Full Committee Markup of H.R. 1155, H.R. 997, H.R. 998, H.R. 1152, and H.R. 1156

Committee on Ways and Means

2025-02-12

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Source: Congress.gov

Summary

The Ways and Means Committee convened its first markup of the Congress to consider several bipartisan bills aimed at improving the tax system for Americans and combating waste, fraud, and abuse. The discussions highlighted both areas of strong bipartisan agreement and significant political contention regarding executive actions.

Themes

Recovery of Stolen Checks Act (H.R. 1155)

This bill addresses the prevalent issue of stolen tax refund checks and their replacements, which the IRS currently handles by reissuing paper checks rather than offering a direct deposit option for replacements [ 00:21:43 ]

. Representatives Malliotakis, Kustoff, and Sewell introduced this legislation, which would mandate the IRS to establish procedures allowing taxpayers to receive replacement refunds via direct deposit [ 00:21:54 ] . Nicole Malliotakis noted 377 cases in her district alone, totaling over $5 million in stolen refunds, with some constituents experiencing multiple thefts of replacement checks . Terri Sewell shared a story of a constituent whose checks were repeatedly mailed to the same address despite being lost or stolen .

National Taxpayer Advocate Enhancement Act (H.R. 997)

This legislation aims to bolster the independence of the National Taxpayer Advocate (NTA), whose role is to defend taxpayers against the IRS and recommend reforms [ 00:22:32-00:22:35 ]

. The current system prevents the NTA from hiring her own legal counsel, with attorneys instead reporting to the Treasury Department's General Counsel, creating a conflict of interest [ 00:22:47 ] . Introduced by Representatives Feenstra and Davis, the bill clarifies that the NTA can appoint independent legal counsel, a recommendation the NTA has made for years [ 00:22:54 ] .

IRS Math and Taxpayer Help Act (H.R. 998)

This bill seeks to improve the clarity and fairness of IRS communications regarding math errors on tax returns [ 00:22:55-00:23:00 ]

. Currently, IRS notices often fail to adequately explain adjustments or inform taxpayers of their 60-day right to challenge an assessment [ 00:23:08 ] . The legislation, sponsored by Representatives Feenstra and Schneider, mandates that the IRS provide clear explanations for adjustments and inform taxpayers of their right to challenge them within 60 days [ 00:23:22 ] . It also introduces a pilot program to use certified or registered mail for these notices to ensure delivery .

Electronic Filing and Payment Fairness Act (H.R. 1152)

This bipartisan bill aims to modernize tax filing procedures by extending the "mailbox rule" to electronic submissions . Currently, a mailed payment or return is considered timely if postmarked by the due date, but electronic submissions may be deemed late if not processed on the same day [ 03:05:37 ]

. The legislation, introduced by Representatives LaHood, Feenstra, Fitzpatrick, DelBene, Panetta, and Schneider, ensures that electronic payments or documents submitted by midnight on the due date are considered timely [ 00:23:34 ] .

Pandemic Unemployment Fraud Enforcement Act (H.R. 1156)

This act addresses the massive fraud in COVID-era unemployment insurance (UI) benefits by extending the statute of limitations for prosecution [ 00:23:47 ]

. Estimates suggest between $100 billion and $400 billion in UI benefits were stolen, with only $5 billion recovered [ 00:24:06-00:24:25 ] . With over 157,000 UI fraud complaints and 1,600 investigations ongoing, and the existing five-year statute of limitations expiring soon, this bill doubles the period to ten years [ 00:24:28-00:24:36 ] . However, Democratic members, including Mike Thompson and Danny Davis, raised concerns that the bill rescinds $5 million in funding for anti-fraud tools like login.gov and highlighted the illegal firing of Inspector General Larry Turner, who was successfully prosecuting UI fraud cases .

Concerns about Treasury Data Access (Doge/Elon Musk)

A recurring and highly contentious theme was the alleged unauthorized access to sensitive taxpayer data at the Treasury Department by Elon Musk and his "Department of Government Efficiency" (Doge) . Democratic members expressed outrage over the alleged invasion of privacy, including Social Security numbers, healthcare records, and bank information, and criticized the firing of career Treasury officials and Inspectors General under President Trump . Concerns were also raised about the qualifications and potential conflicts of interest of Doge staffers, citing past racist comments and lack of experience . A federal judge temporarily restricted access to the Treasury payment system due to perceived risks . Republican members largely dismissed these concerns as "political theater" or "Musk Derangement Syndrome" and instead emphasized Doge's role in uncovering waste and fraud within federal programs [ 01:03:33 ]

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Tone of the Meeting

The meeting displayed a stark contrast in tone. On one hand, there was a cooperative and largely bipartisan atmosphere concerning the specific tax administration bills, with members from both sides expressing support for simplifying tax processes and improving taxpayer services [ 00:21:14 ]

. On the other hand, discussions surrounding the alleged data access by "Doge" and the broader issues of executive overreach were highly contentious and polarized . Democratic members expressed frustration, concern, and at times, outrage over what they perceived as threats to privacy, accountability, and democratic institutions . Republican members often countered by dismissing these concerns as politically motivated and highlighted the importance of rooting out government waste and fraud [ 01:03:33 ] . Despite the heated exchanges, some members called for unity and a focus on substantive work .

Participants

Transcript

Good morning and welcome to our first markup of the Ways and Means Committee of this Congress.  Today we will be considering several bipartisan bills designed to improve the tax system for all Americans.   As the economy evolves and technology advances, it is important that we look for ways, big and small, to improve the system for taxpayers.  At the same time, we have to look for opportunities to reduce waste, fraud, and abuse.  That is what today's markup is all about.  Our first bill from Representative Malliotakis, Kustoff, and Sewell addresses the serious problems of stolen tax refund checks.  This rampant theft   is made even crazier by the fact that often the replacement checks sent to those who had their original refunds taken are also then stolen.  The IRS has no process for taxpayers to request a replacement through direct deposit, which would help mitigate this crime wave.   That is entirely, entirely unacceptable.  This bill forces the IRS to do its job to better serve taxpayers and create an easy way for taxpayers to request replacement checks via direct deposit.  Our next three bills are common sense ideas that make it easier for Americans to file taxes and hold the IRS accountable.  Each of these bills represent effective ways   Congress can cut the burden of filing taxes for families and small businesses.  The first bill helps guarantee the independence of employees of the National Taxpayer Advocate.  The National Taxpayer Advocate is tasked with defending taxpayers against the IRS and recommending reforms   to make the IRS more taxpayer-friendly.  This bill is simple.  Right now, the national taxpayer advocate is not permitted to hire her own attorneys that report directly to her.
Thanks to this bill introduced by Representatives Feenstra and Davis, the taxpayer advocate will be responsible for taxpayer advocate personnel, which will enhance the advocate's independence from the IRS and yield better return for the American taxpayer.   The second bill provides taxpayers with accurate information when the IRS uses math error authority to make an adjustment on their tax return.  Frequently, folks are not made aware of or given an explanation when the IRS determines a return has a math or clerical error.  The result can leave taxpayers paying more   in taxes because they have no way of challenging the IRS's assessment of their tax liability.  This bill from Representatives Feenstra and Schneider levels the playing field for taxpayers and requires the IRS to notify individuals of any adjustments to their tax return and gives them 60 days to challenge that adjustment.  The third bill from Representatives LaHood, Feenstra, Fitzpatrick, DelBene,   Panetta and Schneider updates tax filing rules to make filing more taxpayer-friendly.  Tax returns and payments filed digitally will now receive the same treatment as those sent through the mail instead of being treated worse than paper filings.  Our last bill extends the statute of limitations for prosecuting the theft of COVID-era unemployment insurance benefits.  Last Congress, Congressman Thompson introduced an amendment during our markup   of the Protecting Taxpayers and Victims of Unemployment Fraud Act to extend the statute of limitations, and after discussion, withdrew the amendment, creating this opportunity for bipartisanship.  According to the Government Accountability Office, between 100 to 135 billion of UI benefits were stolen during the pandemic.