WASHINGTON - March 14, 2012 - Calling the audit work of the Defense Department's inspector general a mission of the highest importance, Senator Chuck Grassley today urged auditors to double down on improvements to their work with stronger recommendations, a greater focus on fraud and appropriate criminal referrals, timeliness, and follow-up efforts that result in accountability and recovery of improper payments.

 

Grassley made his remarks as he released his third report card assessing the audit work of the Inspector General's office.  Grassley's latest review awarded a grade of C, up from last year's D-minus.

 

"There's nothing more important to the taxpayers than having an aggressive team of auditors watch-dogging how the taxpayers' money is spent," Grassley said.  "The good news is that in response to the feedback from these report cards and a productive ongoing dialogue, audit quality appears to be improving."

 

The senator said he began assessing this audit work three years ago based on a tip about mismanagement and no benefit to taxpayers or program integrity despite a cost of $100 million a year for the auditing operation.

 

Grassley said that the work he first examined was little more than policy and compliance reviews, with no real attempt to scrutinize the dollar impact of misguided efforts.  "If we're going to have accountability with valuable defense dollars, we need hard-core, fraud-busting contract audits," Grassley said.

 

Earlier this month, Grassley asked Defense Secretary Leon Panetta to examine audit recommendations and pursue reforms.  Today, Grassley said he appreciates the interest of Acting Inspector General Lynne M. Halbrooks in making the audit work more aggressive and effective.  Grassley shared his review with Halbrooks in a detailed 25-page document.  Grassley's floor statement about his continuing effort is below.

 

The Iowa senator has a long history of defense oversight and legislative reform work.  During the 1980s, he led a vigorous campaign for military procurement reform.  Grassley helped to expose the gross overpricing of spare parts and won passage in May 1985 of an amendment that froze the defense budget and ended the Reagan military budget build up.  In working to reduce waste, fraud and abuse of defense dollars, Grassley took on the iron triangle of congressional committees, the Pentagon and special interest groups.  He has been a leader in drawing attention to egregious practices of the Defense Finance and Accounting Services, the agency which manages payments for the Department of Defense, and offered a series of reform amendments to annual spending bills for the Department of Defense, while also ramping up pressure on auditors for the Inspector General to conduct aggressive and meaningful reviews of accounting practices.  Over many years, Grassley has worked to empower watchdogs and whistleblowers to speak up regarding defense spending abuses and to hold accountable inspectors general responsible for oversight of defense dollars.

 

 

Floor Statement of U.S. Senator Chuck Grassley

Audit Oversight Review and Report Cards for 2009-2011

The Office of the Inspector General for the Department of Defense

Tuesday, March 13, 2012

 

Mr. President, I come to the floor today to report on the latest results of my ongoing audit oversight review.

 

This work examines audits issued by the Office of the Inspector General at the Department of Defense.

After receiving anonymous letters in early 2009 alleging mismanagement of audit resources, my staff initiated an in-depth oversight review. This is my third report in the series. Its goal is to assess audit quality in 2011 and make recommendations for improvement.

I am doing this work for one important reason.

Like investigations, audits are a primary oversight tool. In fact, audits may be the most important tool. That is because the auditors' core mission is to watch-dog how the taxpayers' money is being spent. That puts them on the "money trail" 24/7. If fraud is occurring, that's where it will happen. That's where they need to be, and hopefully they find it.

These audits cost the taxpayers $100 million a year. Are they getting the job done? Are they rooting out waste and fraud and saving money?

My first report, which was published on September 7, 2010, clearly indicated that the audit oversight capabilities of the Inspector General's office were seriously degraded.

The Inspector General at the time, Gordon Heddell, responded to my first report in a very constructive way. He promptly approved a transformation plan designed to improve audit quality.

In order to assess progress on reforms, I issued a second report on June 1, 2011. I called this one a Report Card. It evaluated and graded 113 reports issued during fiscal year 2010.

I awarded those 113 reports a grade of D Minus.

The low overall score was driven by the very same deficiencies pinpointed in my first report.

Instead of being hard-core, fraud-busting contract audits, most reports were policy and compliance reviews. There was little or no attempt to even verify the exact dollar impact of the misguided policies examined. Such reports offered zero benefit to the taxpayers, though many were mandated by Congress.

I identified 27 good reports that involved commendable and credible -- and in some cases -- nitty gritty audit work. Were it not for their long completion times, all those reports would have earned top scores.

At the conclusion of the second report, my staff presented a list of the "Top Nine Audit Roadblocks" standing in the way of reform.

After the second report was issued, Inspector General Heddell issued a sharp rebuttal.

He complained that I did not give sufficient credit for 18 audits that identified $4.2 billion in potential monetary benefits.

I addressed Inspector General Heddell's criticism on the floor on two separate occasions -- July 5th and July 28th, 2011. At that time, I admitted that he had a legitimate gripe about my report. My staff reviewed the matter and upped the scores on 12 of the 18 reports, but those adjustments did not move the overall score for 113 reports out of the D range.

Today, I am issuing my third audit oversight report. This one examines the latest batch of reports -- the 121 reports issued between October 1, 2010 and September 30, 2011. They are known as the fiscal year 2011 audits.

I am giving those reports an overall score of 3.51 or C.

As my report clearly indicates, there was across-the-board improvement in every category except one - timeliness.

I am very happy to report to my colleagues that audit quality appears to be improving.

The best possible indicator of improvement is the doubling of top-rated reports. Those numbers jumped from 27 reports, or 25% of total production in 2010, to 70 reports, or 58% of total production in 2011. That's better than a two-fold increase.

The auditors have achieved a breakthrough. The apparent progress is promising.

The most important area of improvement in audit quality was in the strength of recommendations. There was a surge in this key area. It was propelled by calls for accountability and recovery of wasted money. Though modest and limited in number, these initiatives had force. Recommendations are the business end of an audit, and these recommendations were based on rock-solid findings.

At least 50 reports arrived at findings that documented flagrant mismanagement, waste, negligence, fraud, and even potential theft. Sixteen of those reports recommended that responsible officials be considered for administrative review. A comparable number contained recommendations for the recovery of improper payments. And 10 reports - largely those on "Stimulus" projects - recommended that wasteful projects be terminated.

These reports jumped out at me. They are quite remarkable. But 50 reports with rock-solid findings should generate 50 - not just 16 -- sets of hard-hitting recommendations.

These 50 reports add up to a good beginning, but they don't confer world-class status on the Inspector General's Audit Office.  Within the grand totality of the 121 reports published in 2011, they are a drop in the bucket.

The vast majority of reports still offer weak recommendations.

Most reports merely instruct audit targets to do what they are already required to do under law and regulation. In my opinion, that's a waste of ink and paper.

There are still four distinct trouble spots needing intense management attention.

The biggest problem continues to be the number of unsatisfactory reports. While I can no longer say that most reports were poor, at 42%, the proportion of low scoring reports remains unacceptably high.

Those reports continue to suffer from the same deficiencies identified in a report commissioned by Inspector General Heddell in response to my first report. This report was produced by two independent consulting firms and dated October 7, 2010. It is known as the Qwest Report. Their conclusions, which matched my own, were as follows:

"We do not believe Audit is selecting the best audits to detect fraud, waste and abuse. The organization does not audit what truly needs to be done. Some audits hold little value in the end."

As I have said many times, far too many audits offer little or no benefit to the taxpayers. This was still true in 2011.

Long audit production times remain another big problem. Old reports offer stale information that weakens the power and relevance of audit reports.

Between 2010 and 2011, the average time needed to complete reports jumped from 13 to 16 months, and, as I understand it, those numbers don't tell the full story.

They do not include the extra weeks or months reportedly needed for the planning and approval process that occurs before audit work begins. Add those numbers together, and you are really looking at two years to publish an audit.

Stale information reduces audit impact to zero over time.

The Qwest Report pinpointed the root cause of this problem: "it is apparent that in the planning phase of audit selection, audits are written to fit a team, as opposed to a team established to conduct a needed audit."

Such organizational inflexibility drives long completion times. It also leads to the publication of audits having objectives that are so narrow and limited in scope that they are virtually worthless.

Audit teams need to be organized to support more challenging and more relevant audit tasks, and Mr. Blair indicated recently that he was moving in this direction.

There are two other outstanding problems.

Far too few reports - just 9 in all -- verified actual payments, using primary source accounting records.

Failing to nail down exact dollar amounts of waste and mismanagement, including those resulting from misguided policies, undermines the credibility and completeness of audit reports.

For example, using invoices or contracts to estimate payments would not appear to meet the most stringent audit standards. A more acceptable procedure is essential because of the Defense Finance and Accounting Service's long-standing track record of making erroneous and unauthorized payments. In the face of such sloppy accounting practices, verification of payments should be mandatory.

Lastly, referral rates to the Defense Criminal Investigative Service (DCIS) are still far too low. Only 5 reports generated potential criminal referrals, which appears to point to a lack of concern about fraud. Surely there was enough grist in the 50 reports, which documented egregious waste and misconduct, to warrant additional referrals to DCIS and/or the Justice Department.

A number of audits standout as candidates for further review and possible prosecution.

I have urged Secretary Panetta and the Acting Inspector General to reexamine some of these issues.

Acting IG Halbrooks has put the public spotlight on disgraceful and scandalous waste and alleged misconduct that demands accountability.

Unfortunately, unless the recommendations in those hard-hitting audits are somehow converted to concrete action, all this good work will amount to nothing more than a bunch of auditors "howling in the wilderness."  It will simply "fall through the cracks."

Converting tough recommendations into concrete action takes determination and relentless follow-up. The key is making sure agencies do what they agreed to do at the conclusion of an audit. However, all indications suggest that corrective actions proposed in 16 hard-hitting reports have run into some serious flak in the Pentagon bureaucracy.

Without high-level intervention, most, if not all, accountability and savings measures could be slowly and quietly quashed in bureaucracy. A recent report from the Navy clearly indicates that this fate awaits at least one of the reports and probably all the others, as well.

In order to assist in the audit resolution process, I have asked Secretary Panetta to conduct a top-level review of all the allegations contained in the 16 most disturbing reports.

I urged him to establish a reasonable path forward on all unresolved recommendations.

Until there are meaningful consequences and real penalties for such gross waste and misconduct, the culture of the organizations involved will not change.

Without accountability, there will be no positive results. Good audit value will go down the drain. Unabated waste of the taxpayers' money will continue.

Clearly, significant progress was achieved in 2010-11. But the Inspector General's audit capabilities are not yet out of the woods. Much more work remains to be done. Management needs to build on the strengths exemplified by the 50 reports containing rock-solid findings and 16 sets of hard-hitting recommendations. Those reports could be used as models for improving audit quality in the future.

In order to start producing more top quality reports, management needs to consider the following suggestions:

·         bring report recommendations into balance with findings;

·         increase calls for accountability and recovery of improper payments;

·         verify all payments using primary source accounting records;

·         organize audit teams to match more complex and challenging tasks;

·         pick-up the pace of fraud referrals to the Defense Criminal Investigative Service;

·         develop a more effective audit follow-up strategy;

·         follow-up to ensure that prosecution occurs where warranted or necessary;

These adjustments should be achieved using available resources.

Correct these problems, and top quality reports will be the norm. All these goals are within easy reach. Once accomplished, audits will be fully aligned with the core mission.

In closing, I want all the auditors in the Inspector General's office to know that I consider their oversight mission to be of the highest importance. There is nothing more important to the taxpayers than having an aggressive team of auditors watch-dogging how the taxpayers' money is being spent. I know there has been a concerted effort over the past few years to improve the quality of their work. I deeply respect, appreciate, and support these efforts. They are starting to pay off.  I can see results of all the hard work. I encourage all the auditors to keep moving ahead until the job is finished. And I urge Mr. Blair to unleash the auditors. I want them to be tigers. Encourage them to call waste what it is - WASTE. Let them follow their instincts and the guidance in their audit manuals that instructs them to: "Think fraud and plan audits to provide a reasonable assurance of detecting fraud."

 

Mr. President, I yield the floor.

Des Moines, March 14, 2012 – Today, the task force established to propose reforms to Iowa's civil justice system released its final report, which is posted on the Iowa Judicial Branch website. The Iowa Civil Justice Reform Task Force studied and considered court innovations to make Iowa's civil justice system faster, less complicated, more affordable, and better equipped to handle the demands of Iowa litigants and users of the civil justice system.

 

In December 2009 the Iowa Supreme Court appointed a 14-member steering committee to oversee the work of the task force. In August 2010, seventy-one additional justice system stakeholders from across Iowa joined the task force. The membership represented business, labor, medicine, industry, consumer groups, the bench and the bar. For more than a year, the task force studied innovative litigation procedures and programs that work well in other parts of the country.

 

"A dedicated group of 84 volunteers representing all shareholders in our court system engaged in a comprehensive assessment of the Iowa civil justice system, including a broad survey of all Iowa lawyers and judges, to identify new court processes and improvements in current practices that will promote efficiencies and reduce the often substantial costs of non-domestic civil cases," said Iowa Supreme Court Justice Daryl Hecht, the chair of the task force.

 

The task force has submitted its report to the Iowa Supreme Court, which will review the recommendations and findings contained in the report and consider implementation of cost-effective and promising reforms that will match the needs of Iowans.

 

The report is on the Iowa Judicial Branch website at:

http://www.iowacourts.gov/Advisory_Committees/Civil_Justice_Reform_Task_Force/index.asp

 

 

# # #

2012

CHICAGO - March 14, 2012. Lt. Governor Sheila Simon expressed disappointment in Tuesday's federal court injunction that blocks one part of landmark campaign finance reform she advocated for as a member of the Illinois Reform Commission and emphasized that many of the limits on campaign contributions are still intact under state law.

 

Simon said: "Illinois passed the state's first-ever limits on campaign contributions in 2009 to reduce the influence of big money donors on elected officials and ward off perceived or actual corruption. The caps on the amount of money individuals, businesses and political action committees may contribute to candidates or their campaign organizations are still intact. However, the federal court injunction will allow independent political action committees, so-called Super PACs, to raise unlimited amounts of money and influence campaigns. This decision is consistent with the U.S. Supreme Court's Citizen's United case, which unfortunately allows more money than ever before into our political process. Unlimited money should not be the strongest voice in our democracy."

 

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The driving range at Emeis is now open, and Emeis is open for regular play. Duck Creek Golf course is open for regular play, but the range is not quite ready yet. The course at Red Hawk and the range will open soon.
Duck Creek Golf Course is located at 3000 W Locust Street. Their phone number is 563-326-7824. Emeis Golf Course is located at 4500 W Central Park and their number is 563-326-7825. These clubhouses are open, so call for more information or questions.
Don't forget for those rainy days we still have an indoor driving range at the River's Edge, 700 W River Drive. It's open 7am - 3pm, Monday through Friday and this Saturday from 7am - 2pm. For other Saturdays, call the River's Edge at 563-328-7275 or see the Turf Schedule at www.cityofdavenportiowa.com/parks for details.
Amana - Hurry U.P. Hare always wins the annual 4th of July footrace through the forest.
In fact, none of the other forest creatures will even try to race against him. But things are
different this year as an expected and rather unique challenger lumbers up to the starting
line. Now it's Hurry U.P. Hare against Ponderous Plod in The Old Creamery Theatre for
Young Audiences production of The Hare and the Tortoise.

Everybody comes out a winner with this musical retelling of a classic, opening Saturday,
April 7 at 1 p.m. on The Old Creamery's Main Stage. The Hare and the Tortoise was
written by Gene Mackey with original music by Cheryl Benge.

The cast of The Hare and the Tortoise consists of Eddie Skaggs of Cedar Rapids,
Nicholas Hodge of South Amana, Amber Snyder of Amana, Jackie McCall of Marengo
and Ian Zahren, of South Amana. Directed by Sean McCall, The Hare and the Tortoise
runs through April 21 with shows at 1 p.m. on Saturday April 7 and 14 and at 10 a.m. and
1 p.m. on April 21.

Tickets are only $8 per person and reservations are highly recommended. The Hare and
the Tortoise is sponsored by Scheels with Mix 96.5 as the media sponsor.

The Old Creamery Theatre Company is a not-for-profit professional theatre founded
in 1971 in Garrison, Iowa. The company is celebrating 41 years of bringing live,
professional theatre to the people of Iowa and the Midwest.
Davenport, IA- The German American Heritage Center will be hosting an "Eiermarkt" or Egg Market on Saturday March 31st from 10 am until 3pm. Local and regional vendors will be selling their springtime wares including decorated eggs, crafts, baked goods, and much more! Free admission to the Eiermarkt! GAHC is located at 712 W.2nd St. Davenport, IA. Call 563-322-8844, visit www.gahc.org, or email kelly.lao@gahc.org for details!
Bright yellow Lights ON for Learning Center banners have been raised at Glenview Middle and
United Township High School in East Moline. The Rock Island County Regional Office of
Education (RIROE) has received two new 21st Century Community Learning Centers (CCLC)
federal grants. These are highly competitive grants administered through the Illinois State
Board of Education (ISBE) to provide students with academic enrichment opportunities and activities

in "Lights ON" Community Learning Centers offered beyond regular school hours.

Glenview Middle School and United Township High School in East Moline are the recipients of
the two new grants of $250,000 each year over the next three years. These will fund Lights ON
academic, artistic, and cultural enrichment opportunities to students and their families during non-school
hours (before or after school) or periods when school is not in session (including holidays, weekends,
or summer recess). Glenview and UTHS will work with community partners to offer students a broad
array of additional services, programs, and activities designed to reinforce and complement the regular
academic programs of participating students.

For Glenview Middle, activities include youth development activities, drug and violence prevention
programs, counseling programs, art, music, and recreation programs, technology education programs, and
character education programs; and literacy and related educational services to the families of participating
children. Jeff Fairweather, Glenview principal, is excited about the grant money and says the program is
sorely needed. "The CCLC Grant and the Lights ON program have provided desperately needed funding
and a system of support for our students that did not exist previously. It has allowed us to provide our
students with needed academic support as well as develop programs to meet the social/emotional needs
of our middle school students." Glenview will receive $130,000 each year for three years of the program.

Teresa Dothard-Campbell is Glenview's Lights ON Site Coordinator. She says the program is very
popular with the students. "We currently have 407 students enrolled in the program and see an average
of 120 students each evening. Students who attend on a regular basis are making great strides in their
academic achievement and the proof is in their grades. Our students are enjoying the partnerships we have
established with Two Rivers YMCA, the Mississippi Valley Regional Blood Center and Red Cross; along
with enrichment activities through Q.C. Social Dancing. "

Principal of United Township High School, Carl Johnson, oversees their program with Anthony Ragona,
Assistant Principal. Mr. Johnson said the program is already having a positive impact on students. "We
currently have students participating in English, Math, Science and Reading enrichment and support
programs. During our 1st week of spring intercession alone we were able to provide academic help for
more than 200 students. We anticipate strong participation in the spring Advanced Placement exams due
to several of these programs. The activities offered at UTHS are opportunities students would not have
were it not for this grant!"

Glenview and UTHS will join the network of Lights ON CLCs developed by the RIROE and local Rock
Island County school districts in 2001. Over the past ten (10) years, twenty (20) Rock Island County
schools have received 21st CCLC grant funds to establish Lights ON Community Learning Centers
in their schools. The programs are collaborative ventures that engage community organizations and
agencies contributing programs and services. The CLCs are to serve the families of participating

students by offering literacy and related educational development activities. Black Hawk College

Adult Education Program is the partner who provides the family programming offering family

literacy, English As a Second Language, and GED preparation classes. The Lights ON CLCs established
under the 21st CCLC program must provide a safe environment for students when school is not in session
including safe travel accommodations to and from the center and home.

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Mary Jo Schweda Wins Top Prize of $50,000 Playing "Super Crossword" Scratch Game

 

DES MOINES, Iowa - A Davenport woman ran an errand for her daughter and it led to her winning a top prize of $50,000 playing the lottery's "Super Crossword" instant-scratch game.

Mary Jo Schweda, 54, said she was visiting her daughter at work when her daughter asked Schweda to buy her a soda. Schweda decided to go across the street to QC Mart, 2843 East 53rd St. in Davenport to get one.

"I asked the girl the difference between the two Crosswords and I said, 'Oh, I'll take the five,'" Schweda said. "The next day I scratched it and I was sitting there thinking I had won $5,000."

Schweda scratched the ticket while on a break from work at the Rock Island Arsenal, so she asked some coworkers to help her check her ticket.

"I had three of my friends check the ticket and make sure I didn't do it wrong, and then we realized I had ten words!" she said. "We all just started screaming. I was thrilled with five!"

Schweda said she doesn't play scratch tickets very often, but she chose the Super Crossword ticket because she liked the idea of having three ways to win.

"I thought, 'Oh, what the heck.' Of course, my daughter takes full credit for this," Schweda said with a laugh as she claimed her prize Friday at the Iowa Lottery's regional office in Cedar Rapids.

Schweda said she hadn't made any plans for her winnings.

"I'm just going to calm down and then think about it," she said.

Super Crossword is a $5 scratch game. Players win a prize by scratching the "your letters" then scratching the corresponding letters found in Puzzles 1 and 2 and the "bonus word." If players have scratched at least three complete words in Puzzle 1 or 2, they win the corresponding prize shown in the prize legend for that puzzle. If players uncover all six letters in the "bonus word" by scratching the letters that match the "your letters" they win the prize shown in the prize box.

Four top prizes of $50,000 are still up for grabs in Super Crossword, as well as five prizes of $5,000, 61 prizes of $500 and more than 465 prizes of $100.

Players can enter eligible nonwinning scratch tickets online to earn "Points For Prizes™" points. The point value will be revealed to the player on the website upon successful submission of each eligible valid ticket. There is a limit of 30 ticket entries per day. To participate in Points For Prizes™, a player must register for a free account at ialottery.com. Registration is a one-time process. Merchandise that can be ordered by using points will be listed on the website in the Points For Prizes™ online store. Players can choose from items in categories such as apparel, automotive, jewelry, sporting, tools and more.

Since the lottery's start in 1985, its players have won more than $2.8 billion in prizes while the lottery has raised more than $1.3 billion for the state programs that benefit all Iowans.

Today, lottery proceeds in Iowa have three main purposes: They provide support for veterans, help for a variety of significant projects through the state General Fund, and backing for the Vision Iowa program, which was implemented to create tourism destinations and community attractions in the state and build and repair schools.

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The Bells of Balangiga
by Dr. Eleonor Mendoza

NEW NOVEL EXPLORES LOVE AGAINST THE BACKDROP OF THE PHILIPPINE INSURRECTION AND WORLD WAR II

The Bells of Balangiga, by Dr. Eleonor Mendoza, brings to life two inextricably linked love stories set against the Philippine Insurrection and World War II.

The novel, which takes place in the Philippines, reflects the customs, traditions, and charm of the time. The story is set with Lieutenant Jack Stewart, a West Point graduate assigned to the Nueva Ecija Province in the Philippines in 1940. Jack falls in love with a young Filipina woman named Neneng, but when his parents visit to attend a reception for the officers, Jack's mother reveals that Jack has a sweetheart back home.

Crestfallen, Neneng seeks comfort in the arms of her mother Clara, who divulges that she was once engaged to Jack's father during the Philippine Insurrection (1899-1902). Since then, Clara has been haunted by the sounds of the bells of Balangiga, three church bells taken by the United States Army from the Philippines in 1901. To her, they embody the conflict that shaped her early life. The book goes on to narrate each woman's story and the wars that got in the way.

"We talk of countries going to war, but it is the people who go to war, who fight, who lose loved ones, who are killed," says Dr. Mendoza. "The Bells of Balangiga shares two stories of people who fall in love, against the backdrop of human conflict."

As the only Christian country in Asia, the Philippines holds its religious ideals close. The female characters' beliefs guide their actions throughout the story, while a thorough appendix expands on the history, traditions, and military battles that Mendoza mentions throughout the book.

ABOUT THE AUTHOR

Dr. Eleonor Mendoza was born on the southern island of Mindanao, in the Philippines. A licensed physician, although no longer practicing, she came to the United States in 1974 and currently lives in Davenport, Iowa with her husband. She is on the Executive Board of the Filipino American Association of Iowa-Illinois and is active in charity organizations that aid the people of the Philippines. Recently, she has helped with humanitarian work for Typhoon Sendong victims in the Philippines' Iligan City.

Prepared Floor Statement of Senator Chuck Grassley of Iowa

Ranking Member, Senate Judiciary Committee

Remarks on District Court Cloture Petitions

Tuesday, March 13, 2012

 

Mr. President, I rise to speak regarding judicial nominations, and to respond to some of the claims made by my colleagues on the other side of the aisle.

 

If you listened to some of our colleagues over the last couple of days, you would think the sky is falling.  They act as if the Senate is treating President Obama's judicial nominees differently than nominees have been treated in the past.

 

That is simply not true.

 

A fair and impartial look at the numbers tells a far different story.  The fact of the matter is that President Obama's nominees are being treated just as well, and in many cases, much more fairly than the Democrats treated President Bush's nominees.  I want to take just a couple minutes to set the record straight.

 

Let me start by taking a brief look at the 17 cloture motions the Majority has filed.  Seven of those nominees were reported out of the Judiciary Committee within the last month, and three of them were reported last week.

 

That is without precedent.  To our knowledge, the Majority has never filed cloture on district court nominees within a month of them being reported out of the Judiciary Committee.  That accounts for seven of the 17.

 

What about the other 10?  Well, what our colleagues fail to mention is that they could have gotten a majority of those nominees confirmed at the end of last Session.  Our side cleared quite few nominees, and we offered to confirm them as a package at the end of last Session.  However, the President refused to offer assurances that he would not bypass the Senate and make so-called recess appointments.

 

In other words, it was the President who chose not to confirm those nominees at the end of last Session.  If the President believes we should have confirmed more nominees last fall, he should look to his own Administration for an explanation.

 

That is the background on the 17 cloture motions before the Senate.

 

But let me comment on something that I read in one of our daily newspapers that covers the Congress.  A famous reporter said in the second paragraph of a report I read today that the Republicans are filibustering nominations. I told the writer of that article that you can't filibuster anything that's not before the United States Senate, and these nominees were not before the United States Senate until the leader of the majority filed these cloture motions.

 

So wouldn't you think, that if you believed you needed to stop debate, that you would at least let debate start in the first place?  But no.  The game that's played around here is that, in order to build up the numbers, so you can claim that the minority is filibustering, when the minority is not actually filibustering.

 

But, let me take a step back and address some of the claims I have heard from the other side.  I cannot believe some of the comments I am hearing, so I believe it is important to set the record straight.

 

First of all, everyone around here understands that it takes a tremendous amount of time and resources for the Senate to consider Supreme Court nominees.  For that reason, when a Supreme Court nomination is pending before the Senate, the Judiciary Committee considers little else.

 

During President Obama's first three years in office, the Senate considered not one, BUT TWO nominations to the Supreme Court.  Those nominations occupied the Judiciary Committee for approximately six months.

 

The last time the Senate handled two Supreme Court nominations was during President George W. Bush's second term.  During President Bush's entire second term, we confirmed only 120 lower court nominees.  Under President Obama, we have already confirmed 129 lower court  nominees.

 

Let me repeat that.  We have confirmed 129 of President Obama's judicial nominees in just over three years.  That is more than were confirmed under George W. Bush's entire second term.

 

And again, the comparison between President Obama's first three years to President George W. Bush's second term is the appropriate comparison.

 

These were the only two time periods in recent memory when the Senate handled two Supreme Court nominations during such a short time period.

 

But, even if you compare the number of President Obama's nominees confirmed to President Bush's first term, it is clear that President Obama has fared very well.

 

More specifically, even though the Senate did not consider any Supreme Court nominations during President Bush's first term, we have confirmed approximately the same number of President Obama's lower court nominees as we did President Bush's, relative to the nominations President Obama has made.

 

In other words, although fewer lower court nominees have been confirmed under President Obama, the President made approximately 20 percent fewer judicial nominations during his first 3 years than President Bush did in his first term.

 

As a practical matter, if the President believes he hasn't gotten enough confirmations, then he should look no further than the pace at which he has made nominations.

 

Maybe he should've spent less time on the 100 or so fundraisers he's been holding all over the country recently, and more time on making judicial nominations.

 

The fact of the matter is this: IF a backlog exists, then it is clear that it originates with the President.

 

If you need even more evidence that the President has been slow to send judicial nominees to the Senate, all you need to do is examine the current vacancies.  My colleagues have been on the Senate floor talking about the so-called "vacancy crisis."

 

But, what my colleagues fail to mention is that the White House has not even made nominations for over half of the current vacancies.

 

Let me repeat that:  Of the 83 current vacancies, the White House has not submitted nominations for 44 of them.

 

As a result, it is clear that IF there is a "vacancy crisis," once again the problem rests with the White House.  If the President believes there are too many vacancies in the federal courts, he should look no further than his own Administration for an explanation.

 

Now, what about the other side's claim that nominees are waiting longer to get confirmed than they have in the past?

 

Once again, this is just not true.

 

The average time from nomination to confirmation of judges during the Obama Administration is nearly identical to what it was under President Bush.  During President Bush's Presidency, it took on average, approximately 211 days for judicial nominees to be confirmed.

 

During the first three years of President Obama's Presidency, it has taken 218 days for his judicial nominees to be confirmed.

 

I'm sure this will be news to many of my colleagues.  If you have listened to the other side, you would think we have somehow broken new ground.  We haven't.  We are treating President Obama's nominees virtually the same as President Bush's.

 

It's not our primary concern to worry about whether one President is being treated differently than the other. We just proceed with our work.  But the numbers you see here is a result of our work.  The fact of the matter is that the numbers aren't much different than other presidents.  To suggest we are treating President Obama's nominees a whole lot differently is intellectually dishonest.

 

The fact of the matter is that the Senate has been working its will, and regularly processing the President's judicial nominees in much the same way it has in the past.

 

Given that the President's nominees have received such fair treatment, why would the Majority Leader choose to take the unprecedented step of filing 17 cloture petitions on district court nominees?

 

Why would the Majority Leader choose to manufacture controversy where none exists?

 

The answer is simple.  These votes are nothing short of a stunt.  They are a smokescreen.

 

They are designed to accomplish two goals: First, as even Democrats concede, the President cannot run for re-election on his own record, so these votes are designed to help the President's re-election strategy by somehow portraying Republicans as "obstructionist."

 

Second, the other side simply does not want to talk about the extremely important and very real problems facing this nation.

 

Look at any poll. Go to any town meeting.  People in this country and my state of Iowa are concerned about the economy and jobs. With 8.3 percent unemployment, they are right to expect us to work on jobs.
           
A small business tax bill passed the other body.  Why aren't taking that up?  It's ready and would likely pass the Senate without much dissent.
 
Why aren't we taking up a budget this year?
 
It's been four years since the Senate has passed a budget. This is budget week.  Instead of talking about a budget, we're spending time talking about judicial nominees who aren't going to be filibustered.   We ought to be considering a budget. 
 
But the Majority refused to produce a budget.  It's been more than 1,040 days.

 

The American people are sitting at home and watching this debate.  They want to know how we are going to get the unemployment rate down.

 

They are not concerned about whether the Senate will confirm one of the President's district court nominees this week, rather than next.

 

They want to know what we are doing to help their father, or mother, or brother or sister get back into the workforce.

 

Given that millions of Americans remain out of work, why aren't we considering and debating the JOBS bill the House just passed?

 

Why aren't we tackling the Energy crisis?

 
With $4 gas in this country, we ought to be talking about drilling here, drilling now.  We ought to be talking about building a pipeline.  We ought to be talking about how we can stop sending
 $833 million every day overseas to buy oil. We ought to be talking about extending the energy tax extenders that sunset as of December 23.

 

Unlike the so-called "vacancy crisis," the energy crisis is not manufactured.  It is real.  The rising cost of gasoline matters to millions and millions of Americans.

 

If they are fortunate enough to have a job in this economy, millions of Americans are trying to figure out how they will afford to get to work with the rising cost of gasoline.

 

Rather than spend time working on Energy crisis, which is all too real for millions of Americans, we are spending time on this manufactured controversy.

 

And what's even worse, this is the week we're supposed to be debating a Budget.  But, you'd need a high powered microscope to find any budget that the Majority has put together.  The Majority has failed to produce a budget, so they manufacture a so-called "crisis" on nominations to throw up a smokescreen to hide their failure.

 

Mr. President, I will have more to say about this as we move forward with this debate.  But for now I will conclude by saying this.

 

A fair and impartial examination of how the Senate has treated President Obama's nominees reveals that, contrary to what you'll hear from the other side, the President's nominees are being treated more than fair.

 

Rather than waste time on a so-called "crisis" that everyone realizes is entirely manufactured, we should be focusing on those issues that matter deeply to the American people: jobs, the economy, and tackling our energy crisis.

 

I urge my colleagues to reject these cloture petitions so that we can get back to the business of the American people.

 

I yield the floor.

 

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