Jason Chaffetz

Mr. CHAFFETZ

Mr. CHAFFETZ. I yield myself such time as I may consume. Mr. Speaker, I will be, under the general leave, inserting a couple of letters. One is from Frank Carlucci, former Secretary of Defense under President Reagan, who wrote us a letter saying: Leaving positions vacant indefinitely as appointees wait to be confirmed is not smart management and is frankly a threat to our national security. Also in support of this piece of legislation, a noted conservative Senator, former Senator Fred Thompson, took a position on this and said: I believe that this will result in an increasingly narrow pool of potential public servants who are more likely to be wealthy and already live in the Washington, D.C. area. That is if we don't pass this piece of legislation. He went on to say: In 1960, President Kennedy had 286 positions to fill in the ranks of Secretary, deputy secretary, under secretary, Assistant Secretary, and administrator; and by the end of the Clinton administration, there were 914 positions with these titles. As was noted by the gentleman from Texas, there is an argument to say a lot of these positions shouldn't even be in the Federal Government. But nevertheless, under the Constitution, the Constitution says under article II, section 2, the appointments clause--I'll cut right to the phrase I would like to refer to which is: Congress may by law vest the appointment of such inferior officers, as they think proper. Therefore, as I read the Constitution, we have a duty and a responsibility to review this and look at this. So here you have a situation where 79 Senators in a very bipartisan way came together after nine different commissions and looking at things and decided to trim it back a little bit. There will still be over a thousand Senate- confirmed positions. But if we want proper oversight, if we want to go through this process in a swift and timely manner, if we want oversight, let's focus on what's most important. What's most important probably doesn't require Senate confirmation for the Assistant Secretary for Public Affairs. How about the administrator of St. Lawrence Seaway Development Corporation, or the National Council on Disability, or the Office of Navaho and Hopi Relocation? These are positions that, while are important to our Nation, and some would argue are vital, probably don't necessarily rise to the level that requires Senate confirmation. These should not just be used as political tools. This Nation has business at hand, and we should focus on what's important. Again, there are still more than a thousand appointments that will require Senate confirmation. But let's listen to our colleagues in the Senate. Seventy-nine of them came here and said we think this is good. There have been nine different commissions looking at this. I think it's a valid recommendation. It still allows for the advice and consent within the Senate. It is a duty under the Constitution to do this. I would encourage adoption of this. I think it is common sense. It is what our friends in the Senate are asking us to do with 79 Senators coming together to urge the adoption of this. And with that, I yield back the balance of my time. Frank C. Carlucci, McLean, Virginia, June 1, 2011. Hon. Harry Reid, U.S. Senate, Hart Senate Office Bldg., Washington, DC. Hon. Mitch McConnell, U.S. Senate, Russell Senate Office Bldg., Washington, DC. Hon. Charles Schumer, U.S. Senate, Hart Senate Office Bldg., Washington, DC. Hon. Lamar Alexander, U.S. Senate, Dirksen Senate Office Bldg., Washington, DC. Dear Senators Reid, McConnell, Schumer and Alexander: I am writing to commend you for your leadership and bipartisan approach to tackling one of the great challenges facing our government--presidential appointments and nominations reform. There is little dispute that the current nominations process has grown too cumbersome and complicated, and the number of political appointees is too large. S. 679, the Presidential Appointment Efficiency and Streamlining Act, and S. Res. 116 are a promising show of progress, and I encourage all Senators to support this bipartisan legislation. As former Secretary of Defense (under President Reagan), I know the importance of having high quality leaders in place within an agency. Leaving positions vacant indefinitely as appointees wait to be confirmed is not smart management, and is frankly a threat to our national security. We need strong leaders installed quickly in agencies to ensure our government is ready to meet the many challenges it faces. S. 679 and S. Res. 116 together present a common-sense solution that preserves the important role of the Senate in confirming key nominees, but unburdens the process by relieving the advice and consent requirement for less critical positions. Congress would be wise to act now, before the politics of the next election cycle get in the way of practical reforms to improve the efficiency and effectiveness of our federal government. I urge the Senate to swiftly pass both S. 679 and S. Res. 116 to ensure our government has its senior leaders in place within agencies to carry out critical missions. Sincerely, Frank Carlucci.

Mr. CHAFFETZ. Mr. Speaker, I move to suspend the rules and pass the bill (S. 679) to reduce the number of executive positions subject to Senate confirmation.

Mr. CHAFFETZ. Mr. Speaker, I ask unanimous consent that all Members may have 5 legislative days within which to revise and extend their remarks and to include extraneous materials on the bill under consideration.

Mr. CHAFFETZ. I yield myself such time as I may consume. The need for reforms in the Federal appointments process is not a new topic. There is little dispute that the current nominations process has grown too cumbersome and complicated, in some cases, discouraging qualified individuals from seeking leadership positions. On average in recent administrations, only 35 of the 100 most needed leadership roles were filled within the first 100 days of the new administration, and 200 days into a new administration, only 50 percent of key national security officials are actually in place. Nine special commissions have called for fixing the broken Presidential appointments process by starting the Presidential transition and personnel planning earlier, streamlining background investigations, and reducing the number of appointments requiring Senate confirmation. S. 679 provides a commonsense solution that preserves the important role of the Senate in confirming key nominees but unburdens the process by relieving the advice and consent requirement for less critical positions. The bill is based on a bipartisan Senate working group commissioned to improve the nominations process, which was led by Senators Alexander and Schumer. S. 679 eliminates the requirement for Senate confirmation for a number of executive branch positions, many of which are: one, below the assistant secretary level and report to a Senate-confirmed individual; two, do not make policy; or three, are members of part-time advisory boards or commissions. S. 679 also establishes an executive branch working group to study and report on streamlining the paperwork required for nominations. In addition, S. 679 requires a fixed 5-year term for the Director of the Census Bureau to coincide with the planning and operational phases of the census. The Director of the Census Bureau remains subject to Senate confirmation. S. 679 provides a mechanism to allow the Senate to focus its efforts on installing qualified leaders to key positions in order to meet the many challenges facing our Nation. At this time, Mr. Speaker, I reserve the balance of my time.

Mr. CHAFFETZ. Mr. Speaker, I would like to yield 4 minutes to the gentleman from Texas (Mr. Gohmert).

Mr. CHAFFETZ

Mr. CHAFFETZ. Mr. Speaker, I ask unanimous consent that all Members may have 5 legislative days within which to revise and extend their remarks and include extraneous materials on the bill under consideration.

Mr. CHAFFETZ. I yield such time as she may consume to the gentlewoman from New York (Ms. Buerkle), the prime sponsor and author of this piece of legislation.

Mr CHAFFETZ

Mr CHAFFETZ. Mr. Speaker, I move to suspend the rules and pass the bill (S. 300) to prevent abuse of Government charge cards, as amended.

Mr. CHAFFETZ

Mr. CHAFFETZ. S. 300 puts commonsense controls on the users of government charge cards which allow Federal workers to purchase goods and to travel in a timely and cost-efficient manner. In any economy, but especially the one we're in now, there is no room for waste, much less fraud and abuse. These safeguards will make all users of Federal charge cards accountable for their use. While the use of charge cards has saved the Federal Government both time and money when compared to a paper reimbursement system, some Federal employees have abused their purchase and travel card privileges, resulting in unnecessary and sometimes fraudulent expenses. Numerous GAO reports over the last decade have called for additional controls to prevent waste, fraud, and abuse in the government charge card program. In 2008, GAO estimated that nearly 41 percent of purchase card transactions failed to meet basic internal control standards. Senator Grassley has put the spotlight on the problematic use of government charge cards for more than a decade, and the GAO has documented fraudulent purchases made by Federal workers with these cards, including jewelry, gambling, cruises, and even the tab at gentlemen's clubs. Government charge cards were used to pay for the infamous GSA 2010 Western Regional Conference. The Oversight Committee was able to work on a bipartisan basis with the Armed Services Committee to bring Senator Grassley's bill, S. 300, to the floor today. The bill brings needed accountability to the process by which the Federal Government manages charge cards used by Federal employees. S. 300 requires agencies to improve their internal controls for government charge cards. It is based largely on GAO's recommendations for preventing waste, fraud, and abuse. The additional safeguards resulting from the bill will avoid the waste of millions of dollars of taxpayer money on fraudulent or questionable purposes. The controls also help ensure the Federal Government benefits from rebates available from charge card vendors for prompt payment. S. 300 requires agency inspectors general to periodically conduct risk assessments and perform audits to identify potential abuse of government charge cards. The bill also requires agencies to take appropriate disciplinary action, including removal, for Federal employees who misuse charge cards. This provision responds to GAO investigations that found inconsistent or nonexistent consequences for Federal employees who abuse these charge card privileges. I will be placing into the Record a jurisdictional exchange of letters between the Committee on Armed Services and the Committee on Oversight and Government Reform. With that, Mr. Speaker, I reserve the balance of my time. Committee on Armed Services, House of Representatives, Washington, DC, February 14, 2012. Hon. Darrell E. Issa, Chairman, Committee on Oversight and Government Reform, House of Representatives, Washington, DC. Dear Chairman Issa: I am writing to you concerning the bill S. 300, Government Charge Card Abuse Prevention Act of 2011, as amended. This legislation includes provisions that deal with the Department of Defense policies regarding government charge cards which fall within the Rule X jurisdiction of the Committee on Armed Services. Our committee recognizes the importance of S. 300, and the need for the legislation to move expeditiously. Therefore, while we have a valid claim to jurisdiction over this legislation, the Committee on Armed Services will waive further consideration of S. 300. I do so with the understanding that by waiving consideration of the bill, the Committee on Armed Services does not waive any future jurisdictional claim over the subject matters contained in the bill which fall within its Rule X jurisdiction. I appreciate your willingness to work with the Committee on Armed Services to incorporate modifications requested by the Office of the Secretary of Defense to the legislation to be considered in the House. I request that you urge the Speaker to name members of this committee to any conference committee which is named to consider these provisions. Please place this letter and your committee's response into the Congressional Record during consideration of the measure on the House floor. Thank you for the cooperative spirit in which you have worked regarding this matter and others between our respective committees. Sincerely, Howard P. ``Buck'' McKeon, Chairman.

Mr. CHAFFETZ. I appreciate the great work Senator Grassley has done on this bill. I urge its adoption. I think we can do so in a bipartisan way, and I urge a ``yes'' vote. I yield back the balance of my time.

Mr. CHAFFETZ. I ask unanimous consent that all Members may have 5 legislative days within which to revise and extend their remarks and include extraneous material on the bill under consideration.

Mr. CHAFFETZ

Mr. CHAFFETZ. Mr. Speaker, I move to suspend the rules and pass the bill (H.R. 828) to amend title 5, United States Code, to provide that persons having seriously delinquent tax debts shall be ineligible for Federal employment, as amended.

Mr. CHAFFETZ. I yield myself such time as I may consume. Mr. Speaker, almost every Federal employee that I have run into, they're good, hardworking, patriotic people trying to do the right thing; but unfortunately we have a few that really aren't doing the right thing. I want to highlight a problem that we see out there. There are those Federal employees that are delinquent on their Federal taxes. Now, this becomes egregious, I think, because of the nature of their employment-- they're working for the Federal Government, they're being paid by the Federal taxpayers, and yet they're not paying their own Federal taxes. Unfortunately, over the course of time this situation has not gotten better. People are dealing with very difficult situations, they have adopted something or somehow in their life they've gotten upside down. The nature and the spirit of this bill, the bill that I am the chief sponsor on, is to find those people who are trying to do the right thing--they're trying to rectify it, they're trying to come up with a plan--we're not going after those people. But for the other group of people who are just totally ignoring the law and they're not living up to their obligation, they're not paying their Federal taxes, there ought to be more of a consequence. The number of delinquent employees has remained fairly consistent since the year 2004. Remarkably, there were 102,794 employees who were delinquent with their Federal taxes back in 2004. Fast forward to 2010, that number is still 98,291. In fact, nearly 700 people on Capitol Hill are delinquent on their Federal taxes. Unfortunately, the dollar amount of these delinquencies from 2004, which was $599.8 million, has grown to over $1 billion--in fact, it's $1.034 billion unpaid taxes from Federal employees. So, employees who consciously ignore the channels and processes in place to fulfill their tax obligations must be held accountable. The Federal Employee Tax Accountability Act addresses noncompliance with our tax laws by prohibiting individuals with seriously delinquent tax debt from Federal civilian employment. This should be common sense, and I hope it's bipartisan. Most taxpayers, including government employees, file accurate tax returns and pay the taxes they owe on time, regardless of their income. Federal employees and individuals applying for Federal employment should do the same--always. In 2010, the most recent year for which the IRS data is available, more than 98,000 civilian Federal employees owed more than $1 billion in taxes. The average delinquency rate for Federal civilian employees was 3.33 percent, up from 2.29 percent in 2008. The vast majority of Federal workers who owe taxes owe them from income that they earned. The intent of this bill is simple. If you're a Federal employee or an applicant for Federal employment, you should be making a good faith effort to pay your taxes or to dispute them, as taxpayers have the right to do. Under this bill, H.R. 828, individuals having seriously delinquent tax debts are ineligible for Federal civilian employment in the executive and legislative branch. ``Serious tax delinquent'' is defined as an outstanding Federal debt for which the notice of lien has been filed publicly. H.R. 828 exempts employees who are working to settle tax liabilities by excluding Federal tax debts that are being paid in accordance with an installment agreement, offer of compromise, or wage garnishment; for which a due process hearing or request for relief from joint and several liability is requested or pending; or for which relief has been granted. So, there are exceptions. We're not trying to cut somebody off at the knees if they're trying to do the right thing. The bill requires individuals applying for Federal jobs to certify that they are not seriously delinquent in their taxes. Agencies will also conduct periodic reviews of public records for tax liens. And individuals with seriously delinquent tax debt may avail themselves of existing due process rights, including before the Merit Systems Protection Board. In addition, individuals will have 6 months to demonstrate that their tax debt is not ``seriously delinquent.'' The bill also provides a financial hardship exemption for employees. Federal employees are called to account for paying taxes by the code of ethics for the executive branch. The code of ethics dictates that Federal employees must ``satisfy in good faith their obligations as citizens, including all just financial obligations, especially those such as Federal, State or local taxes that are imposed by law.'' Thus, the necessity of this situation. Unfortunately, it's getting worse, it's not getting better. We have an obligation, I think, to the American taxpayers and to the overwhelming majority, the 96-plus percent of Federal workers, who are doing the right thing. Thus, I urge the adoption of this bill. I reserve the balance of my time.

Mr. CHAFFETZ. Mr. Speaker, I ask unanimous consent that all Members may have 5 legislative days within which to revise and extend their remarks and include extraneous materials on the bill under consideration.

Mr. CHAFFETZ. Mr. Speaker, on that I demand the yeas and nays.

Mr. CHAFFETZ. Mr. Speaker, I yield myself such time as I may consume. There is a need for this. I wish there wasn't a need for this. There are other more pressing things that we should be focused on. But this is $1 billion in uncollected taxes, taxes that are due by Federal workers. Again, I don't want to disparage the reputation of all Federal employees, but this small group--in excess now of 3 percent of our Federal workers--is putting tarnishment on those other employees. I want to point to a January 23, 2012, Federal Eye article--Ed O'Keefe is the author. Let me read a paragraph from his article. He said: But on Capitol Hill, 684 employees, or almost 4 percent, of the 18,000 congressional staffers owed taxes in 2010, a jump of 46 workers from 2009. Four percent of House staffers owed $8.5 million, and 3 percent of Senate employees owed $2.1 million, the IRS said. We actually get a report from the IRS, and it has a breakdown of the number of employees by department who aren't paying their Federal taxes. The Department of Treasury, they have one of the lowest percentages. Less than 1 percent of their employees don't pay their taxes, but they still have 1,181 employees at the Department of Treasury who aren't paying it. There's an uncollected $9.3 million. At the Federal Reserve, the Board of Governors, smaller in terms of their numbers, but you still had 91 employees at the Federal Reserve not paying their taxes--4.86 percent of their employees not paying over $1.2 million in taxes. If you go on and look here, this one is my personal favorite. The U.S. Office of Government Ethics has the worst compliance rate of our Federal workers. If you put that in a movie, you wouldn't believe it. But nearly 6.5 percent of their employees don't pay their Federal taxes, the U.S. Office of Government Ethics. Unfortunately, there is a need for this. I would like to highlight, we did this in a very bipartisan way within committee. There was an amendment offered by Mr. Lynch of Massachusetts, who I have the greatest respect for. He offered an amendment. We accepted that. When we accepted that, he was quoted as saying, and I quote from Mr. Lynch: With that refinement here, a friendly amendment, I certainly would vote for the bill if the amendment were included. I hope we can do this in a bipartisan way. We have an obligation, a duty to do this. I reserve the balance of my time, Mr. Speaker.

Mr. CHAFFETZ. Mr. Speaker, let me say, in conclusion here, look, if Federal workers aren't paying their Federal taxes, they should be fired. If they're not paying their Federal taxes and they want employment here, they should not be employed as Federal workers. We have a duty and an obligation. This is a billion dollar problem in search of a solution. This is the solution. We should do so in a bipartisan way. And with that, I urge the adoption of this bill. I yield back the balance of my time.

Mr. CHAFFETZ

Mr. CHAFFETZ. I thank the chairman. I also want to appreciate and congratulate Dr. Ron Paul for his tireless pursuit of this openness and transparency. Without his leadership, we wouldn't be at this point today, and I applaud him and thank him for that. Some would say that the Fed is already audited, but there are some key points where it is not. These include transactions with foreign central banks, discussion and actions on monetary policy, and transactions made under the direction of the Federal Open Market Committee. If we are truly about openness and transparency in this Nation, which distinguishes us above and beyond so many others, we deserve and need to know this information. We need also understand the imperative that is before us because the Federal Reserve balance sheet has exploded in recent years. In fact, since 2008, it has literally tripled. It's gone from $908 billion on its balance sheet to over $2.8 trillion, nearly a 33 percent annualized increase since January 2008. The Federal Reserve ownership of Treasuries has also increased substantially in recent years, having more than doubled from January of 2008 to January of 2012, where it went from $741 billion to $1.66 trillion. Let's understand also that in fiscal year 2011, the Federal Reserve purchased 76 percent of new Treasuries. Certainly the American people and this Congress deserves more openness, transparency, and at the very least an audit. I encourage my colleagues on both sides of the aisle to support this commonsense piece of legislation, and again congratulate Dr. Paul, and continue to hope for his pursuit of this issue.

Mr. CHAFFETZ

Mr. CHAFFETZ. Mr. Speaker, I am proud to introduce this piece of legislation. It's common sense. I think it's something that should be widely accepted. I also appreciate the bipartisan nature in which we introduce this bill. Mr. Faleomavaega was important to this, Mr. Flake and Mr. McKeon, and I appreciate the bipartisan nature in which we introduced this bill. As you go into Utah County, up on the eastern side of the valley there, there's this big Y representing Brigham Young University. It's a mainstay in our community and something that we're all proud of. It's also something that is easily accessible to hikers. Year-round, people will hike up this trail as they pass up and go up to enjoy a day up on the side of the mountain. And really, in an effort to make sure that this is properly maintained, there's continuity of maintenance. This really does make sense. It's interesting, because that portion, that 80 acres that we talk about today was once owned by Brigham Young University, and that was then transferred into a trust and, over the course of time, many decades ago it was actually transferred to the Forest Service. And so, now, to actually sell it back, have that money deposited back into the Treasury to help reduce our deficit, Brigham Young University paying fair market value for that, makes sense in terms of keeping the continuity in place, making sure that the trail is well-maintained, that it's clean. It's something that people in Utah and other people coming to our State like to enjoy on a regular basis. So the bill would restore ownership to Brigham Young University, provide long-term certainty by removing any questions about who owns the land and who is responsible for maintaining the trail, and I look forward to the passage of this. It's important to our community, and I think a good win-win for the Federal Government as well as the residents there, particularly in Utah County.

Mr. CHAFFETZ

Mr. CHAFFETZ. Mr. Speaker, today I would like to celebrate and honor the life of a great American who recently passed away--Dr. Stephen R. Covey, who lived in my district and was a dear friend. He died this past week at the age of 79 with his family at his side. Dr. Covey received a bachelor's degree from the University of Utah, a master's in business from Harvard, and a doctorate from Brigham Young University. He began his career as a university professor and then later became a world-renowned author and leadership consultant. He is the author of many international bestsellers, including The 7 Habits of Highly Effective People, which has sold over 20 million copies and has been translated into 40 languages. In 2002, Forbes named it one of the 10 most influential management books ever written, and Chief Executive magazine called it one of the two most influential books of the 20th Century. His other bestsellers include First Things First, Principle- Centered Leadership, The 7 Habits of Highly Effective Families, and The 8th Habit. In 1996, Dr. Covey was named one of Time magazine's 25 most influential Americans. Dr. Covey founded Covey Leadership Center, a leadership training company which later merged to become FranklinCovey in 1997. Since that time, FranklinCovey has grown to operate in over 125 countries throughout the world. Whether it was with Fortune 100 CEOs, heads of state, or university and grade school students, Dr. Covey devoted his life to spreading principle-centered leadership and influenced the lives of millions. Despite his astounding professional career, Dr. Covey always considered his family to be his most important work and greatest accomplishment. He was a devoted husband and father, and was beloved by his nine children, 52 grandchildren, and six great-grandchildren. In 2003, he received one of his most meaningful awards--the Fatherhood Award from the National Fatherhood Initiative. Dr. Covey truly exemplified the principles he taught, balancing his family and personal priorities with an extraordinary professional career. I invite my colleagues to join me in celebrating the life of one of the world's best--Dr. Stephen R. Covey. He left a legacy to the world and his influence will be felt for generations to come.

Mr. CHAFFETZ

Mr. CHAFFETZ. Mr. Speaker, on that I demand the yeas and nays.

Mr. CHAFFETZ. Mr. Speaker, I would like to yield as much time as he may consume to the distinguished gentleman from California, the sponsor of the bill, Mr. Denham.

Mr. CHAFFETZ. I reserve the balance of my time.

Mr. CHAFFETZ. Mr. Speaker, this is a good, commonsense, bipartisan bill. I appreciate both these gentlemen who spoke here earlier for their work on this, Mr. Denham and Mr. Walz. The Veteran Skills to Jobs Act, H.R. 4155, it makes sense, it's good government, it's what our troops deserve; and I encourage all of my colleagues on both sides of the aisle to support this and send a strong message to the military and to the private sector to let them know that we support them, that the work they do, the skills that they learn are a value, and that they are needed within the workforce as a whole, and that the skills and the training they get--the best in the world--mean something. And we can bypass this licensing issue and get them back to work sooner rather than later. With that, I yield back the balance of my time.

Mr. CHAFFETZ. Mr. Speaker, I move to suspend the rules and pass the bill (H.R. 4155) to treat relevant military training as sufficient to satisfy training or certification requirements for Federal licenses, as amended.