mr. grassley: mr. president? the presiding officer: the senator from iowa. mr. grassley: many of my colleagues know that i have been fighting for years to end the abuse of the h-1b visa program and help disadvantaged u.s. workers who are harmed by that program. so today i would like to draw my colleagues' attention to a recent incident that highlights how some employers are potentially using legal avenues to import foreign workers lay off qualified americans and then export jobs overseas. i was shocked by the heartless manner in which u.s. workers were injured in the case i am about to describe, but first i'd like to remind my colleagues about how the h-1b program is supposed to work. under the terms of the h-1b program, u.s. employers may import into the united states each year up to 65,000 so-called specialty occupation workers. the jobs being filled must be a job for which a bachelor's degree is necessary even though the annual cap is 65,000, the actual number of foreign workers being imported is much more because of numerous exceptions and exemptions. in fisc

mr. grassley: in addition -- the presiding officer: without objection. mr. grassley: in addition, lawful prosecutorial discretionary doesn't reward illegal behavior by conferring substantive benefits to those who have violated the law. yet under the president's unilateral action, individuals who have entered without inspection or overstayed their visas unlawfully now will get work permits, social security numbers, drivers' licenses, employment and education opportunities, and many other benefits only afforded to those who abide by the law. further, the president argues that because the department doesn't have sufficient resources, he is exercising prosecutorial discretionary by prioritizing the removal of the most dangerous aliens for better security of our country. yet the reality of his statement is that in fiscal year 2013, 36 36,007 criminal aliens were released. what's more, a report just issued by homeland security reveals that 1,000 of those criminal aliens have gone on to commit further crimes. so the president isn't even doing what he says he is doin

mr. grassley: madam president? the presiding officer: the senator from iowa. mr. grassley: first, i would have a unanimous consent request for the leader. i have six unanimous consent requests for committees to meet during today's session of the senate. they've been approved by both the majority and minority leaders. i ask unanimous consent that these requests be agreed to and that these requests be printed in the record. the presiding officer: without objection. mr. grassley: madam president two days ago abc ran a story on their "nightline" program that brought to light issues with the immigrant investor program. this program is also known as eb-5. this immigration program was created by congress in 1990. it was created to stimulate the u.s. economy through job creation and capital investment by foreign investors. in 1992, congress further added the regional center component that allows participants to pool dollars for foreign investors. the story on "nightline" detailed how visas and green cards are for sale for a mere half million dollars. it also highlighted ho

mr. grassley senator grassley asked you questions about the impact within the internal revenue code and the department of what the president has done on executive amnesty. you went back and forth with senator grassley. and asked you about um people that are benefiting from the amnesty. and claiming the earned income tax credit up to 3 years you remember that testimony with senator grassley? i do. i don't now know if we established that -- what would the total cost that have program be? i don't know. i don't know where the $31 billion of 21 billion i don't know where the $ -- 21 billion has. we have stopped with the refund fraud and $ 5 billion. what went through. and we are worried about and this is not 21 or $31 billion going out the door. with regard to the question that you asked earlier. yes to be eligible for the earned income tax credit you have to work it is an earned income tax credit. to be able to apply for that have you to have a social security number and okay. so if you are. we have $700,000 out there by illegal immigrants that are paying taxes. correct they are not eligible to

mr. grassley. senator grassley asked you questions about the impact within the internal revenue code and within your department of what the president has done on executive amnesty. i think you went back and forth with senator grassley and he asked you about people who are benefitting from the amnesty, claiming the earned income tax credit in arrears for up to three years. you remember that testimony with senator grassley? >> i do. >> and i don't know if we established what that would cost? have you had a chance to figure what the total cost of that program would be? >> i have not. but before i get there i don't know where the 31 billion in refund fraud came? >> 21 billion. >> as gao testified, we stopped last year about 16 billion with the refund fraud and only 5 billion is our estimate which went through. which is still a big number and we're worry abdomen butout. but it isn't $21 billion going out the door. now with the question you asked earlier, to be eligible for the earned income tax credit y

mr. grassley: mr. president members of the senate, as chairman of the judiciary committee, i've mentioned publicly that i am open to certain federal sentencing or prison reforms but i've tried to make it very clear that i'm very opposed to others, so today i would like to address the realities of drug sentencing in the federal criminal justice system. i do so because there are many myths that surround the topic. the myth is that there are thousands of low-level drug offenders like people smoking marijuana in federal prison for very long terms. this is supposed to mean a waste of federal tax dollars overcrowding and unfairness to people who should not be in prison. these myths are often used to just phi lenient and frankly dangerous sentencing proposals here in the united states senate. one of those proposals is a so-called smarter sentencing act. it's time to set the record straight. that's why i'm here. it's important to know how many people are in federal prison for drug possession, who they are and

mr. chair. >> senator grassley. >> thank you secretary for appearing in more portly i appreciate it very much the frequent phonecalls where you call give me updates. i only have one question at the end but i have a lead-in so be patient with me. i am concerned about the recent failure of a co-op created through the affordable care act operating in iowa and nebraska. co-opportunity was one of 23 co-ops formed under that law and the federal government loaned money through cms. i understand seamus played a significant role in overseeing the co-ops including the ultimate authority over setting the rules. co-opportunity was successful in training beneficiaries of the second most covered of all the 23 co-ops. it was more successful than they anticipated. in the summer it became became obvious company opportunity and the iowa insurance commissioner that co-opportunity would need additional loans from cms to stay in business. both the iowa commissioner commissioner and company opportunity frequently inquired with the mess about their capital position and the need for certainty ahead of open enrollmen

mr. grassley: today i'm glad to be joined by senator casey of pennsylvania in introducing bipartisan legislationto improve upon the already immensely successful college 529 program. those are saving plans to go to college. 529 plans have helped millions earn a college degree without piling up a mountain of debt. these plans have long had strong bipartisan support and i'm glad the introduction of this bill today continues that tradition given the bipartisan nature of 529 plans it came as a shock to me and i'm sure to most of my colleagues when the president put forth a proposal that would undermine years of hard work towards making savings for college as accessible as it is today. college savings vehicles we know by -- and we know -- now know by the tax code section -- that's where section 529 comes from -- were first started by states in the late 198 os. however, it was only after a bipartisan effort led by then-senator bob graham of florida and senator mcconnell now our majority leader in 1996 that these savings plans were finally enshrined in section 529 of the tax code. by recognizing college

mr. chairman. >> senator grassley? are you ready? or would you like me to go? >> why don't you -- >> i'm happy to have you go. >> if we're limited to five minutes, you go ahead. >> okay, great. >> yes go ahead. >> secretary lew let me kind of walk through what looked like the transportation choices ahead. because i think that's an important part of this debate. to me, there's sort of three entrants in the discussion. there is the gas tax issue, and we got a sense last year that it would be hard to build significant bipartisan support for a major hike in the gas tax. then there is the repatriation issue. and i'm certainly open to looking at this, a question of taxes, and transportation. there is clearly an infrastructure -- a nexus there. because we have of course, trust funds, and we have excise taxes, so there is a clear nexus there. i think we also have learned from the 2004 experience that there is no repatriation rainbow out there. and in fact my sense is, that if you make it voluntary with respect to the whole process the joint committee on taxation our sc

mr. chairman, my time is almost up, i'll yield the floor. >> senator grassley? >> i think the president's budget is an ideological statement. based on the faith of government making decisions as opposed to individuals making decision ss i think it's based on the proposition that 535 people here in congress are a heck of a lot smarter than 137 million taxpayers and that gets to the issue of increases taxes or not. quite frankly i think the dynamics of the american economy is going to advance the economy much faster if you have 137 million taxpayers decide whether to spend or save, and how to spend it, and how to save it, as opposed to those of us here in the congress of the united states and the president of the united states making that decision. and it's not a question of big government, small government it's a question of where -- what does the most to expand and grow our economy, because what this country needs is not more tax rates, or more taxes. we need more taxpayers. and that's going to happen by the capital investment that individuals make. not what the

mr. secretary, you've not answered our questions, and i'd like to know why that is. senator grassleye. he cannot answer these questions, sir? but now we are getting some answers. in a statement homeland security says they have cut off applicants for the eb-5 program under los angeles under vision for ties to iran and homeland security secretary jay johnson told reporters today he's looking for ways to make sure the program is much more secure. >> so there may be some changes. >> brian ross on the case. thank you, brian. >>> coming up on "nightline," what ginger zee and her team pulled off today, flying a drone into an active volcano. s mess? a mess? i don't think -- what's that? snapshot from progressive. plug it in and you can save on car insurance based on your good driving. you sell to me? no, it's free. you want to try? i try this if you try... not this. okay. da! our eyes they have a 200-degree range of sight. which is good for me. hey! and bad for the barkley twins. your brain can send information to the rest of your body at 268 mph. three times the speed of a fastball. take ca

mr. chairman. >> thank you senator. senator grassley. >> thank you secretary for appearing. more importantly i appreciate very much the frequent phone calls to call me and give me updates. i only have one subject. one question at the end. but i've got a lead-in so be patient. i'm concerned about the recent failure of the co-op opportunity. co-op por tunety was one of the acts formed under that law and government loaned money to them. as i understand cms played a significant role in overseeing the co-ops including having ultimate authority over setting the rules. it was very successful in attracting beneficiaries with the second most covered lives of all the 23 co-ops. it was even more successful than they had anticipated. in the summer it became obvious co-opportunity would need additional loans from cms to stay in business. both the iowa insurance commission and co-opportunity frequently inquired with cms about their capital position and need nor certainty ahead of open enrollment as it was clear that liquidity crisis was developing. cms knew co-opportunity was going to be

mr. chairman, my time is almost up, i'll yield the floor. >> senator grassley? >> i think the president's budget is an ideological statement. based on the faith of government making decisions as opposed to individuals making decision ss i think it's based on the proposition that 535 people here in congress are a heck of a lot smarter than 137 million taxpayers and that gets to the issue of increases taxes or not. quite frankly i think the dynamics of the american economy is going to advance the economy much faster if you have 137 million taxpayers decide whether to spend or save, and how to spend it, and how to save it, as opposed to those of us here in the congress of the united states and the president of the united states making that decision. and it's not a question of big government, small government it's a question of where -- what does the most to expand and grow our economy, because what this country needs is not more tax rates, or more taxes. we need more taxpayers. and that's going to happen by the capital investment that individuals make. not what the

mr. chairman my time is almost up, i'll yield the floor. >> senator grassley? >> i think the president's budget is an ideological statement. based on the faith of government making decisions as opposed to individuals making decision ss i think it's based on the proposition that 535 people here in congress are a heck of a lot smarter than 137 million taxpayers and that gets to the issue of increases taxes or not. quite frankly i think the dynamics of the american economy is going to advance the economy much faster if you have 137 million taxpayers decide whether to spend or save and how to spend it and how to save it as opposed to those of us here in the congress of the united states and the president of the united states making that decision. and it's not a question of big government small government, it's a question of where -- what does the most to expand and grow our economy, because what this country needs is not more tax rates, or more taxes. we need more taxpayers. and that's going to happen by the capital investment that individuals make. not what the go

that is the claim senator chuck grassley of kansas is finding out and making the claim that mr.hernandez jesus rangle hernandez who was here in this country illegally and applied apparently for a stay of deportation was granted it by the administration and went on to commit all kinds of atrocities. >> yeah. he has been charged with murdering four people in north carolina. one of those murders was a former contestant on america's next top model. >> mr. rangle hernandez applied for and received deferred action under the president's deferred action for childhood arrival programs. >> damascus can a just another dreamer. he has not been convicted. he has been charged. he is charged with murdering four people. the senator from kansas has demanded that the white house, jay johnson the head dhs answer a simple question. did this guy get preferential treatment from the administration? the question is will the administration answer? it shouldn't be hard to check that. how long will it be before they fess up or not before they provide that information. we will be following it. >> coming up

mr. grassley: i ask that the calling of the quorum be suspended. the presiding officer: without objection. mr. grassley: i would ask unanimous consent any time in quorum be equally divided. the presiding officer: without objection. mr. grassley: i suggest the absence of a quorum. the presiding officer: the clerk will call the roll. quorum call: quorum call: quorum call: a senator: mr. president? the presiding officer: the senator from indiana. mr. coats: mr. president i ask i ask for the call of the quorum to be vitiated. the presiding officer: without objection. mr. coats: later this month on february 27 exactly funding for the department of homeland security will run out. i think we all agree that this is a critical time for our country's national security, and it's important that we fully fund the homeland security needs to protect americans against terrorist attack and other things that could happen in this country that homeland security is addressed to -- is in a position to address. but in recent days, several of my friends across the aisle h