December 12, 2008 CONGRESSIONAL RECORD — SENATE S10971 TARP SPECIAL INSPECTOR to be able to assure ourselves that delay restoring the Justice Department GENERAL these recommendations are taken seri- and the confidence the American peo- ∑ Mrs. MCCASKILL. Mr. President, ously and are being considered. We ple have in our justice system. We this week, the Senate passed an impor- should know the reason if these rec- must promptly consider and confirm tant piece of legislation sponsored by ommendations are not implemented. Eric H. Holder Jr., and other nominees Senator GRASSLEY and myself, that Finally, Senator SNOWE suggested of the new President. was needed to assure the new Special that we should make sure that the Spe- I was encouraged by the initial reac- Inspector General for the $700 billion fi- cial Inspector General has the re- tion in mid-November when Mr. Hold- nancial rescue program could staff up sources he needs by imposing a time er’s name was reported as the likely quickly and have the ability to do his limit on providing him with the money nominee, and when he was designated job. S. 3731’s other cosponsors—Sen- allocated to his office in the original by the President-elect on December 1. ators COLLINS, LIEBERMAN, SNOWE, bill. The relationship between an agen- Democrats and Republicans alike ac- DODD, BUNNING, SCHUMER, LEVIN, CAR- cy and an office charged with over- knowledged his qualifications and PER, COLEMAN and CANTWELL—were seeing them is a delicate one. Tensions praised the choice. I appreciate the also key to securing unanimous sup- sometimes arise due to the fact that willingness of Larry Thompson, who port for this bill in the Senate. Finally, IGs must rely on the agency they audit was confirmed early in 2001 as Presi- I want to give special thanks to Sen- and investigate for their resources. dent Bush’s first Deputy Attorney Gen- ators BAUCUS and SHELBY for working While I have no reason to think that eral; Louis Freeh, the former Director closely with us to craft a strong bipar- the Treasury Department would deny of the FBI; and Fran Townsend, Presi- tisan bill. Mr. Barofsky the funds needed to per- dent Bush’s former Homeland Security This legislation, the Special Inspec- form his duties, this provision would advisor, to speak out in support of Mr. tor General for the Troubled Asset Re- eliminate that tension. Holder’s designation. lief Program, SIGTARP, would specifi- Unfortunately, we were not able to As early as November 19, the ranking cally grant the Special IG created secure passage of this legislation in the Republican member of the Judiciary under TARP earlier this fall to have House before we adjourned this week. I Committee said that he would not hold full oversight over all activities under will do everything I can to bring it up the matter, but ‘‘would be prepared the TARP program. The bill would back first thing in the 111th Congress to move ahead very promptly with have also granted the IG the temporary to secure its quick passage in both hearings.’’ I appreciated and shared his hiring authority needed to quickly hire chambers and signed into law to assure desire to proceed ‘‘as fast as we can the dozens of auditors required to con- we have strong oversight on the $700 move’’ and his commitment that he duct this critical oversight. billion financial rescue program.∑ ‘‘wouldn’t hold it up.’’ He said that he As the original Inspector General ∑ Mr. LEAHY. Mr. President, the elec- hoped Mr. Holder would ‘‘re-profes- language is written under current law, tion of Barack Obama and JOE BIDEN, sionalize’’ the Justice Department. I Mr. Barofsky, who was confirmed as and the President-elect’s selection of hope so, too. the Special Inspector General this Eric Holder to be Attorney General of I agree with Senator SPECTER that week, must hire his entire staff using the United States, provide an historic we need to strengthen the Justice De- normal civil service channels. I am a opportunity for the country to move partment. He and I coauthored an arti- big proponent of using the normal hir- past the partisanship of the past dec- cle in the Politico before the election. ing process whenever possible. But that ades, and work together to solve the In a sentence Senator SPECTER quoted process is time consuming and can Nation’s problems, protect against se- recently on the Senate floor, we wrote: take weeks, sometimes months, to hire rious threats, and meet some of the ‘‘The Attorney General must be some- one person. Meanwhile, this money is greatest challenges of our time. We all one who deeply appreciates and re- flying out the door. TARP has given know these men. They have long and spects the work and commitment of out nearly all of the first $350 billion, distinguished records of service and ac- the thousands of men and women who and they have already told us they complishments. They can make a real work in the branches and divisions of want the second half soon. Yet, Mr. difference if we join with them, not as the Justice Department, day in and Barofsky has no staff, and he won’t Democrats or Republicans, but as day out, without regard to politics or have staff for some time. We need to Americans. ideology, doing their best to enforce fix this—right now. The need for new leadership at the the law and promote justice.’’ I have Our bill would also make clear that Department of Justice is as critical every confidence that Eric Holder is the Special Inspector General has over- today as it has ever been. The Judici- such a person, and I said so in this sight authority over the entire relief ary Committee, both Democrats and chamber on November 20. Indeed, in his program. As written right now, Republicans, spent a good deal of time brief remarks on the morning he was SIGTARP has oversight authority over and effort during this Congress uncov- designated, Mr. Holder expressed just only two sections of the relief program. ering scandals at the Department. such appreciation. Why would we want to limit the In- Former Attorney General Gonzales, I know that the professionals at the spector General to only certain sec- Karl Rove, Mr. Rove’s White House Department of Justice reacted with de- tions of this program? Our legislation deputies, and virtually the entire lead- light when he was named because they would make clear that SIGTARP has ership at the Department resigned in know him well. They know him from oversight duties over all of TARP. This the wake of congressional investiga- his 12 years at the Public Integrity would include sections related specifi- tion. Since then, the Inspector General Section, from his time as the U.S. At- cally to assistance to homeowners and at the Department has confirmed many torney for the District of Columbia, promulgation of conflict of interest of our findings and fears, and there are from his tenure on the bench, and from rules by the Secretary of the Treasury. still more reports to come. An ongoing his years as the Deputy Attorney Gen- Senator SNOWE added some provi- criminal investigation is being con- eral, the second-highest ranking offi- sions to assure that the IG would pro- ducted by a specially appointed pros- cial of the Department. His prompt vide Congress and the public a thor- ecutor. The crisis at the Department of confirmation will do a great deal to re- ough analysis of TARP’s spending, as Justice is not resolved, but ongoing. store morale throughout the Justice well as a requirement for Treasury offi- I want to continue the work we began Department. cials to report to Congress an expla- last year when I scheduled prompt I have called Mr. Holder a prosecu- nation if they did not implement the hearings and the Senate proceeded to tor’s prosecutor. He participated in a IG’s recommendations. confirm Michael Mukasey, Mark Filip number of prosecutions and appeals in- As a former auditor, nothing is more and Kevin O’Connor to serve as Attor- volving such defendants as the State frustrating than seeing your rec- ney General, Deputy Attorney General Treasurer of Florida, a former Ambas- ommendations completely ignored. I and Associate Attorney General after sador to the Dominican Republic, a would never claim that all audit rec- the Rove-Gonzales resignations, even local judge in Philadelphia, an Assist- ommendations can, or should, be im- though we were on the eve of the elec- ant United States Attorney in New mediately implemented. But we need tion of a new President. We cannot now York City, an FBI agent, a ‘‘capo’’ in VerDate Aug 31 2005 01:41 Dec 13, 2008 Jkt 079060 PO 00000 Frm 00013 Fmt 4637 Sfmt 0634 E:\CR\FM\A12DE6.022 S12DEPT1 jbell on PROD1PC69 with SENATE S10972 CONGRESSIONAL RECORD — SENATE December 12, 2008 an organized crime family, and a pow- nomination in 30 days. I did not curb everyone and that we are working with erful Democratic chairman of the the rights of Committee members to local and state as well as Federal offi- House Ways and Means Committee. pose questions to then-nominee cials constantly to improve our crimi- After he served for a dozen years as a Mukasey during his confirmation proc- nal justice system. Public confidence prosecutor, President Reagan nomi- ess; I do not intend to do so with Eric and faith in that system has been shak- nated Mr. Holder to be a judge, and he Holder.