H.R. 249: Federal Employee Tax Accountability Act of 2013

Introduced:
Jan 15, 2013 (113th Congress, 2013–2015)
Sponsor:
Rep. Jason Chaffetz [R-UT3]
Status:
Failed Under Suspension

The bill’s title was written by the bill’s sponsor. H.R. stands for House of Representatives bill.

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GovTrack’s Bill Summary

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Library of Congress Summary

The summary below was written by the Congressional Research Service, which is a nonpartisan division of the Library of Congress.


4/12/2013--Reported to House without amendment, Part I.
Federal Employee Tax Accountability Act of 2013 - Makes any person who has a seriously delinquent tax debt ineligible for federal employment or to continue serving as a federal employee.
Defines "seriously delinquent tax debt" as an outstanding tax debt for which a notice of lien has been filed in public records.
Exempts a tax debt:
(1) that is being paid in a timely manner under an approved installment payment agreement or an offer-in-compromise,
(2) for which a collection due process hearing has been requested or pending,
(3) for which a levy has been issued or agreed to by an applicant for employment, or
(4) that is determined to be an economic hardship to the taxpayer.
Requires each federal agency to:
(1) ensure that applicants for employment certify that they do not have a seriously delinquent tax debt,
(2) review public records to determine if a notice of lien has been filed against an employee or applicant, and
(3) restrict access to and use of information obtained under this Act. Authorizes an agency, if a tax lien against a federal employee or applicant is discovered in any public record, to:
(1) request such employee or applicant to execute and submit a form authorizing the Secretary of the Treasury to disclose to an agency head information describing whether the employee or applicant has a seriously delinquent tax debt, and
(2) contact the Secretary to request tax information about a seriously delinquent tax debt of an employee or applicant.
Requires the Office of Personnel Management (OPM) to promulgate regulations to carry out this Act that provide taxpayers with all due process rights and to report to Congress annually on the number of exemptions granted for financial hardship.
Grants federal employees or applicants 180 days to demonstrate that their tax debts are exempt from classification as a seriously delinquent tax debt under this Act. Makes this Act effective nine months after its enactment.

House Republican Conference Summary

The summary below was written by the House Republican Conference, which is the caucus of Republicans in the House of Representatives.


This summary can be found at http://www.gop.gov/bill/113/1/hr249.

Background

Most taxpayers 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.  In 2011, the most recent year for which Internal Revenue Service (IRS) data is available, 107,658 civilian federal employees owed more than $1 billion in taxes.  The average delinquency rate for federal civilian employees was 3.62 percent, up from 3.33 percent in 2010.

The Federal Employee Tax Accountability Act of 2013 addresses this area of non-compliance with our tax laws by prohibiting individuals with seriously delinquent tax debt, who are not making a good faith effort to pay their taxes or dispute them, from federal civilian employment.  By requiring accountability from federal employees and those seeking to serve in the federal government, H.R. 249 will help to foster and restore public confidence in the federal workforce. 

The House passed identical legislation (H.R. 828) in the 112th Congress on July 31, 2012 by a vote of 263-114 (roll no. 538).

Summary

H.R. 249 provides that persons having seriously delinquent tax debts shall be ineligible for Federal employment.  The bill defines seriously delinquent tax debts as, “an outstanding debt under the Internal Revenue Code of 1986 for which a notice of lien has been filed in public records…”  Exceptions are provided in four circumstances if: (1) debts are being paid in a timely manner; (2) a collection due process hearing is requested or pending; (3) a levy has been issued for such debt; or (4) relief is granted.  The bill applies to the Executive and Legislative branches, as well as the Postal Service and Postal Regulatory Commission.

Under the bill, any person with a seriously delinquent tax debt is ineligible to be appointed or continue serving in the federal government.  Each applicant for employment is required to certify that they do not have any seriously delinquent tax debt.  The bill contains an amendment exempting from termination employees who are working to resolve their tax debt, and allows agencies to exempt individuals under a financial hardship waiver when their employment is in the interest of the United States.

The bill also gives authority to the Office of Personnel Management to craft relevant regulations, while ensuring that the due process and privacy rights of employees are respected.

Cost

CBO estimates that H.R. 249 would “cost $1 million in 2014 and less than $500,000 in subsequent years to create certification forms, develop new regulations, and review records of current and prospective employees,” assuming the availability of appropriated funds.  Because of the potential to “affect direct spending by agencies not funded through annual appropriations,” pay-as-you-go procedures apply.

House Democratic Caucus Summary

The House Democratic Caucus does not provide summaries of bills.

So, yes, we display the House Republican Conference’s summaries when available even if we do not have a Democratic summary available. That’s because we feel it is better to give you as much information as possible, even if we cannot provide every viewpoint.

We’ll be looking for a source of summaries from the other side in the meanwhile.

The bill contains the following citations to other parts of U.S. law:

Other Citations

  • 5 U.S.C. Chapter 73