Jason Chaffetz

Mr. CHAFFETZ

Mr. CHAFFETZ. Will the gentleman yield?

Mr. CHAFFETZ. There are 107,000 people who haven't paid about $1 billion in taxes. To suggest there isn't a problem is, I think, factually without merit.

Mr. CHAFFETZ. This bill doesn't threaten the Federal employees. It only threatens the Federal employees who don't pay their Federal taxes. You pay your taxes because you get your income from the taxpayers. It doesn't affect you. What I hear continually, Mr. Speaker, is, Oh, no problem here. Don't worry about it. It's $1 billion in uncollected taxes. For far too long, this Congress has ignored this. They keep giving contractors contracts up to the tune of $5 billion a year. I introduced that bill as well. So to suggest, Mr. Speaker, that this bill is unfair, it's unwarranted, it's going to harm Federal employees---it's going to protect Federal employees, because the ones who are doing the right job, that are patriotic, are protected under this bill. Only those who thumb their noses and won't pay their taxes are the ones who should be scared of this bill.

Mr. CHAFFETZ. I thank the chairman. Mr. Speaker, only in Washington, DC, can we say that this is not a serious issue. We're talking about 107,000 people and a billion dollars in uncollected taxes when the very Americans that are paying their paychecks are writing out their checks. I would also look at the companion piece of legislation, which is $5 billion, that deals with the contractors. What we're saying to the employees of the Federal Government--the men and women who are patriotic, who are doing their job; they're doing the right thing; they work hard; they love this country; they're the first ones to run and respond--we're going to take care of you; we've got your back. Because every once in a while there is a bad apple, there is somebody that works in that department, there is somebody that works in that agency who doesn't play by the rules like everybody else does. They give this country and they give their counterparts and their employees a bad name. We're going to stand up for them by giving that head of that department in the agency the opportunity to fire somebody if they don't comply. Pay your Federal taxes, you're in good shape; don't pay your Federal taxes, don't put yourself in place, then we're going to give you an opportunity to be let go.

Mr. CHAFFETZ. Actually, at this time, what I would like to do is yield back and respond based on the other comments.

Mr. CHAFFETZ. I thank Chairman Issa, Speaker Boehner, and Leader Cantor for their support in allowing us to bring this piece of legislation, a piece of legislation that has come before this body before. This is not a new topic. This is not something that just sprung up with us in the last 10 days here. Mr. Speaker, on tax day, 2013, I want to impress upon my colleagues that Federal 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 serious delinquent tax debt from Federal civilian employment. Most taxpayers file accurate tax returns and pay them on time. Most Federal workers do that--the overwhelming majority of them do it. In fact, statistically, more than 96 percent of our Federal employees do the right thing and they do it on time. But, unfortunately, there are a few bad apples out there. There are a few people out there that, despite all the processes, all the appeals, all the things out there, Mr. Speaker, they still choose to thumb their nose at the rest of us. Unfortunately, there are 107,000 Federal workers who don't pay their taxes. It accounts for about $1 billion in uncollected taxes. In 2011--the most recent year for which the IRS data is available-- they tell us that 107,658 civilian Federal employees owed more than $1 billion. Now, the statistics say they have a greater compliance than the rest of the public. But let's remember, when you're unemployed, you're probably going to have a hard time complying. Employment for those that are Federal workers is 100 percent. They have a job. They have a responsibility to pay their taxes. As the chairman indicated, the intent of the bill is simple: if you're a Federal employee or applicant, you should be making a good faith effort to pay your taxes or to dispute them, as the taxpayers have a right to do. Under H.R. 249, individuals having seriously delinquent tax debts are ineligible for Federal civilian employment in the executive and legislative branch, including congressional staff. ``Seriously tax delinquent'' is defined as an outstanding Federal tax debt for which a notice of lien has been publicly filed. And there are exemptions. If you're being paid in accordance with an installment agreement, perhaps you're having your wages garnished, you have an offer of compromise, or wage garnishment, you're exempted; it's not going to affect you. The IRS has already told us on the record when they testified in a hearing that the overwhelming majority of the 107,000 people fall within that category. They testified to the body in the last Congress that roughly 12 percent of the 100,000 people would fall into this category that we're here talking about today. We've had a hearing about this. We did ask the IRS about this. I also want to note, Mr. Speaker, on page 4 of the legislation at (c)(3): An employee may continue to serve, in a situation involving financial hardship, if the continued service of such employee is in the best interests of the United States, as determined on a case-by-case basis. There's an opportunity to have the person who's in charge to make a determination: Do you know what? I have looked at this, and I grant this person an exemption. But, as I did when I spoke to a group of HR professionals who work within the Federal Government, I told them about this and said, You need some tools to take care of the bad apples. I could see every one of their heads shaking, yes, please, give us this tool. The bill requires individuals applying for Federal jobs to certify they are not seriously tax delinquent. Agencies will also conduct periodic reviews of public records for tax liens. Individuals with serious delinquent tax debt may avail themselves to existing due process rights, including going before the Merit Systems Protection Board. In fact, in the last Congress, Mr. Speaker, Mr. Lynch, who's as passionate on this issue as you can possibly find, offered some amendments. And let me read from the record when we accepted the amendment offered by Mr. Lynch of Massachusetts: Mr. Lynch. With that refinement here, a friendly amendment, I certainly would vote for the bill if the amendment were included. The amendment was included. We did this in a bipartisan way. That's why it sailed through the House of Representatives last time and why it should sail through again. In addition, individuals have 6 months to demonstrate that their tax debt is not seriously delinquent--something that Mr. Lynch asked for, something we agreed with, something that we move forward with. For many of my colleagues on both sides of the aisle, this legislation should sound familiar because we did pass it.

Mr. CHAFFETZ. Mr. Speaker, I'd like to harken back to the comments of President Obama on January 20, 2010. Make no mistake; the President was talking about delinquent contractors, not specifically about Federal workers. But I want you, as you listen to the President, in his own words, to wonder why should-- these, too, are families. Contractors are families; they're Americans; they're people. Some of them are bad apples. Most of them do a good job. But listen to the President as he's talking about contractors, and say: Should the same be true for Federal workers? Quote, from President Obama: All across this country, there are people who meet their obligation each and every day. You do your jobs; you support your families; you pay taxes you owe because it's a fundamental responsibility of citizenship. And yet, somehow, it's become standard practice in Washington to give contracts to companies that don't pay their taxes. Later on, the President said: The status quo, then, is inefficiency, and it's wasteful by the larger and more fundamental point that it is wrong. It is simply wrong for companies to take taxpayer dollars and not be taxpayers themselves. So we need to insist on the same sense of responsibility in Washington that so many of you strive to uphold in your own lives, in your own families and your own businesses. The same should be true for Federal workers. And when those Federal workers are giving out those Federal contracts by the hundreds of billions of dollars, let them be able to look people in the face and say, We hold ourselves to that same high standard. We're not having a separate standard for contractors and for you. Those of us that do work for the Federal Government are honest in our dealings. We pay our taxes. You know what? If we don't around here, they eventually fire us. That seems to me to be common sense and the right approach.

Mr. CHAFFETZ

Mr. CHAFFETZ. Mr. Speaker, I thank Chairman Issa for his unyielding support in pursuit of good government. And I thank him for his support of this piece of legislation moved forward. I also thank Ranking Member Cummings, in working with him and his staff, and certainly with Representative Speier, who also shares his passion of making sure that contractors are held responsible for their actions. Mr. Speaker, today, tens of millions of individuals and corporations all across America will file their Federal tax returns and pay back any money they owe the Federal Government. However, unfortunately, Mr. Speaker, there will be some who fail to meet this obligation and simply refuse to pay the taxes they owe. This legislation, H.R. 882, the Contracting and Tax Accountability Act, has a very simple purpose: to prohibit companies with serious delinquent Federal tax debts from doing business with the Federal Government and receiving new Federal contracts. Since Federal contractors draw compensation and funding from taxpayer dollars, we must ensure that they are complying with existing laws and paying their own taxes. Mr. Speaker, just last month this legislation passed through the Oversight and Government Reform Committee by voice vote, and it is identical to legislation that also unanimously passed the committee last Congress. Going back a little further, Mr. Speaker, in both the 110th and the 111th Congress, former Congressman Brad Ellsworth of Indiana introduced very similar versions of this bill. And in the 110th Congress, the legislation passed the House again by voice vote. It begs the question what's happening over there in the United States Senate, but we will continue to pursue this to make sure this legislation passes. Also back in the 110th Congress, then-Senator Barack Obama sponsored the Senate companion, Contractor and Tax Accountability Act, to Congressman Ellsworth's legislation but, unfortunately, the legislation did not progress in either Chamber then. As President, Mr. Obama has continued to fight for the contractors to be held accountable. I concur with the President on this issue. This is bipartisan. We're going to lead and spearhead this effort here in the House of Representatives and make sure that it becomes law, but the United States Senate is going to actually have to step up and do something at some point in life, Mr. Speaker. This is a good piece of legislation. H.R. 882 establishes the process through which persons with serious delinquent Federal tax debts may be prohibited from receiving Federal contracts and grants. The legislation is designed to mandate that tax compliance be a prerequisite for receiving a Federal contract or a grant. As the chairman knows, the Federal Acquisition Regulation, known as the FAR, was revised in 2008 to require contractors to certify they do not have delinquent tax debt to the Federal Government. Under the FAR revision, if a contractor is delinquent, then the standard Government- wide suspension and debarment process occurs in order to hold the contractor accountable. H.R. 882 would, in essence, codify that regulation and provide a means to verify the contractor's certification. The legislation also provides broad exceptions for debts being paid in a timely manner, and debts to which a due process hearing has been requested or is pending. Like the Federal Employee Tax Accountability Act, to be considered next, this legislation is meant to affect those thumbing their nose at Uncle Sam and the United States of America. The Government Accountability Office, the GAO, has reported that government contractors owe over $5 billion in unpaid Federal taxes. Many of the contractors have repeatedly failed to fulfill their tax obligations and have delinquencies that have extended over multiple tax periods. GAO even identified instances in which companies that are delinquent in their taxes have won contracts by submitting lower offers than companies that comply with their tax obligations, giving them an undue advantage. Those who consciously ignore the channels in place to fulfill their tax obligations must be held accountable, and they must play on the same even playing field. This legislation will do just that. I urge my colleagues to join me in supporting this commonsense, bipartisan piece of legislation. I again thank Chairman Issa for his support, as well as Ranking Member Cummings.

Mr. CHAFFETZ

Mr. CHAFFETZ. Mr. Speaker, I want to thank the bipartisan support that we've had in the passage of this legislation and urge its support. H.R. 254 is a win for Federal taxpayers, the environment, and energy users. This bill allows for the development of 50 megawatts of clean, renewable hydropower on the Diamond Fork System in Utah and will generate $600,000 per year for the Federal Government. In Utah, we are one of the fastest-growing areas in the Nation and we need this power. Under current law, hydropower will not be developed on the Diamond Fork System due to a requirement that energy developers pay $106 million to recover sunk costs that were incurred several years ago. This $106 million payment requirement renders the hydropower project economically unfeasible. According to the Congressional Budget Office doing an assessment on H.R. 254: Among the reasons that CBO expects the site will probably not be developed over the next 10 years under current law is a requirement that project sponsors pay the Treasury for a portion of the Federal Government's previous investments in the water project. H.R. 254 would waive the repayment requirement, making the project economically feasible. In addition, the developer would pay the Federal Government a $600,000 per year fee, unrelated to the sunk cost, once the project is completed. Massive amounts of energy are generated in the Diamond Fork unit as water flows downhill from Strawberry Reservoir to the Utah and Salt Lake Valleys. Energy dissipators are scattered throughout the pipeline to slow the flow and disperse the energy. Under H.R. 254, the operators would be able to replace those dissipators with turbines, allowing the currently wasted energy to be converted into electricity. With or without this bill, the Federal Government will not recover the $106 million under any realistic scenario, and developers will not create 50 megawatts of renewable hydropower unless the sunk cost repayment requirement is waived. Additionally, the Federal Government will receive $600,000 per year once the project is completed if the repayment requirement is waived. This has had a number of hearings within the Natural Resources Committee. We appreciate the bipartisan support and spirit of this moving forward. I would urge passage by my colleagues. We need the energy. This is the best, clean way we can do it.

Mr. CHAFFETZ

Mr. CHAFFETZ. Mr. Speaker, on rollcall No. 74 I was unavoidably detained. Had I been present, I would have voted ``nay.''

Mr. CHAFFETZ

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

Mr. CHAFFETZ

Mr. CHAFFETZ. Mr. Speaker, I rise today to recognize Dr. Dan Jones, Utah's most prominent political pollster, on his impressive career and service to our State. Over a 50-year period, Dr. Jones has become synonymous with Utah politics in his roles as professor, pollster, consultant, mentor, and political expert. As President and CEO of Dan Jones & Associates, which he founded in 1980, Dr. Jones has presided over one of the Intermountain West's most highly regarded market and political research firms. Conducting polls, focus groups and surveys for a wide range of organizations, the firm's data is routinely used by Salt Lake City's print and broadcast media organizations. Dr. Jones also has a long and distinguished history of consulting on Utah's highest profile political campaigns ranging from Utah Governors Matheson, Bangerter and Leavitt to Senators Hatch, Bennett and Garn. In addition to his work in the private sector, Dr. Jones has taught tens of thousands of Utah students over a career that has spanned five decades. He taught at both Utah State University in Logan, Utah and most recently at the University of Utah's famed Hinckley Institute of Politics. His teaching has frequently been singled out for accolades, including the Distinguished University Teaching Award in 2002, Adjunct Professor of the Year in 1999, and Students Choice for Professor of the Year in 1997. Dr. Jones' distinguished career began after earning a Bachelor's degree at Idaho State University. Dr. Jones enlisted in the military, where he remained in Active Duty in the United States Army from 1957- 1959, and was commissioned a Captain in the U.S.A.R. where he served until 1968. Following his military service, Dr. Jones furthered his education by earning a master's degree in 1962 and doctorate degree in 1968 at the University of Utah. Following his graduate studies, Jones taught for twelve years at Utah State University and rose to the rank of full professor. After founding Dan Jones & Associates in 1980, Dr. Jones joined the faculty at the University of Utah where he was named a Hinckley Fellow in 2008. He eventually served as Interim Director of the Hinckley Institute of Politics from 2003-2005. Dr. Jones has also served for 12 years as a co-director of the Huntsman Seminar in Constitutional Government for Teachers. I invite my colleagues to join me in celebrating the accomplishments of this incredible man.

Mr. CHAFFETZ

Mr. CHAFFETZ. Madam Speaker, at this time, I would like to yield such time as he may consume to the original sponsor of this bill, the gentleman from Texas (Mr. Poe).

Mr. CHAFFETZ. Madam Speaker, I have no additional speakers, and I reserve the balance of my time.

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

Mr. CHAFFETZ. Madam Speaker, I move to suspend the rules and concur in the Senate amendment to the bill (H.R. 6364) to establish a commission to ensure a suitable observance of the centennial of World War I, to provide for the designation of memorials to the service of members of the United States Armed Forces in World War I, and for other purposes.

Mr. CHAFFETZ. Madam Speaker, I would like to again thank Representative Poe from the State of Texas for introducing this legislation and his tenacious pursuit of making this happen. The bill is bipartisan in its approach. It creates a means for properly commemorating the centennial of the Great War in honoring those who gallantly fought. I would encourage my colleagues to vote in concurrence with the Senate amendment to H.R. 6364 and remind people that no taxpayer dollars will be used to carry out this act. I encourage my colleagues to vote in favor of this, and I yield back the balance my time.

Mr. CHAFFETZ

Mr. CHAFFETZ. Mr. Speaker, I thank the gentleman from Texas. I rise in support of S. 2170, the Hatch Act Modernization Act of 2012. I'd also like to thank and commend Ranking Member Cummings and his work with Chairman Issa for bringing this bill to the floor on a bipartisan and a bicameral basis. I also want to commend Senator Mike Lee for his tireless work on this, his concern, particularly on what happened in Utah, and his good work with Senator Akaka. The bill wouldn't be here today without their good work, and I commend them both for working, again, in a bipartisan way. I am also a proud cosponsor of H.R. 4152, sponsored by Ranking Member Cummings--I'm glad to come together with him--which is the House companion to S. 2170. S. 2170 makes commonsense, long overdue reforms to the Hatch Act, which became law nearly 75 years ago. While the numerous reforms this legislation includes are all important, I'd like to highlight the critical reform made by section 2 of this bill. In May of this year, the Oversight and Government Reform Subcommittee with jurisdiction over the Federal workforce held a hearing where members heard of the ongoing problems with the Hatch Act and options for reform. At the hearing, the subcommittee heard from my fellow Utahn Jon Greiner, an individual whose experience with the Hatch Act has become far too common and is the reason why we're here today. In 2006, Mr. Greiner, while serving as the chief of the Ogden City Utah Police Department, was elected to the Utah State Senate. While this occasion would presumably be joyous, unfortunately for Chief Greiner, it was the beginning of a 5-year legal battle with the Federal entities charged with the enforcing of the Hatch Act. At the end of the long and costly legal battle, Chief Greiner was ultimately found by these Federal entities to have violated the Hatch Act in December 2011. Chief Greiner was not only fired by Ogden City for his violation, but was also banned by the Federal Government from serving as a law enforcement officer in Utah for 18 months. And what did Chief Greiner do to deserve such punishment? He simply signed a required quarterly report for a Federal technology grant awarded to upgrade the Weber and Morgan County, Utah, emergency dispatch center--a Federal grant that didn't even directly benefit the Ogden City Police Department but, instead, was designed to enhance the dispatch capabilities for the entire county. Chief Greiner didn't receive a cent of the money in his paycheck nor did his department. He was simply the department and city's point of contact after one pen stroke ended an exemplary career of nearly four decades of distinguished public service. Thankfully, Mr. Speaker, section 2 of S. 2170 will now make it possible for State and local public servants whose job is connected to Federal funding to be able to run for office--while still preventing those who are paid completely by the Federal Government from running for office. Sadly, Mr. Speaker, Chief Greiner's Hatch Act violation, while absurd, has occurred all over the country. I'm happy to say, after this legislation is passed, it should never, ever happen again. I urge my colleagues to join me in supporting this bipartisan, bicameral piece of legislation. Again, I thank Chairman Issa for making this happen and for the work of Ranking Member Cummings.

Mr. CHAFFETZ

Mr. CHAFFETZ. Mr. Speaker, we urge passage, and I yield back 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. I yield myself such time as I may consume. Mr. Speaker, S. 1379 would grant the District of Columbia courts and Public Defender Service greater administrative flexibility in several areas. First, it authorizes the D.C. Superior Court and the Court of Appeals to hold judicial conferences either annually or biennially, eliminating the current mandate that they always hold such conferences each and every year. It requires magistrate judges to attend these judicial conferences. It authorizes the D.C. courts to delay judicial deadlines in certain emergency situations such as a natural disaster. It also allows the D.C. courts to be reimbursed by the D.C. government for certain office expenses, and it gives the D.C. Public Defender Service authority to purchase liability insurance for its attorneys, and changes the term for family court judges from 5 years to 3 years. Nearly identical legislation was approved unanimously by the House in the 111th Congress. There is no expected cost associated with the legislation. I would like to thank Senator Akaka for sponsoring this bill and guiding its passage in the other body. I would also like to thank our colleague, Ms. Norton, for her work in getting this legislation to the floor today. She cares passionately about D.C. and has nothing but its best interests at heart. We listen to that, we hear that, and in part, because of that, we support this legislation and encourage our colleagues to do the same. With that, I reserve the balance of my time.

Mr. CHAFFETZ

Mr. CHAFFETZ. Mr. Speaker, we urge passage of S. 3315 introduced by Senator Carper. It is a good, commonsense piece of legislation. The committees of jurisdiction concur. It is bipartisan in its approach. We urge its passage. I yield back the balance of my time.

Mr. CHAFFETZ. I yield myself such time as I may consume. Mr. Speaker, as you know, the Government Accountability Office is a great aide to the United States Congress. They help by auditing and examining government programs and reporting its findings to Congress. They serve a valuable position in the work that we do. The GAO is responsible for 102 recurring annual statutory mandates and receives over 700 additional requests each year. It's quite a demand on the resources that we've given them. This bill eliminates or decreases the recurrence of several GAO reports and auditing requirements for eight Federal programs or commissions. In recent years, we've been asking GAO to do more with less, as we should; but GAO will become more efficient by reducing obligations that once served an important purpose but now needlessly consume its limited resources. Eliminating these mandates will also allow GAO to more quickly respond to Congressional requests for assistance. GAO handpicked these reports as overly burdensome with modest benefits, and the related committees of jurisdiction concur. Senator Carper introduced Senate bill S. 3315, the GAO Mandates Revision Act, in June of this year, and the measure passed the United States Senate by unanimous consent in September. We urge all of our colleagues to support this measure. I reserve the balance of my time.

Mr. CHAFFETZ

Mr. CHAFFETZ. Mr. Speaker, in closing, first let me just thank and commend my colleague Mr. Towns. This very well might be the final bill that he will introduce and that will pass this body. He is a good and decent gentleman. When I came here 4 years ago as a freshman, he was one of the most gracious and great people to work with. He was the chairman of our committee. I was a fresh newbie there; yet he helped me in every way while showing a great deal of respect across the aisle. I congratulate him on an amazing experience here in the Congress. This is another example of a good bill that this gentleman is putting forward. I wish him nothing but the best with the rest of his career and life and everything else. We need more good people like Mr. Towns participating in this Congress. So I congratulate him on this bill, urge the passage of this bill, and thank him for his great work.

Mr. CHAFFETZ. I yield to the gentleman from New York.