Tuesday, February 5, 2012

Klobuchar, Grassley Reintroduce Legislation to Crack Down on Anti-Competitive Pay-for-Delay Deals

Legislation would help put an end to pay-offs by brand-name drug manufacturers to keep cheaper generic equivalents off the market and help make sure consumers have access to cost-saving generic drugs they need

The Federal Trade Commission (FTC) recently released a report indicating a significant increase in the number of potential pay-for-delay settlements over the past year

WASHINGTON, D.C. - U.S. Senators Amy Klobuchar (D-MN) and Chuck Grassley (R-IA) today reintroduced legislation to crack down on anti-competitive pay-for-delay deals. The Preserve Access to Affordable Generics Act would help put an end to the practice of brand-name drug manufacturers using pay-off agreements to keep more affordable generic equivalents off the market and help make sure consumers have access to cost-saving generic drugs they need. A report released by the Federal Trade Commission (FTC) shows the number of potential pay-for-delay agreements rose over 40 percent in 2012. Klobuchar and Grassley introduced similar legislation in 2010 following a resurgence of patent settlement agreements. 

"These pay-for-delay deals keep more affordable generic drugs off the market, hurting consumers and stifling competition," said Klobuchar. "I have long supported efforts to crack down on this behavior and the recent rise in pay-for-delay agreements underscores the need for legislation to help make sure people have access to the drugs they need at a price they can afford."

"Clearly, pay-for-delay deal-making is an obstacle to getting cheaper prescription drugs on the market," Grassley said.  "These anti-competitive patent settlements between brand and generic drug companies hurt consumers' access to affordable medications, and they hurt taxpayers who pay for prescription drugs under both Medicare and Medicaid.  It's a practice that puts the interests of drug companies above the interests of consumers, and it's time for it to end."

Pay-for-delay settlements occur when brand-name drug companies seek to eliminate competition by paying generic manufacturers not to sell their products for a period of time. These agreements delay generic entry into the market nearly 17 months longer on average than agreements without payments. These pay-off settlements (also known as "reverse payments") delay consumer access to cost-saving generic drugs, which can be as much as 90 percent cheaper than brand-name drugs.

The Preserve Access to Affordable Generics Act would make it illegal for brand-name drug manufacturers to use anti-competitive pay-off agreements to keep more affordable generic equivalents off the market.  The Congressional Budget Office (CBO) expects that enacting this legislation would accelerate the availability of lower-priced generic drugs and generate over $4.7 billion in budget savings to the Federal Treasury between fiscal years 2012 and 2021.

Klobuchar has been a leader in Congress on working to advance consumer protection and was recently appointed to chair the Senate Judiciary Subcommittee on Antitrust, Competition Policy, and Consumer Rights. Grassley is the ranking member of the Senate Judiciary Committee.

WASHINGTON, D.C.–U.S. Senators John Thune (R-S.D.) and Chuck Grassley (R-Iowa) today expressed concern over the Committee on Foreign Investment in the United States' (CFIUS) decision to approve the China-based Wanxiang Group Corps.' investment in failed stimulus-funded battery company, A123. Thune and Grassley, who have taken the lead in seeking answers from both the Obama administration and A123 on the use of taxpayer dollars to fund the now-bankrupt green energy company, had urged CFIUS to protect U.S. national security and taxpayer interests as part of the transaction. A123 received over $130 million in taxpayer funds through the president's stimulus bill, including $1 million the day it declared bankruptcy.

"I am troubled by the Obama administration's approval of the Wanxiang purchase of A123," said Thune. "Technology produced by A123 and funded by U.S. taxpayers should not simply be shipped off to China so that the military applications for these materials can be reproduced abroad. Senator Grassley and I remain concerned about the national security implications of this transaction and have called on CFIUS for a full briefing of the review. We will continue to press for answers regarding our national security and taxpayer interests."

"We don't have any answers on what will happen to the technology funded by the U.S. taxpayers," Grassley said. "We don't have any answers on whether U.S. national security concerns are protected. The only thing that's clear is a foreign-owned company will benefit from the millions of dollars given to A123 through the President's stimulus package. That's troubling."

On August 14, 2012, Thune and Grassley sent a letter to the Department of Energy after A123 announced a $450 million investment deal with Wanxiang to express concern about tax dollars going to a struggling company. There were clear indications that A123 was having financial problems even as the administration continued to pour millions of taxpayer dollars into the failing company.

On October 9, 2012, Thune and Grassley sent a letter to A123 expressing their concerns regarding the company's potential agreement to grant Wanxiang majority control of the company. On October 16, 2012, A123 filed for Chapter 11 bankruptcy and appeared to withdraw from the deal with Wanxiang. Instead, Wanxiang went to auction and bid on A123's assets to acquire the company as part of the bankruptcy proceedings. CFIUS, which is charged with reviewing foreign investments, approved the transaction, according to an announcement today from Wanxiang.

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Friday, Jan. 18, 2013

This week, Sen. Chuck Grassley of Iowa urged the IRS to provide penalty relief to farmers who are ordinarily required to file and pay all taxes due by March 1.   Due to late action by the President and Congress on end of the year tax matters, the tax season has been delayed, and many forms necessary for farmers to complete their returns have yet to be finalized.   Today, the IRS announced it will provide penalty relief to farmers who request a waiver and complete their tax returns by April 15, 2013.  Grassley made the following comment on the announcement.

"This is good news.  Farmers shouldn't face a penalty for tax season delays that have nothing to do with them.  The IRS is right to provide relief from penalties.  I look forward to the guidance the IRS announced it will issue in the near future to help farmers file their taxes without penalty."

More information on Grassley's request to the IRS is available here.

The text of the IRS news release follows.

IRS Provides Penalty Relief to Farmers and Fishermen

IR-2013-7, Jan. 18, 2013

WASHINGTON – The Internal Revenue Service announced today that it will issue guidance in the near future to provide relief from the estimated tax penalty for farmers and fishermen unable to file and pay their 2012 taxes by the March 1 deadline due to the delayed start for filing tax returns.

The delay stems from this month's enactment of the American Taxpayer Relief Act (ATRA). The ATRA affected several tax forms that are often filed by farmers and fishermen, including the Form 4562, Depreciation and Amortization (Including Information on Listed Property).  These forms will require extensive programming and testing of IRS systems, which will delay the IRS's ability to accept and process these forms.  The IRS is providing this relief because delays in the agency's ability to accept and process these forms may affect the ability of many farmers and fishermen to file and pay their taxes by the March 1 deadline. The relief applies to all farmers and fishermen, not only those who must file late released forms.

Normally, farmers and fishermen who choose not to make quarterly estimated tax payments are not subject to a penalty if they file their returns and pay the full amount of tax due by March 1. Under the guidance to be issued, farmers or fishermen who miss the March 1 deadline will not be subject to the penalty if they file and pay by April 15, 2013. A taxpayer qualifies as a farmer or fisherman for tax-year 2012 if at least two-thirds of the taxpayer's total gross income was from farming or fishing in either 2011 or 2012.

Farmers and fishermen requesting this penalty waiver must attach Form 2210-F to their tax return. The form can be submitted electronically or on paper. The taxpayer's name and identifying number should be entered at the top of the form, the waiver box (Part I, Box A) should be checked, and the rest of the form should be left blank. Forms, instructions, and other tax assistance are available on IRS.gov.

WASHINGTON - After attending the swearing-in ceremony of the Iowa legislature this morning in Des Moines, Senator Chuck Grassley will meet this week with Iowans in nine Northeast Iowa communities, including Parkersburg, New Hampton, Delhi, Dubuque, Maquoketa, DeWitt, Davenport, Muscatine, and Cedar Rapids.

 

"I look forward to these events and meetings to listen to comments, respond to questions, and keep in touch," Grassley said.  "Representative government is a two-way street, and it's strengthened by dialogue between elected officials and the people we represent."

 

During a Friday meeting with employees at Kent Corporation in Muscatine, Grassley will be presented the National Association of Manufacturers Award for Manufacturing Legislative Excellence by Gage Kent, Chairman and CEO of Kent Corporation.  Kent serves on the Board of Directors of the National Association of Manufacturers, which is the largest manufacturing association in the United States, representing manufacturers in every industrial sector and in all 50 states.

 

Grassley has held at least one meeting with Iowans in every one of the state's 99 counties since 1980, when he was first elected to serve in the U.S. Senate.

 

The Senate is not meeting in Washington until Inauguration Day on January 21.

 

Immediately below is more information about the meeting schedule.

 

Tuesday, January 15

11:30 a.m.-1 p.m.

Q&A with students

Aplington-Parkersburg High School

610 North Johnson Street in Parkersburg

 

3:30-4:30 p.m.

Chickasaw County Town Meeting

New Hampton Public Library

20 West Spring Street in New Hampton

*Grassley will be available until 4:45 p.m. to answer questions from local reporters.

 

Thursday, January 17

8:45-9:45 a.m.

Q&A with government students

Maquoketa Valley High School

107 South Street in Delhi

 

11 a.m.-12 noon

Q&A with students

Loras College Alumni Campus Center in the Mary Alexis Room

at the corner of Loras Boulevard and Loras Parkway in Dubuque

*Grassley will be available until 12:15 p.m. to answer questions from local reporters.

 

12:30-1:30 p.m.

Tour Facility and Q&A with Employees

IBM

700 Locust Street in Dubuque

 

2:15-3:15 p.m.

Q&A with senior-level students

Maquoketa High School

600 Washington Street in Maquoketa

*Grassley will be available until 3:30 p.m. to answer questions from local reporters.

 

4-5 p.m.

Q&A with employees

Wendling Quarries

2647 225th Street in DeWitt

*Grassley will be available until 5:15 p.m. to answer questions from local reporters.

 

Friday, January 18

8-9 a.m.

Q&A with students

Davenport West High School

3505 West Locust Street in Davenport

*Grassley will be available until 9:15 a.m. to answer questions from local reporters.

 

10:30a.m.-12 noon

Q&A with employees of Kent Corporation

In addition, Grassley will be presented the National Association of Manufacturers Award for Manufacturing Legislative Excellence by Gage Kent, Chairman and CEO of Kent Corporation and a member of the Board of Directors of the National Association of Manufacturers.

1600 Oregon Street in Muscatine

*Grassley will be available until 12:15 p.m. to answer questions from local reporters.

 

1:30-2:45 p.m.

Cedar Rapids Naturalization Ceremony

111 Seventh Avenue Southeast in Cedar Rapids

*Grassley will be available until 3 p.m. to answer questions from local reporters.

 

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Washington - A bipartisan group of U.S. senators representing states along the Missouri and Mississippi rivers is elevating a request for the Army Corps of Engineers to manage water levels on the Missouri River to avoid a catastrophic economic problem on the Mississippi River.

 

"Drought conditions mean very low water levels on both rivers, and there needs to be a coordinated effort to make sure navigation isn't brought to a halt all together on the Mississippi River," Grassley said.  "Such a major interruption in commercial activity would ultimately impact jobs in Iowa and throughout the region, and steps can be taken and need to be taken to prevent it."

 

To avoid a potentially months-long loss of navigation on the Mississippi, senators today urged President Barack Obama to issue an emergency directive to permit additional water flows from Missouri River reservoirs to maintain navigation on the Mississippi.  They also asked for Federal Acquisition Rules to be waived to allow the Corps to expedite blasting of the rock pinnacles near Grant Tower and Thebes, Illinois.

 

In a letter to the President, the senators said, "Absent emergency action to ensure that water levels do not fall below the level needed to support the navigation channel, commercial navigation on the middle Mississippi River between St. Louis, MO, and Cairo, IL, will be severely impaired as early as mid-December."

 

Today's request for presidential action follows a request made by senators earlier this month of the Corps.  Senators also have asked the Corps to provide information to justify its resistance to taking action.  Governors from impacted states, representatives of industry and other stakeholders have sought action from the Corps, as well.

 

Senator Chuck Grassley (R-Iowa) signed the letter to the President along with Senators Tom Harkin (D-Iowa), Roy Blunt (R-MO), Mark Pryor (D-Ark.), Lamar Alexander (R-TN), Al Franken (D-MN), Mark Kirk (R-IL), Mary Landrieu (D-LA), David Vitter (R-LA), Claire McCaskill (D-MO), Thad Cochran (R-MS), Amy Klobuchar (D-MN), John Boozman (R-Ark.), Joe Manchin (D-WV), Roger Wicker (R-MS), and Sherrod Brown (D-OH).

 

Here is the text of the letter.

 

November 28, 2012

 

President Barack Obama

The White House

1600 Pennsylvania Avenue NW

Washington, DC 20500

 

Dear President Obama:

 

We understand that the governors of impacted states, representatives of industry, and others have written seeking action by the U.S. Army Corps of Engineers to prevent an economic calamity in the center of our nation.  We write in strong support of their request.  Absent emergency action to ensure that water levels do not fall below the level needed to support the navigation channel, commercial navigation on the middle Mississippi River between St. Louis, MO, and Cairo, IL, will be severely impaired as early as mid-December.  Substantial curtailment of navigation will effectively sever the country's inland waterway superhighway, imperil the shipment of critical cargo for domestic consumption and for export, threaten manufacturing industries and power generation, and risk thousands of related jobs in the Midwest.

 

Given the magnitude of the economic impact that would result from a potentially months-long loss of navigation on the Mississippi, we support an emergency directive to permit additional water flows from Missouri River reservoirs to maintain navigation on the Mississippi, and to waive Federal Acquisition Rules (FAR) to allow the Corps of Engineers to expedite blasting of the rock pinnacles near Grand Tower and Thebes, Illinois.  These pinnacles pose a hazard to barge navigation during periods of low water levels and their removal will allow commercial navigation on the Mississippi to continue.  Once the rocks are removed, additional water flows from the Missouri River would be unnecessary or significantly reduced.  Waiving FAR guidelines could allow the Corps to sole source for the work, eliminating the 30-day requirement for bids and allowing the work to proceed in an expedited manner.

 

The Mississippi River is an artery of commerce critical to the movement of hundreds of millions of tons of essential goods and commodities such as corn, grain, coal, petroleum, chemicals, and many other products important to the national economy.  All told, cargo valued at over $7 billion, including 300 million bushels of agricultural products and 3.8 million tons of coal, could experience shipping delays that cause ripple effects and damage local economies up and down the Mississippi and Ohio Rivers.  In addition, if shipping on the river is impeded, about five million barrels of domestically produced crude oil will not be shipped and purchases of imported crude oil will increase by about $550 million as a result.

 

Given the potentially large negative impact of this looming disaster, we hope that you will give due consideration to our request.

 

Sincerely,


WASHINGTON - Sen. Chuck Grassley of Iowa today urged the U.S. Department of Agriculture to focus on lowering Russian barriers to U.S. agricultural products including beef, pork and poultry during a trip to Russia next week.

"U.S. farmers deserve to be treated fairly by our international trading partners.  You have an opportunity next week to continue advancing that case for our farmers," Grassley wrote to Under Secretary Michael Scuse of the Farm and Foreign Agricultural Service of the U.S. Department of Agriculture.

Scuse will lead a mission to promote U.S. agricultural exports to Russia, Dec. 3 to Dec. 7.  Representatives from the states of Idaho, Missouri, North Dakota, Oklahoma and Kansas, as well as 23 American companies, will attend.

Grassley said the United States has missed key opportunities to address Russia's unscientific barriers to U.S. agricultural products including beef, pork and poultry.  A prime opportunity was prior to Russia's accession to the World Trade Organization.  As Congress moves closer to allowing Russia to have Permanent Normal Trade Relations status, the Obama administration needs to keep the pressure on Russia to eliminate safety standards not supported by sound science, Grassley said.

As the U.S. Department of Agriculture notes, agricultural trade between the United States and Russia is significant.  The two-way trade was valued at roughly $1.5 billion in fiscal year 2012, with American farm exports accounting for 97 percent of the total.  Last year, U.S. beef, pork and poultry exports collectively ranked second only to aircraft engines in total U.S. export value to Russia.

The text of today's letter is available here.  A June letter to President Obama from Grassley and 33 other senators on Russian barriers to U.S. agricultural products is available here.

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WASHINGTON -- Senator Chuck Grassley today joined Senator Mark Udall of Colorado , Rep. Steve King of Iowa, Rep. Jerry McNerney of California, and 40 veterans - many of whom have found post-military careers in the wind-energy industry - for a news conference to urge that an extension of the production tax credit for wind energy be included in year-end legislation to continue as many as 60 expiring tax provisions.

Shannon Lehmkuhl of Estherville and Troy Ellis of Newton were among the veterans at the event on Capitol Hill.  They were participating in an Operation Free two-day fly-in to meet with members of Congress.

Click here for video of the news conference. Click here for photos of the news conference.

"The production tax credit for wind is working and should be part of the effort in Washington to help get more Americans - and more veterans - working," Grassley said. "Certainty about tax policy and affordable energy are factors for economic growth, and as much energy as possible - both traditional and renewable - should be produced at home to create jobs and strengthen economic and national security.  There's no reason to exacerbate the unemployment problem by letting this successful incentive lapse."

In August, the Senate Finance Committee, with a bipartisan vote, passed an amendment authored by Grassley to extend the wind energy production tax credit.  Legislation in the House of Representatives to extend the production tax credit for wind has 118 cosponsors, both Democrats and Republicans.

Grassley authored the production tax credit for wind when it was first passed in 1992.  He has worked since then to extend the successful policy.  Udall has been a vocal proponent for the wind production tax credit, speaking nearly every day the Senate has been in session to urge his colleagues to extend the production tax credit and secure made-in-America energy and the jobs it creates.

Grassley said the production tax credit for wind is available only when wind energy is produced.  There's no benefit for simply placing the turbine in the ground.  "It's tax relief that rewards results," Grassley said.  "That's much different than failed taxpayer-funded grants and loans made since 2009."  The senator said wind energy detractors have blurred the distinction in efforts to undercut wind as a source of clean electricity.

The wind energy production tax credit was created to try to level the playing field with coal-fired and nuclear electricity generation.  If the wind incentive is allowed to lapse on December 31, wind energy would be the only form of energy generation without any federal incentive.

Nationwide, wind-energy production supports 75,000 jobs.  In Iowa, the wind energy industry employs nearly 5,000 full-time workers, with a number of major wind manufacturing facilities.  Iowa generates 20 percent of its electricity needs from wind, and wind energy powers the equivalent of a million homes.  Almost 3,000 utility-scale turbines in Iowa generate lease payments to landowners worth $12.5 million every year.

 

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Senators to be joined by Reps. McNerney & King, veterans working in wind industry

TOMORROW, Wednesday, Nov. 28, 2012, Senators Chuck Grassley and Mark Udall will headline a press conference with Rep. Jerry McNerney (D-Calif.) and Rep. Steve King (R-Iowa) and veterans from around the country to discuss the importance of extending the Wind Production Tax Credit.  Around 40 veterans, many of whom have found post-military careers in the wind energy industry, are participating in a two day fly-in during which they also will meet with members of Congress from their home states.

The Wind PTC is due to expire at the end of this year unless Congress renews it.  Without renewal, thousands of jobs and our energy security will be jeopardized.  The wind PTC supports thousands of good-paying, middle-class jobs throughout the country.  Americans of all stripes, including veterans, have benefited from the job opportunities and growth created by the wind energy industry.

Grassley has been the father of the wind PTC and has fought to ensure that the wind industry has the support it needs to power communities.  Udall has been a vocal proponent for the wind PTC, speaking almost every day the Senate has been in session to urge his colleagues to extend the PTC and secure made-in-America energy and the jobs it creates.

Grassley attends Oval Office ceremony to witness signing of the legislation

WASHINGTON - Senator Chuck Grassley today made a special trip to the White House to witness the signing of the Whistleblower Protection Enhancement Act which strengthens existing law to better protect whistleblowers.

Grassley was a co-author of the legislation being signed into law today, and the original 1989 Whistleblower Protection Act it updates.  The legislation was necessary because whistleblowers are being denied the protections they should have under the law because of decisions of the Merit Systems Protection Board, the Federal Circuit Court of Appeals, and a general anti-whistleblower sentiment found in executive branch agencies.

"As one of the authors of the original Whistleblower Protection Act, and a long-time advocate for whistleblowers, it's wonderful to see this legislation signed into law.  Whistleblowers strengthen our system of checks and balances, and that strengthens our system of representative government.  It's a constant battle to make sure that these patriotic citizens who shed light on overspending, mismanagement and layers of ineffective leadership within the federal government are protected," Grassley said after the signing in the Oval Office.  "Now, more work needs to be done to ensure that FBI whistleblower protections are updated and that intelligence community whistleblowers are covered under the law and given the protections they deserve."

A long-time advocate for whistleblowers, Grassley has stood up against the heavy hand of the bureaucracy - regardless of whether Republicans or Democrats were in charge -- for individual whistleblowers from the Pentagon, the FBI, the Bureau of Alcohol, Tobacco, Firearms and Explosives, the IRS, the Interior Department, the Department of Health and Human Services, the Food and Drug Administration, and the Securities and Exchange Commission.

In addition to co-authoring the 1989 whistleblower law, Grassley also authored the 1986 update of the False Claims Act to include qui tam provisions that empower private citizens, who had information about fraudulent activity by government contractors, to bring wrongdoing forward and sue in the name of the government.  To date, these whistleblower provisions have recovered more than $30 billion for taxpayers that otherwise would be lost to fraud.

In 2009, Grassley and Senator Patrick Leahy won passage of the Fraud Enforcement and Recovery Act which made the most significant improvements to the False Claims Act since 1986.  The law restores the scope and applicability of the False Claims Act where it had been limited by court decisions.  This effort also revised criminal laws to help prosecute mortgage fraud, securities fraud, and complex financial crimes that led to the 2008 financial crisis.

In addition, Grassley authored the 2006 overhaul of the IRS whistleblower program to fight major tax fraud.  The IRS recently paid out its largest award ever, but has acknowledged, after scrutiny from Grassley, that the agency must be more timely and responsive in processing whistleblower claims.

 

The Whistleblower Protection Enhancement Act of 2012 will:

·         clarify that any disclosure of gross waste or mismanagement, fraud, abuse, or illegal activity may be protected, but not disagreements over legitimate policy decisions;

·         suspend the sole jurisdiction of the Federal Circuit Court of Appeals over federal employee whistleblower cases for two years;

·         extend Whistleblower Protection Act coverage and other non-discrimination and anti-retaliatory laws to all employees of the Transportation Security Administration;

·         clarify that whistleblowers may disclose evidence of censorship of scientific or technical information under the same standards that apply to disclosures of other kinds of waste, fraud, and abuse;

·         codify portions of the anti-gag provision, which Grassley originally got passed, that has been part of every Transportation-Treasury Appropriations bill since 1988;

·         establish Whistleblower Protection Ombudsmen to educate agency personnel about whistleblower rights; and

·         provide the Office of Special Counsel with the independent right to file "friend of the court" briefs, or amicus briefs, with federal courts.

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Monday, Nov. 26, 2012

Sen. Chuck Grassley of Iowa today made the following comment on the news that Mary Schapiro will step down as chairman of the Securities and Exchange Commission next month.

"The SEC has proposed some weak settlements with Wall Street firms, including one that a judge called 'chump change.'  The SEC has to crack down harder, especially on repeat offenders.  I have some sympathy for the idea that current law limits the agency's enforcement abilities, as Chairman Schapiro has said, although the SEC also hasn't always used its existing penalties to the fullest.  To remove barriers to strong enforcement, Sen. Reed and I introduced legislation to increase the SEC's penalties.  I'll pursue that in the next Congress.  Chairman Schapiro supported the SEC whistleblower provisions that I helped to develop, although the implementing regulations have been problematic.  I'll continue to ride herd over the agency in getting the whistleblower office going.  It's disappointing that Chairman Schapiro is leaving the commission without having a permanent inspector general in place, since her departure may delay the commission in filling that important position even further.  The SEC, like any agency, benefits from a strong, independent inspector general.  The sooner the recent turmoil in the inspector general's office is overcome, the better for the agency and the investing public."

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