Rob Portman

Portman Urges Secretary of State John Kerry to Find a Solution for Ohio Families Impacted by Russian Adoption Ban

Fri, 17 May 2013 12:00:01 EST

Ohio is home to highest number of families blocked from providing homes to Russian orphans in final stages of the adoption process...

Portman Asks Ohioans to Join Him in Holding IRS Accountable for its Unprecedented and Damaging Actions

Fri, 17 May 2013 12:00:01 EST

Input Will Ensure "Thorough and Exhaustive" Inquiry...

Portman: Scandals Have "Weakened Our Trust and Confidence in Our Government"

Thu, 16 May 2013 12:00:01 EST

"One might be an aberration, two a curiosity, three a coincidence, but four such events indicate a pattern and at the very least, incompetence at the highest levels of our government."...

Portman, Senate Finance Committee Republicans Demand TIGTA Investigate Leak Of Non-Profits' Confidential Tax Information

Thu, 16 May 2013 12:00:01 EST

In Letter to TIGTA, Senators Write, “"..we are also troubled by the possibility that the IRS improperly disclosed confidential information about certain conservative groups during 2012, including application materials and donor names."...

Portman Asks Administration If It Pressured IRS To Engage In Abusive Political Targeting

Thu, 16 May 2013 12:00:01 EST

"Your Administration has also pursued policies that threaten to chill disfavored political speech."...

Portman Spearheads Ohio Delegation Letter Urging White House to Find Urgent Solution for Ohio Families Impacted by Russian Adoption Ban

Wed, 15 May 2013 12:00:01 EST

Ohio is home to highest number of families blocked from providing homes to Russian orphans in final stages of the adoption process...

Portman Joins Colleagues in Demand for Answers on HHS Decision to Solicit Donations

Wed, 15 May 2013 12:00:01 EST

Washington, D.C. – Following press reports indicating Health and Human Services Secretary Kathleen Sebelius solicited funds from health care executives to assist with the implementation of the President’s health law, U.S. Senator Rob Portman (R-Ohio) joined fellow Senate Finance Committee Republicans to demand answers from Secretary Sebelius.

In the letter the Senators asked for a top bottom review of the Department’s decision to move forward with the initiative, which has raised a variety of legal questions under federal regulations, which prohibits the augmentation of congressional appropriations.

“As the Republican Members of the Senate Committee on Finance, one of the key committees of jurisdiction over health care issues, we were troubled by the news reports concerning your interactions with health care industry executives asking for donations of money to assist with funding for enrollment efforts related to the health care insurance exchanges,” wrote the Senators. “Our initial reaction is that this appears at best to be an inherent conflict of interest and at worst a potentially illegal augmentation of appropriation.”

Joining Portman on the letter were Ranking Member Orrin Hatch (R-Utah), Senators Chuck Grassley (R-Iowa), Mike Crapo (R-Idaho), Pat Roberts (R-Kan.), Mike Enzi (R-Wyo.), John Cornyn (R-Texas), John Thune (R-S.D.), Richard Burr (R-N.C.), Johnny Isakson (R-Ga.), and Pat Toomey (R-Pa.) The Senate Finance Committee has jurisdiction over the U.S. Department of Health and Human Services.

A signed copy of the letter can be found here and the text of the letter is below:

May 14, 2013

The Honorable Kathleen Sebelius
Secretary
U.S. Department of Health and Human Services
200 Independence Avenue, SW
Washington, D.C. 20201

Dear Secretary Sebelius:

As the Republican Members of the Senate Committee on Finance, one of the key committees of jurisdiction over health care issues, we were troubled by the news reports concerning your interactions with health care industry executives asking for donations of money to assist with funding for enrollment efforts related to the health care insurance exchanges. Our initial reaction is that this appears at best to be an inherent conflict of interest and at worst a potentially illegal augmentation of appropriation.

These calls raise several important issues. First, soliciting funds from the very companies or organizations that the Department of Health and Human Services (HHS) regulates could be a serious conflict of interest. Companies and organizations should never be pressured for money because it sends the message that contributions are necessary to secure favorable regulatory decisions—creating a “pay to play” environment—or to avoid regulatory reprisals. This is even more pronounced in this instance because the individuals that you were allegedly contacting to solicit donations head up the same entities who may have bid to participate in the marketplace exchanges.

Secondly, the appropriations process was designed by the Constitution to assure that only Congress, an elected body, sets the amount of funds that can be spent to implement a given law. Congress appropriated a certain amount of funds for use by HHS to implement the Patient Protection and Affordable Care Act (PPACA). Circumventing the appropriations process to raise additional funds could be a serious violation of appropriations law.

Finally, the manner in which Congress learned about these actions, through the press, is also troubling. One of the continued issues that has been raised to HHS from this Committee over the past three years has been the lack of transparency from HHS to Congress about what actions are being taken, and when, with respect to implementation of PPACA. This is yet another example of the Administration initiating actions without consulting with or informing Congress ahead of time.

To help us better understand this issue, please provide us with answers to the following questions:

1. What legal authority permits HHS employees to solicit donations from non-government entities for PPACA implementation?
2. Who within HHS was involved in making the decision to contact private entities for donations?
3. Was the Office of General Counsel for HHS consulted and, if so, what guidance did they provide governing these interactions?
4. Besides Secretary Sebelius, have any other HHS employees solicited donations in their official capacity as a federal employee?
5. How much money has been raised by HHS for the implementation of PPACA through donations?
a) Is the money coming directly to HHS or is it going elsewhere?
b) If to HHS, in which account(s) were the funds deposited?
c) What agency, individual, or entity has fiduciary authority over the funds?
d) Of the donated funds, how much has been spent by HHS or other entities to date?
e) Who has donated funds?
f) If funds are donated, do the donators have the right to say which programs the funding goes toward?
6. How much money has been raised by HHS employees for other entities supporting enrollment under PPACA?
7. Have HHS employees solicited donations on behalf of any nonprofit organization? If so, which one(s) and how much?
8. How many federally funded work hours were used by Secretary Sebelius and other HHS employees to solicit donations?
9. What assurances do organizations and companies that elected not to donate funds have that HHS would not retaliate against them in future regulatory or contracting actions?
10. Conversely, what measures has HHS taken to be sure that it has not favored organizations that have donated funds? What audit or oversight mechanisms are in place to ensure that the list of those who have provided funds is not seen by the contracting or program employees making decisions about contract awards and/or other determinations regarding participation in the exchanges?

We appreciate your timely response to this request and your full cooperation in providing this information by no later than June 7, 2013.

Sincerely,

HATCH
GRASSLEY
CRAPO
ROBERTS
ENZI
CORNYN
THUNE
BURR
ISAKSON
PORTMAN
TOOMEY

Portman and McCaskill Op-Ed Highlights Need for Reform of Earmark-Like MTB Process

Wed, 15 May 2013 12:00:01 EST

Washington, D.C. – In case you missed it, U.S. Senators Rob Portman (R-Ohio) and Claire McCaskill (D-Mo.) today highlighted the importance of enacting tariff reform in POLITICO. The Senators recently reintroduced their bipartisan Duty Suspension Process Act, continuing their efforts to simplify trade processes for America’s manufacturers and guard against the return of Congressional earmarks.

Excerpts of the op-ed included below. Actual op-ed can be found here.

In Support of Tariff Reform
POLITICO
Sens. Rob Portman (R-Ohio) and Claire McCaskill (D-Mo.)
May 15, 2013

When talking with small-business owners and manufacturers in our home states, they often voice the same concern: The system in Washington is stacked against them. Whether it’s an overly complicated Tax Code or regulations that are interpreted too broadly, small-business owners often wonder whether government is really on their side.
…

Many manufacturers in Ohio and Missouri depend on a small number of special products needed in the manufacturing process. When those key inputs can only be found abroad and are subject to a tariff, businesses can apply for a temporary suspension or reduction for that tariff — a cost savings that, in many cases, businesses need to remain competitive.

Currently, these U.S. manufacturers must find a member of Congress to sponsor a request for a tariff reduction. Even if they can find a member to make their request, congressional staffs aren’t manufacturing experts, and they don’t have the expertise to weigh in on what may be thousands of proposed tariff reductions annually. That is why, under law, the International Trade Commission investigates each request for a tariff suspension and rejects those that lack merit and may hurt U.S. manufacturers. This ITC vetting process generates the data for Congress to pass what is called the Miscellaneous Tariff Bill.

We think it’s time Congress stopped serving as a middle man and streamlined this system. The current process requires businesses to arrange meetings with members of Congress and their staffs and this, in turn, often requires the help of lobbyists — a luxury that many small businesses can’t afford.

While we know offices act in good faith, the political incentives in the current process to favor certain businesses undermine the public trust.

The current system also represents a practice the Senate has worked hard to ban: congressional earmarks. Nearly every tariff exemption sponsored by a member of Congress is targeted relief for a particular company in the member’s home state. Those members are often sponsoring dozens, or even hundreds, of exemptions for their home states’ businesses. This practice encourages a go along to get along mentality in which legislators are happy to ignore the merits of other applications as long as the ones they sponsored are approved.

That’s why we’ve introduced a bill that sets up a new, streamlined process that is better for businesses and the economy. Our bipartisan legislation will allow businesses in need of tariff relief to submit their requests directly to the ITC to be handled expeditiously based on merit. Experts in trade policy will then be able to carefully examine each request and present final recommendations to Congress, based on the facts — without regard to a business’s ability to successfully lobby a member of Congress.

Our bill also asks the ITC to provide Congress with a detailed assessment of the impact of these tariff reductions on the U.S. economy. The ITC will also be asked to submit a report recommending what sectors of the U.S economy may benefit from duty suspensions or reductions without causing harm to other domestic interests.

Passing this legislation won’t be easy. Unfortunately, the status quo has entrenched interests that benefit from the current system.

This reform will ensure for any business, big or small, a level playing field when it comes to tariff relief. Instead of spending time and energy currying favor with members of Congress, they’ll be able to invest in their own workforce and grow their businesses — a goal we both believe is in the best interest of our economy, our workforce and our country. And when Congress acts on legislation based on merit, taxpayers win.

Portman, Cardin Team Up To Clarify Pension Rules for Clergy and Other Workers at Religious Institutions

Wed, 15 May 2013 12:00:01 EST

Every American Should Enjoy the Peace of Mind of Financial Security During Retirement...

Portman Op-Ed Highlights Need For Workforce Development Reform

Wed, 15 May 2013 12:00:01 EST

Washington, D.C. – In case you missed it, U.S. Senator Rob Portman (R-Ohio) highlighted the importance of the CAREER Act in today’s Warren Tribune Chronicle. This bipartisan legislation that Portman introduced with U.S. Senator Michael Bennet (D-CO) last month takes several commonsense steps to address inefficiency in the current workforce development system, furnish participants with the skills needed by employers, and incentivize better performance among training providers. These measures will help narrow the skills gap in Ohio by connecting the unemployed with good jobs and more effectively leveraging taxpayer dollars.

The op-ed is included below and can also be found here.

Linking Job Seekers with Opportunity
Warren Tribune Chronicle
Sen. Rob Portman
May 15, 2013

Our jobs fair recently in the Mahoning Valley illustrated the great opportunities we have in our state and some of the challenges we face.

I worked with the Ohio Oil and Gas Association and the Youngstown Warren Regional Chamber of Commerce to host the jobs fair focused on the growing energy sector in the Mahoning Valley. We wanted to bring together companies who need workers with people seeking jobs.

More than two dozen employers joined us. With the shale energy boom that is revitalizing the Valley, these companies are eager to find good workers with the skills to help expand their operations.

We would have considered the event a success if a couple hundred job seekers attended. But by the time it was over, more than a thousand people had come through the doors.

I spoke to plenty of people at the jobs fair who had arranged for further job interviews, and already I've begun to hear other success stories from the fair. One man who attended went from a job seeker to a full-time employee in four days. The company that hired him says it thinks it'll hire another three people as a direct result of the jobs fair.

That's great news, and I was glad to be a part of it. But the jobs fair also helped to underscore one of the main reasons we still have so many people unemployed in Ohio and around the country.

We have a skills gap. That employer who plans to hire a few workers and others like it would hire more Ohioans if those workers had the skills they needed.

In addition to employers, we invited more than a dozen training and educational institutions to the jobs fair. And they were busy, too, because many of the people who are looking for jobs don't have the training they need to compete for available opportunities. Largely because of that skills gap here in Ohio, we have 100,000 open jobs at the same time that 400,000 Ohioans are unemployed.

Until we do something about that skills gap, too many of our friends and neighbors are going to be left behind.

Somebody might say that we need federal programs to help provide these skills. We already have them. In fact, we have 47 federal worker retraining programs spread over nine departments, spending over $15 billion of our tax dollars every year. It is a complicated, often redundant and inefficient arrangement, one that means the unemployed aren't getting the training they need while taxpayer dollars are being wasted.

The American people and our nation's employers and job seekers - deserve better. Together with U.S. Sen. Michael Bennet, a Democrat from Colorado, I've introduced the CAREER Act, legislation to improve our nation's retraining programs.

Our bill combines and simplifies our nation's retraining programs to better use their resources to get workers the help they need. It builds in incentives that reward those job-training providers whose programs produce measurable results in job placement and retention. It also matches skills with the jobs available in the market.

These commonsense, bipartisan reforms will ensure federal funds are better spent, and they will help to bring down our stubbornly high unemployment rate. They will give employers the highly skilled workforce they need to grow and expand. Most importantly, they will empower the men and women from all over Ohio who want to build a better life for themselves and their families to take advantage of the good jobs that are waiting to be filled.

The recent jobs fair in Youngstown was successful in helping some folks find good employment, but we won't rest until every Ohioan who wants to work has the best job available. The CAREER Act addresses a key part of the solution: closing the skills gap and getting Ohioans working again.

Portman and Brown Applaud Senate's Passage Of Amendment That Expedites Federal Funds For Projects Like Blanchard River Flood Risk Management Project

Wed, 15 May 2013 12:00:01 EST

Portman and Brown Continue to Fight so that Blanchard River Flood Mitigation Project Receives Necessary Federal Funding...

Business Roundtable Announces Support of Portman's Bipartisan Energy Efficiency Bill

Wed, 15 May 2013 12:00:00 EST

Washington, D.C. – In case you missed it, be sure to read The Hill’s article highlighting Business Roundtable’s (BRT) support of The Energy Savings and Industrial Competitiveness Act which was recently introduced by U.S. Senators Rob Portman (R-Ohio) and Jeanne Shaheen (D-New Hampshire).

The energy efficiency and job creation strategy is good for the economy and good for the environment. By making it easier for employers to use energy efficient tools, this legislation will help them to reduce their costs, enabling them to put those savings toward expanding their companies and hiring new workers.

BRT joins more than 250 businesses, associations, and advocacy groups in supporting the legislation, including the National Association of Manufacturers, U.S. Chamber of Commerce, Christian Coalition, Alliance to Save Energy, and the Sierra Club.

The article is included below and can be found here. Business Roundtable’s letter can be found here.

Major Business Group Backs Shaheen-Portman Energy Efficiency Plan
The Hill
Ben Geman
May 15, 2013

An influential business group is backing the energy efficiency bill sponsored by Sens. Jeanne Shaheen (D-N.H.) and Rob Portman (R-Ohio), which could improve its chances of overcoming the gridlock on energy legislation in recent years.

The new Business Roundtable letter backing the plan arrives as Senate Energy and Natural Resources Committee Chairman Ron Wyden (D-Ore.) is urging Senate floor action in May.

“By addressing residential and commercial buildings, federal facilities, and industrial processes; promoting public-private partnerships; and providing seed money for state and local government efforts, your bill will help build on the progress we have made in the past several decades toward using energy more wisely,” the group said in a May 14 letter to the bill’s sponsors.

“We strongly support your bill and look forward to working with you as it proceeds through the legislative process,” adds the letter from the Business Roundtable, which represents CEOs of many of the nation’s largest companies.

A spokesman for Senate Majority Leader Harry Reid (D-Nev.) said Wednesday that it’s not yet clear when the bill will reach the floor. The bill cleared Wyden’s committee in a 19-3 vote last week.

Akron Beacon Journal Editorial Highlights Portman's Bipartisan Energy Efficiency Bill as "Smart Efficiency"

Mon, 13 May 2013 12:00:01 EST

Washington, D.C. – In case you missed it, be sure to read the Akron Beacon Journal’s Editorial this morning highlighting The Energy Savings and Industrial Competitiveness Act which was recently introduced by U.S. Senators Rob Portman (R-Ohio) and Jeanne Shaheen (D-New Hampshire).

Learn more about this bill here.

Excerpts of the editorial included below. Actual editorial can be found here.

Smart efficiency
Akron Beacon Journal
Editorial
May 13, 2013

…One encouraging example of [lawmakers moving forward in small yet significant steps] has gained momentum in the Senate. Jeanne Shaheen, a New Hampshire Democrat, and Rob Portman, an Ohio Republican, have been working for a while on legislation to achieve improved energy efficiency. On Wednesday, their proposal won overwhelming bipartisan approval in the Senate Energy Committee.

Shaheen and Portman have built a strong, wide-ranging coalition of supporters, from the U.S. Chamber of Commerce to the Natural Resources Defense Council. Hard to resist the logic of energy efficiency, a quick, clean and low-cost approach to saving power and reducing emissions. Hard also to miss the broad potential of its impact.

…
It does represent an important advance, politically and in terms of energy and environmental policy. It would accelerate the use of energy-efficient technologies in homes, businesses and the federal government. Thus, it takes aim at areas ripe for progress, industrial and residential buildings driving 72 percent of electricity use, according to the Energy Information Administration.

Among other things, the bill calls for strengthening building codes for new homes and buildings. It would encourage private investment in efficiency improvements through the creation of a Commercial Building Energy Efficiency Financing Initiative. It opens the way to the Department of Energy working with business partners to route resources into research, development and commercialization of new technologies. It would establish a department program to help companies gain energy efficiencies in their supply chains.

The federal government rates as the largest user of energy in the country. Thus, the bill directs the federal officials to mobilize on multiple fronts, pursuing energy savings through updating buildings to promoting the use of vehicles fueled by natural gas and electricity.

Shaheen and Portman have navigated carefully through partisan straits, casting aside, for instance, expansion of an Energy Department loan program, too many echoes of Solyndra. The country must do more in energy research and innovation, not to mention in reducing greenhouse gases. Yet here is progress, something good for residents and businesses, promising substantial savings in the long run. The hope is, the committee vote signals passage soon in the Senate, and then in the House, both parties and both chambers recognizing the smart policymaking in energy efficiency.

Portman Joins Resolution to Review Illegal Abortion Practices

Mon, 13 May 2013 12:00:01 EST

Washington, D.C. – As more details of the illegal abortion practices of Dr. Kermit Gosnell and others come to light, Senator Rob Portman (R-Ohio) has cosponsored a resolution introduced by Senator Mike Lee (R-UT) calling on the Senate to review public policies that led to these tragic events.

Dr. Kermit Gosnell is currently standing trial for the murder of one patient and seven newborn babies who were killed after the abortions failed and the babies were born alive.

“For far too long, an inexcusable lack of attention was given to the disturbing events that occurred in Dr. Gosnell’s house of horrors,” Portman said. “As we learn more about the violations of the infants’ inalienable right to life, it is abundantly clear that a lack of oversight and accountability at this abortion facility contributed to heartbreaking loss of life and put women’s lives in jeopardy. In order to avoid future tragedies, I am calling on the Senate not only to investigate the causes of these mortifying events, but also to review our current public policies which failed to prevent this disaster.”

The resolution, which has 26 additional cosponsors, resolves “Congress and States should gather information about and correct abusive, unsanitary, and illegal abortion practices and the interstate referral of women and girls to facilities engaged in dangerous or illegal second- and third-trimester procedures.”

The resolution also recognizes that “there is substantial medical evidence that an unborn child is capable of experiencing pain at 20 weeks after fertilization, or earlier,” and resolves that “there is a compelling governmental interest in protecting the lives of unborn children beginning at least from the stage at which substantial medical evidence indicates that they are capable of feeling pain.”

Earlier this year, Portman introduced the Child Custody Protection Act (S.32), legislation which would make it a federal offense to transport a minor across a state line for an abortion if it would circumvent a state law requiring parental involvement in that minor’s abortion. Ohio and the majority of other states require parents’ involvement if their minor children have an abortion. Yet, 13 states and the District of Columbia do not have such laws on the books. Minors who live in the states bordering on these outliers are often transported across state lines for abortions as a way to get around their home-state parental involvement requirements.

IN CASE YOU MISSED IT: Here's What They're Saying About Shaheen-Portman

Fri, 10 May 2013 12:00:01 EST

Just a few short weeks after it was introduced, the bipartisan energy efficiency plan introduced by Senator Jeanne Shaheen (D-NH) and Rob Portman (R-OH) passed this week through the Senate Energy Committee with strong, bipartisan support and will head to the Senate floor for consideration.

In case you missed it, here is what select industry leaders, energy efficiency advocates, and environmental stakeholders have to say in support of the movement of Shaheen-Portman:

“Energy efficiency is on the move. With overwhelming across-the-aisle support, today’s committee approval sending Senators Shaheen and Portman’s energy efficiency bill to the floor proves once again that efficiency is a staple of bipartisanship even in times of gridlock.”

“We are very hopeful this swift progress can be carried onto the Senate floor and into Americans’ communities where it can create thousands of new jobs and save consumers billions a year. We call on all members of Congress to push efficiency policies like Shaheen-Portman and its House counterpart McKinley-Welch that can drive America’s economy forward and increase our global competitiveness.”

--Kateri Callahan, President, Alliance to Save Energy

“On behalf of more than 400 leaders in electrical manufacturing, we congratulate Senators Portman and Sheehan on this important milestone. The legislation contains programs that will jump start adoption of currently available energy efficiency technologies across the federal government and the industrial, business and residential sectors,”

--Evan Gaddis, President and CEO of the National Electrical Manufacturers Association (NEMA)

“This important legislation will boost energy efficiency in buildings, industry and the federal government, which will benefit us all by curbing air pollution, reducing electric bills and creating clean energy jobs throughout the economy. The committee’s endorsement today shows the power of consensus that kept a far-reaching bill free of unnecessary add-ons. There is no reason to delay gaining its energy efficiency benefits as soon as possible. The way to get this done is for Congress to embrace this spirit of cooperation and keep this clean energy bill clean.”

--Natural Resources Defense Council

Energy efficiency is vital to manufacturers’ ability to compete, and this bill should be a no-brainer given its potential for job creation and energy savings. And it is a great way to start bridging some of the divides that have too long prevented the Senate from having a constructive legislative debate on energy policy.

--National Association of Manufacturers

“We applaud the Senate Energy and Natural Resources Committee, as well as Senators Shaheen and Portman, for their bipartisan leadership in advancing this important energy efficiency legislation, and their support for putting energy efficiency on a level footing with other clean energy technologies. As part of a comprehensive domestic energy strategy, boosting energy efficiency is one of the cheapest and quickest ways to help U.S. manufacturers be more competitive in global markets. We urge the Senate to quickly pass the bill and move the legislation to the House for a vote.”

--American Chemistry Council

“We are encouraged that energy efficiency, including a focus on buildings that consume about 40 percent of U.S. energy resources, is gaining further momentum as a key pillar of our national energy policy,” said Frank O’Brien-Bernini, Owens Corning VP and chief sustainability officer. “As a global company, with our roots and a continued strong presence in Ohio, we appreciate Sen. Portman's leadership and vision as this bill moves through the legislative process.”

--Frank O’Brien-Bernini, Vice President and chief sustainability officer of Owens Corning

Senators Shaheen and Portman have drafted a bill that not only asks consumers to become more energy-efficient but also asks the same of our government. The federal government is the largest energy consumer in the nation, so having an energy efficient government is good policy that saves taxpayer dollars.

--Gene Karpinski, President, League of Conservation Voters

"We appreciate the leadership of Senator Portman and Senator Shaheen in introducing the Energy Savings and Industrial Competitiveness Act of 2013, which will save businesses and consumers money, make America more energy independent, and reduce emissions. We also applaud Senators Wyden and Murkowski for their consistent efforts to move this legislation through the Senate Energy and Natural Resources Committee and to the full Senate."

-- Melissa Lavinson, Vice President of Federal Affairs at Pacific Gas and Electric Company

"The Christian Coalition of America is proud to support Senator Rob Portman and his bill, The Energy Savings and Industrial Competitiveness Act of 2013. We feel that energy efficiency is a family values issue because families across America are struggling to pay their energy bills every day. Senator Portman's bill will help keep money in their pockets which they can spend on other family needs within their local communities and help grow their local economy."

--Roberta Combs, President and CEO of Christian Coalition and Christian Coalition of America

Portman: IRS Owes Conservative Groups Far More Than A Mere Apology For Their Unfair Treatment

Fri, 10 May 2013 12:00:01 EST

Washington, D.C. – U.S. Senator Rob Portman (R-Ohio) released the following statement following the Internal Revenue Service’s (IRS) apology for subjecting Tea Party groups across Ohio to burdensome, additional investigations during the 2012 election to see if they were violating their tax-exempt status with no provocation or cause:

“Although I am happy that it has finally admitted to placing politics over policy, the IRS owes conservative groups far more than a mere apology for their unfair treatment. It is crystal clear that additional safeguards are in order to prevent this obtrusive behavior in the future. This overt and excessive harassment of groups targeted for their political beliefs is despicable, and many questions remain. How were ‘low-level workers in Cincinnati’ able to initiate practices that completely undermine the IRS’s promise to treat all groups with an even hand? Even more, what were they hoping to do with the copious personal information they obtained from these groups? Having led IRS reform in the ‘90s with then-Senator Bob Kerrey, I am sorely disappointing to see this agency head down this path yet again. I expect quick answers from the IRS as to how this happened in the first place and what steps are being taken to ensure that it never happens again.”

Last year, Portman, along with Senate Finance Committee Ranking Member Senator Orrin Hatch (R-UT), led a letter to the IRS urging them to prevent politics from playing a role in any action taken on non-profit 501(c)(4) organizations. The lawmakers questioned the recent selective enforcement on tax-exempt organizations and requested a detailed analysis of the agency’s process for the approval and renewal of a tax-exempt designation under section 501(c)(4).

“It is critical that the public have confidence that federal tax compliance efforts are pursued in a fair, even-handed, and transparent manner – without regard to politics of any kind,” wrote the Senators.

They continued, “It is imperative that organizations applying for tax-exempt status are able to rely on a consistent and foreseeable review structure from the IRS. Any significant changes to the IRS review process should be implemented only after appropriate notice and opportunity for comment from the public and affected parties.”

The full text of the letter is below. Read a signed copy here.

Hon. Douglas H. Shulman

Commissioner

Internal Revenue Service

1111 Constitution Avenue, NW

Washington, DC 20230

Dear Commissioner Shulman:

We have received reports and reviewed information from nonprofit civic organizations in Kentucky, Ohio, Tennessee, and Texas concerning recent IRS inquiries perceived to be excessive. It is critical that the public have confidence that federal tax compliance efforts are pursued in a fair, even-handed, and transparent manner—without regard to politics of any kind. To that end, we write today to seek your assurance that this recent string of inquiries has a sound basis in law and is consistent with the IRS’s treatment of tax-exempt organizations across the spectrum.

As you know, the designation as a tax-exempt organization under section 501(c)(4)(A) is reserved for “[c]ivic leagues or organizations not organized for profit but operated exclusively for the promotion of social welfare, … the net earnings of which are devoted exclusively to charitable, educational, or recreational purposes.” An organization “may carry on lawful political activities and remain exempt under section 501(c)(4) as long as it is primarily engaged in activities that promote social welfare.”[1] The 501(c)(4) designation has been conferred on many organizations in America that espouse political or public policy viewpoints—including Priorities USA, the sister organization of “[t]he super PAC supporting President Obama,”[2] and American Crossroads, the sister organization of a super PAC supporting Republicans.

Civic and social welfare organizations have long performed valuable roles and offered numerous benefits to our society, and tax exemptions for such organizations can be traced all the way back to the Tariff Act of 1913. It is imperative that organizations applying for tax-exempt status are able to rely on a consistent and foreseeable review structure from the IRS. Any significant changes to the IRS review process should be implemented only after appropriate notice and opportunity for comment from the public and affected parties.

A number of our constituents have raised concerns that the recent IRS inquiries sent to civic organizations exceed the scope of the typical disclosures required under IRS Form 1024 and accompanying Schedule B—the forms that all 501(c)(4) organizations must submit. Understandably, this has prompted some concerns about selective enforcement and the duty to treat similarly situated taxpayers similarly. To address these concerns, we respectfully request that you provide answers to the following questions:

1. What is the IRS’s process for approval and renewal of a tax-exempt designation under section 501(c)(4)?
2. Are all 501(c)(4) applicants required to provide responses and information beyond the questions specified in Form 1024 and Schedule B? If not, when and on what basis does the IRS require an applicant to make disclosures not described in Form 1024 and Schedule B?
3. Which IRS officials develop and approve the list of questions and requests for information (beyond the questions specified in Form 1024 and Schedule B) which are sent to 501(c)(4) organizations? What are the objective standards by which the responses to such requests for information are evaluated?
4. How do additional requests for information sent by the IRS to 501(c)(4) applicant organizations (beyond the information required by IRS Form 1024 and Schedule B) relate to a specific standard of review previously established by the IRS? Has the IRS published such standards? Does the decision to approve or deny applications for tax-exempt status adhere to these standards, particularly if these standards have not been published and are not readily known?
5. Is every 501(c)(4) applicant required to provide the IRS with copies of all social media posts, speeches and panel presentations, names and qualifications of speakers and participants, and any written materials distributed for all public events conducted or planned to be conducted by the organization? If not, which 501(c)(4) applicants must meet this disclosure requirement and on the basis of what objective criteria are they selected?
6. Form 1040 does not require specific donor information, as the instructions for the form indicate that the statement of revenue need not include “amounts received from the general public…for the exercise or performance of the organization’s exempt function.” In addition, the annual schedule of contributors required by the IRS for 501(c)(4) organizations is limited to donors giving the organization $5,000 or more for the year, and the names and addresses of contributors are not required to be made available for public inspection (according to IRS Form 990, schedule B). However, some of the IRS letters recently sent to 501(c)(4) applicant organizations specifically ask for the names of all donors and the amounts of each of the donations, and furthermore state that this information will in fact be made available for public inspection. These specific requests for donor information appear to contradict the published IRS policy. Given this discrepancy, please provide any correspondence (including emails, written notes, and electronic documents) generated with respect to the decision to send letters in 2012 requesting all donor information from 501(c)(4) applicant organizations, including correspondence between IRS employees, or between or among the IRS, the Department of Treasury, and the White House.
7. Many applicant organizations have stated that the IRS gave them less than 3 weeks to produce a significant volume of paperwork, including copies of virtually all internal and public communications. What is the typical deadline for responses to an IRS inquiry for additional information under section 501(c)(4)?
8. Form 1024 and related disclosures by 501(c)(4) organizations are generally “open for public inspection.”[3] In the interest of addressing any concerns about uneven IRS enforcement of section 501(c)(4) eligibility requirements, can you please provide us with copies of all IRS inquiries sent to and responses received from Priorities USA? Those documents would provide a useful basis for comparison to other inquiries the IRS has addressed to section 501(c)(4) applicants.

Given the potentially serious implications of selective or discriminatory enforcement, we request that you hold further IRS-initiated demands for information from 501(c)(4) applicants beyond the extensive information already required of all applicants (in Form 1024 and Schedule B), until the agency provides a response demonstrating these recent IRS requests are consistent with precedent and supported by law.

Thank you for your prompt attention to this matter.

Sincerely,

[1] Federal Election Commission v. Beaumont, 539 U.S. 146, 150 n. 1 (2003) (quoting Rev. Rul. 81-95, 1981-1 Cum. Bull. 332, 1981 WL 166125).

[2] Jeremy Peters, “‘Super PACs,’ Not Campaigns, Do Bulk of Ad Spending,” N.Y. Times (Mar. 2, 2012).

[3] See Form 1024, Application for Recognition of Exemption OMB No. 1545-0057 Under Section 501(a).

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Portman Joins Bipartisan Bill To Stimulate Ohio's Small Brewers

Fri, 10 May 2013 12:00:01 EST

American Craft Beer Week is May 13-19...

Christian Coalition of America: Proud to Support Portman-Shaheen Energy Savings and Industrial Competitiveness Act

Fri, 10 May 2013 12:00:01 EST

Washington, D.C. – The Christian Coalition of America today voiced support for U.S. Senators Rob Portman (R-OH) and Jeanne Shaheen’s (D-NH) energy efficiency and job creation bill, which passed the Senate Committee on Energy and Natural Resources, of which Portman is a member, with strong bipartisan support. The Energy Savings and Industrial Competitiveness Act passed by a vote of 19-3, with support from both parties, including Chairman Ron Wyden (D-OR) and Ranking Member Lisa Murkowski (R-AK). The bipartisan legislation that could save economy billions is expected to head to the Senate floor this summer.

"The Christian Coalition of America is proud to support Senator Rob Portman and his bill, The Energy Savings and Industrial Competitiveness Act of 2013,” said Roberta Combs, President and CEO of Christian Coalition and Christian Coalition of America. “We feel that energy efficiency is a family values issue because families across America are struggling to pay their energy bills every day. Senator Portman's bill will help keep money in their pockets which they can spend on other family needs within their local communities and help grow their local economy."

Shaheen-Portman enjoys strong bipartisan support and has been endorsed by nearly 250 diverse groups, including businesses, trade associations, environmental groups, and labor.

The Shaheen-Portman legislation offers a deficit-neutral framework designed to promote the transition to a more energy efficient economy while driving economic growth and encouraging private sector job creation.

The bipartisan bill, which builds upon the earlier Congressional support for energy efficiency legislation, uses a variety of low-cost tools to reduce barriers for private sector energy users and will drive adoption of off-the-shelf efficiency technologies among the largest energy consumers. A study by experts at the American Council for an Energy Efficient Economy found that last year’s version would have saved consumers $4 billion by 2020 and helped businesses add 80,000 jobs to the economy.

Shaheen-Portman Energy Efficiency Bill Passes Senate Energy Committee With Strong Bipartisan Support

Wed, 08 May 2013 12:00:01 EST

Bipartisan legislation that could save economy billions now heads to Senate floor...

Obama Budget Not Up to the Task: It Never Balances - Ever

Sat, 04 May 2013 12:00:01 EST

Up to the Task: It Never Balances - Ever
Cincinnati Enquirer
Sen. Rob Portman
May 4, 2013

Our least favorite federal holiday – tax day – has just come and gone. It’s never fun to pay taxes, but it is particularly frustrating when our tax dollars are going to inefficient or unworkable programs and to pay interest on a record debt that just keeps growing.

Unfortunately, the budget recently proposed by the president does nothing to address that frustration.

The source of our soaring deficit is no secret. Unlike families across Ohio who plan ahead to spend their dollars wisely, Washington always spends more than it takes in.

This year, the average household will pay $22,370 in direct and indirect federal taxes, while the federal government will spend $29,349 per household. The difference between those two numbers – $6,979 – is this year’s per household addition to a record-high national debt that already tops $140,000 per household.

Washington’s soaring taxing, spending and borrowing have contributed to the weakest economic recovery since the 1940s.

For every net new job created in the last four years, eight people have left the workforce. If we had simply matched the recovery from the last equally-deep recession, 11 million more people would be working. Instead, the economy continues to struggle under the weight of Washington’s policies.

I’d hoped President Obama’s budget proposal – despite being 65 days late – would attack the deficits and weak economy head-on. But it’s not up to the task: It contains even higher taxes, more spending and large deficits. And it never balances – not in a decade, not ever.

The budget begins by proposing $1.1 trillion in new taxes over the decade, bringing the total Obama administration tax increases to $3 trillion when including the fiscal cliff and health care tax hikes.

In fact, taxes over the next decade would average the largest share of the economy in American history, not a recipe for economic growth.

Some have expressed a willingness to pay higher taxes combined with spending cuts to reduce the deficit. The president’s budget doesn’t even contemplate such a compromise.

Instead, it increases spending by $800 billion. Under his plan, 75 cents of every dollar raised in tax increases would go into new federal spending. Just 25 cents would go toward reducing the deficit.

Break it all down and, even with these record tax increases, the president’s budget increases the debt by $8.1 trillion over the next decade, only slightly less than the $8.4 trillion in new debt if Washington continues on its current course.

And even that small deficit reduction is delayed until after President Obama leaves office. His budget increases the deficit by $388 billion over the next five years. The sacrifices wouldn’t begin until the next president is in office.

Hiking spending and deficits now and then punting the tough decisions down the road is not leadership; it’s the type of approach that created this mess.

Washington cannot keep having its dessert first and then delaying the vegetables to some distant date that never comes.

Also under this budget, America’s important entitlement programs suffer. The Social Security Disability Fund is projected to go bankrupt in just three years, and the entire Social Security program is scheduled to go bankrupt in 20 years – soon enough to affect many people retiring today.

Every year of the president’s budget, Social Security benefits will exceed Social Security taxes, with an overall shortfall of a trillion dollars over the decade. But despite all that new spending and taxation, the president has not presented a plan to bring the program into solvency.

At the same time, Medicare is projected to spend $3 in benefits for every $1 it takes in, yet the president’s budget would allow its trust fund to go bankrupt in just over a decade.

Failing to reform these vital but unsustainable entitlements will condemn seniors to large benefit cuts, and everyone else to large tax increases and expanded budget deficits.

The president’s plan has some things worth considering: the proposal to use a more accurate inflation calculator will make budget adjustments more precise while also reducing the deficit. The budget also moves toward pro-growth reform of the archaic corporate tax code.

But these are pebbles of good decisions in a landslide of bad ideas.

Overall, the president’s budget is not up to task. Nor was his last budget, rejected 99-0 in the Senate and 414-0 in the House.

In a time when Republicans and Democrats agree on little, that the president’s budgets aren’t the right way to go brings everyone together.

Obviously, the president hasn’t heard the calls from Americans across the political spectrum to end the runaway spending in Washington.

But I’ve been listening, and with Ohio families paying $22,000 per year to Washington, it’s time we honored their investment with a plan that reins in spending, creates jobs and finally balances the budget.

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