[Congressional Record (Bound Edition), Volume 161 (2015), Part 4]
[House]
[Pages 5054-5055]
[From the U.S. Government Publishing Office, www.gpo.gov]




           IRS BUREAUCRACY REDUCTION AND JUDICIAL REVIEW ACT

  Mr. RYAN of Wisconsin. Mr. Speaker, I move to suspend the rules and 
pass the bill (H.R. 1295) to amend the Internal Revenue Code of 1986 to 
improve the process for making determinations with respect to whether 
organizations are exempt from taxation under section 501(c)(4) of such 
Code, as amended.
  The Clerk read the title of the bill.
  The text of the bill is as follows:

                               H.R. 1295

       Be it enacted by the Senate and House of Representatives of 
     the United States of America in Congress assembled,

     SECTION 1. SHORT TITLE.

       This Act may be cited as the ``IRS Bureaucracy Reduction 
     and Judicial Review Act''.

     SEC. 2. ORGANIZATIONS REQUIRED TO NOTIFY SECRETARY OF INTENT 
                   TO OPERATE AS 501(C)(4).

       (a) In General.--Part I of subchapter F of chapter 1 of the 
     Internal Revenue Code of 1986 is amended by adding at the end 
     the following new section:

     ``SEC. 506. ORGANIZATIONS REQUIRED TO NOTIFY SECRETARY OF 
                   INTENT TO OPERATE AS 501(C)(4).

       ``(a) In General.--An organization described in section 
     501(c)(4) shall, not later than 60 days after the 
     organization is established, notify the Secretary (in such 
     manner as the Secretary shall by regulation prescribe) that 
     it is operating as such.
       ``(b) Contents of Notice.--The notice required under 
     subsection (a) shall include the following information:
       ``(1) The name, address, and taxpayer identification number 
     of the organization.
       ``(2) The date on which, and the State under the laws of 
     which, the organization was organized.
       ``(3) A statement of the purpose of the organization.
       ``(c) Acknowledgment of Receipt.--Not later than 60 days 
     after receipt of such a notice, the Secretary shall send to 
     the organization an acknowledgment of such receipt.
       ``(d) Extension for Reasonable Cause.--The Secretary may, 
     for reasonable cause, extend the 60-day period described in 
     subsection (a).
       ``(e) User Fee.--The Secretary shall impose a reasonable 
     user fee for submission of the notice under subsection (a).
       ``(f) Request for Determination.--Upon request by an 
     organization to be treated as an organization described in 
     section 501(c)(4), the Secretary may issue a determination 
     with respect to such treatment. Such request shall be treated 
     for purposes of section 6104 as an application for exemption 
     from taxation under section 501(a).''.
       (b) Supporting Information With First Return.--Section 
     6033(f) of such Code is amended--
       (1) by striking the period at the end and inserting ``, 
     and'',
       (2) by striking ``include on the return required under 
     subsection (a) the information'' and inserting the following: 
     ``include on the return required under subsection (a)--
       ``(1) the information'', and
       (3) by adding at the end the following new paragraph:
       ``(2) in the case of the first such return filed by such an 
     organization after submitting a notice to the Secretary under 
     section 506(a), such information as the Secretary shall by 
     regulation require in support of the organization's treatment 
     as an organization described in section 501(c)(4).''.
       (c) Failure To File Initial Notification.--Section 6652(c) 
     of such Code is amended by redesignating paragraphs (4), (5), 
     and (6) as paragraphs (5), (6), and (7), respectively, and by 
     inserting after paragraph (3) the following new paragraph:
       ``(4) Notices under section 506.--
       ``(A) Penalty on organization.--In the case of a failure to 
     submit a notice required under section 506(a) (relating to 
     organizations required to notify Secretary of intent to 
     operate as 501(c)(4)) on the date and in the manner 
     prescribed therefor, there shall be paid by the organization 
     failing to so submit $20 for each day during which such 
     failure continues, but the total amount imposed under this 
     subparagraph on any organization for failure to submit any 
     one notice shall not exceed $5,000.
       ``(B) Managers.--The Secretary may make written demand on 
     an organization subject to penalty under subparagraph (A) 
     specifying in such demand a reasonable future date by which 
     the notice shall be submitted for purposes of this 
     subparagraph. If such notice is not submitted on or before 
     such date, there shall be paid by the person failing to so 
     submit $20 for each day after the expiration of the time 
     specified in the written demand during which such failure 
     continues, but the total amount imposed under this 
     subparagraph on all persons for failure to submit any one 
     notice shall not exceed $5,000.''.
       (d) Clerical Amendment.--The table of sections for part I 
     of subchapter F of chapter 1 of such Code is amended by 
     adding at the end the following new item:

``Sec. 506. Organizations required to notify Secretary of intent to 
              operate as 501(c)(4).''.

       (e) Limitation.--Notwithstanding any other provision of 
     law, any fees collected pursuant to section 506(e) of the 
     Internal Revenue Code of 1986, as added by subsection (a), 
     shall not be expended by the Secretary of the Treasury or the 
     Secretary's delegate unless provided by an appropriations 
     Act.
       (f) Effective Date.--
       (1) In general.--The amendments made by this section shall 
     apply to organizations which are described in section 
     501(c)(4) of the Internal Revenue Code of 1986 and organized 
     after the date of the enactment of this Act.
       (2) Certain existing organizations.--In the case of any 
     other organization described in section 501(c)(4) of such 
     Code, the amendments made by this section shall apply to such 
     organization only if, on or before the date of the enactment 
     of this Act--
       (A) such organization has not applied for a written 
     determination of recognition as an organization described in 
     section 501(c)(4) of such Code, and
       (B) such organization has not filed at least one annual 
     return or notice required under subsection (a)(1) or (i) (as 
     the case may be) of section 6033 of such Code.

     In the case of any organization to which the amendments made 
     by this section apply by reason of the preceding sentence, 
     such organization shall submit the notice required by section 
     506(a) of such Code, as added by this Act, not later than 180 
     days after the date of the enactment of this Act.

     SEC. 3. DECLARATORY JUDGMENTS FOR 501(C)(4) ORGANIZATIONS.

       (a) In General.--Section 7428(a)(1) of the Internal Revenue 
     Code of 1986 is amended by striking ``or'' at the end of 
     subparagraph (C) and by inserting after subparagraph (D) the 
     following new subparagraph:
       ``(E) with respect to the initial classification or 
     continuing classification of an organization described in 
     section 501(c)(4) which is exempt from tax under section 
     501(a), or''.
       (b) Effective Date.--The amendments made by this section 
     shall apply to pleadings filed after the date of the 
     enactment of this Act.

  The SPEAKER pro tempore. Pursuant to the rule, the gentleman from 
Wisconsin (Mr. Ryan) and the gentleman from Georgia (Mr. Lewis) each 
will control 20 minutes.
  The Chair recognizes the gentleman from Wisconsin.


                             General Leave

  Mr. RYAN of Wisconsin. 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 material on H.R. 1295, currently 
under consideration.
  The SPEAKER pro tempore. Is there objection to the request of the 
gentleman from Wisconsin?
  There was no objection.
  Mr. RYAN of Wisconsin. Mr. Speaker, I would like to thank Mr. Holding 
for bringing this bill to the floor, bringing it through committee.
  I would like to thank the ranking member from Georgia as well for his 
support.
  Mr. Speaker, I yield such time as he may consume to the gentleman 
from North Carolina (Mr. Holding) for the purpose of describing his 
bill.
  Mr. HOLDING. Mr. Speaker, I thank the chairman.
  H.R. 1295, the IRS Bureaucracy Reduction and Judicial Review Act, has 
two simple goals. First, it will provide newly formed 501(c)(4) 
organizations with a mandatory yet simple process for registering with 
the IRS. Within 60 days of establishment, a new 501(c)(4) will be 
required to provide notice of formation and intent to the IRS. The IRS, 
in return, must issue an acknowledgement of receipt to the notifying 
organization.
  Second, this legislation would offer 501(c)(4)s the ability to seek 
judicial review should the IRS deny their application for recognition, 
fail to act on the application, or inform an organization that it is 
considering revoking or adversely modifying its tax-exempt status. This 
would be conducted under the 7428 declaratory judgment procedure that 
is currently afforded to other tax-exempt organizations.
  Mr. Speaker, it is important to note that this legislation does not 
change the requirement for 501(c)(4)s to file an annual 990 or alter 
any of the other reporting requirements currently mandated for 
501(c)(4)s.
  Now, thanks to the efforts of Chairman Roskam of the Oversight 
Subcommittee, leading a team of us, we

[[Page 5055]]

know that last year the IRS spent nearly 10,000 hours reviewing 
501(c)(4)s. So this legislation before us would simplify the review 
process for the IRS and allow them to better focus their resources on 
the thousands--thousands, Mr. Speaker--of 501(c)(3) applications which 
are outstanding and languishing for review.
  So I urge the support of this bill, and I thank the chairman.
  Mr. LEWIS. Mr. Speaker, I yield myself as much time as I may consume.
  Mr. Speaker, I rise in support of H.R. 1295. I support the 
improvements the bill makes to the taxpayers' exempt process for social 
welfare organizations.
  Under current law, social welfare organizations are not required to 
file for tax-exempt status with the Internal Revenue Service, although 
many organizations do apply for greater certainty. From 2009 to 2012, 
the number of social welfare organizations applying for tax-exempt 
status nearly doubled, from 1,800 to 3,400 requests.
  But for an organization that simply starts operating as a social 
welfare organization without applying for tax exemption, the agency 
does not have any information on the organization until it files its 
annual information return. This return, known as Form 990, may not be 
due until more than a year after the organization has already been 
operating.
  This bill, which I think is a good bill, is a commonsense bill, 
requires all social welfare organizations to file a notice of formation 
with the agency no later than 60 days after the organization is 
established. The intent is to provide the agency with certain key 
information.
  I believe this bill could have done more. Currently, social welfare 
organizations are permitted to engage in political campaigns. However, 
an organization's primary work cannot be engaging in political 
activities.
  I am concerned that the information required to be provided to the 
agency under this bill, and in the first annual information return, may 
not be sufficient. It is important that the agency can clearly identify 
all cases in which the organizations engage in an inappropriate amount 
of political activity.
  To address this concern, the bill should require these organizations 
to indicate whether they engage or intend to engage in political 
activity.
  Although this bill does not go far enough, I support the improvement 
it makes. I urge all of my colleagues on both sides of the aisle to 
vote ``yes'' for H.R. 1295.
  Mr. Speaker, I reserve the balance of my time.
  Mr. RYAN of Wisconsin. Mr. Speaker, I yield 3 minutes to the 
gentleman from Illinois (Mr. Roskam), the chairman of the subcommittee.
  Mr. ROSKAM. Mr. Speaker, I thank Chairman Ryan for yielding.
  Congressman Holding's idea is a great idea, and we should enact it 
with dispatch and get it done with. And the reason is, according to the 
IRS, their 2014 data book--this is published by the Internal Revenue 
Service--they have said that they have spent 10,000 hours reviewing 
4,000 applications for 501(c)(4) organizations, which sounds sort of 
interesting.
  Except there is a plot trap. And you know what the plot trap is? They 
only said ``no'' to eight of them.
  So, said another way, the way Peter Roskam thinks about the world, 
that is 10,000 hours of a complete waste of time. That is 10,000 hours 
from an organization that is saying, Oh, we are just begging for mercy, 
and we are not able to meet these claims, and we are not able to make 
these calls.
  Now, I have got an email here that the Commissioner sent out to all 
the IRS employees at the beginning of this year. It is January 13, 
2015. And you know how normally, around a dinner table, when people 
say, Hey, you know, it is getting really tough out there. We are going 
to have to do what? We are going to have do more with less.
  That is what we do, as Americans, don't we? We do more with less. 
That is who we are as a people.
  But that is not the Internal Revenue Service. Oh, no, no, no, no, no. 
They don't disappoint. You know what the Internal Revenue Service says?
  We are going to do less with less. We are going to do less with less.
  So this is an organization, now, that has spent 10,000 hours of 
taxpayer time, completely squandering it. Stay tuned next week, and 
come to the Oversight Subcommittee, where you are not going to be 
disappointed when you learn more things about the IRS budget and some 
of the things that we are going to be discussing.
  But my point is this: Representative Holding's concept says, this is 
a complete waste of time. Let's clean this up. Let's free up 10,000 
hours so that we can do more with less and reject the IRS notion that 
the best that they can do is to do less with less.
  Mr. LEWIS. Mr. Speaker, I yield back the balance of my time.
  Mr. RYAN of Wisconsin. Mr. Speaker, I yield the balance of my time to 
the gentleman from North Carolina (Mr. Holding) for the purpose of 
closing on his bill.
  Mr. HOLDING. Mr. Speaker, I want to thank the distinguished gentleman 
from Georgia for the support of this bill.
  I thank the chairman, Mr. Roskam, of the subcommittee, for the 
support of this bill because, by streamlining the registration process 
for newly formed 501(c)(4)s with the IRS and providing them with the 
ability to seek judicial review similar to such review that other tax-
exempt organizations have, we can have a process, Mr. Speaker, that is 
both simpler and fairer for the folks who want to get involved in their 
communities and across the Nation.
  Civic engagement should not require jumping over hurdles or a long, 
drawn-out review process by the IRS. If you play by the rules, the IRS 
should not be a hindrance to your activities.
  So, once again, I urge support of this bill.
  Mr. RYAN of Wisconsin. Mr. Speaker, I yield back the balance of my 
time.
  The SPEAKER pro tempore. The question is on the motion offered by the 
gentleman from Wisconsin (Mr. Ryan) that the House suspend the rules 
and pass the bill, H.R. 1295, as amended.
  The question was taken; and (two-thirds being in the affirmative) the 
rules were suspended and the bill, as amended, was passed.
  A motion to reconsider was laid on the table.

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