[Congressional Record Volume 165, Number 54 (Thursday, March 28, 2019)]
[Senate]
[Pages S2090-S2091]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
By Mr. GRASSLEY (for himself and Mr. Wyden):
S. 928. A bill to amend the Internal Revenue Code of 1986 to
modernize and improve the Internal Revenue Service, and for other
purposes; to the Committee on Finance.
Mr. GRASSLEY. Mr. President, I am pleased that my colleague, Finance
Committee Ranking Member Wyden, will be joining me in introducing the
Taxpayer First Act of 2019 later today. This legislation seeks to
modernize the Internal Revenue Service, improve taxpayers' services,
and strengthen taxpayer protections.
The package of IRS reforms we will introduce today is the culmination
of years of work by both the Senate Finance Committee and the House
Ways and Means Committee. It is truly a bipartisan package that adopts
provisions authored by committee members on both sides of the aisle of
the House and the Senate.
Former Chairman Hatch of Utah deserves a lot of credit for working to
reach a bipartisan, bicameral agreement at the end of the last
Congress, which is reflected in the legislation we will be introducing
this afternoon.
I know Senator Hatch put a lot of work into trying to get this
legislation across the finish line last year. Unfortunately, it wasn't
meant to be, due to both political realities and, maybe, time
constraints--even more so.
However, his work helped us get to where we are today. In other
words, we are advancing a great deal of what Senator Hatch worked on,
and our hope is that it will allow us to move quickly this year and
finally get these commonsense reforms of the Internal Revenue Service
enacted into law.
Some of the IRS reforms in this legislation include establishing a
truly independent Office of Appeals within the Internal Revenue
Service. This will help ensure the playing field is not tilted against
taxpayers when those taxpayers are in dispute with the Internal Revenue
Service.
To help bring the Internal Revenue Service into the 21st century, the
legislation also would require the IRS to submit to Congress a plan to
redesign the structure of the Agency to improve efficiency, enhance
cyber security, and better meet taxpayer needs.
It also includes a number of provisions to protect the taxpayers
better from tax ID theft and improve taxpayer interaction with the IRS,
should they become a victim of that crime. This includes creating a
single point of contact in the IRS to help the taxpayers navigate the
bureaucracy and resolve their issues as quickly as possible.
To provide taxpayers with better protection against becoming such a
victim in the first place, the legislation will expand to all taxpayers
an IRS program that currently allows victims--and only victims--of tax
ID theft to obtain a personalized PIN that better secures the identity
of any taxpayer who asks for it.
The legislation also puts in place new safeguards to protect
taxpayers against recent IRS enforcement abuses of so-called
structuring laws. On several occasions, the IRS used these laws to
seize bank accounts of small business owners when no underlying
criminal activity was present. This includes seizing $33,000 from a
small business owner who operated a small restaurant in Arnolds Park,
IA, for nearly 40 years. The IRS--on a whim, taking $33,000 from that
small business--caused the business to close, and the owner did nothing
wrong in the end. Provisions in our bill will help ensure these types
of abuses never occur again.
I would also like to note the improvements to the IRS whistleblower
program that are contained in the bill.
[[Page S2091]]
In 2006, I authored legislation establishing a mandatory Internal
Revenue Service whistleblower program. Since it was established, the
IRS whistleblower program has turned into one of the most effective
programs addressing tax evasion, leading to the recovery of more than
$5 billion in taxes that otherwise would have been lost to fraud.
Unfortunately, too many IRS whistleblowers continue to be treated
like a skunk at a picnic. They often wait for years, and while they are
waiting for years, it is in the dark, with no indication of whether the
information they provided to the IRS would ever lead to a successful
recovery or whether their reward is even being processed.
Moreover, they are often putting their careers on the line, exposing
corporate tax shelters with no protection should their employer decide
to retaliate.
Provisions in our bill will help to address these issues by
authorizing the IRS to communicate with whistleblowers, in certain
instances, while protecting taxpayer privacy.
What we are really saying is this: You ought to let these
whistleblowers, who are patriotic people, trying to help the Federal
Government collect money that wouldn't otherwise be collected--treat
them like the patriotic citizens they are.
The bill would also extend anti-retaliation provisions to IRS
whistleblowers that are presently afforded to whistleblowers under
other whistleblower laws--the False Claims Act, which I authored in
1986, as well as the more recent Sarbanes-Oxley Act, which came out of
another committee that I didn't serve on.
Finally, the bill includes modifications to the private debt
collection program. I have long been a proponent of this program as a
way to tackle the tax gap and to promote tax fairness. It works by
assigning certain tax debts, which the IRS otherwise would not attempt
to collect, to an outside contractor to pursue.
In other words, if the IRS isn't going to go after all the money that
is owed to the taxpayers--and we don't want $1 more than what people
owe, but we want every dollar that people do owe--if they aren't going
to go after it, we ought to find some way to go after it. That is why
we have outside contractors pursuing some of these issues that the IRS
isn't going to pursue.
Recent quarterly revenue reports demonstrate the program has the
potential to bring in hundreds of millions of dollars in revenue on an
annual basis.
I understand some of my colleagues, particularly on the House Ways
and Means Committee, have been concerned that the program has been too
heavily focused on lower income taxpayers. We listened to these
concerns, and we worked to develop a sensible compromise while yet
strengthening the long-term viability of this program.
These are just a few of the provisions in this bill. There are many
others that will go a long way toward making the IRS work better for
taxpayers.
I also know that some of my colleagues have additional ideas that we
were unable to include in this package. I want them to know that I see
this legislation as a first step toward reforming the IRS and
strengthening taxpayers' protections.
I agree there is more that we can do. I am committed to evaluating
additional proposals with input from all of our colleagues on reforms
that could be included in a package of additional IRS reforms later
this Congress.
But first things first. Companion legislation is being introduced in
the House, which I hope the Senate will receive in the near future.
I ask all of my colleagues to join me and Ranking Member Wyden in
supporting this bipartisan bill.
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