[Congressional Record (Bound Edition), Volume 159 (2013), Part 5]
[House]
[Pages 6965-6968]
[From the U.S. Government Publishing Office, www.gpo.gov]




                                THE IRS

  The SPEAKER pro tempore. Under the Speaker's announced policy of 
January 3, 2013, the Chair recognizes the gentleman from Pennsylvania 
(Mr. Perry) for 30 minutes.
  Mr. PERRY. Mr. Speaker, do we live in a banana republic? Are we 
living under a tin horn dictatorship? I mean, just this evening the IRS 
Acting Chief Steve Miller resigned. I suppose that's damage control, 
that's how we're going to fix this--you know, heads are going to roll.
  Just recently, Mr. Miller wrote to Members of Congress at least twice 
to explain the process of reviewing applications for tax exempt status 
without disclosing that Tea Party groups had been targeted. So it's 
nothing new. As a matter of fact, in July of last year he testified 
before the House Ways and Means Oversight Subcommittee and didn't 
mention it, he didn't mention the additional scrutiny. I'm sure it must 
have slipped his mind. Oh, that's right, it couldn't have slipped his 
mind because he was asked about it specifically.
  Now we're supposed to trust these answers that are forthcoming at 
this time and are continuing to be revised. But initially--and 
falsely--they claimed that the practice of flagging conservative groups 
for additional scrutiny was contained to low-level staffers at a 
Cincinnati office. First we heard it was a couple hundred, or 75, and 
then 200, and now it's like 500. I mean, how much do we trust someone 
that continues to change their story? And if it was low-level folks at 
the agency, how come the guy at the top just resigned? I mean, I 
understand that the buck stops there, but does the buck stop there--or 
should it stop there?
  According to the report by the Inspector General, they knew about the 
problem by June 2011. I mean, they knew about it. They're testifying in 
front of Members of Congress and misleading Members of Congress. Forget 
Members of Congress, what about the American people? What about the 
people in these organizations, God-fearing, tax-paying Americans that 
were targeted, what about them?
  According to the IG report, the IRS was not only targeting Tea Party 
organizations; it was going after groups focused on government 
spending, government debt, taxes, and education on ways to make America 
a better place to live. Really? I mean, maybe I'm being targeted 
because I'm looking through that list and I think those are things I 
stand for. I think those are things that most of my constituents stand 
for.
  It also started targeting groups criticizing the government or 
educating Americans about the Constitution and the Bill of Rights. 
Since when is it a problem to criticize your government? I mean, isn't 
that one of the fundamental things that this Nation was founded on? And 
now we're going to have the IRS come after us. And is it bad that we 
educate Americans about the Constitution and the Bill of Rights? Is 
that a bad thing? Apparently--according to the IRS--it is.
  The use of the IRS to target political opponents of an administration 
is one of the greatest dangers of the tremendous power of this Federal 
agency. I mean, I asked, are we living in a banana republic? Is this a 
tin horn dictatorship, because certainly this can't happen in America. 
These are things that happen in these other small rogue nations where 
there are political dissidents that come to America to escape 
persecution.
  So what's next for us in America? If it starts here, does it end with 
then us going to jail as political dissenters against some ideals that 
the administration currently in power has?

[[Page 6966]]

  I'm going to read an excerpt of the Federal law, 26 U.S. Code 7217. 
It prohibits any employee of the Executive Office of the President and 
Vice President, as well as Cabinet Secretaries, from requesting, 
directly or indirectly, that the IRS investigate any particular 
taxpayer with respect to the tax liability of such taxpayer.
  It is important for the rule of law and the interest of justice that 
the Congress aggressively pursue its oversight function to get to the 
bottom of the scandal. We don't want to just get to the bottom of the 
scandal so we can make sure it never happens again. I mean, that's what 
we so often hear. We need to find out who instigated it and who 
authorized it, because it is very hard for us to believe that these 
were just some low-level employees that, you know, took it upon 
themselves.
  And I must ask everybody, what is their impetus? What is their 
motivation to do that? What low-level employee would take it upon him 
or herself to say, well, we're going to start investigating Tea Party 
groups and groups with the name ``patriot'' in their organization. 
What's in it for them? And I suspect you're having a hard time coming 
up with the answer, just as I am.
  How long has this been going on? Well, apparently it started in 
February of 2010, and it lasted for about 27 months. The last appeal 
that was approved was in Champaign, Illinois, in February of 2010. So 
if you think back to February, what was happening in February of 2010? 
Well, first of all, if you own an iPad right now, you couldn't get one 
in February of 2010 because there were none available; it wasn't on the 
market. If you remember back then, there was a volcano over Iceland 
that was stopping air travel to Europe. There was the Freshwater 
Horizon that blew up in the gulf, killing many workers and destroying 
the environment or contaminating the environment in the gulf. That's 
how long ago this has happened. That's how long this has been going on. 
And that's how long people in this administration knew about it and 
said nothing.
  You know, I don't know what this means for Tea Party organizations 
and patriot groups and the like. I mean, if I quote Julian Bond, the 
former head of the NAACP, he calls the Tea Party the Taliban of 
American politics. I would suggest to you that they're exactly opposite 
that, and the actions of the administration are more keeping with 
Taliban-like tactics. I mean, these folks are continually ridiculed for 
being, oh, opposed to government intrusion in their lives, and worrying 
about conspiracies, and what kind of personal things about them the 
government is looking into and what they're doing with it. And it's all 
very conspiratorial, and they're seen as kind of kookie whack jobs. 
Apparently they're right. Who knew?
  During this same period of time, interestingly, a director in the IRS 
fast-tracked an application for the President's half-brother. That took 
1 month. It took 1 month. Meanwhile, 27 months went by where 
organizations with the name ``Tea Party'' or ``patriot'' couldn't 
receive the same consideration.
  Did front-line employees do this? Again, I've got to question that. 
It just doesn't add up. Again, day by day we hear more and more. I 
mean, the first thing that came out recently was that rogue employees 
did this--and at one point only one employee. Really? One employee out 
of 106,000 that work at the IRS, that's what we're supposed to believe?
  Are we supposed to change our trust level and our belief level every 
day as new reports come out with new information that countervails the 
information of the day before? I mean, we've got to ask--the government 
asks its citizens all kinds of information, whether you're a farmer and 
the Agriculture Department forces you to do a survey, complete a survey 
under penalty of law.
  And folks call up their Congressman. They call me up in the district 
office and they say: Why must I fill this out? Why do they need all 
this information? What is this relevant information? That's the Ag 
Department census. And maybe it's fair; maybe it's not. I take issue 
with it. But in this case, I really take issue with it because in this 
application and in their findings, the IRS findings, they looked at 
what books Members were reading. Are we going to have a book burning 
next?

                              {time}  1950

  They looked at Facebook posts, resumes of officers, minutes of 
meetings since the organizations' inceptions. And I ask you, what does 
any of that have to do with your tax status? Or does it have to do with 
something else? Does it have to do with your political status and who 
you may disagree with?
  Thirty-one organizations' information was released to organizations 
like ProPublica--31 organizations. Maybe that's the beginning of that, 
and maybe we don't know the extent of how many other organizations were 
leaked this information. What did they do with it? Did they maybe use 
it to target candidates in political elections to make sure that they 
lost because they disagreed with their ideology?
  We understand that we oftentimes disagree on ideology on policy, but 
we expect a fair and level playing field, and we certainly expect the 
government to provide that. That's the government's role. That's one of 
the government's core missions. In this case, obviously, the government 
was working for one team and decidedly against the other team. What 
does that mean to all Americans?
  Some applications were under review at the IRS for 3 years, yet you 
could sue the IRS after 270 days for inaction. For 3 years these things 
went dormant. So who's responsible?
  We have had a host of scandals in this town from time immemorial. 
This administration is really at some point no different than the next, 
but on one point I think it has been so far: nobody is ever 
responsible. People take responsibility, but there's no accountability, 
and no heads really roll. Nothing happens to anyone.
  Finally, there is a firing here and we're not sure this guy had 
anything to do with it. But I would ask you this:
  The President says that he finds out this information that you find 
out in the public on the same day you find it out. Mr. Speaker, that 
seems odd to me. He's the President. He's the leader of the country. We 
know that he can't know every little thing in every agency. He can't 
know that, and we don't expect him to know that. That is why he hires 
top people, smart people to run those organizations for him. But he is 
the leader of the country, and when this is going on for a couple of 
years and they know about it, shouldn't we be concerned that he doesn't 
know anything about it? I mean, is that a failure of leadership? I 
think that's a great question. And I think that it is bad that our 
President says that he doesn't know, and that he truly doesn't know. I 
don't see that as a good thing.
  Mr. Speaker, the American public increasingly has a trust issue with 
this administration, which is now in damage control, and we understand 
that they have to be. But, Mr. Speaker, while they are in damage 
control, is the people's business, the legitimate people's business 
being conducted right now? Where is their focus? Where was their focus 
on these issues when they could have been stopped or averted, and where 
is it now and what is the cost of that?
  And I would also say to you this: as a person who has lead 
organizations myself, at the top is where the culture starts. The 
person at the top, he or she determines the culture of that whole 
organization. The people within that organization survive or do not 
survive by going along and learning to fit in with that culture. If 
everything below that starts eroding, you can only, at some point, look 
towards the top.
  I would submit to you under the current scenario of the last week's 
events that we might really be seeing the advent of the evidence of a 
culture of corruption that has been going on for more than just a few 
days. Let's just go through a couple of them. I know you know it is 
coming.
  It started with Fast and Furious, and I can tell you that I don't 
feel like I've gotten the answers. I don't think the American people 
have gotten the answers that they have been looking for.

[[Page 6967]]

I certainly don't think that justice has been served for those folks 
and, in particular, the one agent on the border who lost his life over 
that.
  And, of course, there's Benghazi, which information continues to come 
out even as we speak, including emails today that show that the State 
Department and the White House changed the intelligence talking points. 
Changed them why? Why change them? Why not tell the American people 
what happened, especially when apparently you know what happened? Is it 
because it shouldn't have happened and it didn't have to happen, but 
there was inaction when something could have changed? We heard that, 
well, we couldn't get folks there in time. We can do a lot of things in 
this town, but one thing I haven't seen anybody be able to do is to 
predict the future.
  I don't know who in the White House or who in the Department of State 
predicted that the attack would only last so long. Years ago, when I 
was a little kid, I watched hostages in Iran being taken, and that 
lasted for well over a year, 470-some days or something like that.
  How did we know, how did the Department of State, how did the White 
House know that this wasn't going to be the same scenario and these 
folks weren't going to be held captive for years and years and the 
United States held hostage? They just assumed whatever they assumed, I 
guess.
  It is just interesting. We don't know the President's whereabouts 
during that period of time. I don't know if we will ever know. But it 
is interesting that there is no culpability, there is no 
accountability. Folks at the State Department, we were told, well, 
there were some low-level folks that were responsible for the security 
misfortune and missteps at the consulate and they have been reassigned. 
Four people are dead. Families don't know why their children died--
their brothers, their sisters, their husbands, their fathers--they 
don't know to what end, and they still don't know. If we left it up to 
this administration, who keeps on stonewalling and just metering out 
the information only as fast as we can pull it out of them, they may 
never know.
  Is it embarrassing? Americans are forgiving. If a mistake was made in 
good faith, a mistake was made. We are all human. But was a mistake 
made in good faith or was a mistake made--scratch that. Was it a 
precalculated decision for political purposes? And, if it was, that is, 
indeed, reprehensible. I'm sure that is, indeed, embarrassing and there 
will be a cost to that. So maybe that is the motivation we don't know.
  And then there is the Justice Department wiretaps at the AP. The 
Attorney General recused himself. He recused himself. He recused 
himself of what? I'm not sure the timeline there. Does that mean he 
knew that the Justice Department was going to tap the AP, one of the 
largest wire services in the world? Did he know and say, well, there is 
an investigation going on so I'm going to stay out of it and he left it 
to his deputy?
  We don't know what to trust, but I can tell you this. According to 
the Department of Justice, their media subpoena requirement is:

       The approval of the Attorney General is required before a 
     government attorney can issue a subpoena to a member of the 
     news media.

  That is not my words. That comes right from 28 CFR 50.10.
  Fifty-two major media organizations have spoken out against this. 
This is not a liberal/conservative thing. This is a freedom of the 
press. This is an issue that crosses all lines.
  The press Shield Act has been introduced in the Senate. It was 
introduced a couple of years ago when Democrats held the House, the 
Senate, and the Presidency. Now it is being reintroduced and retouted. 
Oh, really? If it was so important--if it is so important now, why 
didn't you pass it then? Why did you wait until now to reintroduce it 
and make a big deal of it?
  I would suggest to you that that is more damage control. It is more 
political gamesmanship and trying to just smooth over a bad situation.
  The Justice Department wiretaps at the AP led right to this House 
gallery. And I wonder about jurisdictional issues. Doesn't the 
Executive Office have a separation of powers duty? Can the Executive 
Office wiretap the House of Representatives?
  And what about the Senate? Isn't it curious that the House of 
Representatives is controlled by the majority party, which is 
Republicans, so the wiretaps come here, but they don't go to the 
Senate, where arguably most of the reporters hang out because that is 
where things are really happening most of the day, but no wiretaps 
there? I guess it is just a coincidence, Mr. Speaker.
  Let's move on. Health and Human Services Secretary Sebelius out 
soliciting funds to pay for ObamaCare. Is that appropriate or is that 
not a little scandalous? Is she shaking them down? Are we just now 
waiting for the next shoe to drop on that and to get some information 
about that?
  There's another one waiting in the wings as we speak, the EPA. Fees 
for FOIA requests. Freedom of Information Act requests are normally 
waived for philanthropic and public policy-oriented organizations. And, 
of course, they were waived for 92 percent of green groups friendly 
with the EPA. Interestingly, during the same period of time, the fees 
were universally applied to conservative groups.

                              {time}  2000

  Mr. Speaker, we have a trust issue. We've had a trust issue in the 
House of Representatives with the administration for some time, and the 
American people are starting to realize that they, too, have a trust 
issue. It is unfortunate. It is unfortunate because, at a time when 
Congress is, generally speaking, still pretty close to an all-time low 
in approval rating, what we need is uplifting things from the most 
transparent organization in history to make sure that the American 
people know that they can trust their government even though they don't 
always agree. Sometimes they disagree with policy, but if it's out 
front--if you give somebody your rationale, if you tell him this is why 
I think we should do what we should do--a citizen says, I don't agree, 
but you're our leader, so go ahead.
  We don't lie to the American people. We don't hide things from the 
American people. We don't watch Americans die and do nothing about it 
and then lie about it after the fact. We don't mislead Congress.
  Mr. Speaker, it's the most critical time during these times for the 
administration to fully come clean on everything. Be up front on 
everything. Don't parse the information, because all that will serve to 
do is to erode the trust of the American people further day by day, not 
only in the administration, but in the halls of all of government 
institutions from the top to the bottom.
  We as Americans are right to be cynical of our government. We are 
right to, and we have a right to be cynical. It's not a bad thing. We 
have the right to question, and we should question--that's how answers 
come--but we shouldn't have to question the trust. Questioning motives, 
questioning policies, those are apt things, but not wondering why the 
government is collecting information to give to the IRS.
  Why would you give it to the IRS? Why did the IRS need that 
information? Was it to get more taxes? Why do they need to know what 
books you're reading? The IRS can put people in jail, folks. Are we 
looking towards a time when we put people in jail for reading the wrong 
books? for thinking the wrong things? for opposing the ruling powers? 
That is something for another world. That is something from another 
world, another country.
  This is America. These things do not happen here. These things should 
not happen here. Yet these things, apparently and sadly, have happened 
here.
  It is time for the administration to lay everything on the table so 
that we know where we stand, so that we can get past this and get back 
to the business of governance. We have slow economic growth. People are 
struggling. People have lost their jobs. People will continue to lose 
their jobs. Bills are going up, and paychecks are going down. That's 
what we need to be focusing on.
  We are held hostage by foreign governments who own our debt. We are

[[Page 6968]]

held hostage by foreign governments who hold energy supplies while 
we're standing right on top of them in America. Those are the policies 
we need to be discussing, not whether our government misled us about 
Benghazi; whether they misled us about wiretaps; whether they misled us 
about Fast and Furious; whether they misled us about Health and Human 
Services and what they're doing with shaking down companies for money 
for ObamaCare; whether they're going to mislead us about the EPA and 
fees charged to certain organizations only; and certainly, the IRS' 
targeting of certain individuals for what they think and what they say.
  There is no place for that in America. We need to get back to the 
people's business, and we need to do it right fast.
  Mr. Speaker, I yield back the balance of my time.

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