- 11.5.2.1 History of Congressional Affairs Program
- 11.5.2.2 Congressional Affairs Program Mission and Objectives
- 11.5.2.3 Organizational Structure
- 11.5.2.4 Congressional Affairs Program and Governmental Liaison Strategic Plans
- 11.5.2.5 Legal and Policy Considerations
- 11.5.2.6 Congressional Affairs Program Roles and Responsibilities
- 11.5.2.7 Interaction with Local Congressional Offices
- 11.5.2.8 Coordination with Taxpayer Advocate Service
- 11.5.2.9 Coordination with Other Operating Divisions/Functions
- 11.5.2.10 Congressional Affairs Program Contact Database
- 11.5.2.11 Congressional Affairs Program (CAP) Conference
- 11.5.2.12 Coordination with Other External Stakeholders
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The Congressional Affairs Program (CAP) is an official IRS program, approved by the Executive Committee on December 1, 1988, and first implemented in early 1989.
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Prior to 2001, District and Service Center executives managed local congressional relationships. Currently, Legislative Affairs manages CAP in coordination with Governmental Liaisons (GL) and Local Taxpayer Advocates (LTA) in each state. The GLs and LTAs serve as CAP contacts in the field. Each organization brings specific skills necessary for the program’s success
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The overall objectives of the Congressional Affairs Program are to:
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Establish and maintain IRS relationships and provide clear consistent, corporate messages to congressional offices at the local level.
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Provide a primary point of local contact between the IRS Operating/Functional Divisions and local congressional offices.
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The Congressional Affairs Program helps IRS develop and maintain positive working relationships with Members and staffs of their congressional delegations by:
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Managing relationships with local congressional offices in every state,
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Organizing regular outreach and liaison efforts to deliver corporate information and messages, and
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Coordinating with Local Taxpayer Advocates on congressional correspondence and other issues as needed.
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Implementation of the Congressional Affairs Program in the field requires a coordinated effort between Legislative Affairs, Governmental Liaison and Disclosure, the Taxpayer Advocate Service, and the Operating Divisions.
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At National Headquarters (NHQ), the National Director for Legislative Affairs is the principal advisor to the Chief, Communications and Liaison, Commissioner, the Deputy Commissioners, and top executives of the IRS on all legislative and congressional matters related to tax administration.
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Legislative Affairs consists of the Legislation and Reports Branch, Congressional Affairs Branch, and the Congressional Correspondence Branch.
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Legislative Affairs provides a national level of coordination, oversight and guidance for the Congressional Affairs Program.
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The Office of Governmental Liaison and Disclosure (GLD) is a unit of SB/SE Communications, Liaison and Disclosure (CLD). The Director, GLD, works in coordination with the Congressional Affairs Branch to manage the Congressional Affairs Program.
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National Headquarters GLD receives strategic direction from Legislative Affairs in delivering the Congressional Affairs Program.
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Area Managers, located nationwide, report to the Director, Governmental Liaison and Disclosure, at Headquarters. Area Managers have responsibility for oversight of the field Congressional Affairs Program.
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Geographically located throughout the country, the Governmental Liaisons serve as the Congressional Affairs Branch field presence. As the primary relationship managers for local congressional offices, the Governmental Liaisons manage day-to-day contacts with local congressional staffs on non-account-related issues. GLs work closely with Taxpayer Advocates in the field to ensure congressional messages are clear, consistent, and timely.
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The Taxpayer Advocate Service (TAS) is headed by the National Taxpayer Advocate (NTA), who reports to the Commissioner. Each state and campus has at least one Local Taxpayer Advocate (LTA) who is independent of the local IRS office and reports directly to the NTA. TAS plays a key role in the Congressional Affairs Program by handling tax account related issues.
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Overall guidance and strategies for Congressional Affairs Program activities can be found in the Communications & Liaison Division Strategy and Program Plan.
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The SBSE Communications, Liaison, & Disclosure (CLD) Program Letter is an annual plan that establishes the areas of emphasis for the Governmental Liaison and Disclosure programs for the fiscal year. Included in the program letter is specific guidance for the successful implementation of the Congressional Affairs Program within GLD.
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The CLD Program Letter is provided to Governmental Liaisons through their Area Managers.
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Congress, the Office of Management and Budget (OMB), Treasury, and the Service have all placed restrictions on the various aspects of the substance, extent, and the manner of congressional communications. Governmental Liaisons must be mindful of these restrictions during their interactions with Members of Congress and their staffs. Questions or specific situations should be referred by memo to the National Director, Legislative Affairs, via the GLD Area Manager.
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Congress has prohibited any "lobbying" by the executive branch of government using appropriated funds; lobbying has been defined as trying in any way to influence a Member of Congress to vote a certain way on a certain bill. The Comptroller General (GAO) has ruled that this also applies to "grassroots" efforts by agencies to have other groups lobby Congress. (18 U.S.C. § 1913)
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OMB rules require that all official agency comments on pending legislation be cleared through them. CAP coordinators in the field cannot provide legislative proposals or comments on pending legislation to a Member of Congress or a staffer without first clearing it with the Legislative Affairs Division at Headquarters. (OMB Circular A-19 and Treasury Directive 28-02)
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Any discussions concerning the IRS budget must be handled very carefully. While CAP coordinators are generally allowed to discuss the use of existing resources locally, it is best to avoid discussions of the overall IRS budget and its policy/program implications. (OMB Circular A-11)
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Comments on legislation may only be made with the approval of the Commissioner or designee, and must be limited to the administrative aspects of the legislation. For example, a GL, with prior approval, could discuss how a proposed bill might affect taxpayers and/or the IRS administratively. (IRS Policy Statement P-1-24)
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Legislative reports, records, and studies made by IRS are, in most cases, pre-decisional documents, which may be protected from Freedom of Information Act (FOIA) requests. Such documents may not be disclosed to the public unless the disclosure is made by, or authorized by, the Office of the Secretary or the Commissioner. (IRS Policy Statement P-1-25)
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When authorized by the Office of the Secretary or the Commissioner, IRS can furnish technical and drafting assistance with tax legislation to congressional committees, their staffs, the legislative counsels in the House and Senate, and other government agencies. In certain circumstances, and when authorized by the Commissioner, IRS can furnish assistance on proposed legislation affecting the IRS or tax administration to individual Members of Congress and individuals outside the Treasury Department. (IRS Policy Statement P-1-26)
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Employees may not use government time, money, or property to influence Members of Congress to favor or oppose legislation. (IRS Rules of Conduct 217.3)
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Implementation of the Congressional Affairs Program in the field requires a coordinated effort between Legislative Affairs, Governmental Liaison and Disclosure, the Taxpayer Advocate Service, and the Operating Divisions.
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The Legislative Affairs Division manages and enhances the IRS relationship with Members of Congress and their staffs, serves as the central coordinating point to achieve legislative objectives, and assists in ensuring continued congressional support. Its role is to:
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Establish the strategies and direction of the Congressional Affairs Program:
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As part of the Filing Season Readiness Committee, identify filing season messages and share with Governmental Liaisons/Local Taxpayer Advocates.
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Establish a work group that includes Taxpayer Advocate Service, the Office of Governmental Liaison, GLD Area Managers, and field Governmental Liaisons on an ad hoc basis to establish a plan of action/activity for each fiscal year.
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Coordinate actions and resources with the Office of Governmental Liaison to maximize efficiency and reduce redundancy.
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Provide trend analysis from issues raised by Governmental Liaisons.
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Share corporate messages with Governmental Liaisons:
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Coordinate with Operating/Functional Divisions to identify key messages for Congressional Affairs Program activity.
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Meet regularly with Operating/Functional Division contacts to identify key corporate messages and ensure consistency of messages.
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Communicate updates on congressional hearings, legislative issues or other information valuable to Governmental Liaisons.
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Identify issues and trends by providing alerts and updates, talking points, guidance, and letter templates.
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Provide support to Governmental Liaisons:
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Provide relevant information on issues/hot topics that will assist the Governmental Liaisons in their local interactions.
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Provide the Legislative Affairs Web site as a viable source for timely information sharing.
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Issue a periodic newsletter for Governmental Liaisons to distribute to congressional offices, including a section for local customizing by each Governmental Liaison to highlight issues of local interest.
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Provide legislative updates.
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Provide timely and updated outreach materials.
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The Office of Governmental Liaison is responsible for assisting the Legislative Affairs Division with the Congressional Affairs Program by supporting its goals. The Office of Governmental Liaison’s role is to:
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Coordinate Governmental Liaison communications and messages with similar Congressional Affairs Program efforts.
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Identify and coordinate resources in support of the Congressional Affairs Program.
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Assist in ongoing training and education for Governmental Liaisons.
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Coordinate with Legislative Affairs on training and other conferences.
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The Governmental Liaison and Disclosure Area Manager’s role is to:
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Provide leadership, direction and coordination for area Congressional Affairs Program activity by:
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Ensuring all correspondence is handled in a timely and professional manner.
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Ensuring Governmental Liaisons are maintaining appropriate level of visitations and routine communication with congressional offices.
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Sharing information within and between areas as trends and issues are identified by Governmental Liaisons.
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Elevating best practices developed by Governmental Liaisons and sharing for replication.
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Provide guidance on time reporting and workload balances by:
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Ensuring Governmental Liaisons are correctly using the Congressional Affairs Program Contact Database.
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Balancing workload demands and providing additional resources/support to Governmental Liaisons as necessary to deliver Congressional Affairs Program objectives.
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Assisting the Governmental Liaisons in resolving sensitive/high profile issues related to congressional visits, correspondence, and contacts.
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Coordinate Operating/Functional Division field executive activity by:
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Ensuring field executive counterparts are apprised of significant Congressional Affairs Program events.
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Providing field executive counterparts with information on key issues of interest to the Operating/Functional Divisions raised by congressional delegations.
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Obtaining feedback from field executive counterparts on Congressional Affairs Program issues, quality of the program and interest level.
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On an ongoing basis, provide Legislative Affairs with updates regarding significant Congressional Affairs Program events, sensitive issues, etc.
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Provide support for ongoing and new Congressional Affairs Program projects by:
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Leveraging resources to properly balance workload among Governmental Liaisons within the area to ensure overall quality of the program.
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Coordinating with other areas as appropriate.
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Sharing information among and between areas as trends are identified by Governmental Liaisons that can migrate to other states/congressional offices.
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Identifying best practices developed by Governmental Liaisons and sharing for replication.
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Governmental Liaisons represent the agency and provide outreach on corporate messages through monthly contacts with all local congressional offices. GLs and Local Taxpayer Advocates should work closely on congressional correspondence, issues, visits, and liaison meetings, as they are co-coordinators in these program areas.
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In their role as the primary field point of contact on corporate messages between the IRS and Congressional staff, the Governmental Liaisons should:
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Contact each local congressional office, monthly, at a minimum.
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It may be useful to provide Document 12188 , Office of Governmental Liaison, to the congressional offices as a way to introduce the local GL and to provide a description of GL roles and responsibilities.
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Disseminate key agency information using the communication vehicle identified/preferred by the local congressional staff.
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Ensure critical, time-sensitive information is shared with congressional offices.
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Visit local congressional offices.
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Schedule or respond to requests for meetings.
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Support congressional requests for assistance (i.e., disaster outreach, town hall meetings, etc.) using the appropriate OD/FD resources.
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Establish and manage relationships between the IRS and Congress at the field level by:
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Pro-actively developing and enhancing relationships with their local staffs and with Members of Congress.
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Educating themselves about their Members of Congress. Web sites, newspapers, and other resources are useful for developing a file containing information relevant to each of their members. Examples of such items include committee assignments, congressional demographics, and major IRS issues or legislation of interest to members.
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The Governmental Liaisons coordinate all Operating/Functional Division interactions with local Congressional offices by:
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Marketing the concept of a single point of contact for non-account-related issues.
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Coordinating with the Operating/Functional Divisions to communicate and market their initiatives and key messages.
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Sharing items of interest with appropriate local Operating/Functional Division management.
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Assisting the Operating/Functional Divisions in addressing systemic issues/concerns; identifying areas where sensitivity exists, and facilitating enhanced working relationships between the Operating/Functional Divisions and Governmental Liaisons.
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Governmental Liaisons are responsible for educating local congressional offices on key corporate messages and programs. This can be done by planning and hosting periodic congressional staff liaison meetings which will also provide a coordinated forum for the Operating/Functional Divisions to interact with the local congressional staffs.
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Ensure consistency of IRS messages to local congressional offices. Helpful tools include the Communications News Release System and the Legislative Affairs Web site.
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Generate understanding and support for IRS proposals and programs by communicating issues of interest to local congressional offices. Localize key messages as appropriate.
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A critical Governmental Liaison responsibility is to respond to congressional inquiries (non-tax account related). This is accomplished by:
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Timely managing correspondence inventory.
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Coordinating congressional inquiries with the local Taxpayer Advocate.
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Utilizing standard IRS correspondence bullets available via SERP, forms, publications, media releases, and Congressional Affairs Program issue letters.
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Using the Congressional Affairs Program Contact Database to report inquiries.
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Establishing key points of contact in the Operating/Functional Divisions for technical assistance, or use of the existing Operating/Functional Division Memoranda of Understanding.
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Legislative Affairs should be informed of local issues that may have nation-wide impact. This can be accomplished by:
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Entering results of local congressional office visits on the Congressional Affairs Program Contact database.
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Immediately elevating hot or sensitive issues to Legislative Affairs and the Operating/Functional Division via Area Manager.
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The Subject Matter Expert Program (SME) is designed to provide technical expertise on GLD programs through peer-to-peer assistance on an as-needed basis. Procedures for this program and the SME assignments, including congressional liaison SMEs, are located on the GLD Intranet Web site at http://sbse.web.irs.gov/GLD/Programs/GLD/SME.htm.
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The following table provides guidance for interactions with Members of Congress and their staff.
Do... Don't... Have a positive attitude. Be shy or apologetic. Plan to explain and defend (if needed) your office’s programs, products, and services, as well as any national concerns. Think it is someone else’s job. Remember that you are providing quality customer service to an important external stakeholder. Be afraid to tell them what your office appropriately can do for them and their constituents. Remember that Legislative Affairs is a legitimate function of all federal agencies. The IRS Legislative Affairs Division has already provided Members of Congress and their staffs considerable information and material on the IRS and tax administration issues. Feel that speaking with, writing to, or visiting Members and/or staffs is somehow inappropriate.
Be surprised if the Member/staff are familiar with certain IRS items; use that to lead into your message about your office.Call on Legislative Affairs for general or specific advice on all matters relating to Congress (schedules, map, reference books, bill status, committee memberships, current events, etc.) Hesitate to check (it could save some embarrassment). Concentrate on providing education and information. Avoid "lobbying" or the appearance of " lobbying" : trying to influence the Member on a specific issue or bill. Tell the Member or the staff your opinion on an issue or bill (you could be quoted). Stick to educating Members and staff on your office’s organization, programs, operations, products and services, and national programs of interest. Talk about other agencies or issues. Avoid discussions of specific tax or other legislation whenever possible. -
Advise that IRS, Treasury and OMB require prior clearance on any comments, which will be limited to administrative concerns in any event.
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Suggest that the Member write directly to the Assistant Secretary (Tax Policy) or to the Commissioner.
Say that a particular bill is good or bad, or that you favor or don’t favor it.
Feel bad about referring such questions where they belong.Avoid discussion of IRS budget/appropriations whenever possible. -
Stick to whatever resources you have in your office and how you are using them.
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Suggest that any questions on overall IRS programs or budget be sent to the Commissioner.
Say that you need more resources (everyone has that problem--even Members of Congress).
Feel bad about referring such questions where they belong.Remember that anything discussed by the IRS in prepared testimony has been cleared by Treasury and OMB can be discussed with Members and staff. Go beyond what is in the testimony. Follow-up to ensure that you have addressed all their concerns. Forget. Keep Legislative Affairs advised of any significant items or developments you learn about. Keep it to yourself. -
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The Local Taxpayer Advocates and the Governmental Liaisons are responsible for the Congressional Affairs Program in the field. Each party brings specific skills to the program. Both work together closely with a spirit of cooperation to serve the best interests of local congressional offices and their constituents, as well as the best interest of the IRS. The Local Taxpayer Advocate:
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Has primary responsibility for all tax account related issues.
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Develops advocacy issues and represents taxpayers.
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Coordinates with Governmental Liaisons on congressional contacts and visits (see IRM 13.1.8, Taxpayer Advocate Case Procedures, Congressional Affairs Program).
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Conveys the messages contained in the National Taxpayer Advocate’s Annual Report to Congress, which should not be misconstrued as influencing Members of Congress under IRS Rules of Conduct. IRC 7803(c)(2)(B)(ii)requires the Office of the Taxpayer Advocate to make legislative recommendations to resolve problems encountered by taxpayers.
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The Congressional Affairs Program in the field is a joint responsibility of the Local Taxpayer Advocates and Governmental Liaisons for each state. The Local Taxpayer Advocates are the Congressional Affairs Program contacts for account-related issues and the Governmental Liaisons are Congressional Affairs Program contacts for agency representation. They work together to serve the best interests of local congressional offices and their constituents, as well as the best interests of the IRS. For additional reference, see IRM 11.4.1, Governmental Liaison.
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Communiques are issued periodically by Legislative Affairs to all Governmental Liaisons, Governmental Liaison & Disclosure Area Managers, Office of Governmental Liaison Staff, Legislative Affairs (Congressional Affairs Branch), Taxpayer Advocate Service, Taxpayer Advocate Communications Staff, Local Taxpayer Advocates and embedded Communications staff in W&I, SB/SE and LMSB on pertinent IRS issues.
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These communiques specify whether the issue is "Information Only" or "Action Required" and include:
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A reference number.
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An issue summary that contains:
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Details about the issue.
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The message to be communicated to the Congressional Offices.
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The message to be communicated to the States, if appropriate.
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Recommended Governmental Liaison, Congressional Affairs Program, Governmental Liaison, Fed/State, and Local Taxpayer Advocate Congressional Affairs Program actions.
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Attachments may include a news release, fact sheet or other guidance for issuance to state agencies and/or congressional offices.
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All communiques can be found on the Intranet, under Legislative Affairs, Congressional Affairs Program, CAP Message Catalog, at http://www.hq.irs.gov/la/BranchB/CAP/CAP%20Message%20Catalog/Catalog.htm .
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The IRS Congressional Update Newsletter is published at least three times a year as a joint Governmental Liaison/Legislative Affairs effort.
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A team comprised of Governmental Liaisons and a Taxpayer Advocate Service designee meet via conference calls throughout the year to discuss articles and deadlines for each edition.
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January – filing season messages
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May – post filing season update
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August/September – latest IRS updates
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Special editions (i.e., tax law changes, policy/program changes, etc.)
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Each team member is responsible for soliciting articles from an operating division(s) at the national level. The Operating/Functional Division contacts are responsible for providing articles in final, approved format for publication.
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After formatting and team review, the Congressional Update is sent to Legislative Affairs for final approval.
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The newsletter is issued via electronic format by Legislative Affairs to all Governmental Liaisons, Governmental Liaison & Disclosure Area Managers, Office of Governmental Liaison Staff, Legislative Affairs (Congressional Affairs Branch), Taxpayer Advocate Service, TAS Communications Staff, Local Taxpayer Advocates and embedded Communications Staff in W&I, SB/SE and LMSB.
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Governmental Liaisons are encouraged to insert local information such as Tax Assistance Center information, VITA, e-file seminars, Small Business workshops, etc. as a final page.
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Governmental Liaisons distribute to all congressional offices for their state(s), in the offices’ preferred method (E-mail, fax or hard copy). This includes distribution to the Washington, D.C. congressional offices.
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Governmental Liaisons should document all distributions of the Congressional Update on the Congressional Affairs Program Contact Database as an Outgoing Corporate message. See IRM 11.5.2.10.
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It is important that the Governmental Liaison and Local Taxpayer Advocate coordinate regular local congressional visits. The purposes of these visits are to:
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Develop and maintain relationships and reinforce communications channels.
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Discuss corporate messages and topics of mutual interest.
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Planning the Visits
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The Governmental Liaison and Local Taxpayer Advocate should identify trends and subjects for discussion. Review recent congressional correspondence from members to identify issues so the Governmental Liaison/Local Taxpayer Advocate can be prepared for possible discussion.
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Check with the Operating Divisions and Functions to identify current national and local issues or items of interest. Working with Stakeholder Relationship Management Local Councils is one way to identify Operating Division and Function issues (i.e., small business workshops, changes in procedures, Taxpayer Assistance Center hours and services, VITA, etc.).
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Develop a specific agenda and/or outline, tailored to individual offices or members, if necessary.
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Prepare handouts and/or information packet (i.e., press releases, VITA site listings, contact numbers for constituents, small business or tax products CD-ROMs, announcements of special IRS events, etc.).
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Scheduling Visits
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Make phone calls to schedule the visits at least one month in advance.
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Suggest a date and time for the visit and ask for an appointment. Typically, 30-60 minutes should be sufficient. Also discuss a tentative agenda and ask if there are any concerns that they would like addressed. Be flexible with scheduling visits because the chosen dates and times may not work for the congressional staffer.
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To confirm the appointment, send each staffer an E-mail or letter with date, time and topics.
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Conducting Visits
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The Governmental Liaison and Local Taxpayer Advocate should conduct joint visits to provide a comprehensive view of the Congressional Affairs Program. If you are not visiting jointly with the Local Taxpayer Advocate, provide updated Taxpayer Advocate Service information.
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Provide information and handouts and solicit feedback on IRS service and messages.
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Evaluating the Visits
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Take appropriate and immediate action on any congressional suggestions, requests or comments, and follow-up with the congressional office as necessary. This may require a follow up discussion with the Operating/Functional Divisions and/or Legislative Affairs.
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Governmental Liaisons should document all visits with each office on the Congressional Affairs Program Contact Database. See IRM 11.5.2.10.
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The following table summarizes the action items necessary for Governmental Liaisons to conduct congressional office visits.
ACTION RESULT Meet with Local Taxpayer Advocate. Identifies preliminary agenda items and date for visit. Contact the congressional staffer. Collaborates on date and time of visit and solicit agenda items. Check with Operating/Functional Divisions. Identifies current issues or items of interest. Develop outline of what you want to accomplish. Focuses on key messages. Prepare handouts and/or information packet. Gives staff valuable information and allows Governmental Liaison to focus messages. Sort Congressional Affairs Program contact database by member’s name. Identifies trends & subjects to discuss. Identify key IRS Committee Members. Identifies members who have interests related to IRS issues and helps to further develop strategic relationships. Visit local offices with Local Taxpayer Advocate, if possible. If not, discuss pending visits with Local Taxpayer Advocate before scheduled dates. Provides staffers full view of Congressional Affairs Program. If not visiting with Local Taxpayer Advocate, be sure to provide updated Taxpayer Advocate Service information. Provide staffer with current products such as fact sheets, CD-ROMs, office hours, key contact sheets. Adds value to your visit by providing important local information.
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The Governmental Liaison/Local Taxpayer Advocate should arrange agency meetings with the local congressional staff. These more formal interactions are an excellent opportunity for the IRS to present its strategic objectives and goals. Therefore, consideration should be made to include Operating/Functional Divisions, Counsel, Appeals and other internal/external stakeholders.
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Planning the Meeting
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The Governmental Liaison/Local Taxpayer Advocate should conduct liaison meetings for their delegation at regular intervals (recommended at least once every two years).
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Tailor the
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