In testimony before the Senate Judiciary Committee earlier this week, Clapper said that the partial shutdown of the federal government will increasingly jeopardize the safety and security of the country.

Grassley said that the law allows flexibility for the intelligence community to "except" employees from furloughs who are needed to ensure national security.

In the letter to Clapper, Grassley wrote, "There appears to be no reason why the fundamental national security of the Nation should be compromised during the partial government shutdown."

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

October 4, 2013

Via Electronic Transmission

The Honorable James R. Clapper

Director of National Intelligence

Washington, DC 20511

Dear Director Clapper:

I write today to follow up on your recent testimony to the Senate Judiciary Committee concerning the effects of the partial government shutdown on the Intelligence Community ("IC").

During your testimony, you asserted that the legal standard governing whether personnel are engaged in excepted activities under the Antideficiency Act, and therefore may continue to work in the absence of appropriations, is whether their activity is "necessary to protect against imminent threat to life or property."[1] As a result of the furloughs affecting the IC, you stated that you could not guarantee that the Nation remains as safe as it was before the shutdown began.  "As each day goes by," you maintained, "the impact and jeopardy to the safety and security of this country will increase."

Respectfully, for the reasons stated below, your testimony appears to reflect both a misreading of the law and a failure of leadership.

There is longstanding authority for the proposition that the necessary national security functions of the federal government are excepted under the Antideficiency Act as "authorized by law," [2] even if their suspension does not imminently threaten the safety of human life or the protection of property.[3] Indeed, a previous Attorney General concluded that the President has the inherent authority to obligate funds to carry out specific powers granted to him by the Constitution, such as those related to national security, on this basis.[4] As far back as 1981, executive departments and agencies were advised that excepted activities include those that "[p]rovide for the national security."[5] The non-partisan Congressional Research Service has concluded that "[n]ational security-related activities, may, then, be among those for which obligations in advance of appropriations are considered to be 'authorized by law' . . . and are permitted independently of

. . . whether or not they protect [against imminent threats to] life or property."[6]

Guidance documents prepared by the Administration relating to the current shutdown appear to reflect this common sense interpretation of the law.  The furlough notice reportedly received by NSA employees on October 1, 2013 listed as excepted functions "[a]ctivities required for national security," including - but not limited to - those involving "the safety of human life or the protection of property."[7] In addition, the contingency plan guidance issued in September 2013 by the Deputy Secretary of Defense, on which you were copied, lists the following as excepted activities: "[c]ommand, control, communications, computer, intelligence, surveillance, and reconnaissance activities required to support national or military requirements necessary for national security."[8]

In light of the above authority and guidance, there appears to be no reason why the fundamental national security of the Nation should be compromised during the partial government shutdown.[9] In fact, it is your role as Director of National Intelligence to ensure that the work the IC performs that is necessary for the Nation's security continues uninterrupted.  You asserted during your testimony that you were considering recalling certain employees from furlough status.  However, under the law, those IC employees necessary to maintain our national security should never have been furloughed in the first place.

In any event, if for whatever reason you believe that the shutdown is interfering with the necessary national security functions of the IC, it is incumbent upon you, as the leader of the IC, to press the President and Congress to work together to pass emergency legislation to adequately fund the IC during the shutdown without delay.

Sincerely,

Charles E. Grassley

Ranking Member

Q&A on Breast Cancer with U.S. Senator Chuck Grassley

Q:        Why is October proclaimed National Breast Cancer Awareness Month?

A:        Consider this annual campaign as a catalyst that can help save lives.  Let's put it this way: Breast cancer has the potential to affect every American across the United States.  By calling attention to this insidious disease, National Breast Cancer Awareness Month helps to educate the public about symptoms, risk factors, screenings and prevention.  It also serves as a reminder to diagnosed patients, survivors and victims' loved ones that America stands strong in the march to find a cure.  By year's end, breast cancer will turn the lives of hundreds of thousands of Americans upside down.  The National Cancer Institute projects 232,340 women and 2,240 men will be diagnosed with breast cancer in 2013.  And 39,620 families will lose their grandmother, mother, wife, sister, daughter, aunt, niece or granddaughter to this disease before the New Year. The State Health Registry of Iowa estimates 2,300 women will be diagnosed with breast cancer in 2013; 410 Iowa women will lose their life to the disease.  Designating the month of October as National Breast Cancer Awareness Month helps mobilize communities across the country to show solidarity.

Q:        How do you observe this campaign?

A:       For starters, I give thanks and praise that I'm able to wish my wife Barbara another happy, cancer-free birthday.  Barbara is a 26-year breast cancer survivor whose birthday coincides with National Breast Cancer Awareness Month.  Like many survivors, Barbara attributes early detection and treatment with her recovery and survival.  Barbara also uses her birthday as a personal reminder to schedule her annual mammography screening.  We are grateful to participate in community awareness events, such as Race for the Cure, to stand together with families who have confronted this disease and the risk of losing everything from it.  Barbara and I want to show support for Iowa families struggling with a diagnosis, enduring treatment, considering preventive medical choices stemming from inherited genetic mutations to reduce risk of the disease, or mourning the loss of a loved one.  Since Barbara's diagnosis in 1987, America has made promising medical advances in the effort to diagnose, treat, prevent and find a cure to this second-leading cancer killer of women.

Q:        How can Iowans get involved to make a difference?

A: First, I would kindly challenge Iowans to hold their loved ones accountable.  Ask them if they conduct monthly self-exams.  Check whether they are up-to-date on an annual clinical breast exam from a medical provider.  Make sure they have had their mammography screening, which is considered the gold standard for early detection.  If not, don't drop the issue until one is scheduled.  The five-year survival rate if diagnosed and treated before the cancer spreads beyond the breast approaches 99 percent. Look for events, races and fund-raisers in local communities and neighborhoods.  Patronize local businesses that donate proceeds to breast cancer prevention and research.  National Breast Cancer Awareness Month helps keep America a step ahead of this pervasive disease by firing up the public's attention, fueling fund-raising and focusing on the life-saving screenings, treatments and research that save lives.  When it comes to public health and wellness, complacency could be considered public enemy no. 1.  Men and women need to know the warning signs to fight this disease.  The population considered at higher risk for breast cancer includes older women, those who have a family history of the disease, and obesity, particularly post-menopausal. It is said an ounce of prevention is worth a pound of cure. Choosing healthy lifestyles and following early, consistent screening recommendations will increase the odds Iowans will celebrate the gift of life with loved ones for many years to come.

For more information, visit the National Breast Cancer Awareness Month website at http://www.nbcam.org.  This year-round online resource offers a virtual repository of information to learn more about breast cancer, breast health, the latest developments in research, awareness events and patient resources.

DES MOINES - AFSCME Iowa Council 61 President Danny Homan issued the following statement regarding the layoffs of 69 Iowa Workforce Development employees and 111 Iowa Department of Public Defense (Iowa National Guard) workers due to the shutdown:

"The consequences of these layoffs are appalling. At Iowa Workforce Development these layoffs will result in only three people being left to respond to work place fatalities and injuries for our entire state. Work places will be less safe, which will result in more dangerous accidents on the job. Job assistance for veterans is also being heavily impacted by these layoffs. Workforce Development employees working in information technology and labor market information are also being laid off and will face financial hardship.

"At the Iowa Department of Public Defense, hardworking maintenance workers, custodial workers, and others are receiving layoff notices. These laid-off state workers, along with a thousand furloughed federal employees of the Iowa National Guard, are facing severe financial stress on their families.

"I have to ask Congressmen Latham and King if their plan to hold the federal government hostage is really worth it. Do Congressman Latham and Congressman King really want to continue to compromise worker safety, fail to honor our veterans, and threaten the economic security of public employees and their families? I strongly urge them to do the responsible thing and end this insanity before it causes any more damage to Iowa communities."

Iowa Supreme Court Justices to meet with Fort Dodge Area Students

Des Moines, IA,  October 4, 2013– On Thursday, October 10, members of the Iowa Supreme Court will visit five Fort Dodge area high schools and the community college to meet with students and discuss the role of the courts. In Fort Dodge, the justices will visit Senior and St. Edmond high schools and Iowa Central Community College. Justices will also visit Webster City, Eagle Grove, and Storm Lake high schools.

High School/Community College visit schedule for Thursday, October 10, 2013

Justice Edward Mansfield will visit Eagle Grove High School at 8:10 a.m.

Justice David Wiggins will visit Fort Dodge Senior High School at 9:00 a.m.

Justice Bruce Zager will visit Webster City High School at 9:00 a.m.

Justice Thomas Waterman will visit St. Edmond High School at 9:40 a.m.

Justice Daryl Hecht will visit Storm Lake High School at 8:15 a.m.

Chief Justice Mark Cady will visit Iowa Central Community College at 11:30 a.m.

In addition to the school visits, the supreme court will hold a special session in Fort Dodge on Wednesday evening, October 9. During the special session, the court will hear oral arguments in two cases in the new Fort Dodge Middle School auditorium, 800 N. 32nd Street. The session begins at 7 p.m. As always, oral arguments are open to the public. A public reception with the justices, sponsored by the Greater Fort Dodge Growth Alliance, will follow the oral arguments in the auditorium lobby.

Special Session

Wednesday, October 9, at 7:00 p.m.

Fort Dodge Middle School auditorium

800 N. 32nd Street

Fort Dodge, Iowa

The Iowa Supreme Court will hear lawyers argue in two cases:

Iowa Farm Bureau, et al. v. Environmental Protection Commission, et al.

Iowa Farm Bureau challenged the validity of new water quality regulations on the grounds that two of the commissioners on the Iowa Environmental Protection Commission (EPC) improperly participated in voting on the regulations. Petitioners also contend the district court's application of the common law de facto officer doctrine to uphold the validity of the EPC's regulations is inconsistent with the Iowa Administrative Procedure Act.

In re the Detention of Anthony Geltz

Respondent was adjudicated a delinquent at age 14 for the offense of second-degree sexual abuse. Upon Respondent's 18th birthday, the State filed a petition to have him civilly committed as a sexually violent predator. On appeal, Respondent argues the district court erred in ruling that his previous adjudication of juvenile delinquency for sexual abuse is a "conviction" for purposes of proving him to be a sexually violent predator subject to civil commitment pursuant to Iowa Code chapter 229A.

For more information about the oral arguments

Attorneys' briefs for the two cases and a "Guide to Oral Arguments" are posted on the Iowa Judicial Branch website at:

http://www.iowacourts.gov/About_the_Courts/Supreme_Court/Offsite_Oral_Arguments.

Note to news media

News media are invited to attend the oral arguments. Court rules apply regarding still camera, video camera, and audio recording devices used during the oral arguments. Information on expanded media coverage is available on the Iowa Judicial Branch Website at: http://www.iowacourts.gov/For_the_Media/Expanded_Media_Coverage.

The Iowa Court Rules regarding cameras and other electronic devices in the courtroom are on the Iowa Legislature website at:

https://www.legis.iowa.gov/DOCS/ACO/CR/LINC/09-27-2013.chapter.25.pdf (the first page is blank)

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