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Jen Kiggans, Virginia's newest member of Congress, casts first legislative vote

Swearing-in was delayed by GOP speakership battle
State Sen. Jen Kiggans (R).png
Capitol Hill Capitol Building Capitol Dome
Posted at 11:48 PM, Jan 09, 2023
and last updated 2023-01-10 02:34:17-05

WASHINGTON (WTKR/AP) — Newly minted U.S. Representative Jennifer Ann "Jen" Kiggans cast her first vote on federal legislation Monday evening, after a grueling intraparty leadership battle delayed the Virginia Republican's swearing-in by several days.

Kiggans was originally expected to take the oath of office on Tuesday, January 3, but representatives-elect weren't able to be sworn in until early Saturday morning, shortly after U.S. Rep. Kevin McCarthy of California secured the speaker's gavel in the 15th round of voting.

On Monday evening, House Republicans brought the first bill of the 118th Congress, H.R. 23, to the floor for a vote.

Kiggans, a freshman congresswoman from Virginia Beach who previously served as a state senator, voted for the bill, which would rescind nearly $71 billion that Congress had provided the IRS. She lauded the bill's passage in a statement released by her office after the vote.

“Hardworking families, who have already been pummeled by historic economic hardships, do not deserve to be burdened with unnecessary and unwarranted IRS audits,” Kiggans said, calling it "an important step in providing Virginians with a federal government that is accountable and works for them, not against them."

The bill to rescind the supplemental IRS funding passed the House on a party-line vote of 221-210. The Democratic-controlled Senate has vowed to ignore it.

A geriatric nurse practitioner and former Navy helicopter pilot, Kiggans defeated incumbent Democratic congresswoman and retired Navy commander Elaine G. Luria, D-Va., in a bruising campaign last year for Virginia's 2nd congressional district seat. The district includes all of Virginia Beach, which is the state's most populous city, along with the Eastern Shore, a portion of Chesapeake, and much of the western Tidewater area, including the cities of Suffolk and Franklin.

U.S. Rep. Bobby Scott (D-Va.), who has represented the neighboring 3rd congressional district since 1993, slammed the bill in a statement released by his office Monday evening, which said the measure would add billions to the federal budget deficit and hinder the agency's tax enforcement efforts.

"It is telling that the first bill House Republicans passed with their new majority will do nothing to lower inflation or invest in working families, but it will increase the deficit by $114 billion and enable tax cheating from the wealthy," Scott said.

Democrats had beefed up the IRS over the next decade to help offset the cost of top health and environmental priorities they passed last year and to replenish an agency struggling to provide basic services to taxpayers and ensure fairness in tax compliance.

The money is on top of what Congress provides the IRS annually through the appropriations process and immediately became a magnet for GOP campaign ads in the fall claiming that the boost would lead to an army of IRS agents harassing hard-working Americans.

Shortly before the vote, the nonpartisan Congressional Budget Office projected that rescinding the extra IRS funding would increase deficits over the coming decade by more than $114 billion. That created an awkward moment for Republicans, who have been saying that addressing deficits would be one of their top concerns in the majority. It offered an early example of how the GOP's bold promises on the campaign trail could get tangled in the messy reality of governing.

Still, the CBO's projection didn't appear to dampen Republican support. Rep. Jeff Duncan, R-S.C., said the extra IRS funding Democrats provided last year was for one purpose.

“To go after small businesses, hard-working Americans to try to raise money for reckless spending, reckless spending that has caused $31 trillion in debt in this nation," Duncan said.

Duncan and other GOP lawmakers routinely say the extra funding will be used to hire 87,000 new agents to target Americans, but that's misleading. The number is based on a Treasury Department plan saying that many IRS employees would be hired over the next decade if it got the money. But those employees will not all be hired at the same time, they will not all be auditors and many will be replacing some 50,000 employees who are expected to quit or retire in coming years.

“This debate about IRS lends itself to be the most dishonest, demagogic rhetoric that I have seen in the Congress at any point in time," said Rep. Steny Hoyer, D-Md.

Charles Rettig, the former commissioner of the IRS, said in a final message to the agency in November that the additional money would help in many areas, not just beefing up tax enforcement. He said the investments would make it “even less likely for honest taxpayers to hear from the IRS or receive an audit letter.”

Additional funding for the agency has been politically controversial since 2013, when the IRS under the Obama administration was found to have used inappropriate criteria to review tea party groups and other organizations applying for tax-exempt status.

In the ensuing years, the IRS was mostly on the losing end of congressional funding fights, even as a subsequent 2017 report found that both conservative and liberal groups were chosen for scrutiny.

In April, Rettig told lawmakers the agency’s budget has decreased by more than 15% over the past decade when accounting for inflation and said the number of full-time employees - 79,000 in the last fiscal year - was close to 1974 levels.

But Rep. Nicole Malliotakis, R-N.Y., and other Republicans weren't buying the argument that the funding would be focused on auditing the wealthy.

“This is meant to nickel-and-dime, audit and harass America's small businesses and families, who they know cannot afford the legal fees to fight this army," Malliotakis said.

Sen. Ron Wyden, the Democratic chairman of the Senate Finance Committee, said a decade of Republican-led budget cuts gutted the IRS.

“The only way that House Republicans could make it any more obvious that they’re doing a favor for wealthy tax cheats is by coming out and saying it in exactly those words," Wyden said. “This bill is going nowhere in the Senate.”

And the White House said President Joe Biden would veto the bill if it gets to his desk, saying that the wealthiest 1% of Americans hide about 20% of their income so they don't have to pay taxes on it, shifting more of the tax burden to the middle class.

"With their first economic legislation of the new Congress, House Republicans are making clear that their top economic priority is to allow the rich and multibillion-dollar corporations to skip out on their taxes, while making life harder for ordinary, middle-class families that pay the taxes they owe," the White House said.