had been already identified.  This raises new and serious questions about the role of DEA, FBI, the United States Attorney's Office in Arizona, and Main Justice in coordinating this effort.  Nearly a decade after the September 11th attacks, the stovepipes of information within our government may still be causing tragic mistakes long after they should have been broken down.

Efforts to Oust Melson

In the last few weeks, unnamed administration officials have indicated to the press that Acting Director Melson would be forced to resign.  According to Mr. Melson, those initial reports were untrue.  Regardless of what we might have thought before about how he should handle a request to resign, we now know he has not been asked to resign.  We also now have the benefit of hearing his side of the story and will have a chance to examine what he said and compare it to the other evidence we are gathering.  However, that will take some time.

Mr. Melson served as the First Assistant to the U.S. Attorney in the Eastern District of Virginia for 21 years, from 1986 to 2007.  That is a career position.  After the controversy over the firing of the U.S. Attorneys, he took over the Executive Office for U.S. Attorneys (EOUSA).  He indicated that he was asked to convert to a non-career Senior Executive Service (SES), a politically appointed position, in order to speed the hiring process, and he agreed.  However, his former position at EOUSA is currently filled by a career SES employee, Marshall Jarrett.  As you know, for civil servants, the distinction between career and non-career status is significant.

In 2009, he said he was asked to take over as Acting Director of the ATF.  Acting Director of the ATF is by its nature a temporary job.  According to Mr. Melson, he was willing to serve the Department with the understanding that after a short tenure as Acting Director, he would return to a position as a career senior executive elsewhere within the Department.

However, two days after he told Acting Deputy Attorney General Cole about  serious issues involving lack of information sharing, the Wall Street Journal reported that unnamed sources said that Melson was about to be ousted.

The revelations about Operation Fast and Furious have focused intense scrutiny on the ATF.  It has no doubt taken a toll on the agency and the good people who work there.  Much of that damage has occurred because the Department prevented ATF from being more forthcoming and responsive to questions from Congress.  This is the context in which Mr. Melson decided to submit to an on-the-record interview with private counsel, pursuant to our agreement with the Department.

Technically, Mr. Melson no longer enjoys the due process protections afforded to career officials.  Given his testimony, unless a permanent director is confirmed, it would be inappropriate for the Justice Department to take action against him that could have the effect of intimidating others who might want to provide additional information to the Committees.

We hope that the Department will take a much more candid and forthcoming approach in addressing these very serious matters with the Committees.   If other important fact witnesses like Mr. Melson have a desire to communicate directly with the Committees they should be informed that they are free to do so.  They should also be notified that if they are represented by personal counsel, they may appear with personal counsel rather than with Department lawyers.

Any decision about Mr. Melson's future with the Department would need to be justified solely on the basis of the facts and the needs of the agency, rather than on his decision to speak to us.  We encourage you to communicate to us any additional significant information about any such decision so that we can work together to ensure that it would not impede our investigation.  For now, the Office of Inspector General is still conducting its review, and we are still conducting ours.  Knowing what we know so far, we believe it would be inappropriate to make Mr. Melson the fall guy in an attempt to prevent further congressional oversight. 

Sincerely,

_______________________________                      _______________________________

Darrell Issa, Chairman                                                Charles E. Grassley, Ranking Member

Committee on Oversight &                                         Committee on the Judiciary

Government Reform                                                   United States Senate

U.S. House of Representatives

 

cc:

The Honorable Elijah E. Cummings, Ranking Member
U.S. House of Representatives, Committee on Oversight & Government Reform

The Honorable Patrick Leahy, Chairman

U.S. Senate, Committee on the Judiciary 

[1] Specifically, no officer or employee may attempt to prohibit or prevent "any other officer or employee of the Federal Government from having direct oral or written communication or contact with any Member, committee, or subcommittee of the Congress" about a matter related to his employment or the agency "in any way, irrespective of whether such communication or contact is at the initiative" of the employee or Congress (emphasis added).  Moreover, the prohibition also applies to any officer or employee who "removes, suspends from duty without pay ... any other officer or employee of the Federal Government ... by reason of any communication or contact of such other officer or employee with any Member, committee, or subcommittee of the Congress."  Consolidated Appropriations Act, 2010, P.L. 111-117, 123 Stat. 3034, § 714 (2010), as continued by §1104 of P.L. 112-10?which extends the funding levels, as well as "the authority and conditions provided in such Acts," through September 30, 2011.  See generally, Government Accountability Office, "Department of Health and Human Services?Chief Actuary's Communications with Congress," B-302911 (Sep. 7, 2004) (discussing the history and background in support of the government-wide prohibition on attempts to prevent direct communications with Congress).  As you know, obstructing or impeding a Congressional inquiry is also a criminal violation under 18 U.S.C. § 1505. 

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Floor Statement of U.S. Senator Chuck Grassley

Tuesday, July 5, 2011

Continued Review of Audits of the Defense Department Inspector General

Click here for the video. Prepared remarks are below.

Mr. President, I come to the floor today to set the record straight on a report I issued on June 6th.

This report evaluated audits produced by the Department of Defense (DOD) Office of the Inspector General in fiscal year 2010.

I call it a Report Card because that is exactly what it is.

Each of the 113 unclassified reports published in fiscal year 2010 was reviewed, evaluated and graded in five categories. After each report was graded individually, all the scores for each report in each category were added up and averaged to create a composite score for all 113 reports.

Although 15 top quality audits were highlighted in the Report Card, the overall score awarded was a D minus. That's low, I know. Maybe the score should be a little higher. I don't know for sure.

Clearly, none reflected any of the reforms that Inspector General Heddell put in place in December 2010 - as all were published well in advance of that date.

My oversight staff read these reports as educated consumers. We expect these audits to provide leverage in the monumental day-to-day DOD oversight task. We want them to provide assurance that the Defense Department is spending the taxpayers' money wisely.

Some did that but most did not.

This Senator from Iowa is sure of one thing: The audits, which are the subject of my Report Card, are not somehow exempt from oversight and public scrutiny. They, too, need to be put under the public microscope - especially when they cost almost a million dollars apiece to produce.

So that's exactly what we did with the Report Card - put them in the public spotlight. And I will keep them there until I see sustained improvement.

As the report states and as I explained on in my speech on June 6th, this grading system was subjective and imperfect.  However, as subjective and inexact as it may be, I believe it provided a reasonable or rough measure of audit quality.

Following my speech, Defense Department Inspector General Heddell pounced on my report. He expressed strong opposition to the low score. He complained that it did not adequately reflect $4.2 billion in "achieved monetary benefits" identified in fiscal year 2010 audits.

To address IG Heddell's concerns, my staff asked the Audit Office to prepare an information paper that links the $4.2 billion in savings to the audit where those savings were reported. That information was provided to me on June 20th. I call it a "cross-walk." It takes me to the exact page in each report where the savings were discussed.

This document lists $4.4 billion in "identified potential monetary benefits" and "collections" of $4.2 billion.

After reviewing the "cross-walk," I have concluded that IG Heddell had a legitimate gripe about the Report Card. He is right. It should have included a section that addressed potential savings. So I will address those issues now, focusing on four reports that contained almost all of the $4.2 billion in savings listed in the "collections" column.

In grading these reports, we did not give sufficient credit for potential savings and efficiencies. They were a casualty of the grading system - for one simple reason. If the exact dollar amounts of alleged fraud and waste were not verified using primary source accounting records, they did not pop up on my oversight radar screen.

My staff is attempting to work with the Audit Office to develop a mutually agreed upon set of standards for grading audits. The purpose of these discussions would be to create a grading process that would accurately capture the true quality of all reports, including policy reviews that uncover real savings and efficiencies.

From the beginning, I have been very critical of the Audit Office for producing far too many policy reviews and far too few hard-core contract and payment audits.

For the most part, the policy audits have no measurable monetary impact whatsoever. However, I have learned recently that at least a few are important for other reasons. I am told that some of these reports are of real value in the work of the Armed Services Committee.

Contract and payment audits are also very important. They go right to the heart of the IG's core mission: To root out and deter fraud, waste and theft. If done right, they too can produce big pay offs. Those audits earned top scores in the Report Card.

Mr. President, I am not saying that the Audit Office should do nothing but contract and payment audits. What I am saying is this: The current mix of audits creates a huge imbalance in favor of policy reviews. A better balance needs to be established.

That said, Mr. President, I have an admission to make to my colleagues. I finally found a policy audit that I like.

This report is entitled Recapitalization and Acquisition of Light Tactical Wheeled Vehicles, number 2010-039, dated January 29, 2020. It identified potential savings of $3.84 billion. That's 90% of the savings uncovered in FY 2010 audits.

Now, in my Report Card, I gave this audit a low grade. This audit failed to connect the dots on the money trail and verify dollar amounts using primary source contract and payment records. Plus it took 16 months to complete.  When you add the four to six months of planning that often precedes the audit start date, you are probably looking at two years to complete this audit. That's far too long.

But this report had other important qualities that were overlooked. It uncovered gross violations of applicable procurement regulations, including use of a sole-source contracting arrangement. It also determined that the proposed vehicle might duplicate the capabilities of existing vehicles.

In the midst of this audit, for reasons that remain unclear, the project manager decided to stop the program "and put the $3.84 billion in funding to better use in FY 2010-2013." This language suggests that all the money was reallocated within Army accounts for other purposes. Clearly, the audit may have helped to stop $3.84 billion in potential waste. That's excellent, but this does not constitute savings in the classical sense -- as all the money was shifted to other Army projects. Waste could  happen there, too.

Using a modified grading system to reflect the good qualities of this audit, it would have earned a higher score were it not for an excessively long completion time. In this particular case, however, the impact of the audit was apparently felt while the audit was still in progress. So the timeliness rule may not apply here and probably should be set aside.

There are three other audits containing savings and efficiencies that I wish to discuss today.

The next one is entitled Implementation of the Predator/Sky Warrior Acquisition Decision Memorandum, number 2010-082, dated September 10, 2010.

The purpose of this audit was to determine whether the Air Force and the Army had complied with DOD directives and law to combine the Predator and Sky Warrior drone programs. The Defense Department estimated that $400 million could be saved by merging these two programs.

While the audit was in progress, DOD pulled the rug out from under the auditors. A new directive was issued, stating that the two programs did not have to be combined. To counter this move, the auditors recommended administrative action against those who failed to comply with the original directive. The DOD non-concurred and tossed the auditors a bone. DOD wiggled out of harm's way by offering to do a meaningless "lessons learned" exercise.  In the end, the auditors caved in, agreeing that the DOD plan was "responsive" and backed off.

Despite what appears to be an unsuccessful outcome, the Office of the Inspector General still claims that this audit produced $60 million in savings.  The audit itself indicates that the $60 million was, in fact, "reprogrammed to meet higher priority operations." That means it was reallocated to other DOD accounts - and not saved.

Since this audit was all about an opportunity to save $400 million - and DOD balked, maybe these so-called savings might be better characterized as lost savings.

In my Report Card, this audit earned low scores - mainly because it failed to verify actual costs of the two drone contracts, using primary source accounting records. And it failed to assess the validity of DOD's estimated savings of $400 million.

I am not convinced this audit deserves a higher score - especially since it took 22.5 months to complete, and the recommendations - though initially tough -- were watered down at the end.

The next report claimed $242 million in potential savings.

This one is entitled "Deferred Maintenance and Carryover on the Army Abrams Tank," number 2010-043, dated March 2, 2010.

This report concluded that contrary to Army claims, depot maintenance on M-1 tanks was not deferred in fiscal year 2008. All planned overhauls were, in fact, completed, but a large sum of money was left-over. The Army requested and received a formal, written waiver to "carryover" $346 million in un-needed and un-used fiscal year 2008 M-1 maintenance funds for use in 2009 and beyond. The reason given was inadequate capacity at the Lima, Ohio tank plant. Without the waiver, this money would have been cancelled and lost. The report concluded that Army documents contained "inaccurate and misleading" information and may have caused a violation of the Anti-Deficiency Act. It recommended that the waiver be recinded and $275 million in FY 2008 money be cancelled, reprogrammed or reduced.

The Army appeared to agree with the recommendation to disclose the $275 million carryover to Congress, but non-concurred with other recommendations.

This report does not point to any real savings.

This report probably deserves higher scores except for timeliness and strength of recommendations.

It was untimely, taking 22 months to complete.

In addition, there were unresolved issues about the waiver document. Did the official, who signed the waiver, know that document may have allegedly contained false and misleading information? Was he questioned about its truthfulness? If so, the report should have recommended that he be held accountable.

The last of four reports uncovered $2.2 million in purported savings, but this one appears to be  more about helping the Army spend - not save - money.

It is entitled "Controls Over Unliquidated Obligations for Department of the Army Contracts," number 2010-073, dated July 19, 2010.

This report deserves high scores for hitting most of the dots on the money trail, including verification of exact dollar amounts using primary source accounting records. Such nitty gritty accounting work is highly commendable.

Unfortunately, the objective of this audit appears to be questionable. The report finds that sloppy Army accounting work "could increase the risk that funds are unavailable for other needs because funds available for de-obligation are not identified in a timely manner." Now what does that really mean?

It means that the money in question is no longer needed and is at risk of being "lost" because it is about to expire.

Having un-needed money lying around in the Pentagon is almost always a recipe for more waste. In the Pentagon, there is no such thing as un-needed money. Every dollar has a mission.

This report is all about managing money to make sure that every cent is spent before it expires. Avoiding the loss of appropriations is the primary responsibility of the Army Comptroller or Chief Financial Officer - not the IG.

In this scenario, the IG's primary focus should be to ensure that "lost" appropriations are not used illegally - or that un-needed monies are not wasted by being shifted to another questionable project.  Money that is not needed should be reported to Congress and returned to the Treasury.

Although this audit deserves high scores in several categories, its long completion time - 16 months - and questionable focus lowers its overall score.

To summarize, Mr. President, there are two main problems with these four reports on savings and collections: 1) None was timely; and 2) Reported savings are unverified and elusive.

First, these four reports took an average of 19 months to complete. Two took a total of 45 months or almost four years to finish. And that does not include the four to six months it takes - I am told -- to get each audit rolling. As I have said on other occasions, the power of top quality audit work is greatly weakened by stale information.

Second, these four audits supposedly produced $4.2 billion in collected savings. But all of that money appears to have been shifted to other DOD accounts and spent. To the best of my knowledge, not one cent was really saved or re-deposited in the taxpayer's bank account.

Only in the government could you spend all the money and still claim savings.

What we are really talking about here are lost savings that grew out of waste that was thankfully discovered and avoided. And waste that is avoided surely has monetary benefits.

In closing Mr. President, I would like to share a simple observation with my colleagues.

For some reason, auditors in the Office of the Inspector General show a great reluctance to use the word waste in their reports. That word rarely - if ever - appears in their audits. At the same time, auditors seem overly eager to tout savings and efficiencies. Now, why would that be? Could it be that their superiors in the Pentagon take a dim view of the word waste?

Savings may be nothing more that the flip-side of waste. Auditors detect and verify potential waste and then convert it to potential savings by proposing remedies to eliminate the waste. Maybe the auditors need to start calling it what it is - call it waste, and then talk about savings.

I yield the floor.

WASHINGTON - Senator Chuck Grassley has asked the Chairman of the Federal Communications Commission (FCC) to comply with his request for information and account for the commission's resistance to transparency to date in order to build trust in the way the commission is handling the public's business.

"If anything, the shadows around the LightSquared project should have led the Federal Communications Commission to proceed with caution rather than step on the gas," Grassley said.  "The opposite happened and the FCC needs to be held accountable.  The public spectrum is limited, and it's a valuable asset that the Federal Communications Commission is responsible for protecting."

Since April, Grassley has sought information about a conditional waiver granted by the FCC to LightSquared, a new wireless Internet network project.  His inquiry was prompted by the project being on a fast track for government approval, despite concerns that it could jam the existing navigational systems used in farming, trucking, air travel, law enforcement, by the military and in general consumer navigation, and that the person funding the operation is a controversial hedge fund founder who is reportedly under federal investigation for questionable financial dealings.

Testing of LightSquared's technology is ongoing.  Disruption of GPS service has been identified, including for first responders, along with other interference concerns.

The text of the letter sent today from Grassley to Mr. Julius Genachowski is below.

July 5, 2011

Mr. Julius Genachowski

Chairman

Federal Communications Commission

445 12th Street, SW

Washington, DC 20554

 

Dear Chairman Genachowski:

On April 27, 2011, I sent you a letter asking for documents regarding the Federal Communication Commission's (FCC) communications with LightSquared, Harbinger Capital, Mr. Phillip Falcone, and the White House.  I requested a response by May 10, 2011.  On May 31, 2011, over one month after my initial request, you responded with a letter that did not respond to any of my questions and offered a general defense of the FCC's expedited procedure regarding LightSquared.

When my staff followed up with your legislative affairs office to seek an explanation for your failure to be responsive, my staff was told that the FCC chose to intentionally ignore the document requests in my letter.  FCC staff asserted that, as a general matter, the FCC does not respond to Congressional document requests unless they are made by the Chairmen of the House Committee on Energy and Commerce or the Senate Committee on Commerce, Science, and Transportation.  In a subsequent conversation, your legislative affairs staff asserted that if a Freedom of Information Act (FOIA) request for the same information were made, the FCC could draw out the process for approximately two years and that any documents eventually provided would be heavily redacted.

As none of this information was contained in the letter you sent to me, I am writing to see if it is in fact accurate and if so, explore the FCC's apparent decision to take an extreme position against transparency, which would stifle congressional oversight and public scrutiny in direct contradiction to President Obama's stated policies and instructions on open government.  In the interest of providing a full and complete answer to the questions I raised on April 27, 2011, I respectfully request that you answer the following questions.  In addition, when replying to this letter, please number your answers in accordance with my questions.

1.      Does the FCC plan to respond to the document request I made on April 27, 2011?

a.       If so, when will the FCC provide these documents?

b.      If not, why not?

2.      Is it the FCC's position that Congressional document requests are to be ignored unless they come from the Chairmen of the House Committee on Energy and Commerce or the Senate Committee on Commerce, Science, and Transportation?

a.       If not, please cite examples between January 1, 2000 and the present when the FCC has responded to document requests made by Senators and Members of Congress who do not chair committees of jurisdiction over the FCC.

b.      If so, is the FCC concerned that this position inhibits congressional oversight (please explain why or why not)?

c.       If so, why does the FCC not simply treat such requests as FOIA requests and process them accordingly rather than ignore them altogether?

d.      If so, is this a written policy?

i.      If so, please provide the policy and state how long it has been in place.

ii.      If not, please provide any written evidence indicating that this policy was in place prior to my letter regarding LightSquared.

3.      Was your legislative affairs staff correct in stating that a FOIA request regarding all the documents I requested in my April 27, 2011 could take approximately two years?

a.       If so, why would it take so long and how is that consistent with statutory obligations under FOIA?

b.      If not, approximately how long would it take to fulfill a FOIA request regarding these documents?

4.      What is the average length of time the FCC has taken to respond to FOIA requests from January 1, 2006 to the present?

5.      In my initial letter I noted that Mr. Phillip Falcone is being investigated by the Securities and Exchange Commission (SEC) for obtaining a $113 million loan from his hedge fund, Harbinger Capital, to pay his taxes, without the consent of his investors.  Since then, it has come to light that Mr. Falcone and his firm are also the subject of additional SEC investigations that include allegations of "market manipulation" and violations of the "short sale rule" involving three separate stocks.[1] According to published reports, Mr. Falcone's hedge fund, Harbinger Capital, controls roughly 80% of LightSquared's shares.[2] In continuing to support, "the opportunity presented by LightSquared" is the FCC concerned regarding these multiple investigations of Mr. Falcone?[3]

6.      Does the FCC have any safeguards to ensure that valuable spectrum allocations are not made to serial violators of our nation's securities laws?

a.       If so, what are those safeguards?

b.      If not, why does the FCC not have such a policy?

Thank you for your cooperating and attention in this matter.  I would appreciate a written

response by July 20, 2011.  If you have any questions, please do not hesitate to contact Chris Lucas on my staff at 224-5225.

 

Sincerely,

Charles E. Grassley

Ranking Member

Committee on the Judiciary

Advisory for Iowa Reporters and Editors

Friday, July 1, 2011

During his weekly video address, Senator Chuck Grassley discusses the status of the deficit-reduction talks and the importance of not leaving a legacy of debt to the next generation.

Click here for audio.

The text of the address is available below.

Grassley Weekly Video Address:

Deficit-Reduction Talks

The President is finally involved in the deficit-reduction talks, where $2.4 trillion in savings over 10 years is needed in order to offset about that level of an increase in the federal debt ceiling.  August 2 is the operational deadline, at this point.

The President's posture is very combative, and the pressure that's coming from the White House and Senate Democrats to raise taxes to increase revenues ignores two very important facts, separate from the harm it would do to the economy where job creation is still so weak.

First, Americans sent a clear message in the last election that they want government spending reined in.  They know it's morally wrong to make the next generation pay the bills for the way we live today, and that the problem isn't that people are taxed too little but that Washington spends too much.  In just the last two years, government spending increased by 22 percent.

Second, if history is a guide, then an increase in taxes is really a license for Congress to spend more money.  Professor Vedder of Ohio University has found that since World War II, for every dollar in tax increases, Washington has spent $1.17.

Serious spending reforms are needed for the sake of America's fiscal well-being.

One of those reforms is a balanced budget amendment to the Constitution.  The federal deficit is 15 times bigger today than it was in 1997, the last time there was a vote in Congress on a balanced budget amendment.  It's time to bring it up again.  I'm a cosponsor of legislation and have formally asked Senate leaders to hold hearings on a balanced budget amendment.  Forty-six of 50 states have a balanced budget requirement, and there should be one at the federal level.

In the meantime, the debt-ceiling debate provides a major opportunity to help bring fiscal accountability and responsibility to Washington.  And it emphasizes the need for pro-growth policies out of Washington - including less debt, but also regulatory relief, more exports, lower and simpler taxes and greater certainty about taxes, lower health care costs and an increased domestic energy supply.

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Sen. Chuck Grassley of Iowa last month asked a White House official to account for the contradiction between a White House blog post and statements from the Secretary of the Treasury and other officials about the relationship of the Small Business Lending Fund, or SBLF, to the Troubled Asset Relief Program, or TARP.  Today, the Treasury Department responded.  The text of the Treasury Department's response is here.  The details of Grassley's original inquiry are available here.  Grassley made the following comment on today's response.

"With this response, the White House apparently didn't want to answer questions about the Small Business Lending Fund and is hiding behind the Treasury Department.  I wrote a letter to the White House deputy communications director asking questions regarding the statements she wrote about the Small Business Lending Fund.  Since she's a public servant whose salary is paid by the American people, making statements on a taxpayer-funded website that presents official White House positions, I expect direct answers.   It's misleading, at the very least, for the White House to have insisted that the Small Business Lending Fund and TARP have no relationship, even as the Treasury Department acknowledges that at least some banks will use the Small Business Lending Fund to repay their TARP loans."

Senate to Remain In Session While Deficit Reduction Negotiations Continue

WASHINGTON - Two members of his staff will represent Senator Chuck Grassley at the 12 town meetings in Iowa which Grassley had planned for himself for next week.

The change from Grassley to staff members was necessary because of the announcement today that the U.S. Senate will remain in session, instead of recess for the week of the 4th of July, while negotiations continue over how to achieve $2.4 trillion in savings in the federal budget in order to offset an increase in the amount of debt the federal government can legally borrow.  The deadline for an agreement on raising the debt ceiling is August 2, at this point.

Grassley had planned the town meetings as part of his annual visit to every Iowa county for dialogue with constituents.  Now, in Grassley's place, Regional Director Donna Barry and Legislative Aide Sherry Kuntz will conduct town meetings in Adams, Audubon, Carroll, Fremont, Harrison, Mills, Monona, Montgomery, Page, Pottawattamie, Shelby and Taylor counties.  Grassley's scheduled appearances at the Atlantic and Denison Rotary meetings on July 5 and July 7 have been postponed.  Grassley said he will reschedule constituent meetings in all of these counties.

"My staff will be at each of the town meeting locations next week to hear the concerns of Iowans in these counties, many of which are being impacted directly by the Missouri River flooding," Grassley said.  "Donna Barry and Sherry Kuntz are prepared to answer questions and to follow-up on any issues that Iowans want to bring to my attention.  I look forward to returning to all of these counties myself as soon as possible this year.  It's important to me to be able to meet in person with Iowans in every county, every year, and I appreciate participation by local residents in this kind of dialogue with their elected representative.  Next week, I need to be in Washington because when the Senate is in session, I'm there representing the people of Iowa."  Grassley holds the record in the Senate today for the longest streak of not missing a roll-call vote.

A copy of Grassley's original schedule is available here.

Details about the July 5-7, staff-led town meetings are below.

Tuesday, July 5  

8 - 9 a.m.
Carroll County Town Meeting
New Hope Village, Activity Center Gymnasium, 1211 E. 18th St., Carroll

10:15 - 11:15 a.m.
Audubon County Town Meeting
Audubon County Economic Development (ACED), Community Room, 800 Market St., Audubon

2:15 - 3:15 p.m. 
Adams County Town Meeting
Corning Community Building, 601 Sixth St., Corning

4:15 - 5:15 p.m.
Taylor County Town Meeting
Taylor County Farm Bureau, Meeting Room, 607 Pollock Blvd., Bedford

Wednesday, July 6  

8 - 9 a.m.                     
Page County Town Meeting  
Shenandoah Medical Center, Rapp Meeting Room, 300 Pershing Ave., Shenandoah     

10 - 11 a.m.                             
Fremont County Town Meeting  
The Gathering Place, Corner of Cass and Ohio Streets, Sidney     

Noon - 1 p.m.                          
Mills County Town Meeting  
Glenwood Senior Center, 20 N. Vine St., Glenwood     

2 - 3 p.m.                             
Montgomery County Town Meeting  
Montgomery County Family YMCA, 101 E. Cherry St., Red Oak     

4 - 5 p.m.                             
Pottawattamie County Town Meeting  
Oakland Community Building, 129 Harrison St., Oakland     

Thursday, July 7

7 - 8 a.m.                          
Harrison County Town Meeting
United Western Coop, 222 E. Lincoln Highway, Missouri Valley

9:45 - 10:45 a.m.                   
Monona County Town Meeting
Onawa Community Center, 320 10th St., Onawa

2 - 3 p.m.                          
Shelby County Town Meeting
Harlan Public Library, 718 Court St., Harlan

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