Senator Chuck Grassley, Ranking Member of the Judiciary Committee, issued the comment below about the Obama administration's announcement today that it no longer will defend the Defense of Marriage Act.

"Today's decision is clearly based more on politics than the law because numerous federal courts have upheld the constitutionality of the Defense of Marriage Act.  Given the substantial record in the courts and the administration's acknowledgement that arguments can be made to defend the law, it's hard to see how the announcement isn't simply a roundabout expression by the President of support for same-sex marriage, which he said during the campaign that he opposed.  I voted for the Defense of Marriage Act in Congress, which President Clinton signed into law, defining marriage as between one man and one woman and preventing states from being forced to honor the decisions of other state courts."

New Law Protects Illinois' Retailers and Low-Income Communities

CHICAGO - February 23, 2011. Governor Pat Quinn today was joined by Cook County State's Attorney Anita Alvarez, Cook County Sheriff Tom Dart and representatives from the Illinois Retail Merchants Association to sign legislation that will strengthen the state's efforts to combat organized retail crime.

"Supporting Illinois businesses is key to our long-term economic growth," Governor Quinn said. "This important new law will help protect retailers and communities throughout Illinois from the economically damaging practices of organized retail crime."

Organized retail crime occurs when an individual, group or gang illegally obtains retail merchandise through theft and fraud in substantial quantities. House Bill 6460 will expand law enforcement's ability to charge and prosecute offenders of organized retail crime.

Under the new law, prosecutors will be able to seek forfeiture of assets of those convicted of organized retail crime. The forfeiture of assets represents a major legislative step forward in providing financial disincentive to organizers and participants of organized retail crime.

Across the country, the retail industry loses an estimated $30 billion a year to this practice. Additionally, it is estimated that the state of Illinois lost $77 million in tax dollars not collected in 2010 as a result of these thefts, according to the Cook County State's Attorney's Office.

Organized retail crime puts residents throughout Illinois at risk. Through organized retail crime, stores in low-income communities can end up stocking stolen merchandise, such as over-the-counter medication and baby formula, whose product temperature and caretaking needs have not been satisfied. The crimes also drive up prices for all merchandise.

"This legislation represents a great step forward in preventing the abuse of Illinois businesses by individuals who target them for theft," said Rep. Constance Howard (D-Chicago). "At the same time, this legislation provides a brighter future for those who seek to rehabilitate after committing crimes. This is a bill about a successful Illinois economy - successful businesses and successful job-seekers."

"Retail theft causes price increases for everyone. Therefore, the perpetrator must learn their lesson and pay their debt to society. Once the perpetrator has paid their debt to society, re-entry into the world of work and good citizenship should be our goal," said Rep. Monique Davis (D-Chicago). "I would like to thank my colleagues for their hard work on this important legislation."

House Bill 6460 also allows individuals who have completed supervision for retail theft to have their convictions expunged after two years, rather than five. This offers ex-offenders greater opportunity to successfully seek employment. The new law takes effect June 1.

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February 19, 2011

This week the House proposed cutting funding the Social Security Administration's (SSA) administrative expenses by more than $125 million below last year's funding level. The current funding proposal expires on March 4, 2011.  Analysis shows that the budget proposal will have a detrimental impact on Social Security in Iowa.

Harkin's full statement on the budget proposals before Congress can be found here.

"The economic downturn coupled with an aging population has caused a dramatic increase in the number of Americans filing for disability and retirement benefits since 2008.  While funding for the Social Security Administration's administrative expenses has largely kept pace with this increased work in recent years, the House proposal jeopardizes the basic administration of Social Security programs," said Harkin.

Below are some specific cuts Iowa will face in Social Security if the House budget is enacted.

The House proposal would force SSA to freeze all hiring, meaning they couldn't replace workers as they retire or leave the agency. This would leave SSA with about 3,500 fewer staff at the end of the year.  Furthermore this attrition wouldn't happen uniformly so it will leave some of SSA's 1,400 offices (more than 20 in Iowa) disproportionately understaffed. 

The House proposal may ultimately force SSA to furlough its more than 60,000 employees for up to four weeks. Jerry Nelson, the field office manager of the Waterloo Social Security Field Office, recently testified in front of Senator Harkin's Labor, Health and Human Services, and Education Appropriations Subcommittee on the effect of what just one furlough day would mean to his office. (Full testimony can be found here):

"Furloughs would be devastating to both the public that depends on us and to our employees... In my office, one furlough day would translate to 100 visitors not seen, 32 claims not taken, 150 phone calls unanswered, and 7 redeterminations not done... As people return to conduct business on days the office is open, walk-in office visitors would have longer waits to see a representative. Members of the public would also have to wait longer for scheduled appointments. Claims processing time would increase. A furlough day could be devastating to someone in a dire need situation desperate for a critical or immediate payment, or for a beneficiary needing verification information to qualify for food stamps, to obtain housing, or to get Medicaid."

Nationwide, as a result of the House proposal, the millions of Americans and thousands of Iowans filing for retirement and disability benefits this year would wait longer for the benefits they've earned, backlogs of those with pending disability claims and hearings could reach record levels, and waiting times at field offices and SSA's 1-800 number would increase dramatically.  Delaying these services to the most vulnerable populations?retirees, survivors, and person with disabilities?not only devastates millions of American families, but also hurts the economy.

Iowans receiving and filing for Social Security benefits:

·    There are over 600,000 Iowans receiving Social Security benefits; 45,000 will file for retirement benefits this year alone.  
·    The number of Iowans filing for disability benefits has increased 23 percent since 2008 and the number of appeals of those decisions has increased 57 percent.

Disability Benefits

Disability Claims Received                                 2008              2010             2008 to 2010 Increase
Iowa.................................................................20,269           24,964          23%
National............................................................2,591,900      3,129,023     21%
Disability Review Hearings Requested            
Iowa.................................................................2,302             3,615            57%
National............................................................589,449         720,161        22%

To view the location of Social Security Administration offices across Iowa, click here.

Grassley News


Keeping in Touch
I hope you'll continue to keep in touch and contact me with your comments and questions.
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Shed Light on Federal Courts
Greater transparency would lead to greater accountability in the federal courts. This week I reintroduced my bill to let judges allow video and audio coverage of judicial proceedings.
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Preserving Open Spaces, Rural Heritage
Promoting land conservation has had long-standing bipartisan support. This week I reintroduced a bill to permanently extend income-tax relief for farmers and others who donate land for conservation.
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Out of Debt at Home, In the Red in Washington
This week brought a positive headline: American families are getting out of debt and saving more money than in years. The federal government should follow this example. Unfortunately, the President proposed a budget that... Read more
http://www.cbsnews.com/video/watch/?id=7356343n
Dry Docking in Order for Luxury Boat, Overseas Travel
When federal law enforcement officials buy a $300,000 luxury boat and can't document that it's used for work, purchase 200 vehicles for a 172-person office, and spend $580,000 for international travel to places like Australia, Malaysia and Norway, with only 17 percent of the... Read more

Making Representative Government Work
Next week, the U.S. Senate will be in recess, and I'll be in Iowa for constituent meetings in Maquoketa, DeWitt, Davenport, Eldridge, Wilton, Wapello, Keokuk, Burlington, Keosauqua, Wayland, and Amana. Since 1980, I've held... Read more
Keeping the Judicial Branch Accountable
Of the three branches of government, the judicial branch is often the least understood and the most mysterious to the American people. Federal judges and Supreme Court justices often operate behind closed doors, so only a very few people understand the inner workings of this critical function of our democracy. To add even more obscurity, the federal Judiciary is supposed to engage in self-regulation on ethics issues and the administration of our federal courts. Unfortunately, ethics violations, conflicts of interest, appearances of... Read more

Grassley Questions Immigration Service's Initiative to Modernize Existing Technology

WASHINGTON - Senator Chuck Grassley yesterday sent a letter to Citizenship and Immigration Services Director Alejandro Mayorkas requesting an update on the "Transformation" initiative, a project that was intended to modernize and upgrade existing technology.

Grassley's letter cited a news story that reported the project thus far has a $630 million price tag with little progress on completion.  Grassley also wrote to Mayorkas about reports that indicate the upgrades won't be complete until 2022 and at a cost of $2.2 billion.

"It's quite clear that technology upgrades are not a strong suit of the federal government.  Time and time again, this has been a problem for federal agencies," Grassley said.  "These agencies and contractors need to be held accountable for their use of taxpayer money, especially when there's little or nothing to show for it."

Grassley is familiar with cost overruns and missed deadlines with the federal government's attempts at technology upgrades.  For years he's conducted oversight of the long-hampered computer system modernization issues at the FBI and the IRS.

Here is a copy of the text of Grassley's letter to Mayorkas.

February 16, 2011

Via Electronic Transmission

 

The Honorable Alejandro N. Mayorkas

Director

U.S. Citizenship and Immigration Services

U.S. Department of Homeland Security

20 Massachusetts Avenue

Washington, DC 20529

 

Dear Director Mayorkas:

I'm writing to express concern about the failures encountered by the U.S. Citizenship and Immigration Service (USCIS) "Transformation" initiative.  This initiative was meant to modernize and upgrade existing technology in order to achieve operational efficiency.

According to one news report, over $630 million has been spent on the Transformation program, and the projected completion has been pushed back by almost a decade.  The Department of Homeland Security originally scheduled this project to be completed in 2013, but reportedly, USCIS will not complete the task until 2022 at a cost of $2.2 billion dollars.  That's a $1.664 billion increase over the original planned cost of $536 million.

I'm concerned that very few improvements have been made since the Government Accountability Office (GAO) reported to Congress in 2007 about the Transformation initiative.  The GAO and the Inspector General have noted that "efforts to modernize...have been unfocused, conducted in an ad hoc and decentralized manner, and in certain instances, duplicative."

In order to gain a complete understanding of the problems inhibiting the USCIS Transformation project, please make the appropriate USCIS officials available to brief members of my staff no later than February 28, 2011.  I look forward to your response to the above mentioned request no later than February 22, 2011.  If you have any questions on this matter, please call (202) 224-5225.  All written responses should be sent in electronic format.

Sincerely,

Charles E. Grassley

United States Senator

WASHINGTON - February 17, 2011 - Senator Chuck Grassley has asked the Commerce Secretary to ensure a full accounting and appropriate discipline for abusive spending of asset forfeiture funds collected by federal law enforcement officials at the National Oceanic and Atmospheric Administration.

Grassley's request is based on questionable purchases including a $300,000 luxury boat purportedly for undercover operations.  The law enforcement office was unable to provide documentation that the boat had ever been used for an undercover operation when the Inspector General began inquiring, but indications are that it was used by executive staff for fishing trips.  Other expenditures include the unauthorized purchase of 200 vehicles for a 172-person law enforcement office, and $580,000 in international travel, with only 17 percent of the travel directly related to law enforcement investigations.

"Nothing's being done to fully account for what happened, and no one's been held responsible for wrongdoing," Grassley said.  "Turning a blind eye is license for more of the same and continued disregard for the public trust held by these public officials.  In this case, it's at the direct expense of average Americans."

A report issued by the Inspector General for the Commerce Department found that as much as $96 million may have gone through this fund in the last five years.  The amount of money could not be verified because the books were in such disarray.  The fund also was unusual in that it wasn't created through the sale of assets seized as a result of their use in criminal enterprises.  Rather, it consisted of money collected through administrative fines and penalties imposed with little oversight or judicial review.

In a letter to Commerce Secretary Gary F. Locke, Grassley said the nature of the fund "has led to allegations of questionable conduct on the part of enforcement officers who had an incentive to impose exorbitant penalties and fines on fisherman."

Grassley said that while an outside auditing firm has been brought in to determine the balance of the fund and audit the most recent fiscal year, that fails to account for what went on since 2005.  "The public deserves to know, and the abuse needs to be stopped," Grassley said.  "If heads don't roll, nothing's likely to change."

http://www.cbsnews.com/video/watch/?id=7356343n

Prepared Statement of Senator Chuck Grassley

Senate Committee on the Judiciary

"Targeting Websites Dedicated to Stealing American Intellectual Property"

Wednesday, February 16, 2011

Mr. Chairman, I appreciate your holding this hearing on this very important subject.  I agree that increased online theft of intellectual property has really become a rampant problem.  There's a lot of interest in going after criminals who engage in pervasive piracy and counterfeiting online.  That's because the impact of copyright piracy and sale of counterfeit goods imposes a huge cost on the American economy - lost jobs, lost sales, and lost income.  In fact, these detrimental impacts go far beyond the American economy.  One recent report estimated that counterfeiting and piracy have resulted in 2.5 million jobs lost in G20 economies, and that the global value of counterfeited and pirated goods exceeds $650 billion dollars.  Those are staggering numbers.

Piracy and counterfeiting also can present serious health and safety problems.  Counterfeit products such as ineffective pharmaceuticals, defective electrical products, tainted toothpaste, malfunctioning equipment, and sub-par materials, all pose a danger to the American public.  Addressing this problem would help protect consumers against harmful counterfeit and pirated products.

A large chunk of this piracy and counterfeiting is done online.  That's because the internet reaches across the globe and is mostly anonymous.  Moreover, part of the problem is that many internet websites that engage in offering infringing content and counterfeit goods are actually foreign owned and operated.  These websites appeal to American consumers because they reside at familiar top level domains, such as .com or .net.  These websites also appear to be legitimate because they have corporate advertising and credit card acceptance.

Today we'll hear testimony on the scope of intellectual property theft over the internet and what efforts have been undertaken to combat this scourge.  I'm interested in hearing whether the witnesses support or have concerns with the legislation that the Senate has proposed to address the problem.  I'm certain that everyone supports the underlying goals of S. 3804, the Combating Online Infringement and Counterfeiting Act, a bill that was introduced in the last Congress.

That said, a number of concerns have been raised about that bill, and it is appropriate for the Committee to look into those concerns to determine whether they are legitimate and should be addressed.  Certainly, we should act responsibly so that we do not harm consumers, innovation, or economic growth.

-30-

Council will Focus on Increasing Innovation and Economic Growth

SPRINGFIELD - February 16, 2011. Governor Pat Quinn announced today during his budget address the creation of the Illinois Innovation Council, which will help ensure the state remains on the cutting-edge in the global economy.  The council, which is chaired by Groupon Co-Founder Brad Keywell, is made up of key business executives across a variety of critical sectors, along with science, technology and university leaders.

"By harnessing our resources and coordinating our efforts, by putting scientists and inventors in touch with businesses and investors, and by placing significant private-sector investment behind the best ideas in our state, we will create the jobs of today and tomorrow right here in Illinois," Governor Quinn said.

The council will promote the role and importance of innovation in economic development and quality of life; convene and partner with academic, business and governments to evaluate and recommend initiatives to improve support for innovation, and align public and private resources. The council will also develop methods to identify, promote and attract innovation-driven enterprises and individuals to Illinois, in order to grow existing industry clusters and contribute to the development of new clusters. It will also develop policies to cultivate and retain entrepreneurs, innovative researchers and other enterprises.

"There is nothing more important for Illinois' economic future than creating an environment throughout the state that encourages innovation and entrepreneurship on a daily basis.  Governor Quinn and I both believe that Illinois has all of the assets and attributes to continue thriving on the world stage, but we must keep pushing the envelope in both the public and private sector to make this a reality," Keywell said.

The council, which was a recommendation of the Governor's Economic Recovery Commission, will meet at least four times over the next year, starting in March.  The Illinois Science and Technology Coalition, an independent, not-for-profit organization, will also assist the council.  A complete list of members is attached.

For more information and copies of Governor Quinn's operating and capital budget proposals for fiscal year 2012, please visit Budget.Illinois.gov.

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CHICAGO - February 16, 2011. Governor Pat Quinn today took action on the following bills:

              Bill No.: HB 5424

Limits the length of collective bargaining agreements, makes changes to budgeting for outcomes provisions and sunsets all grants.

An Act Concerning: State Government

Action: Signed

Effective Date: Immediately

 

Bill No.: SB 3088

Reduces outlier payments to hospitals and sets aside a portion of funds for nursing home enforcement and home and community-based services.

An Act Concerning: State Government

Action: Signed

Effective Date: Immediately

 

Bill No.: SB 3708

Amends the state budget law to make technical changes to some of the requirements regarding submission of the Governor's quarterly budget statements.

An Act Concerning: Revenue

Action: Signed

Effective Date: Immediately

Tuesday, February 15, 2011

Senator Chuck Grassley released the following statement after a new report from the National Academy of Sciences raises questions about some of the science used to close the Amerithrax investigation.  Grassley has conducted oversight of the FBI's handling of the case since 2002.

"For years the FBI has claimed scientific evidence for its conclusion that that anthrax spores found in the letters were linked to the anthrax bacteria found in Dr. Ivins' lab. The National Academy of Sciences report released today shows that the science is not necessarily a slam dunk.   There are no more excuses for avoiding an independent review and assessment of how the FBI handled its investigation in the anthrax case."

Background:

During a September 17, 2008 Senate Judiciary Committee oversight hearing with FBI Director Robert Mueller, Grassley brought up the need for an independent review of both the science and the investigative work.   Here is the text of that portion of the hearing transcript.

"...This is one of the longest and most expensive investigations in FBI history, and there will probably never be a trial.  Congress and the American people deserve a complete accounting of the FBI's evidence, not just as selective release of a few documents and a briefing or two.  There are many unanswered questions the FBI must address before the public can have confidence in the outcome of the case, and a thorough congressional investigation is needed to ensure that those questions are answered.  And I appreciate the Director referring to the National Academy, BUT I would like to also suggest that the National Academy would not be reviewing FBI interview summaries, grand jury testimony, internal investigative memos, other investigative documents.  The Academy would only be reviewing the science, not the detective work.  And, of course, I believe we need an independent review of both..."

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