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Sen. Moran Demands Answers from Administration on FAA Salary Bonuses
"At the time when sequestration was one month away, the FAA’s leadership ignored Secretary LaHood’s specific guidance and awarded bonuses."
May 17 2013
Washington, D.C. – U.S. Senator Jerry Moran (R-Kan.) has called on Federal Aviation Administration (FAA) Administrator Michael Huerta to explain why bonuses were awarded to FAA employees earlier this year in advance of sequestration budget cuts even after Transportation Secretary Ray LaHood instructed the heads of the department's operating administrations not to award bonuses.
The Wall Street Journal reported earlier this week that the FAA notified employees in January of salary bonuses. Three months later, the FAA announced plans to close contract control towers and to implement across the board furloughs due to sequestration, which resulted in travel delays for airline passengers. In April, Congress passed legislation that provided the FAA additional flexibility to transfer funding within the agency to prevent tower closures and reduced operations.
"We are very concerned by these reports as they once again indicate both a lack of sound business management and a failure by the FAA to adequately plan for implementation of sequestration,” Sen. Moran wrote in the letter to Administrator Huerta along with 16 of his colleagues. “At the time when sequestration was one month away, the FAA’s leadership ignored Secretary LaHood’s specific guidance and awarded bonuses."
Click here for a copy of the signed letter.
Below is the full text of the letter.
May 16, 2013
The Honorable Michael Huerta
Administrator
Federal Aviation Administration
800 Independence Avenue, SW
Washington, DC 20591
Dear Administrator Huerta:
We are writing in regards to recent media reports indicating that you approved salary bonuses for Federal Aviation Administration (FAA) employees earlier this year. The Wall Street Journal’s May 14, 2013 online edition indicates that these bonuses came as the FAA was preparing to implement sequestration.
According to The Wall Street Journal, you notified FAA employees on January 14, 2013 that most of them could expect Organizational Success Increases (OSIs) of 1%, and Superior Contribution Increases (SCIs) of 0.6% to 1.8%. Employees at the FAA who qualified for these salary bonuses received additional pay in their February paychecks. Also, The Wall Street Journal reports that Secretary of Transportation Ray LaHood had previously instructed the heads of the department's operating administrations not to award bonuses and specifically not to award OSI or SCI bonuses. Furthermore, Secretary LaHood reportedly instructed agencies to begin planning how to manage their funds given budget uncertainties and the looming sequester.
We are very concerned by these reports as they once again indicate both a lack of sound business management and a failure by the FAA to adequately plan for implementation of sequestration. At the time when sequestration was one month away, the FAA’s leadership ignored Secretary LaHood’s specific guidance and awarded bonuses. On March 5, 2013 the FAA contacted all participants in the contract tower program explaining that the FAA’s guiding principles in implementing the budget sequestration are to maintain high safety standards and to minimize the impact to the greatest number of passengers. The FAA then announced “across the board” furloughs of FAA employees. In an April 18, 2013 briefing with Senate staff, the FAA Chief Operating Officer David Grizzle reported that the FAA specifically chose not to analyze alternative furlough options or alternative spending cuts because those analyses would have violated the “fundamental premise” of the FAA’s implementation of the sequester, “equity among employees.” This fundamental premise directly contradicts the March 5 guidance issued by the FAA. These decisions made by the FAA’s senior leadership are cause for concern.
Please share with us why you chose to ignore Secretary LaHood’s guidance, and why you felt it necessary and appropriate to award salary bonuses to FAA employees instead of adequately preparing for sequestration. We further request that you explain what impacts these additional salary expenditures had on your decision to implement sequestration by imposing across the board furlough cuts, instead of implementing sequestration in a way that would minimize the impact to the greatest number of passengers. Finally, we request that you share with us the savings to the FAA if the agency had not awarded salary bonuses.
We appreciate your consideration of our concerns, and look forward to receiving your written response. Should you or your staff have any questions please do not hesitate to contact us.
Sincerely,
Senator Dan Coats (R-Ind.)
Senator John Barrasso (R-Wyo.)
Senator Richard Burr (R-N.C.)
Senator Saxby Chambliss (R-Ga.)
Senator Tom Coburn (R-Okla.)
Senator Mike Enzi (R-Wyo.)
Senator Lindsey Graham (R-S.C.)
Senator Orrin Hatch (R-Utah)
Senator Dean Heller (R-Nev.)
Senator Jim Inhofe (R-Okla.)
Senator Johnny Isakson (R-Ga.)
Senator Ron Johnson (R-Wis.)
Senator Mark Kirk (R-Ill.)
Senator Jerry Moran (R-Kan.)
Senator Marco Rubio (R-Fla.)
Senator Jeff Sessions (R-Ala.)
Senator Roger Wicker (R-Miss.)
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Sen. Moran on Administration's Decision to Sign U.N. Arms Trade Treaty
"The Administration has clearly abbreviated this review process to a meager six weeks… simply unheard of for a treaty of this significance and scope. I am greatly disappointed at the lack of seriousness on the part of the Administration to review the ATT before agreeing to sign it."
May 16 2013
WASHINGTON, D.C. – U.S. Senator Jerry Moran (R-Kan.) – author of S. Con. Res. 7, the bipartisan resolution which makes clear a United Nations Arms Trade Treaty (ATT) that undermines constitutional freedoms of American gun owners will not be ratified by the Senate – today responded to Assistant Secretary of State Thomas Countryman’s statement that the United States will sign the ATT when it opens for signature on June 3, 2013. This announcement comes on the heels of the Administration abandoning its previous insistence on consensus by allowing a vote in the U.N. General Assembly to pass the U.N. ATT.
"This news is incredibly disappointing, given Assistant Secretary Countryman has previously described the goals of the treaty as ‘ambiguous.’ Good treaties aren’t ambiguous, and our constitutional rights are too important to be entrusted to a dangerous treaty drafted by nations hostile to the ownership of firearms by private citizens.
"Upon passage of the ATT at the U.N. General Assembly on April 2, the Administration indicated it would begin an extensive and thorough internal legal and policy review – a process typically requiring several months. By already signaling a readiness to sign the Treaty, the Administration has clearly abbreviated this review process to a meager six weeks. This is simply unheard of for a treaty of this significance and scope. I am greatly disappointed at the lack of seriousness on the part of the Administration to review the ATT before agreeing to sign it.
"The United States should ratify treaties only when they are in our national interest, clear in their goals and language, respect our sovereignty, and do not create any openings to infringe upon our constitutional freedoms. The Arms Trade Treaty fails to meet any of these tests, which is why I urge the President not to sign it, and why a bipartisan coalition of 36 U.S. Senators will remain united in opposition to ratification."
Sen. Moran’s concurrent resolution, S. Con. Res. 7, is cosponsored by 35 U.S. Senators including: Lamar Alexander (R-TN), Kelly Ayotte (R-NH), John Barrasso (R-WY), Max Baucus (D-MT), John Boozman (R-AR), Richard Burr (R-NC), Tom Coburn (R-OK), Thad Cochran (R-MS), John Cornyn (R-TX), Saxby Chambliss (R-GA), Mike Crapo (R-ID), Ted Cruz (R-TX), Mike Enzi (R-WY), Deb Fischer (R-NE), Jeff Flake (R-AZ), Chuck Grassley (R-IA), Orrin Hatch (R-UT), Dean Heller (R-NV), John Hoeven (R-ND), James Inhofe (R-OK), Johnny Isakson (R-GA), Mike Johanns (R-NE), Mike Lee (R-UT), Joe Manchin (D-WV), Rand Paul (R-KY), Rob Portman (R-OH), Jim Risch (R-ID), Pat Roberts (R-KS), Marco Rubio (R-FL), Jeff Sessions (R-AL), Tim Scott (R-SC), John Thune (R-SD), Pat Toomey (R-PA), David Vitter (R-LA) and Roger Wicker (R-MS).
S. Con. Res. 7 has been endorsed by the National Rifle Association, Heritage Action, and the Endowment for Middle East Truth.
Click here to read S. Con. Res. 7 outlining criteria that must be met for a U.N. ATT to be ratified by the Senate.
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Sen. Moran Signals Support for Kansan Nominee to U.S. Court of Appeals
Mr. Srinivasan is one of Kansas' most accomplished legal minds and among the nation’s leading appellate lawyers. I intend to support his confirmation.
May 15 2013
U.S. Senator Jerry Moran (R-Kan.) released the following statement today regarding the upcoming U.S. Senate confirmation process of Sri Srinivasan, President Obama’s nominee to the U.S. Court of Appeals for the D.C. Circuit:
“Providing advice and consent of Presidential nominees is one of the most important roles of the United States Senate and a responsibility that I take very seriously,” Sen. Moran said. “I recently visited with Mr. Srinivasan to evaluate his professional credentials and his commitment to the Rule of Law. From our conversation, I have found Sri to be a highly qualified candidate with a distinguished career in the private sector and in the Departments of Justice of the Bush and Obama Administrations. Mr. Srinivasan is one of Kansas' most accomplished legal minds and among the nation’s leading appellate lawyers. I intend to support his confirmation.”
WASHINGTON, D.C. – U.S. Senators Jerry Moran (R-Kan.) and Angus King (I-Maine) today introduced the Veterinary Medicine Mobility Act. The bipartisan legislation will allow veterinarians to legally carry and dispense controlled substances to protect the health and welfare of the nation’s animals, ensure public safety, and safeguard the nation’s food supply. Companion legislation, H.R. 1528, was introduced in the U.S. House of Representatives by veterinarians, Reps. Kurt Schrader (D-Ore.) and Ted Yoho (R.-Fla.).
“Veterinarians play a crucial role in public safety and making certain animals in Kansas and across the country are cared for properly,” Sen. Moran said. “The Veterinary Medicine Mobility Act allows licensed practitioners to legally transport and dispense the controlled substances necessary to practice veterinary medicine. This legislation is particularly important for veterinarians who work in rural areas, conduct research or respond to emergency situations.”
“It is essential that veterinarians be able to transport the drugs they need to appropriately treat their patients,” said Kansas State University Department of Clinical Sciences Professor Mike Apley, DVM, Ph.D. “This includes the transport and use of controlled substances to treat multiple species in situations that may not be anticipated prior to examining the patient. These situations include restraint, anesthesia, and humane euthanasia. It is apparent that legislation is urgently needed to enable creating the regulations which will allow this transport, and to avoid needless pain and suffering of veterinary patients as well as safety concerns for the people handling these patients.”
The 1970 Controlled Substances Act (CSA) stipulates that controlled substances must be stored and dispensed at the specific address veterinarians have on file with the Drug Enforcement Administration (DEA). The DEA enforces the CSA and has informed organized veterinary medicine that without a statutory change, veterinarians are in violation and cannot legally provide complete veterinary care.
The practice of veterinary medicine requires veterinarians to treat patients in a variety of settings, including rural areas, “house calls” or mobile clinics, research and disease control activities, emergency response situations, and removal or transfer of dangerous wildlife.
The legislation is endorsed by the American Veterinary Medical Association.
To read the Veterinary Medicine Mobility Act in its entirety, click here.
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Sen. Moran: IRS Releasing Donor Info for Political Purposes
"Every American should expect even-handed treatment by the Internal Revenue Service - and that clearly is not the IRS or the Administration we have."
May 14 2013
WASHINGTON, D.C. – U.S. Senator Jerry Moran (R-Kan.), a member of the Senate Appropriations Subcommittee with oversight over the U.S. Department of Treasury – of which the Internal Revenue Service (IRS) is a bureau – today said the developing IRS scandal lends credibility to reports of politically-motivated donor information leaks at the IRS. Sen. Moran believes the leaks deserve a second look as one more facet of a scandal that is not going away anytime soon. The remarks were made at the weekly Senate Republican Leadership Press Conference.
Sen. Moran on IRS Scandal: Take Second Look at Political Donor Information Leaks at IRS
"Leaks like this are not only illegal, they are terribly damaging to our Democracy. I believe this is one more facet of a scandal that is not going away anytime soon, and I am anxious to hear what Secretary Lew and Acting Commissioner Miller have to say."
May 14 2013
Washington, D.C. – U.S. Senator Jerry Moran (R-Kan.), a member of the Senate Appropriations Subcommittee with oversight over the U.S. Department of Treasury – of which the Internal Revenue Service (IRS) is a bureau – has submitted eight pointed questions regarding the politicization of the IRS to Treasury Secretary Jack Lew and Acting IRS Commissioner Steven Miller. Sen. Moran believes the IRS’ admission that conservative groups applying for tax-exempt status were targeted for additional scrutiny is just the tip of the iceberg when it comes to the IRS scandal.
"The startling revelations give real credibility to numerous reports over the last year that the IRS ‘inadvertently’ released donor information from conservative groups – and that information ended up in the hands of political opponents,” Sen. Moran said. “Leaks like this are not only illegal – they are terribly damaging to our Democracy. I believe this is one more facet of a scandal that is not going away anytime soon, and I am anxious to hear what Secretary Lew and Acting Commissioner Miller have to say."
Secretary Lew and Acting Commissioner Miller are required to respond to the questions, as they were submitted to the record as an extension of Secretary Lew’s testimony before the Senate Appropriations Subcommittee on Financial Services and General Government last Wednesday, May 8, 2013. During the hearing, Sen. Moran questioned Secretary Lew about the troubling evidence that the IRS released Schedule B donor lists belonging to 501(c)(4) nonprofit organizations to other outside groups who intended to use the information for partisan political purposes. Sen. Moran referenced three specific examples of IRS leaks:
1. In April 2012, an organization called the National Organization for Marriage – which supports traditional marriage – had their donor information released to the public by the IRS and then used by an organization on the other side of the issue.
2. In December 2012, the IRS turned over several pending applications for tax-exempt status from a number of 501(c)(4)s to Pro Publica. Applications for nonprofit status are protected tax return information while the application is pending. Pro Publica published information from these pending applications that it should never have received – a felony punishable by up to five years in prison or a fine of up to $5,000, or both.
3. Earlier this year, the IRS again “inadvertently” released one page of a Schedule B donor list affiliated with the Republican Governors Association to an outside group.
Sen. Moran has asked Secretary Lew and Acting Commissioner Miller the following questions about the lack of progress on the part of the IRS, the Treasury Department and the Justice Department in pursuing the apparent breakdown in taxpayer protection. Answers are expected in the coming week:
1. Can you confirm that there is an active effort on the parts of both the IRS and the Department of the Treasury to find the sources of these releases?
2. Have the Department of the Treasury and the IRS identified other instances of Schedule B donor lists being improperly released to other parties? Please list any and all instances in your response.
3. Will you both commit to conducting a full investigation to identify the IRS sources responsible for these improper disclosures of protected taxpayer information and ascertain for what purpose that information was released in the first place?
4. Will you yourselves fully cooperate and direct your subordinates to fully cooperate with any such investigation?
5. As part of this investigation, will you give this subcommittee access to all materials related to the means and motives surrounding these disclosures and specifically investigate fully whether these disclosures were the result of intentional acts by the employees involved?
6. Will you submit the findings of this investigation to the Justice Department to take action and prosecute groups that knowingly published protected taxpayer information that they improperly received.
7. What concrete steps will you take to ensure that these apparent lapses in the protection of taxpayer information cease?
8. Will the Secretary and the Acting Commissioner confirm that they will not permit the IRS to politicize protected taxpayer information, regardless of the political nature of the information?
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Late last week we learned of the apology by the Internal Revenue Service official about the targeting of certain information and applications for 501(c)(4) organizations in this country. Certainly the indication is that because of certain words generally considered to suggest that organization has conservative leanings, those organizations were targeted for different or additional treatment at the Internal Revenue Service. It was indicated there was an apology offered. This became a significant topic of conversation over the weekend by certain elected officials, certainly by my colleagues in the Senate but by the American people as well.
Last Wednesday, May 8, before this revelation was known, the Appropriations Subcommittee for Financial Services was holding its hearing--usually an annual affair—in which we were discussing the appropriations request in the President's budget for the Treasury Department. That gave me the opportunity to visit with Secretary Lew. Of course, the Internal Revenue Service is a component of the Treasury Department. My conversation with Secretary Lew during that hearing dealt with a related topic.
While I have great objection to targeting any group—liberal, conservative, Republican, Democratic-leaning—certainly the ability for us to examine an application is important. But none of us would expect or consider it to be appropriate that the Internal Revenue Service would treat one application different from another based upon its apparent political leanings.
While that is terrible enough, I also want to point out the topic I raised with the Secretary, Treasury Secretary Jack Lew, last Wednesday. This comes from media reports and from complaints by organizations. The reason this seems so important is the admission that conservative groups were treated differently or one group was treated differently from another within the Internal Revenue Service lends credibility to press reports and to complaints by organizations across the country about their treatment by the IRS.
My questions to Secretary Lew, some of them that day but also submitted in writing since then, deal with a number of instances in which it was reported by an organization or a press report that the Internal Revenue Service improperly disclosed information about donors to 501(c)(4) organizations. Last April, the IRS apparently improperly disclosed schedule B donor lists on the form 990 of an organization called National Organizations for Marriage. It is an a 501(c)(4) group. While the form 990 is publicly available, tax laws and IRS regulations make clear that the schedule B—that is the donor list on the 990 is not to be released for 501(c)(3)s or (c)(4)s.
The issue was raised. The organization complained. It was reported in the press. Part of my inquiry to Secretary Lew is what has transpired since that point in time. Have the employees at the Internal Revenue Service who released this information been challenged for their actions? Have they been admonished? Have they been treated appropriately for what clearly seems to be an inappropriate release of private taxpayer information?
The second example was the IRS turned over several applications for nonprofit status, including the pending applications for tax-exempt status, for several groups. They were released and ended up in the hands of an organization called ProPublica. Again, while the applications for nonprofit status are available to the public after an exemption is granted, they are protected as tax return information while that application is pending. This organization then published that information, despite that that is what I understand to be a felony. Publishing unauthorized tax returns or return information is a felony punishable by up to 5 years in prison or a fine up to $5,000 or both. Again, my question of the Treasury Secretary is that I have not been able to confirm any action has been taken, any recommendation from the Treasury Department, the Justice Department, that anybody be prosecuted for publishing private taxpayer information.
Finally, we learned earlier this year, again, of something described as an inadvertent IRS disclosure related to releasing one page of the schedule B showing donors to the Republican Governors Association. These are alarming in and of themselves and become more significant to me, having learned that there is a bias, a treatment different of one taxpayer over another at the IRS. While it is important for us to determine, and I am anxious to read the inspector general's report as to the findings about what occurred with the singling out of certain organizations for a different kind of treatment at the IRS, I also think it is important for us to pursue the issue of the release of information that comes from one organization's filing that is inappropriate to release and ultimately its being used by an organization that apparently has a different political perspective than the one whose application is pending.
Again, I would raise this issue that now we know something is wrong at the IRS, there is more to be discovered as we look at how this information was released. Were people who released it punished? Is there any pending criminal action against the individuals who published this information? I am surprised by the circumstance we find ourselves in. I never would have expected this from the Internal Revenue Service, which must be, needs to be, and has to be above the political fray.
The IRS can never be an instrument of any political party, of any administration, or of any political philosophy. All Americans have the right to assume that the IRS, which has great powers and consequences upon the taxpayers of this country, is operating in a neutral, fair, and appropriate manner.
The circumstances now present themselves in a way that we have to wonder about more than just these three examples. These three examples are ones now worthy of additional concern by Members of the Senate, and, even more importantly, by the IRS and individuals within the administration who are responsible for the management and governance of the Internal Revenue Service and the Treasury Department.
I have submitted a series of questions to Secretary Lew. As a member of the Appropriations Committee responsible for the Internal Revenue Service's appropriations, I look forward to seeing what those answers are and to make certain appropriate action is taken in regard to individuals who apparently have violated the public trust, with the understanding that all of us expect the privacy the Internal Revenue Service is to provide.
I want to once again outline that while we learned something over the weekend that is very troublesome, there may be much more to this story that has yet to be told, and I am anxious to see the answers that come from the Treasury Department in regard to the Internal Revenue Service.
In fact, I encourage all Members of the Senate to reach the same conclusion--no matter their political leaning or philosophical bent, whether Republican or Democrat—that the Internal Revenue Service with its tremendous enforcement capabilities and the tremendous consequences it has to the American people in the decisions it makes always be above the political fray.
Mr. President, I want to thank you for the opportunity to be on the Senate floor today to outline an extended concern I have about actions at the Internal Revenue Service. I anxiously wait for the Treasury Department to respond and provide answers to our subcommittee, committee, and the full Senate.
Sen. Moran Discusses IRS Leaks on Fox News
"It doesn't matter what your political stripes are - this is highly offensive. This harks back to days of President Nixon and the use of the IRS for political purposes."
May 13 2013
WASHINGTON, D.C. – On Sunday, May 12, 2013, U.S. Senator Jerry Moran (R-Kan.) discussed the intentional targeting of groups based on their political leanings by the Internal Revenue Service (IRS) on Fox News Channels’ America’s News HQ with Shannon Bream. Sen. Moran said the startling revelations harken back to the days of President Richard M. Nixon and must be investigated fully.
Highlights from Sen. Moran’s interview on Fox News Channel can be found below, along with a link to the video.
Sen. Moran: "This is not a conservative/liberal issue. All Americans ought to be interested that the applications for an IRS exemption are appropriately handled from a tax code point of view. But no American ought to be pleased that political information is being used for political purposes. It doesn't matter what your political stripes are – this is highly offensive. This harks back to days of President Nixon and the use of the IRS for political purposes. …We should see across the board, members of Congress trying to find out what the facts are, and if those facts demonstrate wrongdoing, heads should roll."
YOUTUBE: Click here to watch Sen. Moran’s interview on the IRS’ release of nonprofit donor lists.
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