Senate Judiciary Committee Oversight Hearings with Secretary Janet Napolitano, October 19, 2011, and Attorney General Eric Holder, November 8, 2011

Knowledge of Connection Between Agent Terry's Death and Fast and Furious

  • Senator Grassley: "Have you had any communications with Mr. Burke about Operation Fast and Furious?"

Secretary Napolitano: "When Agent Terry was killed, it was December 14th, I went to Arizona a few days thereafter to meet with the FBI agents and the assistant U.S. attorneys who were actually going to look for the shooters.  At that time, nobody had done the forensics on the guns and Fast and Furious was not mentioned.  But I wanted to be sure that those responsible for his death were brought to justice, and that every DOJ resource was being brought to bear on that topic.  So I did have conversations in - it would have December of '09 - about the murder of Agent Terry.  But at that point in time, there - nobody knew about Fast and Furious."

  • Senator Grassley: "When we met that day [on January 31, 2011], did you know that the guns connected to an ATF operation had been found at the Terry murder scene?"

Attorney General Holder: "I did not."

  • Senator Grassley: "Documents produced by the department suggest that your deputy chief of staff spoke with U.S. Attorney Dennis Burke about Fast and Furious, shortly after Agent Terry's death.  Did Mr. Wilkinson say anything to you about the connection between Agent Terry's death and the ATF operation?"

Attorney General Holder: "No, he did not.  The conversations that they had were about a variety of things.  I've looked at the emails.  Now the possibility of me coming out to at some point talk about being engaged in a press conference, other matters, but there was no discussion between them of the tactics that are of concern with regard to Fast and Furious and as a result of that, Mr. Wilkinson did not share information with me about his contacts with former U.S. Attorney, Burke."

FACT

The Attorney General's Deputy Chief of Staff Monty Wilkinson sent an email to U.S. Attorney Dennis Burke at 11:18 am on December 14, 2010, the day before Border Patrol Agent Brian Terry's death.  The email had only a subject line: "You available for a call today?"  On December 15 at 2:14 am, Burke responded: "Sorry for going dark on you.  I was at Navajo and Hopi all day and coverage was weak at best.  I did get your vm.  We have a major gun trafficking case connected to Mexico we are taking down in January.  20+ defendants.  Will call today to explain in detail."  Documents show that notice of Agent Terry's death was emailed to Burke an hour later, at 3:31 am.

According to emails produced by the Justice Department, Nathan Gray, Special Agent in Charge of the FBI's Phoenix Field Division, was at the press conference held that day to announce the death of Agent Terry, and was telling individuals there about the connection to Operation Fast and Furious.  Thus, by the time Secretary Napolitano visited Arizona a few days later, the FBI and the U.S. Attorney's Office were clearly aware of the connection.

The emails that have been produced by the Justice Department so far are insufficient to draw any conclusions about what Wilkinson and Burke may have discussed over the phone on December 15.  Whether any follow-up conversation between them included the fact that Fast and Furious guns were found at the scene will remain unknown until Burke completes his testimony, which was interrupted on an earlier date, and Wilkinson testifies for the first time.  Unfortunately, the Justice Department has to this point refused to make other witnesses with first-hand knowledge available for transcribed interviews.

It is clear, however, that multiple officials from multiple agencies knew almost immediately of the connection between Fast and Furious and Agent Terry's death, including Deputy Attorney General Gary Grindler.  The Department of Justice and the Department of Homeland Security have failed to adequately explain why Attorney General Holder and Secretary Napolitano allegedly remained ignorant of that connection.

Documents supporting the FACTS.

By U.S. Senator Chuck Grassley

From Washington, we hear a lot of big numbers rolling off the tongues of politicians, policy wonks and pundits. Let's talk turkey. Trimming the fat and finding slices of savings is increasingly difficult. Ideological and political beliefs run bone-deep for many lawmakers who come to the table representing opposing points of view from different geographic regions and cross-sections of the U.S. population.

Yet there is a common thread that seems to connect the American electorate, whether we align ourselves as urban or rural; young or old; liberal or conservative. People are fed up with the way Washington works.

Years of unrestrained government spending have blown the lid off of fiscal discipline, putting America's long-term prosperity at risk. Overpromising, over-regulating and overreaching will not help America's entrepreneurs, big thinkers, farmers, small business owners and other leaders out-innovate, out-educate and out-build our competition in the 21st century.

In the U.S. Senate, I work to do right by Iowans who have entrusted me to represent the interests of our state in Washington. I keep a close eye on the three branches of the federal government to make sure no one in the bureaucracy thumbs a nose at the rule of law or breaks the trust of the taxpaying public.

Family farmers have a sun-up to sun-down work ethic borne out of necessity to get the job done. Conscientious stewardship of one's financial and natural resources are basic to a farm's long-term prosperity and requires sacrifice and commitment. Risk is a 24-hour occupational hazard. Consider on-the-job work safety, natural disasters, swings in commodity prices and farm exports dependent upon international trade agreements. Farmers shoulder a burden of risk that's largely out of their control.

In good times and in bad, farmers weather the highs and lows of cyclical markets and the whims of Mother Nature.

Putting affordable food on the table is important now more than ever. The world's population reached seven billion this fall. In times of economic uncertainty and public discontent around the world, food security is a non-negotiable standard of public policy. It's a common thread that unites all of humanity, whether urban or rural; young or old; liberal or conservative.

As Washington works to help revive the U.S. economy, I'll continue working for American agriculture.

That includes helping to make sure independent producers and beginning farmers have a level playing field to compete and capture a fair share of the consumer's food dollar; adopting reasonable caps on farm program payments; and, breathing common sense into federal regulatory regimes, such as the EPA's ridiculous effort to regulate farm dust.

During this season of Thanksgiving, Barbara and I salute the family farmers who have chosen a noble profession and way of life to earn a living. Thanks to their stewardship, America's agricultural abundance is helping to feed, clothe and fuel a growing world population 365 days a year.

Q&A on Medicare open enrollment with U.S. Senator Chuck Grassley

Q:    What does open enrollment mean for seniors?

A:    The Medicare open enrollment period for 2012 is under way.  Any enrollee who wants to change plans needs to do so by December 7, 2011.   The annual enrollment period applies to Medicare Parts A and B, which is traditional Medicare; the alternative to Medicare Parts A and B, which is Medicare Advantage; and Medicare Part D, which is the prescription drug program added to Medicare in 2003.

During open enrollment, Medicare beneficiaries don't have to make changes if they don't want or need to.  They can switch from traditional Medicare to a Medicare Advantage plan, move from Medicare Advantage to traditional Medicare, or switch from one Medicare Advantage plan to another.  They can enroll in a Medicare prescription drug plan, drop Medicare prescription drug coverage, or switch from one drug plan to another.

Helpful consumer information is available at www.Medicare.gov/find-a-plan.

Q:    What happens if plans are discontinued?

A:    Most Medicare enrollees will not need to change plans, and most enrollees whose current coverage won't be available next year - whether it's Medicare Advantage or one of the Medicare drug benefit plans - will be enrolled automatically in a new plan, as spelled out in a Notice of Change that insurers were required to send beneficiaries in October.  However, automatic re-enrollment is not always the case, so it's important to read any paperwork you receive this fall.  You may need to re-enroll yourself.

Some insurance plans make changes to prescription drug plans.  It might be higher or lower costs, or the dropping or adding of medications.  Medicare beneficiaries should examine their plans for 2012 changes.  It's important to review your options every year for both financial and health needs.

For 2012, Medicare beneficiaries have plan options that offer enhanced coverage, including zero deductibles and coverage in the gap for generic drugs.  In Iowa, there are 33 Medicare prescription drug plans available for 2012.  These plans offer additional options, such as coverage in the standard benefit's coverage gap and a deductible below the standard $310, including plans without a deductible.  For 2012, the lowest Medicare prescription drug plan available in Iowa for 2012 is $15.10 per month.  Overall, drug plans have seen a slight decrease in premiums for 2012.  I co-authored the legislation that created the Medicare prescription drug program.  Competition among insurers was built into the program design to keep costs low for enrollees, and the program has delivered consistently better-than-expected results in keeping premiums low and affordable.  Beneficiary satisfaction also is high, with 95 percent of enrollees saying their Part D plan works well, and 94 percent saying it's easy to use, in a survey conducted this year.

Q:    What kind of help is available to sort through enrollment questions?

A:    Many states, including Iowa, have set up Senior Health Insurance Information Programs.  Iowa's program provides confidential guidance to individuals, and it's free of charge.  Those who have questions about plan options or unresolved issues with plans should call the Senior Health Insurance Information Program, or SHIIP, at 1-800-351-4664.

Monday, November 21, 2011
WASHINGTON - Senator Chuck Grassley has asked Chief Justice John Roberts to provide audio and video coverage of the landmark Supreme Court proceedings of the federal health care reform law.  Grassley is the author of legislation that would allow cameras in federal courts.  The bipartisan legislation has passed the Senate Judiciary Committee.

"Cameras in federal courtrooms are at the very heart of an open and transparent government.  Broadcasting the health care reform law proceedings would not only contribute to the public's understanding of America's judicial system, but provide an excellent educational opportunity on a case that has the potential to have a far reaching impact on every American," Grassley said.  "This law is massive in size and scope.  Its effect is reverberating throughout America's economy.  The constitutional questions are landmark.  The public has a right to hear and see the legal arguments."

Grassley first introduced the Cameras in the Courtroom legislation in 1999.  Since then, the Chief Justice has immediately released audio of oral arguments of compelling cases.  The first release came when, at the request of Grassley and others, then Chief Justice William Rehnquist allowed for the release of audio immediately following oral arguments in the Florida election matter in 2000.  Since then, Chief Justice John Roberts has released audio recordings the same day of the oral arguments for more than 20 cases, including Grutter v. Bollinger, D.C. v. Heller, the Guantanamo Cases and the Citizens United Case.

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

 

 

November 15, 2011

The Chief Justice

The Supreme Court of the United States

Washington, DC 20543

Dear Chief Justice Roberts:

I am writing to request that the Supreme Court exercise its discretion to permit television coverage of Supreme Court proceedings when the Court hears arguments in the case of the federal health care reform law.  It is my understanding oral arguments will take place in March of next year.

The decision in this case has the potential to reach every American.  The law is massive in size and scope.  The effect of the law, and the Court's decision, will reverberate throughout the American economy.

The constitutional questions presented in the case are momentous. The public has a right to witness the legal arguments likely to be presented in the case: (1) the constitutionality of the individual mandate; (2) the severability of the individual mandate and whether or not the remainder of the law is valid without the mandate; and (3) the authority of Congress to impose mandatory Medicaid coverage thresholds on states.  Given the nature of the topic, everyone in the country would benefit from following the proceedings in this landmark case.

Modern technology makes televising the proceedings before the Court simple and unobtrusive.  A minimal number of cameras in the courtroom, which could be placed to be barely noticeable to all participants, would provide live coverage of what may be one of the most historic and important arguments of our time.  Letting the world watch would bolster public confidence in our judicial system and in the decisions of the Court.

Providing live audio and video coverage of the oral arguments will be of great benefit to the Court and to the public.  Letting the world watch these historic and important proceedings will bolster confidence in our judicial system and the decisions of the Court.

Sincerely,

Charles E. Grassley

United States Senator

 

Senate Judiciary Committee Oversight Hearing with Attorney General Eric Holder, Nov. 8, 2011

 

U.S. Guns in Mexico

 

Attorney General Holder: "[O]f the nearly 94,000 [weapons] that have been recovered that have been traced in Mexico in recent years, over 64,000 of those guns were sourced to the United States of America; 64,000 of 94,000 guns sourced to this country."

FACT

The definition of a "U.S. source gun" used in these often cited statistics was not created by the ATF and is overly broad.  It includes guns manufactured in the United States even if never sold by a federally licensed gun dealer in the United States.  Such weapons may have been legally exported to foreign governments or stolen before falling into the wrong hands.  That cannot be properly blamed on Americans exercising their Second Amendment freedoms.

According to ATF statistics, of the 21,313 guns submitted for tracing by the government of Mexico in 2009, only 5,444 of them (25 percent) traced back to federally licensed gun dealers in the United States.  Similarly, in 2010, of 7,971 guns submitted for tracing by the government of Mexico, only 2,945 (37 percent) traced back to federally licensed gun dealers in the U.S.

The reason for the large disparity between the overall numbers of guns submitted in those two years is that in late 2009, the government of Mexico provided the United States with a large list of guns it had been stockpiling for years.  Accordingly, 2009's numbers do not reflect guns that were seized exclusively in 2009, but rather for a number of the preceding years.

Additionally, any statistics on the percentage of such guns tracing back to the United States are further skewed because of selection bias.  As it has been widely noted, the government of Mexico only provides guns to the United States for tracing that they already have reason to believe originated here.  There is no reason to submit for tracing guns that are known to originate in Mexico.

In a November 8, 2011, court filing, the Chief of ATF's Firearms Operations Division made a declaration that "in 2008, of the approximately 30,000 firearms that the Mexican Attorney General's Office informed ATF that it had seized, only 7,200, or one quarter of those firearms, were submitted to ATF for tracing."  Based on these statistics, it's clear that the total sample of guns submitted for tracing is not representative of all the guns found in Mexico, and there isn't evidence that the other 75 percent of those guns were sold in a U.S. gun store.

Documents related to the FACTS.

Senate Judiciary Committee Oversight Hearing with Attorney General Eric Holder, Nov. 8, 2011

·           Senator Grassley: "Who will be held accountable for allowing a letter to Congress with a statement that many people in the Justice Department knew was false?

Attorney General Holder: "Well again I - I have to dispute, with due respect, the assertion that people in the Justice Department knew it was false."

·           Attorney General Holder to Senator Cornyn: "February the 4th, the information that was contained in that letter was thought to be accurate.  It wasn't until sometime after that that we had a sense that the information was not, in fact, accurate.  So it wasn't as if the date upon which we knew the information was inaccurate was on February the 4th."

·           Senator Lee: "And - and you've reiterated several times that people within the Department of Justice believed that the initial statements denying knowledge of Fast and Furious were accurate.  They believed they were accurate.  Obviously these were some people and not all people, right?  Because clearly some people knew.

Attorney General Holder: "Exactly."

FACT

On November 1, 2011, Assistant Attorney General Lanny Breuer admitted in testimony before the Senate Judiciary Subcommittee on Crime and Terrorism that he knew the statement in the February 4th letter to Senator Grassley was absolutely false.  Mr. Breuer had admitted in a statement issued the day before, on October 31, 2011, that gunwalking in a case known as Operation Wide Receiver was brought to his attention in April 2010.  Documents produced by the Justice Department show that in addition to Mr. Breuer, his Deputy Assistant Attorney General Jason Weinstein, leadership within the Gang Unit of the department's Criminal Division, and various Gang Unit prosecutors were also aware that guns had been walked in Operation Wide Receiver.  Thus, many senior officials at Justice Department headquarters clearly knew that it was false to assert that "ATF makes every effort to interdict weapons that have been purchased illegally" ? because they at least knew that ATF had walked guns in Wide Receiver.  Correspondence that has been produced in response to Freedom of Information Act requests makes clear that the Criminal Division reviewed the February 4 letter multiple times before it was sent to Senator Grassley.

 

Further, as a follow-up to the letter, Deputy Assistant Attorney General Weinstein conducted a widely-attended briefing on February 10, 2011 for staff of Senate Judiciary Committee members.  In that briefing, Mr. Weinstein did not disclose the gunwalking to staff, and clearly left the impression that they stood by the Justice Department's Feb. 4 denial of the whistleblowers allegations, even though he was the same individual who brought gunwalking to Mr. Breuer's attention nine months earlier in April 2010.

During his weekly video address, Senator Chuck Grassley says thank you to all American veterans for their outstanding service and tremendous sacrifices on Veterans Day and discusses tax policy to encourage employers to hire qualified veterans who have recently completed their military service.

 

Click here for audio.

 

Here is the text of the address:

A difficult job market is challenging the soldiers, sailors and airmen who have protected America's interests by serving in the Armed Forces.  The unemployment rate for veterans is higher than for non-veterans nationwide.  These men and women are extremely capable.  They have valuable skills to offer the workplace.  They need job opportunities.  This week, the United States Senate took action to help by passing legislation to encourage employers to hire veterans.

The legislative proposal that passed builds on previous legislation put forward by Senator Max Baucus and me, as part of our bipartisan work on the Senate's tax policy committee.  That law expired at the end of 2010.  What's now been renewed and passed by the Senate would increase the reward for employers for hiring qualified veterans who have recently completed their service in the military.  The new version of the tax credit also would make it easier for veterans and small businesses to use.

Veterans - including those men and women who were activated by their states as members of the National Guard - will be helped by this tax incentive.  It was passed by the Senate as our nation pauses for Veterans Day.

The eleventh day of the eleventh month is designated as Veterans Day to celebrate as a national community and honor America's living veterans for their courage, patriotism and sacrifice.  America's veterans put their lives on the line to defend freedom, protect national security and secure the safety of loved ones here at home.  Like all those uniformed men and women in whose footsteps they follow, members of the Armed Forces continue to make the words "land of the free and home of the brave" ring true.  We owe our liberty and our way of life to them.

So -- to all of those who have answered the call of duty and served -- I thank you for defending my freedom and the freedom of all Americans.  Those words cannot be said enough.  It's our duty and our privilege to honor all American veterans for their outstanding service and tremendous sacrifices on Veterans Day and every day.

-30-
WASHINGTON - Senator Chuck Grassley is continuing his effort to restore public access to data on malpractice payouts, hospital discipline and regulatory sanctions against doctors and other health professionals and to hold accountable the federal government official who shut down access to this information.

In a letter sent to the Secretary of Health and Human Services, Grassley said the department's response to his inquiry of October 7 was incomplete even while revealing that the Health Research and Services Administration (HRSA) prematurely jumped to conclusions regarding a reporter who used publicly available information to track down the identity of a doctor with a record of malpractice cases.  Grassley said that in doing so, the federal government undermined its own mandate to "enhance the quality of healthcare, encourage greater efforts in professional peer review and restrict the ability of incompetent healthcare practitioners to relocate without discovery of previous substandard performance or unprofessional conduct."  Instead, Grassley said it looks like HRSA was trying to protect a single physician who had a malpractice suit and disciplinary action filed against him.

Grassley said whoever made this decision needs to be held accountable and that the Public Use File in question should be fully restored on the HRSA website.  "Department officials are misguided if they think they can make this issue go away with the response sent to my first letter of inquiry," Grassley said.  "This database contains information intended for public consumption, and efforts to shutter access will be fought by those of us committed to transparency where public dollars and the public interest are at stake."

Click here to read Grassley's November 3 letter.  Click here to read Grassley's October 7 letter.  Click here to read Grassley's October 17 letter.  Click here to read the response from the HRSA Administrator to Grassley's October 7 letter and attachments one, two and three.

 

In addition, below is the text of Grassley's November 3 letter.

November 3, 2011

 

The Honorable Kathleen Sebelius

Secretary

U.S. Department of Health and Human Services

200 Independence Avenue, SW

Washington, D.C., 20201

 

Dear Secretary Sebelius:

On October 7, 2011, I wrote to the Health Research and Services Administration (HRSA) regarding its decision to remove the publically available National Practitioner Data Bank's (NPDB) Public Use File (PUF) from its website.  For years the PUF has served as the backbone in providing transparency for bad acting healthcare practitioners and has been used by researchers and consumer groups to calculate trends in disciplinary actions by state medical boards.

On November 1, 2011, HRSA responded to my letter and provided a set of heavily redacted documents.  However, HRSA failed to respond fully, and the information provided raises additional concerns.  For example, question 4 asked who was responsible for the decision to remove public access to the PUF and the response merely said it was made by HRSA leadership.

Question 1 asks HRSA how it reconciles the claim in the letter to Mr. Bavley that "information reported to the NPDB is confidential and it's not to be disclosed or redisclosed outside of HHS except in furtherance of professional review activities" with the fact that the statute clearly contemplates that the data will be public in a de-identified form. HRSA responded by stating:

The initial information HRSA received did not indicate Mr. Bavley had used the Public Use File (PUF).  . . . HRSA's letters related to use of confidential data from NPDB itself-not from the Public Use File.  Mr. Bavley subsequently informed HRSA that he had not used the NPDB, but had instead conducted research using data from the PUF.

HRSA's response makes it apparent that HRSA simply accepted the complaint of the physician involved at face value and jumped to conclusions about how Mr. Bavley obtained the information.  Once HRSA learned of its mistake, it then compounded the error by shutting down access to information that Congress intended to be public through the PUF.  All Mr. Bavley did was use publicly available data, and HRSA's response to that was to shut down access to that data for everyone.  Moreover, HRSA has still failed to restore the PUF to its website.

Perhaps more puzzling is why HRSA was going against its mandate with respect to the NPDB PUF.  The intent of the legislation that created the PUF was to enhance the quality of healthcare, encourage greater efforts in professional peer review and restrict the ability of incompetent healthcare practitioners to relocate without discovery of previous substandard performance or unprofessional conduct.  However, from the documents provided by HRSA it appears that instead of protecting the interest of public health, its purpose was to protect a single physician who had a malpractice suit and disciplinary action filed against him.

Instead of conducting its own research into the professional conduct of Dr. Tenny, HRSA appears to have over reacted to the complaint of a single physician based on no evidence other than that he received a call from the press.   This action, and the subsequent action of removing public access to the PUF, flies in the face of HRSA's mandate to enhance the quality of healthcare.

In light of all these circumstances, full public access to the PUF should be restored to HRSA's website immediately.  Additionally, I request that the individual at HRSA responsible for the decision to remove the public access to the PUF come in and brief my staff immediately.  As part of this briefing, please bring the unredacted copies of all documents HRSA supplied as part of my initial inquiry.

Should you have any questions regarding this letter, please contact Erika Smith of the Senate Judiciary Committee staff at (202) 224-5225.  Thank you for your immediate attention to this important matter.

Sincerely,

Charles E. Grassley

Ranking Member

WASHINGTON -- Senate Judiciary Committee Ranking Member Chuck Grassley is leading an effort to make sure the Obama administration is not turning a blind eye to local governments that resist in cooperating with federal immigration authorities and blatantly ignore the immigration status of individuals with whom they come into contact.

In a letter to Department of Homeland Security Secretary Janet Napolitano, Grassley, along with Senators John Cornyn of Texas, Tom Coburn of Oklahoma, and Jeff Sessions of Alabama, wrote that they were specifically concerned about the department's handling of Cook County, Ill.  The senators wrote that in a meeting with Gary Mead, the Executive Associate Director of Enforcement and Removal Operations at Immigration and Customs Enforcement, "Senate Judiciary Committee minority staff were told that Cook County presents a major problem for immigration enforcement efforts.  In fact, Mr. Mead said that Cook County is the most egregious example of sanctuary city policies and that this situation presents 'an accident waiting to happen.'"

"The Secretary needs to step up and take control of this situation before Cook County's ordinance is copied by other local governments," Grassley said.  "These anti-enforcement policies are allowing criminals to walk free and putting the safety of the public at risk."

In addition, recent press reports indicate that much to the chagrin of local Border Patrol agents, the U.S. Border Patrol ended transportation checks on random busses, trains and airports.  According to agents, the searches were an effective tool for deterring illegal immigration.

"This all adds up to an administration that has little concern with the rule of law.  Sanctuary cities undermine the ability of law enforcement personnel to enforce the laws on the books, and until the administration shows a desire to put an end to the practice, local governments will continue to thumb their nose at law enforcement," Grassley said.

Here is a copy of the text of the letter.  A signed version of the letter can be found here.

 

November 2, 2011

 

 

The Honorable Janet Napolitano

Secretary

Department of Homeland Security

Washington, DC 20528

 

Dear Secretary Napolitano:

 

We write to express serious concerns about the Administration's lack of attention to local law enforcement jurisdictions that enact policies that undermine federal immigration law.  Specifically, we are very concerned with policies enacted by Cook County, Illinois, and how your department is responding to them.

 

At the Senate Judiciary Committee hearing on October 19, you were asked if you had communicated with Cook County officials about a recently passed ordinance that prohibits federal government officials from having access to undocumented persons detained by the county.  This ordinance aims to free suspected undocumented individuals jailed by the county on misdemeanor cases, in spite of requests from federal law enforcement to hold them for possible deportation.  During the hearing, you indicated that you had not participated in any discussions with Cook County.  You also indicated you had not had any discussions with the Justice Department about how they will handle local jurisdictions, such as Cook County, that harbor undocumented individuals.

 

When briefed by Gary Mead, Executive Associate Director of Enforcement and Removal Operations at Immigration and Customs Enforcement (ICE), Senate Judiciary Committee minority staff were told that Cook County presents a major problem for immigration enforcement efforts.  In fact, Mr. Mead said that Cook County is the most egregious example of sanctuary city policies and that this situation presents "an accident waiting to happen."  Mr. Mead also reported that the Department is relying on the ICE District Director to resolve the situation, although ICE Assistant Secretary Morton has taken some direct steps to address the matter.

 

We would like to know what specific steps have been and will be taken by your Department to compel Cook County to reverse its policy of ignoring immigration detainers.  In addition, we would request an overview of meetings held between federal officials and Cook County, including any emails or other documentation that exist, to understand how the federal government has been or is attempting to rectify the situation.

 

More importantly, we urge you, as Secretary, to take a direct role in this matter.  Cook County's ordinance is a serious threat to the public's safety that requires your immediate and personal attention.  This is too important of an issue to go unresolved, and as a matter of national security, we urge you to take control of the situation so that detainers are not ignored and undocumented individuals are properly detained and put in deportation proceedings.

 

Finally, we encourage you and your colleagues in the Administration to seriously consider taking action against local or state jurisdictions that enact policies that purposely undermine the law or encourage their officers not to cooperate with the federal government when it comes to immigration enforcement.  Given the current fiscal crisis facing the federal government, serious consideration should be given to withholding federal grant dollars to local or state jurisdictions that fail to cooperate with the federal government on immigration enforcement.  The Administration has a responsibility to ensure that the homeland is protected, and it must not turn a blind eye to such entities that proactively defy the immigration laws we have on the books.

 

Thank you and we look forward to your timely response.

 

 

Sincerely,

 

Chuck Grassley

John Cornyn

Tom Coburn

Jeff Sessions

Wednesday, October 19, 2011

Senator Chuck Grassley made the following comment about the decision by the Federal Emergency Management Agency, or FEMA, to make Iowans in Fremont, Harrison, Mills, Monona and Pottawattamie counties eligible for Individual Assistance in response to damage caused by this year's Missouri River flooding.  Senator Grassley urged FEMA to reverse its previous position, under which Iowans in these areas would have access to Individual Assistance, in personal meetings with the Administrator of FEMA, W. Craig Fugate, and in a recent letter endorsing Governor Branstad's appeal to FEMA.

Grassley comment:

"Iowans who lost their homes and businesses in the Missouri River flooding this year deserve to be treated fairly, and this decision is a very significant move in that direction.  It's only right that Iowa flood victims be treated equitably, compared to the kind of assistance given to flood victims elsewhere, including right across the river from Iowa.  The magnitude and severity of the Missouri River flooding in Iowa merits maximum eligibility for federal disaster relief."

In addition to flood recovery, Senator Grassley's efforts continue for flood prevention and control.  Yesterday he testified before a U.S. Senate Environment and Public Works Committee hearing reviewing the 2011 floods and the condition of the nation's flood-control systems.  He also met one-on-one yesterday afternoon with Brigadier General John McMahon, who is in charge of the Northwest Division of the Corps that handles the portion of the Missouri River in Iowa.

Grassley comment:

"Serious questions have been raised about the way the U.S. Army Corps of Engineers has managed flows on the Missouri River.  The Corps needs to fully account for its decisions of the last year, and the actions and proposals for the future management of the Missouri River need to be carefully examined to avoid a repeat of what we saw this year.  In addition to securing a long-term fix to make flood control the top priority for Corps management of the Missouri River, there's an important immediate issue about when to evacuate water being held upstream in order to make room for next year's runoff, while also allowing time this year for evaluation and repair of dams and water-logged levees downstream.  It's not possible to complete all of these repairs before winter sets in, so everything possible needs to be done to protect residents along the Missouri River from flooding again next year."

According to FEMA, there are four ways to register for Individual Assistance:

  1. Call 1-800-621-FEMA (3362). Operators assist callers seven days a week from 7 a.m. to 10 p.m. Help is available in most languages. If an individual has a speech disability or hearing loss and use a TTY, they can call 1-800-462-7585.
  2. Register online at www.DisasterAssistance.gov.
  3. Register using a tablet or smartphone by visiting m.fema.gov.
  4. For individuals who use 711 or Video Relay Service (VRS), they can call 1-800-621-3362.

***

State of Iowa

Federal Disaster Declaration Fact Sheet

October 18, 2011

On June 27, 2011, President Obama issued a major disaster declaration for the State of Iowa triggering the release of Federal funds to help communities recover from Flooding, which occurred May 25, 2011, to August 1, 2011.  This disaster declaration has been amended as indicated below in bold. Details of the disaster declaration and assistance programs are as follows:

Declaration Number:                        FEMA-1998-DR

Incident:                      Flooding                      

Incident Period:                        May 25, 2011, to August 1, 2011

Federal Coordinating Officer:            Michael R. Scott

National FCO Program

Individual Assistance (IA):               Assistance to Individuals and Households.

IA - Designated Counties:                Fremont, Harrison, Mills, Monona, and Pottawattamie.

Public Assistance (PA):                      Assistance for emergency work and the repair or replacement of disaster-damaged facilities.

PA - Designated Counties:                Fremont, Harrison, Mills, Monona, Pottawattamie, and Woodbury for Public Assistance, including direct Federal assistance.

Hazard Mitigation (HM):                    Assistance for actions taken to prevent or reduce long-term risk to life and property from natural hazards.

HM - Designated Counties:               All counties in the State of Iowa are eligible to apply for assistance under the Hazard Mitigation Grant Program.

OTHER:                         Additional designations may be made at a later date if requested by the State and warranted by the results of further damage assessments.

***

For Immediate Release

Thursday, October 6, 2011

Grassley urges consideration of Governor Branstad's appeal to FEMA

 

WASHINGTON - Senator Chuck Grassley today asked the top official of the Federal Emergency Management Agency to consider an appeal made by Governor Terry Branstad to make Iowans living in Fremont, Harrison, Mills, Monona, Pottawattamie and Woodbury counties eligible for individual disaster assistance.

"It's only fair that residents of these Iowa counties be eligible for individual assistance, especially considering the latest about the magnitude and severity of the Missouri River flooding," Grassley said.

In June, the President issued a major disaster declaration in response to the flooding.  Grassley has met personally with FEMA Administrator W. Craig Fugate this year and pressed for Iowans to receive assistance that is equitable to that provided elsewhere.  Here is the text of Grassley's October 6 letter to Fugate:

October 6, 2011

The Honorable W. Craig Fugate

Administrator

Federal Emergency Management Agency

U.S. Department of Homeland Security

500 C Street SW

Washington, DC 20472

Dear Administrator Fugate,

I respectfully ask that you consider the appeal that Governor Branstad submitted today for Individual Assistance for Fremont, Harrison, Mills, Monona, Pottawattamie, and Woodbury Counties.  On June 27, 2011, President Obama issued a major disaster declaration for the State of Iowa in response to the record amounts of rain and snowmelt which led to unprecedented runoff in the Missouri River basin during the months of May, June, and July.

It is my understanding that additional information has been gathered since the original request was submitted that clarifies the magnitude and severity of this disaster.  Individual Assistance will be vital in helping Iowans, who have endured prolonged hardship over the past four months, recover.

Thank you for your prompt consideration of this appeal.

Sincerely,

Charles E. Grassley

United States Senator

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