Commerce, Justice, Science, And Related Agencies Appropriations Act, 2010

Floor Speech

BREAK IN TRANSCRIPT

Mr. DURBIN. Mr. President, this amendment relates to an organization that is controversial--an organization known as ACORN. We have seen videos in which the employees of ACORN were alleged to have said despicable things, and in fact, on those tapes, did say despicable things. The employees in question have been fired by their organization, and ACORN is being investigated by several State and Federal agencies because of their misconduct and potential misuse of government funds.

I am also troubled by the discoveries of voter registration fraud, and I am glad that ACORN reported those incidents to authorities. The employees involved have also been fired by ACORN. The actions by those employees were not tolerated, and should not be tolerated. They were inexcusable. Anyone who has broken the law should be held accountable and, if necessary, prosecuted.

ACORN deserves much of the criticism it has received for allowing this type of behavior to happen. However, although ACORN was clearly wrong, we are seeing in Congress an effort to punish ACORN that goes beyond any experience I can recall in the time I have been on Capitol Hill. We have put ourselves--with some of the pending amendments--in the position of prosecutor, judge, and jury.

Mr. President, I went to one of these old-fashioned law schools. We believed that first you have the trial, then you have the hanging. But, unfortunately, when it comes to this organization, there has been a summary execution order issued before the trial. I think that is wrong. In America, you have a trial before a hanging, no matter how guilty the party may appear. And you don't necessarily penalize an entire organization because of the sins or crimes of a limited number of employees. First, we should find out the facts.

I know ACORN is unpopular right now, and much of that scorn they deserve, but ACORN has a number of affiliated organizations. Incidentally, they are not in Illinois. They do not operate in my State. It is my understanding they have been gone for several years. But they have a number of affiliated organizations that would be affected by the approach which has been suggested, by an amendment which is pending on this legislation.

To my knowledge, we have not yet seen any review or analysis of whether the misconduct was the work of a few employees or whether the entire organization and all of its affiliates should be held responsible. There may well be entities affiliated with ACORN that are not at fault and that provide essential services to low-income communities.

Let's get to the bottom line. Why has this organization been treated differently than others? Why has it been the focus of attention? This organization focuses on poor people in America. They have registered over 1 million voters, and I am sure most people believe those voters are going to vote in a certain political way. Folks on the other side of the political equation don't care for that--1 million voters voting against them. So they have been inspiring this effort against ACORN.

Also, over the years, ACORN has been involved in many different States to improve minimum wages for poor employees--poor people who are trying to get enough money to keep their families together. That doesn't sit well with a number of businesses, and I am sure they have increased the anger of a lot of people over their conduct. They have also been involved in counseling people who are about to lose their homes to foreclosures, how to avoid predatory lenders--banks that are unscrupulous. I am sure those banks don't care for ACORN either.

So they have made their share of enemies working with and standing up for poor people across America. They have certainly made their share of mistakes. We saw that in videotapes, and we have seen it in other disclosures. But Congress should not, without careful consideration, permanently deny assistance to the thousands of people and families who have been receiving ACORN's legitimate legal help to avoid predatory lending and foreclosure because of the misconduct of a handful of employees who have been terminated by ACORN.

That is why I am proposing that we get to the bottom of this by having a thorough investigation; that Congress direct the Government Accountability Office to review and report back to us within 180 days on whether any Federal funds have been misused by ACORN or its affiliates; and, if so, in what amounts and in what ways.

This doesn't stop this administration from deciding not to use the services of this organization when it comes to taking the census. The Obama administration announced they were not going to use this organization. That is within their right to do. I am not questioning that decision. But the efforts by Members on the Senate floor have gone far beyond any agency's single decision. They have tried to blackball this organization and say it shouldn't do any work of any kind in any capacity before we have thoroughly investigated the charges that have been raised against it.

The report I have called for should also identify the steps necessary to correct any deficiencies, along with an assessment of whether all necessary steps have been taken to prevent any future misuse of Federal funds. The GAO will be able to conduct a government-wide review--not just one agency--looking at any funds ACORN or its affiliates have received from any Federal agency. It will be a complete and comprehensive review and investigation.

I am not excusing ACORN or its employees for any misconduct. To the contrary, I think they should be held accountable, particularly for the misuse of any Federal funds, if it occurred. But if we get into the business of passing bills and resolutions against unpopular people or organizations, this is a road we ought to carefully travel. There are a lot of companies and organizations out there that have received government funding and that have had employees commit fraud or other despicable acts.

I found it curious, the level of anger and the level of interest when it comes to ACORN. Yet when it turned out that Kellogg Brown & Root--a subsidiary of Halliburton, which was a sole-source contractor during our war in Iraq--was found to have been involved in conduct that led to shoddy workmanship and which cost the life of an American soldier by electrocution and endangered many others; when this same organization was involved in supplying water supplies and sources to our troops that were dangerous; when in fact there was evidence of sexual harassment, I didn't see the same level of anger coming from the media or from my colleagues on the floor of the Senate. No. But when it comes to ACORN, registering poor people to vote, then we have to take action.

We need an approach that can stand the test of time and the test of justice. My approach is based on some pretty fundamental American principles, calling for this GAO study and investigation. First, individuals should be held accountable for their actions. Second, organizations--and I might add corporations too--should be held accountable for the policies they set. Third, organizations and corporations should not be permanently cut off based on the actions of individual employees who violated the organizational policy and were fired.

There should be a process for addressing wrongs and moving forward with
policies that will prevent future misdeeds. That isn't a new idea, it is a very old idea. It is the American system of justice. So let's let the Government Accountability Office get to the bottom of this. Let's make sure we have done our due diligence; have a thorough, complete, honest and accurate, fair investigation before we pass laws that turn us into judges and juries.

The report I am calling for will provide us with the guidance we need. Let's follow the facts. Let's not follow our passions. It is a clear call for accountability from the Government Accountability Office when it comes to this organization of ACORN. I urge my colleagues to support it.

Mr. President, I yield the floor.

BREAK IN TRANSCRIPT

Source