Stop Targeting Of Political Beliefs By The Irs Act Of 2014
Mr. Speaker, I yield myself such time as I may consume. I want to take a moment just to respond to some of the comments that my friend on the other side made. First of all, there are three ongoing investigations that are incomplete. There…
Mr. Speaker, I yield myself such time as I may consume.
I want to take a moment just to respond to some of the comments that my friend on the other side made.
First of all, there are three ongoing investigations that are incomplete. There is the congressional investigation being conducted by multiple committees, incomplete; there is the inspector general investigation, still incomplete and ongoing; and there is a third, a criminal investigation.
I ask, first off, the question: Why start regulating now when we don't have all the information? Let's let all this go to conclusion and then institute the proper reforms.
I want to point out that in its report on targeting, the inspector general recommended the Treasury and the IRS provide guidance on how to measure political activity--not what constitutes political activity, how to measure it.
The proposed rule has been in development since 2011. Internal IRS emails between Treasury and IRS show that they were developing the rule off plan--off plan. That means beyond the sunshine of disclosure and out in the open--off plan. What do they have to hide? Why are they doing this? And this is actually before all the allegations came out.
Then, when asked at the markup of H.R. 3865--this legislation-- whether the proposed rule answers the inspector general's recommendation for the IRS and Treasury to provide guidance on measuring political activity, Tom Barthold, the chief of staff of the Joint Committee on Taxation, nonpartisan, said: The proposed rule does not address the measurement issue.
All we are seeking to do is to delay the implementation of this rule until we complete the investigation and we have all the facts, and then we can talk about what necessary reforms should be implemented.
But I think it is a bit premature to start putting forth regulations that will infringe on First Amendment rights. It is a very blunt instrument and a very dangerous path to embark upon at this point in time.
With that, I am happy to yield 2 minutes to the gentleman from Pennsylvania (Mr. Kelly), my friend, a member of the Ways and Means Committee.
Mr. Speaker, I yield myself such time as I may consume.
I welcome the opportunity to debate tax reform, but it is obvious to me that the gentleman hasn't read the bill yet, and I think you should read the bill before you debate tax reform. That will come on another day.
But I want to get back to why we are here today. I want to point out that this is a bipartisan IRS investigation by Congress. I want to also point out, in that regard, that the Ways and Means Committee document requests are bipartisan joint requests from Chairman Camp and Ranking Member Levin. Ranking Member Levin also admits that the investigation is incomplete.
So we have to get down to the bottom of this and let this investigation be done. The American people deserve to know what the truth is before we start issuing new law or having new regulations issued by the executive branch which will have the chilling effect of infringing on First Amendment rights.
One of the previous speakers on the other side mentioned the IRS spending money and manpower on this investigation. Yes, the IRS also spent $40 million on conferences over the period of the targeting.
One conference alone cost $4.1 million--waste. In 2012, the IRS spent $21.6 million on union activity--taxpayer dollars on union activity. Explain that to the taxpayer. The IRS also spends about $5 million annually on its full-service production studio in New Carrollton, Maryland.
The fact of the matter is that the American people are tired of the waste. They are tired, and they are also very concerned about the infringement on their First Amendment rights.
With that, I am very pleased to yield 4 minutes to the gentleman from Ohio (Mr. Renacci).
Mr. Speaker, I am pleased to yield 1 minute to the gentleman from Virginia (Mr. Cantor), the majority leader of the House.
Mr. Speaker, I yield myself such time as I may consume.
There is no denying that we may need reforms in this. There has been a lot of debate about this. The gentleman from California and I have had those kinds of conversations. But I would point out that the investigations are not complete, and they need to be complete.
The ranking member mentioned earlier in his comments money and donors as reasons for this rule, but neither the word ``donor,'' ``money,'' or ``contributions'' appears in the regulation.
It has been cited by the former Commissioner of the IRS that there was confusion. A confusion narrative emerged, but it was on the basis of no internal investigation at the IRS. There has been no interview of the employees, no facts established. We are still doing this investigation, from our standpoint, as is the inspector general.
We know from our investigation so far, having interviews with the Cincinnati employees, that they were not confused by the rules. They were processing the applications until interference came down from Washington, from higher up in the Exempt Organizations Division of the IRS. Employees then flagged Tea Party applications and others because of what they said were ``media interest,'' not confusion. Within 24 hours of the flagging for media interest, these Washington, D.C., officials at the IRS requested Tea Party applications.
Unlike the IRS, the Committee on Ways and Means has been investigating this matter, and we have not completed this investigation. But committee investigators have interviewed nearly three dozen IRS officials, from frontline screeners to the former commissioner. We have reviewed hundreds of thousands of documents. It is nearing completion, but this investigation is being held up.
A central figure in this investigation is Lois Lerner. We have not gotten the information that we have requested from Lois Lerner. We have put the newly confirmed Commissioner on notice that if he wants to move forward with reforms and do all the things he wants to do during his tenure at IRS, we have got to get this investigation done. We have to get the facts on the table, and this IRS has to come clean before the American people.
This agency occupies a central part of every single American's life. It affects every one of us. This agency has the power to destroy each and every one of us. And that is why the trust and the integrity needs to be restored.
All this rule does is shuts down speech. It does nothing that these gentlemen, our friends on the other side of the aisle, have mentioned in terms of reforms and cleaning up the election system and all that. No, it does none of that. It just simply stifles speech. I don't think that is appropriate.
We owe it to the American people and we owe it to the integrity of this institution to complete this investigation, put the facts on the table, and follow these facts wherever they may lead. This is not political. This is simply looking at the facts.
Rather than a recently drafted cure for confusion, this proposed rule, like I said, simply focuses to silence some of these small groups, silence conservatives.
As early as 2011, long before the inspector general audit, IRS officials in Washington, D.C., began talking about the proposed rule. We have email from Treasury to IRS, off plan--off plan. Now we are trying to get more of those emails because we want to know what they mean by ``off plan.'' What was really discussed and why was all this talked about before the allegations even came forward from these various groups?
This is not right. We need to get to the bottom of it. And rather than curing confusion, the proposed rule would simply silence these social welfare organizations and have a disproportionate effect on some of these right-
leaning conservative groups that were subject, in the first place, to the targeting.
Mr. Speaker, I reserve the balance of my time.
Mr. Speaker, I yield myself such time as I may consume.
In the Nation Magazine, Nan Aron of the liberal judicial lobby, the Alliance for Justice, writes:
501(c)(4)'s are made up of over 86,000 mostly small
organizations nationwide that are active participants in
civic life.
They were not invented in the last election cycle. They have been around for generations. Their purpose isn't to hide donors. It is to advance policies.
Ms. Aron also adds:
These groups were involved in elections because it is often
impossible to advance a policy cause without being involved
in the political process.
This is from the liberal side of the political spectrum.
I am now pleased to yield 4 minutes to the gentleman from Indiana, Todd Young, a member of the Ways and Means Committee.
Mr. Speaker, I yield 3 minutes to the gentleman from Illinois (Mr. Roskam), our friend on the Ways and Means Committee.
Mr. Speaker, how much time remains?
Mr. Speaker, I yield 2 minutes to the gentleman from Louisiana (Mr. Scalise).
Mr. Speaker, I yield myself such time as I may consume.
I would, first off, mention that the regulation does not mention donors.
Secondly, I would like to point out that the ACLU itself said these requirements ``will pose insurmountable compliance issues that go beyond practicality and raise First Amendment concerns of the highest order.''
The gentleman mentioned the Treasury inspector general report, but he didn't quite precisely characterize what the inspector general said. The inspector general said in his report that the IRS, one of the recommendations is the IRS provide guidance on how to measure political activity, not what constitutes political activity.
So with those clarifications, I yield 2 minutes to the gentleman from Texas (Mr. Brady), a member of the Ways and Means Committee.
Mr. Speaker, let me simply close this debate by saying that, throughout all of this vigorous discussion, we want to make clear that this bill just simply asks for a 1-year delay in the implementation of this rule to allow ample time for Congress to complete its investigation and for the Treasury Inspector General for Tax Administration to complete its investigation, so that we have the facts on the table.
We shouldn't be jumping ahead of the gun and possibly, and likely, infringe on the First Amendment rights of so many people unless we have the facts.
The ranking member of the committee, Mr. Levin, has admitted that the investigation is incomplete. Let's just give this time. We owe it to the American people to do that. We owe it to the integrity of this institution to do our work prior to having these premature judgments come forward, especially when the rule does not address all the issues that have been discussed today.
Mr. Speaker, with that, I ask that we all vote in favor of this bill, support it, and move it forward. Let's hit that pause button. Let's complete the investigation and do our due diligence.
With that, I yield back the balance of my time.