DEA and FBI may have failed to share key information on informants

WASHINGTON, D.C. - On Monday, July 4, ATF Acting Director Kenneth Melson testified before investigators for the House Oversight and Government Reform Committee and Senate Judiciary Committee about Operation Fast and Furious.  Following this interview, Oversight Committee Chairman Darrell Issa and Senate Judiciary Committee Ranking Member Chuck Grassley, in a letter to Attorney General Eric Holder, expressed their deep concerns about the involvement of the DEA, FBI, and other agencies - including the possibility that they were aware of and even working with people connected to Fast and Furious suspects.

In addition to these concerns noted in the letter to the Attorney General, Acting Director Melson made key assertions to investigators:

·           Contrary to denials by the Justice Department, Acting Director Melson acknowledged the agents had in fact witnessed transfers of weapons from straw purchasers to third parties without following the guns any further.

·           the ATF group executing Operation Fast and Furious had been placed under the direction of the Arizona U.S. Attorney's office.

A copy of the text of the letter from Issa and Grassley to Attorney General Holder is below.  Click here for a copy of the signed letter.

July 5, 2011

VIA ELECTRONIC TRANSMISSION

The Honorable Eric H. Holder, Jr.
Attorney General
U.S. Department of Justice
950 Pennsylvania Avenue, NW
Washington, DC 20530

Dear Attorney General Holder:

Yesterday, Acting ATF Director Kenneth Melson participated in a transcribed interview regarding Operation Fast and Furious and related matters with both Republican and Democratic staff.  He appeared with his personal counsel, Richard Cullen of McGuireWoods LLP.  His interview had originally been scheduled through the Justice Department to occur on July 13 in the presence of DOJ and ATF counsel.  As you know, however, under our agreement Department witnesses who choose to attend a voluntary interview with their own lawyer are free to exercise that right rather than participate with counsel representing the Department's interests.

After being made aware of that provision of our agreement, Acting Director Melson chose to exercise that right and appeared with his own lawyer.  We are disappointed that no one had previously informed him of that provision of the agreement.  Instead, Justice Department officials sought to limit and control his communications with Congress.  This is yet another example of why direct communications with Congress are so important and are protected by law.[1]

Acting Director Melson's cooperation was extremely helpful to our investigation.  He was candid in admitting mistakes that his agency made and described various ways he says that he tried to remedy the problems.  According to Mr. Melson, it was not until after the public controversy that he personally reviewed hundreds of documents relating to the case, including wiretap applications and Reports of Investigation (ROIs).  By his account, he was sick to his stomach when he obtained those documents and learned the full story.  Mr. Melson said that he told the Office of the Deputy Attorney General (ODAG) at the end of March that the Department needed to reexamine how it was responding to the requests for information from Congress.

According to Mr. Melson, he and ATF's senior leadership team moved to reassign every manager involved in Fast and Furious, from the Deputy Assistant Director for Field Operations down to the Group Supervisor, after learning the facts in those documents.  Mr. Melson also said he was not allowed to communicate to Congress the reasons for the reassignments.  He claimed that ATF's senior leadership would have preferred to be more cooperative with our inquiry much earlier in the process.  However, he said that Justice Department officials directed them not to respond and took full control of replying to briefing and document requests from Congress.  The result is that Congress only got the parts of the story that the Department wanted us to hear.  If his account is accurate, then ATF leadership appears to have been effectively muzzled while the DOJ sent over false denials and buried its head in the sand.  That approach distorted the truth and obstructed our investigation.  The Department's inability or unwillingness to be more forthcoming served to conceal critical information that we are now learning about the involvement of other agencies, including the DEA and the FBI.

The Role of DEA, FBI, and Other Agencies

When confronted with information about serious issues involving lack of information sharing by other agencies, which Committee staff had originally learned from other witnesses, Mr. Melson's responses tended to corroborate what others had said.  Specifically, we have very real indications from several sources that some of the gun trafficking "higher-ups" that the ATF sought to identify were already known to other agencies and may even have been paid as informants.  The Acting Director said that ATF was kept in the dark about certain activities of other agencies, including DEA and FBI.  Mr. Melson said that he learned from ATF agents in the field that information obtained by these agencies could have had a material impact on the Fast and Furious investigation as far back as late 2009 or early 2010.  After learning about the possible role of DEA and FBI, he testified that he reported this information in April 2011 to the Acting Inspector General and directly to then-Acting Deputy Attorney General James Cole on June 16, 2011.

The evidence we have gathered raises the disturbing possibility that the Justice Department not only allowed criminals to smuggle weapons but that taxpayer dollars from other agencies may have financed those engaging in such activities.  While this is preliminary information, we must find out if there is any truth to it.   According to Acting Director Melson, he became aware of this startling possibility only after the murder of Border Patrol Agent Brian Terry and the indictments of the straw purchasers, which we now know were substantially delayed by the U.S. Attorney's Office and Main Justice.  Mr. Melson provided documents months ago supporting his concerns to the official in the ODAG responsible for document production to the Committees, but those documents have not been provided to us.

It is one thing to argue that the ends justify the means in an attempt to defend a policy that puts building a big case ahead of stopping known criminals from getting guns.  Yet it is a much more serious matter to conceal from Congress the possible involvement of other agencies in identifying and maybe even working with the same criminals that Operation Fast and Furious was trying to identify.  If this information is accurate, then the whole misguided operation might have been cut short if not for catastrophic failures to share key information.  If agencies within the same Department, co-located at the same facilities, had simply communicated with one another, then ATF might have known that gun trafficking "higher-ups" had been already identified.  This raises new and serious questions about the role of DEA, FBI, the United States Attorney's Office in Arizona, and Main Justice in coordinating this effort.  Nearly a decade after the September 11th attacks, the stovepipes of information within our government may still be causing tragic mistakes long after they should have been broken down.

Efforts to Oust Melson

In the last few weeks, unnamed administration officials have indicated to the press that Acting Director Melson would be forced to resign.  According to Mr. Melson, those initial reports were untrue.  Regardless of what we might have thought before about how he should handle a request to resign, we now know he has not been asked to resign.  We also now have the benefit of hearing his side of the story and will have a chance to examine what he said and compare it to the other evidence we are gathering.  However, that will take some time.

Mr. Melson served as the First Assistant to the U.S. Attorney in the Eastern District of Virginia for 21 years, from 1986 to 2007.  That is a career position.  After the controversy over the firing of the U.S. Attorneys, he took over the Executive Office for U.S. Attorneys (EOUSA).  He indicated that he was asked to convert to a non-career Senior Executive Service (SES), a politically appointed position, in order to speed the hiring process, and he agreed.  However, his former position at EOUSA is currently filled by a career SES employee, Marshall Jarrett.  As you know, for civil servants, the distinction between career and non-career status is significant.

In 2009, he said he was asked to take over as Acting Director of the ATF.  Acting Director of the ATF is by its nature a temporary job.  According to Mr. Melson, he was willing to serve the Department with the understanding that after a short tenure as Acting Director, he would return to a position as a career senior executive elsewhere within the Department.

However, two days after he told Acting Deputy Attorney General Cole about  serious issues involving lack of information sharing, the Wall Street Journal reported that unnamed sources said that Melson was about to be ousted.

The revelations about Operation Fast and Furious have focused intense scrutiny on the ATF.  It has no doubt taken a toll on the agency and the good people who work there.  Much of that damage has occurred because the Department prevented ATF from being more forthcoming and responsive to questions from Congress.  This is the context in which Mr. Melson decided to submit to an on-the-record interview with private counsel, pursuant to our agreement with the Department.

Technically, Mr. Melson no longer enjoys the due process protections afforded to career officials.  Given his testimony, unless a permanent director is confirmed, it would be inappropriate for the Justice Department to take action against him that could have the effect of intimidating others who might want to provide additional information to the Committees.

We hope that the Department will take a much more candid and forthcoming approach in addressing these very serious matters with the Committees.   If other important fact witnesses like Mr. Melson have a desire to communicate directly with the Committees they should be informed that they are free to do so.  They should also be notified that if they are represented by personal counsel, they may appear with personal counsel rather than with Department lawyers.

Any decision about Mr. Melson's future with the Department would need to be justified solely on the basis of the facts and the needs of the agency, rather than on his decision to speak to us.  We encourage you to communicate to us any additional significant information about any such decision so that we can work together to ensure that it would not impede our investigation.  For now, the Office of Inspector General is still conducting its review, and we are still conducting ours.  Knowing what we know so far, we believe it would be inappropriate to make Mr. Melson the fall guy in an attempt to prevent further congressional oversight. 

Sincerely,

_______________________________                      _______________________________

Darrell Issa, Chairman                                                Charles E. Grassley, Ranking Member

Committee on Oversight &                                         Committee on the Judiciary

Government Reform                                                   United States Senate

U.S. House of Representatives

 

cc:

The Honorable Elijah E. Cummings, Ranking Member
U.S. House of Representatives, Committee on Oversight & Government Reform

The Honorable Patrick Leahy, Chairman

U.S. Senate, Committee on the Judiciary 

[1] Specifically, no officer or employee may attempt to prohibit or prevent "any other officer or employee of the Federal Government from having direct oral or written communication or contact with any Member, committee, or subcommittee of the Congress" about a matter related to his employment or the agency "in any way, irrespective of whether such communication or contact is at the initiative" of the employee or Congress (emphasis added).  Moreover, the prohibition also applies to any officer or employee who "removes, suspends from duty without pay ... any other officer or employee of the Federal Government ... by reason of any communication or contact of such other officer or employee with any Member, committee, or subcommittee of the Congress."  Consolidated Appropriations Act, 2010, P.L. 111-117, 123 Stat. 3034, § 714 (2010), as continued by §1104 of P.L. 112-10?which extends the funding levels, as well as "the authority and conditions provided in such Acts," through September 30, 2011.  See generally, Government Accountability Office, "Department of Health and Human Services?Chief Actuary's Communications with Congress," B-302911 (Sep. 7, 2004) (discussing the history and background in support of the government-wide prohibition on attempts to prevent direct communications with Congress).  As you know, obstructing or impeding a Congressional inquiry is also a criminal violation under 18 U.S.C. § 1505. 

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Davenport, Iowa - July, 2011- The Figge Art Museum is partnering with the Quad Cities River Bandits to host "Art in the Ballpark" on Sunday, July 10 as the River Bandits take on the Wisconsin Timber Rattlers. During the game, kids can do two art activities led by the Figge Art Museum: Paint Like Pollock?where kids will paint and splatter on a giant canvas, just like the artist Jackson Pollock?and Rascal Mosaic?where kids can help color a super-sized mosaic of the River Bandits' logo. Both activities are family-friendly and open to children of all ages. This community art project is offered in conjunction with the River Bandits' U.S. Bank Family Sunday.

The completed wall-size Paint Like Pollock mural and the Rascal Mosaic will be on view in the Figge Studios on Saturday, July 16 during the museums' Free Family Event. The Free Family Event runs from 1-3 pm and is sponsored by John Deere. After the event, the mural and mosaic will be returned to the Bandits for future display at the ballpark.

In addition to viewing the completed project, guests at the July 16 Free Family Event will get to take part in several family-friendly art activities, all of which connect to the Figge's newest exhibition: The Art of Seating: 200 Years of American Chair Design. During the event, families can create their own miniature chair sculptures, become sleuths and solve "The Great Chair Repair," help decorate numerous community chairs, get their picture taken in a super-sized art chair, enjoy studio snacks and participate in all the other fun family activities the museum offers?all for FREE!

This Family Free Event is great opportunity for those who have not yet visited the museum to explore the galleries and studios through guided activities and tours. Contact the Figge Art Museum at 563.326.7804 for more information.

DAVENPORT, Iowa (July 7, 2011) - On Wednesday, July 20, a team of cyclists participating in the Journey of Hope, presented by KRG Capital, will arrive in Davenport as part of a nine-week, 4,000-mile cycling event across the country to raise funds and awareness for people with disabilities.

The team will arrive for a sponsored lunch at Happy Joe's at 1:00 p.m. That evening, they will have dinner and a Friendship Visit at Seduary Pool at 6:00 p.m.

Journey of Hope is a program of Push America, the national philanthropy of Pi Kappa Phi Fraternity, which raises funds and awareness for people with disabilities. The Journey of Hope team consists of men from Pi Kappa Phi chapters across the country. The team will cycle an average of 75 miles per day, beginning in San Francisco and Seattle and ending in Washington, D.C. on August 13.

For the team, the real journey will not be on a bike, but spending time with the people for whom they are riding. The Journey of Hope team members will spend every afternoon with people with disabilities in many different community events and activities. At these stops across the country, the three routes (North, South and TransAmerica) will distribute grants directly to assist organizations in serving people with disabilities. These men are striving for community inclusion of people with disabilities and are helping to break the barriers of society that keep people of all abilities from living life to the fullest. 

Links:
Push America - http://www.pushamerica.org

FAQs- http://pushamerica.org/pushcontent.aspx?id=279
Itinerary- http://pushamerica.org/pushcontent.aspx?id=288
Track the Team - http://pushamerica.org/PushAmerica/JourneyOfHopeTracking.aspx?id=1335
Team Roster - http://ipush.convio.net/site/TR?fr_id=1040&pg=entry-trainer
Social Media Release - http://pitch.pe/154344

Push America was founded in 1977 with the hope of committing its members to enhance the lives of people with disabilities. With the combined efforts of sponsors and individual team members, this year's Journey of Hope will raise more than $550,000 on behalf of people with disabilities. Push America and Pi Kappa Phi have raised more than $15 million to date and continue to be on the cutting edge of the disability movement.

# # #

For well over two years, Christian Care's Domestic Violence Shelter has been operating at full capacity and maintaining a waiting list for those who cannot immediately be admitted. In response to the pervasiveness of domestic violence in the Quad Cities and in order to offset some of the expenses that result from this unrelenting need, Christian Care is hosting its second annual walk to end domestic violence.

Christian Care's Walk the Walk to De "feet" Domestic Violence will take place onSaturday, August 6 at 10:00 AM, in Sunset Park in Rock Island. This free walk is a leisurely, non-competitive stroll through a beautiful section of the park. Its purpose is to show that domestic violence will not be tolerated in our community. Immediately following the walk, pork chop sandwiches, hot dogs, and homemade baked goods will be for sale. Adults and children will enjoy a variety of activities, including live music, presentations by domestic violence survivors, a professional self-defense demonstration, a magician, a cake walk, face painting, bean bag toss, trivia competitions and much more! Attendees will be able to bid on many silent auction items, luxuriate at one of the chair massage stations and purchase special event T-shirts, DV awareness ribbons, and survivor-made jewelry.

Domestic violence is a widespread problem, touching one in every three women and impacting the lives of their family and friends, as well. Christian Care invites community members to walk beside them as they support domestic violence survivors and work to break the cycle of violence in the future. Contributions to Christian Care can be mailed to PO Box 4176, Rock Island, Illinois 61204. For further information about this event, ways to help, or to find out more about domestic violence, call (309) 788-2273.

Independent Scholars' Evenings:

July 7th. 2011

Herb and Spice Food Circle/plate

 

The Independent Scholars are jointly compiling  of a list of recommended daily spices and herbs necessary for optimum health and preventative health care.

Please join in. Bring your recommendations or send them in via email, blog, facebook or phone.

A hard copy is in The Institute's library.

 

Second half of the evening will be open for

additions to the list of derogatory words.

The initial list of derogatory words is on our blog space.

A hard copy is in The Institute's library.

 

7.00 p.m

second floor of

The Moline Commercial Club

1530 Fifth Ave. Moline.

309-762-8547 for the Moline Club

309-762-9202 for The Institute.


light refreshments, wine and beverages are served.

The event is free and open to the public.

doors open at 6.30

Independent Scholars' Evenings are sponsored by

The Institute for Cultural and Healing Traditions, Ltd. Is a 501(c)3 at state and federal level since 1996.

Floor Statement of U.S. Senator Chuck Grassley

Tuesday, July 5, 2011

Continued Review of Audits of the Defense Department Inspector General

Click here for the video. Prepared remarks are below.

Mr. President, I come to the floor today to set the record straight on a report I issued on June 6th.

This report evaluated audits produced by the Department of Defense (DOD) Office of the Inspector General in fiscal year 2010.

I call it a Report Card because that is exactly what it is.

Each of the 113 unclassified reports published in fiscal year 2010 was reviewed, evaluated and graded in five categories. After each report was graded individually, all the scores for each report in each category were added up and averaged to create a composite score for all 113 reports.

Although 15 top quality audits were highlighted in the Report Card, the overall score awarded was a D minus. That's low, I know. Maybe the score should be a little higher. I don't know for sure.

Clearly, none reflected any of the reforms that Inspector General Heddell put in place in December 2010 - as all were published well in advance of that date.

My oversight staff read these reports as educated consumers. We expect these audits to provide leverage in the monumental day-to-day DOD oversight task. We want them to provide assurance that the Defense Department is spending the taxpayers' money wisely.

Some did that but most did not.

This Senator from Iowa is sure of one thing: The audits, which are the subject of my Report Card, are not somehow exempt from oversight and public scrutiny. They, too, need to be put under the public microscope - especially when they cost almost a million dollars apiece to produce.

So that's exactly what we did with the Report Card - put them in the public spotlight. And I will keep them there until I see sustained improvement.

As the report states and as I explained on in my speech on June 6th, this grading system was subjective and imperfect.  However, as subjective and inexact as it may be, I believe it provided a reasonable or rough measure of audit quality.

Following my speech, Defense Department Inspector General Heddell pounced on my report. He expressed strong opposition to the low score. He complained that it did not adequately reflect $4.2 billion in "achieved monetary benefits" identified in fiscal year 2010 audits.

To address IG Heddell's concerns, my staff asked the Audit Office to prepare an information paper that links the $4.2 billion in savings to the audit where those savings were reported. That information was provided to me on June 20th. I call it a "cross-walk." It takes me to the exact page in each report where the savings were discussed.

This document lists $4.4 billion in "identified potential monetary benefits" and "collections" of $4.2 billion.

After reviewing the "cross-walk," I have concluded that IG Heddell had a legitimate gripe about the Report Card. He is right. It should have included a section that addressed potential savings. So I will address those issues now, focusing on four reports that contained almost all of the $4.2 billion in savings listed in the "collections" column.

In grading these reports, we did not give sufficient credit for potential savings and efficiencies. They were a casualty of the grading system - for one simple reason. If the exact dollar amounts of alleged fraud and waste were not verified using primary source accounting records, they did not pop up on my oversight radar screen.

My staff is attempting to work with the Audit Office to develop a mutually agreed upon set of standards for grading audits. The purpose of these discussions would be to create a grading process that would accurately capture the true quality of all reports, including policy reviews that uncover real savings and efficiencies.

From the beginning, I have been very critical of the Audit Office for producing far too many policy reviews and far too few hard-core contract and payment audits.

For the most part, the policy audits have no measurable monetary impact whatsoever. However, I have learned recently that at least a few are important for other reasons. I am told that some of these reports are of real value in the work of the Armed Services Committee.

Contract and payment audits are also very important. They go right to the heart of the IG's core mission: To root out and deter fraud, waste and theft. If done right, they too can produce big pay offs. Those audits earned top scores in the Report Card.

Mr. President, I am not saying that the Audit Office should do nothing but contract and payment audits. What I am saying is this: The current mix of audits creates a huge imbalance in favor of policy reviews. A better balance needs to be established.

That said, Mr. President, I have an admission to make to my colleagues. I finally found a policy audit that I like.

This report is entitled Recapitalization and Acquisition of Light Tactical Wheeled Vehicles, number 2010-039, dated January 29, 2020. It identified potential savings of $3.84 billion. That's 90% of the savings uncovered in FY 2010 audits.

Now, in my Report Card, I gave this audit a low grade. This audit failed to connect the dots on the money trail and verify dollar amounts using primary source contract and payment records. Plus it took 16 months to complete.  When you add the four to six months of planning that often precedes the audit start date, you are probably looking at two years to complete this audit. That's far too long.

But this report had other important qualities that were overlooked. It uncovered gross violations of applicable procurement regulations, including use of a sole-source contracting arrangement. It also determined that the proposed vehicle might duplicate the capabilities of existing vehicles.

In the midst of this audit, for reasons that remain unclear, the project manager decided to stop the program "and put the $3.84 billion in funding to better use in FY 2010-2013." This language suggests that all the money was reallocated within Army accounts for other purposes. Clearly, the audit may have helped to stop $3.84 billion in potential waste. That's excellent, but this does not constitute savings in the classical sense -- as all the money was shifted to other Army projects. Waste could  happen there, too.

Using a modified grading system to reflect the good qualities of this audit, it would have earned a higher score were it not for an excessively long completion time. In this particular case, however, the impact of the audit was apparently felt while the audit was still in progress. So the timeliness rule may not apply here and probably should be set aside.

There are three other audits containing savings and efficiencies that I wish to discuss today.

The next one is entitled Implementation of the Predator/Sky Warrior Acquisition Decision Memorandum, number 2010-082, dated September 10, 2010.

The purpose of this audit was to determine whether the Air Force and the Army had complied with DOD directives and law to combine the Predator and Sky Warrior drone programs. The Defense Department estimated that $400 million could be saved by merging these two programs.

While the audit was in progress, DOD pulled the rug out from under the auditors. A new directive was issued, stating that the two programs did not have to be combined. To counter this move, the auditors recommended administrative action against those who failed to comply with the original directive. The DOD non-concurred and tossed the auditors a bone. DOD wiggled out of harm's way by offering to do a meaningless "lessons learned" exercise.  In the end, the auditors caved in, agreeing that the DOD plan was "responsive" and backed off.

Despite what appears to be an unsuccessful outcome, the Office of the Inspector General still claims that this audit produced $60 million in savings.  The audit itself indicates that the $60 million was, in fact, "reprogrammed to meet higher priority operations." That means it was reallocated to other DOD accounts - and not saved.

Since this audit was all about an opportunity to save $400 million - and DOD balked, maybe these so-called savings might be better characterized as lost savings.

In my Report Card, this audit earned low scores - mainly because it failed to verify actual costs of the two drone contracts, using primary source accounting records. And it failed to assess the validity of DOD's estimated savings of $400 million.

I am not convinced this audit deserves a higher score - especially since it took 22.5 months to complete, and the recommendations - though initially tough -- were watered down at the end.

The next report claimed $242 million in potential savings.

This one is entitled "Deferred Maintenance and Carryover on the Army Abrams Tank," number 2010-043, dated March 2, 2010.

This report concluded that contrary to Army claims, depot maintenance on M-1 tanks was not deferred in fiscal year 2008. All planned overhauls were, in fact, completed, but a large sum of money was left-over. The Army requested and received a formal, written waiver to "carryover" $346 million in un-needed and un-used fiscal year 2008 M-1 maintenance funds for use in 2009 and beyond. The reason given was inadequate capacity at the Lima, Ohio tank plant. Without the waiver, this money would have been cancelled and lost. The report concluded that Army documents contained "inaccurate and misleading" information and may have caused a violation of the Anti-Deficiency Act. It recommended that the waiver be recinded and $275 million in FY 2008 money be cancelled, reprogrammed or reduced.

The Army appeared to agree with the recommendation to disclose the $275 million carryover to Congress, but non-concurred with other recommendations.

This report does not point to any real savings.

This report probably deserves higher scores except for timeliness and strength of recommendations.

It was untimely, taking 22 months to complete.

In addition, there were unresolved issues about the waiver document. Did the official, who signed the waiver, know that document may have allegedly contained false and misleading information? Was he questioned about its truthfulness? If so, the report should have recommended that he be held accountable.

The last of four reports uncovered $2.2 million in purported savings, but this one appears to be  more about helping the Army spend - not save - money.

It is entitled "Controls Over Unliquidated Obligations for Department of the Army Contracts," number 2010-073, dated July 19, 2010.

This report deserves high scores for hitting most of the dots on the money trail, including verification of exact dollar amounts using primary source accounting records. Such nitty gritty accounting work is highly commendable.

Unfortunately, the objective of this audit appears to be questionable. The report finds that sloppy Army accounting work "could increase the risk that funds are unavailable for other needs because funds available for de-obligation are not identified in a timely manner." Now what does that really mean?

It means that the money in question is no longer needed and is at risk of being "lost" because it is about to expire.

Having un-needed money lying around in the Pentagon is almost always a recipe for more waste. In the Pentagon, there is no such thing as un-needed money. Every dollar has a mission.

This report is all about managing money to make sure that every cent is spent before it expires. Avoiding the loss of appropriations is the primary responsibility of the Army Comptroller or Chief Financial Officer - not the IG.

In this scenario, the IG's primary focus should be to ensure that "lost" appropriations are not used illegally - or that un-needed monies are not wasted by being shifted to another questionable project.  Money that is not needed should be reported to Congress and returned to the Treasury.

Although this audit deserves high scores in several categories, its long completion time - 16 months - and questionable focus lowers its overall score.

To summarize, Mr. President, there are two main problems with these four reports on savings and collections: 1) None was timely; and 2) Reported savings are unverified and elusive.

First, these four reports took an average of 19 months to complete. Two took a total of 45 months or almost four years to finish. And that does not include the four to six months it takes - I am told -- to get each audit rolling. As I have said on other occasions, the power of top quality audit work is greatly weakened by stale information.

Second, these four audits supposedly produced $4.2 billion in collected savings. But all of that money appears to have been shifted to other DOD accounts and spent. To the best of my knowledge, not one cent was really saved or re-deposited in the taxpayer's bank account.

Only in the government could you spend all the money and still claim savings.

What we are really talking about here are lost savings that grew out of waste that was thankfully discovered and avoided. And waste that is avoided surely has monetary benefits.

In closing Mr. President, I would like to share a simple observation with my colleagues.

For some reason, auditors in the Office of the Inspector General show a great reluctance to use the word waste in their reports. That word rarely - if ever - appears in their audits. At the same time, auditors seem overly eager to tout savings and efficiencies. Now, why would that be? Could it be that their superiors in the Pentagon take a dim view of the word waste?

Savings may be nothing more that the flip-side of waste. Auditors detect and verify potential waste and then convert it to potential savings by proposing remedies to eliminate the waste. Maybe the auditors need to start calling it what it is - call it waste, and then talk about savings.

I yield the floor.

(Davenport - Iowa) Bowls: Urban Eats is celebrating its grand opening with a ribbon cutting and drink specials Friday, July 8 at 4:30 p.m. in downtown Davenport. Attendees can enjoy $1 freshly squeezed lemonades and limeades, $3 signature cocktails, and be among the first to try out Bowls' unique menu. As the newest restaurant to the growing downtown neighborhood, Bowls is providing distinctive fare featuring freshly prepared pasta, rice, salad, and soups made with slow roasted meats and vegetables. Customers will be greeted by a sleek metallic décor and a walk-through line designed for quick, yet individualized service.

Co-owners Sid Rognoni and Chris Odendahl share a collective 40 years of restaurant experience, and their special twist on quick service and freshly prepared foods is already earning them a lot of fans. "It's truly a labor of love," said Rognoni. "We really wanted to bring something new to downtown, and we've already received overwhelmingly positive response since opening our doors."  

Bowls: Urban Eats features a variety of creative combinations to choose from such as the "Mac-n-Jack" and "Far East Beef & Noodle," but patrons are welcome to create anything from the wide variety of fresh ingredients on the menu. "Since we create every dish to order, it's very easy for people looking for gluten-free or vegetarian options to simply create their own perfect combination," said Odendahl. "Whether you're looking for something hearty or light, we can suit your taste."

With its ideal location at the corner of 3rd & Brady Streets, Bowls: Urban Eats is just as convenient for the late- night crowd on the weekend as it is for the busy business crowd during weekday lunches. The restaurant features a small bar, and on Friday and Saturday, it's open until 2 a.m. Patrons can enjoy a commanding view of the Wells Fargo Bank tower and the bustling Brady Street traffic as they sip on specialty drinks from Bowls' fully stocked bar.

Food is served during all hours of operation, and take-out orders are welcome. Bowls: Urban Eats is open Monday through Thursday from 11 a.m. to 8 p.m. and Friday and Saturday from 11 a.m. to 2 a.m. To-go orders can be placed by calling 563-424-2014.

(end)

WASHINGTON - Senator Chuck Grassley has asked the Chairman of the Federal Communications Commission (FCC) to comply with his request for information and account for the commission's resistance to transparency to date in order to build trust in the way the commission is handling the public's business.

"If anything, the shadows around the LightSquared project should have led the Federal Communications Commission to proceed with caution rather than step on the gas," Grassley said.  "The opposite happened and the FCC needs to be held accountable.  The public spectrum is limited, and it's a valuable asset that the Federal Communications Commission is responsible for protecting."

Since April, Grassley has sought information about a conditional waiver granted by the FCC to LightSquared, a new wireless Internet network project.  His inquiry was prompted by the project being on a fast track for government approval, despite concerns that it could jam the existing navigational systems used in farming, trucking, air travel, law enforcement, by the military and in general consumer navigation, and that the person funding the operation is a controversial hedge fund founder who is reportedly under federal investigation for questionable financial dealings.

Testing of LightSquared's technology is ongoing.  Disruption of GPS service has been identified, including for first responders, along with other interference concerns.

The text of the letter sent today from Grassley to Mr. Julius Genachowski is below.

July 5, 2011

Mr. Julius Genachowski

Chairman

Federal Communications Commission

445 12th Street, SW

Washington, DC 20554

 

Dear Chairman Genachowski:

On April 27, 2011, I sent you a letter asking for documents regarding the Federal Communication Commission's (FCC) communications with LightSquared, Harbinger Capital, Mr. Phillip Falcone, and the White House.  I requested a response by May 10, 2011.  On May 31, 2011, over one month after my initial request, you responded with a letter that did not respond to any of my questions and offered a general defense of the FCC's expedited procedure regarding LightSquared.

When my staff followed up with your legislative affairs office to seek an explanation for your failure to be responsive, my staff was told that the FCC chose to intentionally ignore the document requests in my letter.  FCC staff asserted that, as a general matter, the FCC does not respond to Congressional document requests unless they are made by the Chairmen of the House Committee on Energy and Commerce or the Senate Committee on Commerce, Science, and Transportation.  In a subsequent conversation, your legislative affairs staff asserted that if a Freedom of Information Act (FOIA) request for the same information were made, the FCC could draw out the process for approximately two years and that any documents eventually provided would be heavily redacted.

As none of this information was contained in the letter you sent to me, I am writing to see if it is in fact accurate and if so, explore the FCC's apparent decision to take an extreme position against transparency, which would stifle congressional oversight and public scrutiny in direct contradiction to President Obama's stated policies and instructions on open government.  In the interest of providing a full and complete answer to the questions I raised on April 27, 2011, I respectfully request that you answer the following questions.  In addition, when replying to this letter, please number your answers in accordance with my questions.

1.      Does the FCC plan to respond to the document request I made on April 27, 2011?

a.       If so, when will the FCC provide these documents?

b.      If not, why not?

2.      Is it the FCC's position that Congressional document requests are to be ignored unless they come from the Chairmen of the House Committee on Energy and Commerce or the Senate Committee on Commerce, Science, and Transportation?

a.       If not, please cite examples between January 1, 2000 and the present when the FCC has responded to document requests made by Senators and Members of Congress who do not chair committees of jurisdiction over the FCC.

b.      If so, is the FCC concerned that this position inhibits congressional oversight (please explain why or why not)?

c.       If so, why does the FCC not simply treat such requests as FOIA requests and process them accordingly rather than ignore them altogether?

d.      If so, is this a written policy?

i.      If so, please provide the policy and state how long it has been in place.

ii.      If not, please provide any written evidence indicating that this policy was in place prior to my letter regarding LightSquared.

3.      Was your legislative affairs staff correct in stating that a FOIA request regarding all the documents I requested in my April 27, 2011 could take approximately two years?

a.       If so, why would it take so long and how is that consistent with statutory obligations under FOIA?

b.      If not, approximately how long would it take to fulfill a FOIA request regarding these documents?

4.      What is the average length of time the FCC has taken to respond to FOIA requests from January 1, 2006 to the present?

5.      In my initial letter I noted that Mr. Phillip Falcone is being investigated by the Securities and Exchange Commission (SEC) for obtaining a $113 million loan from his hedge fund, Harbinger Capital, to pay his taxes, without the consent of his investors.  Since then, it has come to light that Mr. Falcone and his firm are also the subject of additional SEC investigations that include allegations of "market manipulation" and violations of the "short sale rule" involving three separate stocks.[1] According to published reports, Mr. Falcone's hedge fund, Harbinger Capital, controls roughly 80% of LightSquared's shares.[2] In continuing to support, "the opportunity presented by LightSquared" is the FCC concerned regarding these multiple investigations of Mr. Falcone?[3]

6.      Does the FCC have any safeguards to ensure that valuable spectrum allocations are not made to serial violators of our nation's securities laws?

a.       If so, what are those safeguards?

b.      If not, why does the FCC not have such a policy?

Thank you for your cooperating and attention in this matter.  I would appreciate a written

response by July 20, 2011.  If you have any questions, please do not hesitate to contact Chris Lucas on my staff at 224-5225.

 

Sincerely,

Charles E. Grassley

Ranking Member

Committee on the Judiciary

Illinois Conservation Corps Provides Valuable Work and Life Experience to Young People Throughout Illinois

CHICAGO - July 5, 2011. As part of his jobs agenda, Governor Pat Quinn today promoted a summer internship and jobs initiative for more than 2,500 teens and young adults throughout Illinois. The Illinois Conservation Corps will provide opportunities at more than 100 not-for-profit conservation, recreation and education-focused employers, including state parks, park districts and nature centers.

"It is never too early for our young people to get started on a career path and to teach them responsibility and leadership skills," said Governor Quinn. "Green jobs are the jobs of the future, and these internships will prepare our youth to compete in the economy of tomorrow."

The Illinois Conservation Corps will enable approximately 2,500 young workers to earn $8.50 an hour at more than 100 locations, including park districts, libraries and forest preserves. The effort is being managed by the Illinois Department of Natural Resources (IDNR).

"This is a great opportunity for our youth to gain valuable life and work experience, while furthering Governor Quinn's priority of leaving no child inside by enhancing local recreational and conservation programs," said IDNR Director Marc Miller.

Through one component of the program, local units of government, and nonprofit entities will receive grants to employ 16 to 19-year-olds in youth-focused educational, recreational and conservation programs.

A second aspect of the program enables IDNR to employ 18 to 25-year-olds as Seasonal Conservation Workers in state parks and other IDNR properties.

For more information about the Illinois Conservation Corps, please visit Jobs.Illinois.gov.

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Report examines how Affordable Care Act will revive and sustain small towns, farms and ranches

 

REPORT EMBARGOED UNTIL 6:00 a.m.

Wednesday, July 6, 2011

Lyons, Nebraska - According to a new report to be released July 6, 2011 by the Center for Rural Affairs, nearly 15 million young adults (19-29 years of age) in America are without health insurance. However, the report estimates that over 12 million of that young adult uninsured population will obtain coverage under provisions of the Affordable Care Act. These provisions are especially important for small towns and rural areas.

A full copy of the embargoed report can be viewed and downloaded immediately at:http://files.cfra.org/pdf/heal th-care-young-adults.pdf  and will remain available after the embargo is lifted.

Members of the media are asked to contact Elisha Smith (elishas@cfra.org or 402.687.2103 ext 1007) to set up interviews.

"Access to affordable, quality health insurance means more young adults can stay, return, or relocate to rural communities," said Alyssa Charney with the Center for Rural Affairs and the author of the report.

The report examines how the Affordable Care Act significantly benefits young adults, specifically those in rural areas, with provisions that include the ability to remain on their parents' policies, the creation of health insurance marketplaces, the elimination of pre-existing conditions, and incentives for employers to provide coverage. 

According to Charney's report, of the approximately 7 million rural residents between 20 and 29 years of age, 600,000 will be eligible to remain on their parents' health insurance until age 26 pursuant to the Affordable Care Act. Nationally it is estimated that 3.4 million young adults will be eligible for coverage under this provision. 

"The Affordable Care Act benefits rural young people in ways that extend well beyond individual health and affordability, because supporting the younger generation means supporting our rural communities for generations to come," explained Charney. 

"The places where young people choose to live, the work they pursue, and the passions they follow shouldn't be decided by limitations on how or where to find health insurance. The Affordable Care Act addresses these limitations," Charney added.

Rural communities are quickly declining in population, with many young adults leaving in search of outside opportunities and benefits. However, it would be incorrect to assume that this migration is driven by a lack of desire to live in rural places.

Forty percent of Americans would prefer to live in a rural area or small town, compared to the less than 20 percent who currently do, according to a survey from the National Association of Realtors. 

The author concludes that access to affordable, quality health insurance means more young adults can stay, return, or relocate to rural communities. Young farmers, entrepreneurs, and rural health care providers not only have much to gain from the Affordable Care Act, but they also have valuable skills and knowledge to contribute to rural communities.

This is the 13th report in a series dealing with how health care reform and the Affordable Care Act will impact rural America. Visit http://www.cfra.org/policy/hea lth-care/research  to review or download earlier Center for Rural Affairs health care reports.

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