Boustany Questions GSA Kickback Policy

Boustany Questions GSA Kickback Policy

The following press release was published by the U.S. Congress Committee on Ways and Means on June 13, 2012. It is reproduced in full below.

Washington, DC - Today, Ways and Means Subcommittee on Oversight Chairman Charles Boustany, Jr., M.D. (R-LA) sent a letter to 15 departments and two agencies across the federal government seeking information about the potential abuse of the Energy Efficient Commercial Buildings Deduction, commonly referred to as the “179D Deduction." Documentation recently obtained by the Ways and Means Committee suggests that the General Services Administration (GSA) may be using the deduction to secure kickbacks from contractors by requiring the contractor to write checks payable to GSA for 19 percent of the value of the deduction.

Discussing the letter, Boustany commented, “The action by the GSA raises a number of serious questions about whether this particular tax deduction is being abused. Requiring a cash payment in exchange for a tax deduction is a kickback, pure and simple. We must ensure that this tax deduction is being used for its intended purpose and not being sold to line some government slush fund. Given the wide range of abuse of taxpayer dollars being used for everything from fortune tellers to clowns to spaying pets, it is clear that strong and vigorous oversight is necessary to ensure that taxpayer dollars are being protected."

The departments and agencies must provide information to the Subcommittee by May 18, 2012, covering a range of areas including:

1. Copies of all letters sent by the government to contractors or other entities regarding the 179D deduction;

2. The total amount of deductions a government entity has allocated, and a detailed breakdown of the contractor(s) or other entities receiving allocations, including the amount of the deductions;

3. Information about whether the government entity requested or received a percentage of the deduction from the contractor or other entities to whom the deduction was allocated; and

4. How the government entity used these funds, including information detailing the accounts the funds were deposited into and by whom.

The full letter can be read here.

The fifteen departments who received the letter are:

Department of Agriculture Department of Commerce Department of Defense Department of Education Department of Energy Department of Health and Human Services Department of Homeland Security Department of Housing and Urban Development Department of the Interior Department of Justice Department of Labor Department of State

Department of Transportation Department of Treasury Department of Veterans Affairs

The two agencies who received the letter are:

General Services Administration Environmental Protection Agency

Source: U.S. Congress Committee on Ways and Means

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