Penny Vacek -- Senator Chuck Grassley's Regional Director based in Davenport -- will be holding open office hours in Cedar and Scott counties on November 26 and office hours in Louisa, Des Moines and Lee counties on November 27. These open office hours are designed for Iowans to have local access to casework assistance and an opportunity to express points of view or concerns directly to a staffer for Senator Grassley.

More Information about Penny Vacek's schedule follows here:

Monday, November 26, 2012

8:00-9:00 a.m.                Cedar County, Lowden City Hall, 501 Main Street, Lowden

10:00-11:00 a.m.            Scott County, Walcott City Hall, 128 West Lincoln Street, Walcott

Tuesday, November 27, 2012

8:30-9:30 a.m.                Louisa County, Columbus Junction City Hall, 232 2nd Street, Columbus Junction

10:30-11:30 a.m.            Des Moines County, Mediapolis Public Library, 128 North Orchard, Mediapolis

12:30-1:30 p.m.              Lee County, Fort Madison Public Library, 1920 Avenue E, Fort Madison

Grassley's offices in Iowa regularly help constituents contact federal agencies to sort through problems with Social Security payments, military service matters, immigration cases and other matters. His state offices are located in Cedar Rapids, Council Bluffs, Davenport, Des Moines, Sioux City and Waterloo.

Here is a comment from Senator Grassley about the staff open office hours:

"Open office hours are designed to help more Iowans access the assistance that is available from the office of their United States Senator.  I hope anyone with federal agency-related casework will take advantage of Penny's visits."

For more information please contact Senator Grassley's Davenport office at 563-322-4331.

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WASHINGTON - Senator Chuck Grassley today joined other senators from states along the Mississippi River to urge the Army Corps of Engineers to remove impediments to navigation on the Mississippi River, as well as ensure water flow from the Missouri River does not impede Mississippi River navigation.

Grassley, along with Senators Tom Harkin, Roy Blunt, Dick Durbin, Mary Landrieu, Lamar Alexander, Amy Klobuchar, David Vitter, Claire McCaskill, Mark Kirk, Mark Pryor, Roger Wicker, Al Franken, Thad Cochran and John Boozman requested the action from the Army Corps of Engineers in an effort to keep commerce flowing on the river.

"The drought resulted in low water levels that have created challenging shipping conditions in some spots along the river for grain and other exports," Grassley said.  "The action we're requesting is not unprecedented, and could have a major and positive impact on the economy up and down the river."

Here is a copy of the text of the letter.  Click here for a signed copy of the letter.

 

November 16, 2012

The Honorable Jo-Ellen Darcy

Assistant Secretary for Civil Works

108 Army Pentagon

Room 3E446

Washington, DC 20310-0108

 

Dear Secretary Darcy:

We are requesting immediate action to prevent an impending disruption to inland waterways navigation caused in large part by the 2012 drought particularly in the Missouri River Basin. A very large share of the flows into the Mississippi River at St. Louis are derived from the Missouri River.

On or about November 23, 2012, the United States Army Corps of Engineers may begin to impound Missouri River water in accordance with the annual operating plan for the Missouri River. This action will lead to a crisis on the Mississippi River when commerce is interrupted due to low water conditions that prevent the maintenance of the congressionally-authorized 9-foot channel.

Fortunately, we understand that the Corps has the ability to remove impediments to navigation by demolishing rock pinnacles - particularly at Thebes, Illinois - in order to avert the looming crisis. We urge the Corps of Engineers to undertake this work as soon as possible. If authority can be found, we also request that the impoundment of Missouri River water be delayed until the rock work is completed so that navigation can be maintained. Our support for those flows is with an understanding that no other beneficial use would be seriously impacted and that any deficit of water for other various uses would be repaid from future navigation flows. We believe that the USACE Master Manual permits such deviations.

The Mississippi River is vital to commerce for agriculture and many other goods, including our ability to export our goods. If the river channel is not maintained, there will be a loss of jobs, income to many businesses and farmers, and an adverse impact to the economy of the region as a whole.

We encourage you to take action to preserve this crucial artery of commerce. We appreciate your consideration of this important issue.                             

The Whistleblower Protection Enhancement Act of 2012 is on its way to the President's desk to be signed into law.  This legislation updates a 1989 law to protect federal employees who speak out about wrongdoing in government agencies.

Here is the text of Grassley's comments:

 

This week the Senate gave final approval to the Whistleblower Protection Enhancement Act of 2012.  It's on its way to the President's desk to be signed into law.

This bill strengthens the Whistleblower Protection Act to better protect federal employees who come forward to disclose government waste, fraud, abuse, and other wrongdoing.  I coauthored this bipartisan enhancement bill this year, and I coauthored the 1989 Whistleblower Protection Act that it updates.

The update is an important step forward.  Additional improvements are still needed to make sure intelligence community whistleblowers get the protection they deserve for uncovering fraud deep within the bureaucracy.

The public interest is served by whistleblowers inside the federal government who have the courage to stand up and speak out about wrongdoing, mismanagement, and waste.  One of the first whistleblowers I ever worked with from the federal government, and he was an employee of the Defense Department, said whistleblowers were guilty of "committing truth."

We need that truth in Washington.  We need the accountability that whistleblowers help to bring.  I will continue to advocate for whistleblowers in and outside of government, wherever tax dollars and the public good is at stake.

Friday, November 16, 2012

Senator Chuck Grassley released the following statement after learning that terrorist Ali Musa Daqduq was released from an Iraqi prison.  The U.S. government turned over the well-known terrorist to the Iraqi government less than a year ago.  Grassley sent several letters to the Obama administration urging them to try Daqduq before a military tribunal.  Those letters can be found here.  Grassley is the Ranking Member of the Senate Committee on the Judiciary.

"Daqduq has one of the most significant records of terrorist activity with Hezbollah and the Iranian Revolutionary Guard Quds Force, even training them.  Yet, the Obama administration decided to turn him over to the Iraqi government knowing that it likely would result in his freedom.  Now, it appears that our fears have been realized and Daqduq has been released from the Iraqi government's custody and is in Lebanon. The United States does not have an extradition agreement with Lebanon, so there's little recourse for the U.S. government and Daqduq is expected to remain free.  A military tribunal would have been a far better avenue to bring this terrorist to justice.  Instead, it's probably just a matter of time before he finds his way back to the battlefield where undoubtedly innocent people will be killed."
Friday, Nov. 16, 2012


Sen. Chuck Grassley and Sen. John Thune made the following comment on information provided by A123 Systems, Inc., in response to the senators' Oct. 9 inquiry about a federal stimulus grant provided by the Department of Energy:

"The very day A123 filed for bankruptcy, the Department of Energy sent the company a check for nearly $1 million. The Department of Energy was aware of A123's pending transaction with a foreign company, Wanxiang.  In fact, the Energy Department was informed on August 3 and still gave the company more federal tax dollars. In addition, A123 confirms it has a federal government contract with a 'secret' security classification.  All of this paints a disturbing picture.  One, the Department of Energy is writing checks to a company literally as it is declaring bankruptcy.  Two, a private company and federal grant recipient has provided more disclosure about its operations and assurances about intellectual property and national security than our own Department of Energy.  The Department of Energy needs to answer for why it appears to put federal grants on auto-pilot to the detriment of U.S. taxpayers.  This can't stand."

A123 Systems, Inc.'s response to the senators is available here.

The senators' letter to A123 Systems is available here.

Floor Statement of U.S. Senator Chuck Grassley

the Fiscal Cliff

Thursday, November 15, 2012

 

Mr. President,

In less than two months, American taxpayers are set to experience one of the largest tax increases in American history.  With the elections behind us, it is time for us to work together to reach an agreement that can pass both chambers of Congress and be signed by the President.

Reaching an agreement won't be easy, but it must be done to avoid going head first off the fiscal cliff.  By this time we are all aware of the Congressional Budget Office warning that failing to come together threatens to send us into another recession.

An agreement is certainly doable.  But, all we hear about is what revenues Republicans are willing to put on the table.  We need to hear what the President and my colleagues on the other side are prepared to tackle in regard to reforming entitlements that are the long-term drivers of our fiscal problems.

That being said, we will not be able to reach an agreement if the other side continues to insist on punishing entrepreneurs and small businesses in the name of raising taxes on the wealthy.  My colleagues on the other side of the aisle seem to believe that tax increases, particularly on high-income individuals, do not matter.  They argue that raising taxes on the so-called wealthy will return us to the economic growth experienced at the height of the 1990s.

This defies common sense.  If you ask a business owner if raising his taxes will hinder his ability to grow his business, he assuredly will tell you they will.  He understands that the more the government takes from him, the less he has to put back into his business.

This is in line with the general understanding around here that taxes can be used as both a carrot and a stick to affect behavior.  If you want to discourage behavior you impose a tax.  If you want to encourage behavior you provide a tax incentive.

For example, the excise tax on cigarettes has been increased to reduce the number of people smoking.  A tax has been imposed on individuals for not purchasing insurance, so more will.  Our tax code is littered with tax incentives to get people to do more of the things we like and less of the things we don't like.  Individuals and businesses have and do respond to these incentives.

Yet, if we are to believe the other side, when it comes to marginal income tax rates the influence of taxes ceases to exist.  According to them, we can raise income taxes on the wealthy as high as we want with no ill effects for jobs and the economy.

Well, I have news for my colleagues; high marginal tax rates influence many factors that contribute to economic growth.  Capital accumulation and the availability of a well trained labor force are two important factors influenced by taxes.  Just as an increase in the excise tax on cigarettes leads to fewer packs of cigarettes being purchased, increasing taxes on capital reduces capital accumulation.  Likewise, the more you tax labor the fewer hours worked you will get.  In other words, taxes matter.

Some of my colleagues on the other side have pointed to a Congressional Research Service report they claim proves raising the top marginal tax rate does not impact economic growth.  There has been ample criticism of this one analysis that I will not go into here.

But, even if one gives any credence to this one analysis, it must be viewed in light of a larger body of economic research that indicates higher taxes do hinder economic growth.  This research confirms that high marginal rates reduce the hours worked and are a disincentive to small business owners and entrepreneurs.

Among this research is a 2007 study by Christina Romer that found that a tax increase of one percent of GDP reduces economic growth by as much as three percent.  According to this study, tax increases have such a substantial effect on economic growth because of the "powerful negative effect of tax increases on investment."

The last thing we need to do now is discourage business investment.  Business investment has been stagnant.  This has directly contributed to slower economic growth than in past economic recoveries.  It has also contributed to weak job creation and wage growth.

Raising marginal tax rates on entrepreneurs and business owners, thereby reducing their after-tax rate of return is not the answer.  We need to give entrepreneurs and business owners the certainty they need to start investing again.

The Organization for Economic Co-operation and Development (OECD) has issued several reports analyzing how different forms of taxation impact economic growth.  This OECD research found that income taxes significantly impact economic growth.

According to this research, the most damaging tax was the corporate income tax followed by the individual income tax.  The study further noted that highly progressive individual income tax rates are negatively associated with economic growth.

The United States of course relies extensively on both corporate and individual income taxes.  Our corporate rate of 35 percent is the highest in OECD countries, which is bad in its own right.  But a large number of American businesses are taxed at the individual rate, not the corporate rate.  We also already have a highly progressive tax system.  In fact, according to a 2008 OECD study we have "the most progressive tax system and collect the largest share of taxes from the richest 10 percent of the population."

Currently, the top individual rate of 35 percent is the same as the top corporate rate.  Starting in 2013, if the President has his way, the top rate goes up to 39.6 percent with the second highest rate scheduled to go up to 36 percent from 33 percent.  When you consider the effects of the personal exemption phase-out and limitation on itemized deductions, the marginal effective tax rate jumps to over 41 percent.

These tax increases will hinder the growth of small businesses, and of course, slower business growth means slow job growth.

Evidence of this is documented by a 2001 study available from the National Bureau of Economic Research.  This study looked at how the marginal rate cuts in the 1986 tax reform affected the growth of small firms.  The study showed that businesses that experienced the largest marginal rate cuts saw their businesses grow the fastest.  Conversely, the study concluded that when marginal tax rates go up, the growth of small businesses goes down.

Similarly, a 2005 study conducted by the Small Business Administration found that "lower marginal rates on entrepreneurial income encourage more entrepreneurial entry and lower rates of exit, and lengthen the duration of spells of activity."  This means that if my colleagues are successful in raising the top two marginal rates there will be less entrepreneurial activity. Fewer people will seek to start their own business and more current business owners will be looking to close up shop.

Further research confirms that high marginal tax rates leads to fewer hours worked.    A 2008 study that appeared in the Journal of Monetary Economics and a 2004 study conducted by the Federal Reserve Bank of Minneapolis examined how taxes impact the labor supply across time and across countries.

Both these studies found that countries with higher marginal tax rates generally worked fewer hours.  Conversely, those with low marginal rates worked more hours.  In fact, these studies, controlling for other variables, found that the marginal tax rate accounted for the "vast majority" or "preponderance" of the difference in hours worked.

Research by economist Michael Keane has highlighted that high marginal rates have the biggest impact on labor over the long-run.  This is because of the effect of marginal rates on lifetime decisions.

While a sudden increase in taxes may not lead to an immediate shift in current hours worked, it will impact future decisions.  For instance, higher marginal rates will discourage the accumulation of human capital through work experience and training.  His review of research in this area further concluded that the effect of high marginal tax rates is especially pronounced when it comes to women's participation in the workforce.

There are many more examples of economic research that points to high tax rates hindering economic growth.  For the sake of time, I am not going to go through all of them. Instead, I ask unanimous consent to place a list of more than 20 studies in the record.  This is by no means an exhaustive list, but I believe these provide a good starting point for my colleagues who are interested in learning the truth about taxes.

In sum, this research suggests that soaking the rich through an ever more progressive tax code will only reduce incentives for work and entrepreneurship thereby reducing economic growth.  It means that:

-              For a couple deciding whether or not a spouse who left the workforce should go back to work, taxes matter.

-              For an individual who is considering investing in their own human capital through education or training to increase their earning potential, taxes matter.

-              For a small business owner considering hiring employees, purchasing equipment, or expanding their business, taxes matter.

-              For an entrepreneur deciding whether or not a business venture is worth pursuing, taxes matter.

Let me turn to another argument used by my colleagues on the other side to support increasing taxes.  This argument is that tax increases on the wealthy are necessary to reduce the deficit and balance the budget.

The truth is there are not enough so-called rich people to make this happen.  Based on 2009 tax returns, if you raised the top tax rate on income over $200,000 to 100 percent, you would still come short of covering the $1.1 trillion budget deficit for fiscal year 2012.

This back of the envelope calculation assumes that people will not work less or engage in tax planning or fraud to avoid such a confiscatory tax.  I imagine my colleagues on the other side would even concede this would be the case with such a high rate.

For people out there who think they don't have to worry about the President's proposals because you are not wealthy, my message to you is this:  You should be worried, because in order to tackle the deficit and pay for all his proposed new spending, the President will have to increase taxes on individuals well under $200,000.

The President, of course, claims that he wants a balanced approach to deficit reduction.  He says we should do a combination of tax increases and spending cuts.  So far he has been rather specific about his tax increases.  However, he has not said much about entitlements that are going to be the main drivers of our national debt over the coming years and decades.

The President needs to lead in this area to get a serious discussion rolling.  He needs to begin offering serious solutions, not just attacking those that have been offered up by Congressman Ryan in his budget proposal.

Given my tenure in Congress, I have learned to be skeptical when people around here start saying we will reduce the deficit by raising taxes now and cutting spending later.  Especially when no specifics are articulated regarding what programs can be cut or what reforms they will accept for addressing entitlements.  It's been my experience in these situations, the taxes always go up, but the spending cuts never happen.

Professor Vedder of Ohio University, who has studied tax increases and spending for more than two decades, confirms this in recent research.  Professor Vedder looked at tax increases and spending spanning from the end of WW II through 2009 and discovered that  "each dollar of new tax revenue has been associated with $1.17 in new spending."

If we are ever going to get a handle on the deficit, we are going to need to learn to live within our means.  Spending as a percent of GDP has averaged about 20.5 percent since 1970.  From 1998 to 2001, when we did balance the budget, spending as a percent of GDP averaged 18.5 percent.  In fact we have never balanced the budget with spending as percent of GDP exceeding 20 percent.  Spending under President Obama has averaged 24.5 percent of GDP.  We must curtail our spending if we ever hope to balance the budget in the future.

Some around here insist that cutting spending will be as damaging, if not more so, than increasing taxes. They use the rationale of spending multipliers pushed by some economists that suggest for every dollar of spending by the government we will get more than a dollar in economic activity.

This theory is deeply flawed.  Even if we assume the government spends money wisely with no fraud, waste or abuse - and that is a big if - it means one less dollar to be spent by the private sector.

If this was solid economic theory our economy should be booming given all the money we have been spending around here.  The truth is spending is not the solution to our problems, it is our problem.  It is what got us into this mess in the first place.

For my colleagues who are still wedded to the idea that tax increases are preferable to spending cuts, I recommend reading a recent study by Harvard Economist Alberto Alesina.  Given the fiscal shape of many countries, Professor Alesina studied the impact of spending and tax policies put in place to address fiscal imbalances.

His research concluded that "fiscal adjustments based upon spending cuts are much less costly in terms of output losses than tax based ones.  In particular, spending-based adjustments have been associated with mild and short-lived recessions, in many cases with no recession at all. Instead, tax-based adjustments have been followed by prolonged and deep recessions."

This research paper comes on the heels of a paper he released in 2009.  This paper similarly found that policies favoring spending cuts over tax increases are more likely to reduce the deficit.

In the words of Professor Alesina, fiscal adjustments "based upon spending cuts and no tax increases are more likely to reduce deficits and debt over Gross Domestic Product ratios than those based upon tax increases."

These studies confirm what through shear common sense Winston Churchill knew more than a half century ago, "for a nation to try and tax itself into prosperity is like a man standing in a bucket and trying to lift himself up by the handle."

In the coming weeks, I hope to work with my colleagues and the President to reach a bipartisan agreement to help put our country back on sound fiscal footing.  However, as I said in the beginning, it can't be just one side of the aisle that is expected to come to the table.  My colleagues on the other side must be willing to put real reforms to address entitlements and our out of control spending on the table.

I yield the floor.

 

1.            Alberto Alesina, Carlo Favero, and Francesco Giavazzi. "The Output Effect of Fiscal Consolidations." National Bureau of Economic Research

2.            Michael Keane and Richard Rogerson. 2012. "Micro and Macro Labor Supply Elasticities: A Reassessment of Conventional Wisdom." Journal of Economic Literature.

3.            Michael Keane. 2011. "Labor Supply and Taxes: A Survey," Journal of Economic Literature.

4.            Christina D. Romer and David H. Romer. 2010. "The Macroeconomic Effects of Tax Changes: Estimates Based on a New Measure of Fiscal Shocks," American Economic Review.

5.            Robert Barro and Charles Redlick. 2010. "Macroeconomic Effects from Government Purchases and Taxes," Mercatus Working Paper.

6.            Andreas Bergh and Martin Karlsson. 2010. "Government Size and Growth: Accounting for Economic Freedom and Globalization," Public Choice.

7.            Andrew Mountford and Harold Uhlig. 2009. "What are the Effects of Fiscal Policy Shocks?" Journal of Applied Econometrics.

8.            Alberto Alesina and Silvia Ardagna. 2009. "Large Changes in Fiscal Policy: Taxes vs. Spending" NBER Working Paper.

9.            Jens Arnold. 2008. "Do Tax Structures Affect Aggregate Economic Growth? Empirical Evidence From A Panel of OECD Countries." Organisation for Economic Co-operation and Development Working Paper

10.          Lee Ohanian, Andrea Raffo, and Richard Rogerson. 2008. "Long-term Charges in Labor Supply and Taxes: Evidence from OECD Countries, 1956-2004," Journal of Monetary Economics.

11.          Diego Romero- Ávila and Rolf Strauch. 2008. "Public Finances and Long-Term Growth in Europe: Evidence from a Panel Data Analysis," European Journal of Political Economy.

12.          Donald Bruce and Tami Gurley. 2005. "Taxes and Entrepreneurial Activity: An Empirical Investigation Using Longitudinal Tax Return Data." Small Business Administration Office of Advocacy

13.          Edward Prescott. 2004. "Why Do Americans Work So Much More Than Europeans?" Federal Reserve Bank of Minneapolis Quarterly Review.

14.          Steven J. Davis and Magnus Henrekson. 2004. "Tax Effects on Work Activity, Industry Mix and Shadow Economy Size: Evidence from Rich-Country Comparisons," National Bureau of Economic Research.

15.          William M. Gentry and R. Glenn Hubbard. 2004. "Success Taxes, Entrepreneurial Entry, and Innovation, National Bureau of Economic Research.

16.          Emanuela Cardia, Norma Kozhaya, and Francisco J. Ruge-Murcia. 2003. "Distortionary Taxation and Labor Supply," Journal of Money, Credit, and Banking.

17.          Olivier Blanchard and Roberto Perotti. 2002. "An Empirical Characterization of the Dynamic Effects of Changes in Government Spending and Taxes on Output," Quarterly Journal of Economics.

18.          Fabio Padovano and Emma Galli. 2002. "Comparing the Growth Effects of Marginal vs. Average Tax Rates and Progressivity" European Journal of Political Economy.

19.          Fabio Padovano and Emma Galli. 2001. "Tax Rates and Economic Growth in the OECD Countries (1950-1990)," Economic Inquiry.

20.          Robert Carroll, Douglas Holtz-Eakin, Mark Rider and Harvey S. Rosen. 1998. "Entrepreneurs, Income Taxes, and Investment" National Bureau of Economic Research.

21.          Eric Engen and Jonathan Skinner. 1996. "Taxation and Economic Growth" National Tax Journal.

22.          Nada Elissa. 1995. "Taxation and Labor Supply of Married Women: The Tax Reform Act of 1986" as a Natural Experiment," National Bureau of Economic Research.

Working for Iowa puts Grassley on list with 23 others in Senate history

WASHINGTON - Senator Chuck Grassley has cast his 11,000 Senate vote.  Only 23 senators in history have cast more votes than Grassley.

In addition, no senator serving today has gone as long as Grassley has without missing a vote.  Grassley has cast 6,473 consecutive votes.

"Not missing votes is a way to demonstrate respect for the public trust I hold in representing Iowans and to do the job I'm elected to do," Grassley said.  "When the Senate's in session, I'm in Washington voting, and when the Senate is out of session, I'm in Iowa holding meetings with constituents."

Click here for comments made this afternoon by Senate Majority Leader Harry Reid, Republican Leader Mitch McConnell, and Senator Tom Harkin of Iowa.  Grassley's 11,000th vote was last evening.

Since Grassley was elected to the U.S. Senate in 1980, he has held at least one official meeting in every one of Iowa's 99 counties every year.  He calls the process of representative government a two-way street.  "I have a responsibility to go to Iowans to ask for their views and answer their questions, and they have a responsibility to let me know what they think.  I want to foster that process, and going to every county every year is a way to do so."

In the Senate, Grassley is the Ranking Member of the Senate Committee on the Judiciary.  He is a senior member and former Chairman and Ranking Member of the Committee on Finance.  He serves on the Agriculture and Budget committees and co-chairs the Caucus on International Narcotics Control.

Grassley is committed to congressional oversight of the executive branch of government.  His efforts have been recognized by whistleblower advocacy and government reform groups and journalist organizations for protecting press freedom and the First Amendment.  He fights for transparency in government and wherever tax dollars flow.

Grassley's legislative record of achievement includes expansive tax relief and reform, approval of international trade agreements, renewable energy and conservation incentives, farm program reforms, rural health care fairness, Medicare modernization, adoption and foster care incentives, access to health care for children with disabilities, updates to patent and trademark laws, expanded consumer access to generic drugs, measures to fight fraud against taxpayers, whistleblower protections, pension program reforms, bankruptcy reform, and making certain that members of Congress live under civil rights, labor and health care laws passed for the rest of the country.

Grassley is the eighth most senior member of the U.S. Senate and the fourth most senior Republican senator.

Other senators currently serving who have cast more than 11,000 votes are Senators Max Baucus of Montana, Thad Cochran of Mississippi, Orrin Hatch of Utah, Daniel Inouye of Hawaii, Patrick Leahy of Vermont, Carl Levin of Michigan, and Richard Lugar of Indiana.

Since 1789, there have been nearly 2,000 members of the U.S. Senate.  The last vote Grassley missed was in July 1993, when he accompanied President Bill Clinton to Iowa to inspect flood damage.

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WASHINGTON -- Sen. Chuck Grassley of Iowa and Sen. Mark Kirk of Illinois today announced they will object to Senate consideration of a Treasury Department nominee over the Treasury Department's lack of a response to the senators' letter seeking an explanation of apparent inaction to stem the dominance and inform the public of a rigged interest rate that affects mortgages, student loans, credit cards and other loans.

"Taxpayers need to know there's a cop on the beat at the Treasury Department, making sure the interest rates they pay on everything from home loans to retirement investments aren't rigged," Grassley said.  "If the attitude of the Treasury Secretary is that it isn't his responsibility to take action or to tell the public, that's going to harm confidence in our financial system and create a lack of certainty."

Grassley placed a statement in the Senate floor record, stating that he and Kirk will object to Senate consideration of Richard Berner to head the Office of Financial Research within the Department of the Treasury.  That office came about through the Dodd-Frank law and is designed to conduct studies and accumulate financial data.  The text of Grassley's statement follows here:

"Mr. President.  I, Senator CHUCK GRASSLEY along with Senator Mark Kirk, intend to object to proceeding to the nomination of Richard Berner to head the Office of Financial Research within the Department of the Treasury.

"We will object to proceeding to the nomination because the Department of the Treasury has refused to respond to a letter Senator Kirk and I sent on October 2, over six weeks ago, regarding the Treasury Secretary's actions when he became aware of the manipulation of the London Interbank Overnight Rate - or LIBOR.  The Department has also refused to provide the documents we requested.

"In addition, my staff has, on several occasions, attempted to schedule briefing times that are convenient for the Department.  The Treasury Department has cancelled each of these briefings and failed to cooperate in rescheduling at a mutually agreeable time.

"Because everything from home mortgages to credit cards was pegged to LIBOR, its manipulation affects almost every American.  Given the widespread effects of this manipulation, it is disturbing to see that the Treasury Department has thus far refused to answer basic questions and provide essential documents.

"It is critical for Congress to be able to ask questions and to have access to administration documents in order to conduct vigorous and independent oversight.  It is unfortunate that this administration, which has pledged to be the most transparent in history, consistently falls short of that goal."

In congressional testimony earlier this year, Geithner said that when as president of the Federal Reserve Bank of New York, he became aware of concerns that the LIBOR rate was being rigged, he deferred to the British central bankers to fix the problem.  Despite those concerns, Geithner appears not to have taken action "to diminish use of this flawed index in U.S. financial markets; to the contrary, Treasury's use of LIBOR has increased," Grassley and Kirk wrote in their Oct. 2 letter to Geithner.

Grassley and Kirk asked Geithner to answer questions including whether the Treasury Department considered the risk to U.S. borrowers, including state, municipal, and local governments facing higher debt burdens as a result of the LIBOR scandal; whether U.S. officials considered the litigation risks to U.S. borrowers in deciding to raise the LIBOR scandal only to the attention of British central banks rather than U.S. lenders and borrowers; and whether the Treasury Department's continued reliance on LIBOR is affecting borrower access to Small Business Administration loans.

Grassley and Kirk concluded, "In the wake of this scandal, we believe that it is essential to undertake steps to consider the creation of an American-based interest rate index. If U.S. investors and borrowers have suffered financial harm from our dependence on an index set in London, they have the right to expect the country's leaders to support better alternatives. Complacency in the wake of losses and lawsuits will diminish both investor and borrower confidence regarding debt securities issued in U.S. financial markets."

The text of the Grassley-Kirk Oct. 2 letter to Geithner is available here.

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WASHINGTON - A bipartisan group of four governors and a U.S. senator today urged Congress to extend the production tax credit for wind energy, one of a number of tax incentives scheduled to expire at the end of the year.

Governor Terry Branstad (R-Iowa) joined Sen. Chuck Grassley (R-Iowa) on Capitol Hill in Washington for a news conference which Governors John Kitzhaber (D-OR), Sam Brownback (R-KS) and John Hickenlooper (D-CO) joined by conference call.

The renewable energy leaders expressed optimism that Congress will approve an extension of the production tax credit for wind energy during the lame duck session that begins this week.

"Governors want to add perspective on the importance of extending the PTC," Branstad said.  "My state has directly seen the negative impact related to the PTC not being extended earlier.  For example, Siemans recently laid off over 400 employees at its plant in Fort Madison, Iowa, and Clipper Wind Power laid off 100 workers at its plant in Cedar Rapids, Iowa."

Grassley said the uncertainty about the future of this tax incentive and others "hurts the economic good these policies do, and Washington should have learned the lesson given by biodiesel when it was allowed to lapse two years ago.  "In addition to jobs being lost, an important source of domestic, renewable energy was hurt.  The wind-energy production tax credit is designed to level the playing field against coal-fired and nuclear electricity generation.  The credit has been tremendously successful for renewable energy development and job creation," he said.

"We need to invest in domestic energy sources that not only meet our energy needs, but create healthier communities.  We need to invest in energy resources that are clean and renewable, and affordable.  Few policies offer a better return on investment for our country than the wind energy production tax credit," Kitzhaber said.  "Nationally, the wind energy industry now drives $10-20 billion per year in private sector capital investment and employs 75,000 Americans.  These are jobs created right here in our own backyards that cannot be outsourced.

Branstad is chairman and Kitzhaber is vice chairman of the Governors' Wind Energy Coalition.  Brownback and Hickenlooper are members of the Coalition.

Grassley first authored the production tax credit for wind energy in 1992.  He has worked to extend it over the years and secured a one-year extension in legislation adopted in August by the Senate Finance Committee.  Grassley said no single energy tax incentive should be singled out over others before a broad-based tax reform debate.

 

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WASHINGTON - Senator Chuck Grassley, Ranking Member of the Senate Judiciary Committee, is pressing for a comprehensive plan from the federal judiciary in light of possible budget cuts due to sequestration.

Grassley said he became concerned after reading an email alerting him to the drastic measures the governing body of the federal court system would take if sequestration occurs.  The email lacked any reference to actions the courts should already be taking to limit unnecessary spending, such as limiting conferences expenses and travel for judges and other employees.  Savings generated by cutting these unnecessary expenditures could help the courts avoid layoffs, continue juror compensation, and ensure that defender services are maintained.

Grassley's concerns were presented today in a letter to Judge Thomas Hogan, the Director of the Administrative Office of the U.S. Courts which is the operating body of the federal court system.

"The entire federal government is going to be absorbing some difficult cost saving measures.  But, it's disappointing that the federal judiciary outlined draconian measures in a vague email instead of providing a comprehensive plan.  It seems to present a Chicken Little mentality without much effort and forethought into avoiding major disruptions.  The last thing we want is for people to be laid off or justice to be delayed," Grassley said.  "The federal court system should have a detailed plan to ensure as little disruption as possible in case sequestration occurs.  I've outlined a great deal of questionable spending by the federal judiciary that could easily be curbed to give the cost saving a jump start."

The Senate Judiciary Committee has jurisdiction over the federal courts system.  Grassley has been conducting oversight of unchecked spending by the federal judiciary for several years.

Here's a copy of the text of the letter to Hogan.  A signed copy can be found here.

 

November 8, 2012

Via Electronic Transmission

 

The Honorable Judge Thomas F. Hogan

Director

Administrative Office of the U.S. Courts

Thurgood Marshall Federal Judiciary Building

One Columbus Circle N.E.

Washington, D.C. 20544

 

Dear Judge Hogan:

The Administrative Office of the U.S. Courts (A.O.) sent an email recently to staff members of the Senate Committee on the Judiciary outlining the impact of the possible sequestration on the federal courts.  As Ranking Member of the Senate Committee on the Judiciary, I want to ensure the A.O. has a more comprehensive plan for sequestration than was outlined in the email.

The A.O. warned that "[a]n 8.2 percent cut could amount to a $555 million [funding] reduction" and would be "devastating."   In addition, the A.O. intimated the federal courts could be forced to downsize its staff across the country by approximately one third as well as potentially require involuntary separations and/or up to five weeks of furlough for court employees.  Your office also cautioned that defender services would be severely impacted by the suspension of payments to private attorneys and their staffs.  And finally, the A.O. suggested court security would be cut by fifty percent, and jurors would not be paid for their services.

There is no question that the funding reductions would be difficult to absorb.  However, I find it surprising that while the A.O. has been quick to outline the number of employees who would be either involuntarily separated or furloughed, other operational expenses are not mentioned.

For a number of years, I have been raising concerns about the significant amount of court funding spent on non-case related travel.  Thus far, the spending documents I have seen do not appear to justify the travel expenses associated with several events sponsored by various components of the judiciary.  For instance, the Ninth Circuit Court of Appeals recently held a weeklong conference in Maui, Hawaii, costing taxpayers well over $1 million.  In another example, five district courts requesting new judgeships spent over $635,000 and used at least 1362 paid work days for non-court related travel in 2010 alone.  Additionally, the Federal Public Defender's Office (FPDO) for the Eastern District of California recently spent at least $25,000 for an employee spa weekend.  And in fact, the 62 FPDOs across the country have spent at least $17 million on travel expenses over the past two years alone.  While these only represent several examples, if spending on items of this nature were curtailed, the savings could go a long way towards filling the funding shortfalls your office identified.

According to the March 13, 2012 Report on the Proceeding of the Judicial Conference of the United States,[1] the Budget Committee "developed a report to the Executive Committee on the status of the judiciary's cost-containment efforts."  The report states that "given the current and expected worsening funding climate facing the judiciary, it is essential that the judiciary complete and implement, as soon as possible, as many of these initiatives as feasible."

I agree wholeheartedly that the judiciary needs to seek out and implement cost-containment measures, but I strongly encourage the A.O. to review the judiciary budget as a whole to identify those measures.  For this reason, I am requesting the following additional information:

1)      The detailed plan for how the A.O. intends to meet effectively the demands of any potential sequestration, and the demands of the federal court system.

2)      The cost savings for each measure outlined in the plan provided in question (1) would generate.

3)      Details regarding the decision-making process for determining where funding cuts would be made, how deep those cuts would be, and what, if any, programs would not receive a funding reduction.

4)      Details about how funding for non-case related travel throughout the federal judiciary will be reduced.

5)      The results of the Federal Judicial Center survey of judges "to ascertain which resources they consider most (and least) essential to performing their official duties."[2]

Thank you in advance for your prompt attention to this matter.  I would appreciate receiving your response to this matter by December 4, 2012.  Should you have any questions regarding this matter, please do not hesitate to contact my staff at (202) 224-5225.

Sincerely,

Charles E. Grassley

Ranking Member

1.  Report of the Proceedings of the Judicial Conference of the United States, at 9 (March 13, 2012), available at  http://www.uscourts.gov/FederalCourts/JudicialConference/Proceedings/Proceedings.aspx?doc=/uscourts/FederalCourts/judconf/proceedings/2012-03.pdf

2 Id. at. 7.

 





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