TAX CODE TERMINATION ACT
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TAX CODE TERMINATION ACT
(House of Representatives - June 17, 1998)
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H4654-H4677]
TAX CODE TERMINATION ACT
Mr. BUNNING. Mr. Speaker, pursuant to House Resolution 472, I call up
the bill (
H.R. 3097) to terminate the Internal Revenue Code of 1986,
and ask for its immediate consideration in the House.
The Clerk read the title of the bill.
The SPEAKER pro tempore. The bill is considered read for amendment.
The text of
H.R. 3097 is as follows:
H.R. 3097
Be it enacted by the Senate and House of Representatives of
the United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Tax Code Termination Act''.
SEC. 2. TERMINATION OF INTERNAL REVENUE CODE OF 1986.
(a) In General.--No tax shall be imposed by the Internal
Revenue Code of 1986--
(1) for any taxable year beginning after December 31, 2001,
and
(2) in the case of any tax not imposed on the basis of a
taxable year, on any taxable event or for any period after
December 31, 2001.
(b) Exception.--Subsection (a) shall not apply to taxes
imposed by--
(1) chapter 2 of such Code (relating to tax on self-
employment income),
(2) chapter 21 of such Code (relating to Federal Insurance
Contributions Act), and
(3) chapter 22 of such Code (relating to Railroad
Retirement Tax Act).
SEC. 3. NEW FEDERAL TAX SYSTEM.
(a) Structure.--The Congress hereby declares that any new
Federal tax system should be a simple and fair system that--
(1) applies a low rate to all Americans,
(2) provides tax relief for working Americans,
(3) protects the rights of taxpayers and reduces tax
collection abuses,
(4) eliminates the bias against savings and investment,
(5) promotes economic growth and job creation, and
(6) does not penalize marriage or families.
(b) Timing of Implementation.--In order to ensure an easy
transition and effective implementation, the Congress hereby
declares that any new Federal tax system should be approved
by Congress in its final form no later than July 4, 2001.
The SPEAKER pro tempore. Pursuant to House Resolution 472, the
amendment in the nature of a substitute printed in
House Report 105-580
is adopted.
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H4655]]
The text of the amendment in the nature of a substitute is as
follows:
Strike all after the enacting clause and insert the
following:
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Tax Code Termination Act''.
SEC. 2. TERMINATION OF INTERNAL REVENUE CODE OF 1986.
(a) In General.--No tax shall be imposed by the Internal
Revenue Code of 1986--
(1) for any taxable year beginning after December 31, 2002,
and
(2) in the case of any tax not imposed on the basis of a
taxable year, on any taxable event or for any period after
December 31, 2002.
(b) Exception.--Subsection (a) shall not apply to taxes
imposed by--
(1) chapter 2 of such Code (relating to tax on self-
employment income),
(2) chapter 21 of such Code (relating to Federal Insurance
Contributions Act), and
(3) chapter 22 of such Code (relating to Railroad
Retirement Tax Act).
SEC. 3. NEW FEDERAL TAX SYSTEM.
(a) Structure.--The Congress hereby declares that any new
Federal tax system should be a simple and fair system that--
(1) applies a low rate to all Americans,
(2) provides tax relief for working Americans,
(3) protects the rights of taxpayers and reduces tax
collection abuses,
(4) eliminates the bias against savings and investment,
(5) promotes economic growth and job creation, and
(6) does not penalize marriage or families.
(b) Timing of Implementation.--In order to ensure an easy
transition and effective implementation, the Congress hereby
declares that any new Federal tax system should be approved
by Congress in its final form no later than July 4, 2002.
The SPEAKER pro tempore. The gentleman from Kentucky (Mr. Bunning)
and the gentleman from New York (Mr. Rangel) each will control 1 hour.
The Chair recognizes the gentleman from Kentucky (Mr. Bunning).
General Leave
Mr. BUNNING. Mr. Speaker, I ask unanimous consent that all Members
have 5 legislative days in which to revise and extend their remarks and
include extraneous material on
H.R. 3097.
The SPEAKER pro tempore. Is there objection to the request of the
gentleman from Kentucky?
There was no objection.
Mr. BUNNING. Mr. Speaker, I yield myself such time as I may consume
to open the debate on this bill.
Mr. Speaker, the Federal income tax system is broken beyond repair.
We cannot tinker with it any longer and make it work any better. We
need to wholesale reform and totally overhaul the system.
There are two basic elements that are absolutely necessary for a
Federal tax system. It must be understandable, and it must be fair. As
it now stands, our Federal income tax fails badly on both counts.
Our Tax Code has become so complex that no one can understand it.
When tax experts cannot agree on how much an American taxpayer owes,
how can we expect the average taxpayer to understand it?
This complexity is expensive. It costs over $300 billion a year for
taxpayers to comply with the Tax Code. That is money that is totally
wasted. It does not benefit government or increase funding for
essential services. It does not benefit the private sector or create
investment, develop jobs, or improve the quality of life. It is just
money down the drain. It is a crime.
Our Tax Code is unfair. We have focused a great deal of attention
this year on the marriage penalty, but this is just one of hundreds of
inequities in the existing law.
Over the years, Congress has created a hodgepodge of loopholes and
arcane tax incentives, most of which were well-intentioned. But when
you take them altogether and weed them into a 5\1/2\ million word tax
code, it creates such a mess that only the very wealthy have the
ability to take advantage of them. That creates unfairness. As a
result, the American people have lost confidence in their tax system.
Incremental change is not enough. We have tried that. It has resulted
in failure and more complexity. We need real reform, a total overhaul
of the Tax Code. We need to restore that confidence.
That is what this bill is all about. It simply says that the sun will
set on the Internal Revenue Code as we know it on December 31, 2002. It
gives Congress 3 years to debate and develop a new tax system.
It would simply force Congress to do in a timely manner what we need,
no, what needs to be done, to pull the Federal income tax code out by
its roots and replace it with an income tax system that is fair and
understandable. This bill will help us do that. I urge my colleagues to
support and vote for
H.R. 3097.
Mr. Speaker, I reserve the balance of my time.
Mr. RANGEL. Mr. Speaker, I yield myself as much time as I may
consume.
(Mr. RANGEL asked and was given permission to revise and extend his
remarks.)
Mr. RANGEL. Mr. Speaker, this is a historic moment in the history
because of our Congress, because I do not think that we will ever live
to see a more irresponsible act committed by any Member of Congress.
I know that this is an election year and so some leeway has to be
given to the majority because, unfortunately, there is no institutional
memory of them having passed any legislation this year. Being a
politician myself, I can understand how they would like to capture the
voters' imagination by doing something dramatic.
But just to abolish the Tax Code, just to say that, by the year 2002,
no tax shall be imposed by the Internal Revenue code, what a gift to
give the American people. You will not have to pay any taxes until the
Republicans, and do not laugh, until the Republican majority comes up
with an idea as to how they are going to replace it.
Let us think this one out. Who has been in charge for the last 3
years? Who had the majority? Who had the opportunity, really, to
substitute this complex mess that they talk about? But rather than to
come together, as if that is possible, with some type of a meaningful,
fair tax code that would increase economic productivity for our great
Nation and to continue to propel the prosperity that President Clinton
has brought to us, they would rather just pull up the Tax Code by the
roots.
I assume that, while they are pulling it up by the roots, that this
800 pages of what they call a tax bill last year is mere fertilizer for
the Tax Code that they are going to bring to us. Where are these great
ideas that you have?
Should the American people not have some idea as to where do you meet
to come up with a new code? Years ago, Members would go to the
Committee on Ways and Means. Now we go to the Committee on Rules. We
have people just telling us what they are going to end, but no one is
there to tell us what they are going to start.
I have served on the Committee on Ways and Means for two decades.
Every year, we had a tax bill; some good, some bad. For the last 3
years, we have not had anything that is coming up that is new.
I want the Republicans to understand this, if they do not understand
anything at all, they are in charge. They have a majority. They have
the ability to call their troops together and vote for anything that
they want, whether it is good or, in most cases, bad. But for God's
sake, just with all due intention I did not bring the Bible, so I did
not mean to say that, but for goodness sake, do not end something
unless you tell the American people what do you intend to replace it
with.
We have business people that are planning now for the future. I would
want them to call their Congressman, but since this issue is not being
dealt with with the Congress, and since we do not know where the Tax
Code is going to come from, and since the Committee on Ways and Means
has lost jurisdiction, whoever meets with the Speaker should know what
he is going to come up with.
I would say, if people are planning for the future, whether they are
going to have bonds out there, whether the States are going to have
municipal bonds, where people want to know how to plan, call the
Speaker, because I think he has some good ideas that he will not share
with us.
Second, if you are a hospital, church, synagogue, charitable
organization, there is nothing in this bill that terminates that says
you are going to be protected. I know the Republicans are going to
protect them, so do not be afraid, but ask them how are they going to
be protected.
If we own a home and we have mortgage payments and we have been
deducting them, we can deduct until the year 2000, and then we do not
have to deduct anymore.
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Now, I do not know what happens, but we can call the Speaker and he
will tell us what plans he has for mortgage deductions. And I tell my
colleagues that, as complicated as this bill is, as bad as the
Republican passed tax bill is, at least we know what we got. The fear
is what are they going to come up with when for 3 years they have not
even come up with a good idea.
So I do hope that in the course of this debate that someone would
come up with some kind of a plan that would give us some idea as to
what they are going to fill this vacuum with. But I think killing the
IRS, pulling it up by the roots, that the American people deserve
better than just a bumper sticker.
And if people do not like paying taxes and they think this is the
solution, then I beg the Democrats in the minority, if they can just
pass a law to keep us from paying taxes, why can we not pass a law to
stop people from paying their debts? Why not? And if we do not like
that, let us pass a law to terminate cancer. Let us think of something
more exciting than our irresponsible brothers and sisters over here,
and we will just say that if anyone votes against it, it means they
support cancer; if they vote against it, they support paying back
debts.
I am ashamed that this is happening in the House, but I know the
United States Chamber of Commerce and the local Chambers of Commerce
around this country will study this termination bill and I hope we hear
from them much before the election.
Mr. Speaker, I reserve the balance of my time.
Mr. BUNNING. Mr. Speaker, I yield 2 minutes to the gentleman from
Oklahoma (Mr. Largent), one of the authors of the bill, to respond.
Mr. LARGENT. Mr. Speaker, the previous speaker got one thing right,
this is an historic moment. Understand, no one likes to be forced to do
anything. My children do not like to be forced to make their bed and
Congress certainly does not like to be forced to do anything. This bill
simply does that, it forces Congress to quit talking about
comprehensive tax reform and actually do something about it.
And I would suggest to the previous speaker that maybe the reason he
is in the minority and not in control is because it was his side that
gave us this, the 6,200 pages that we currently know as the tax forms
and instructions about how to file our tax returns today.
And the gentleman is also right about another thing. The way it has
always been done before is to go to the Committee on Ways and Means, in
a small room in the back, and a few people decide about what the Tax
Code should look like for the American people. What we are trying to do
is to include all of the American people in the debate and in the
discussion and in coming up with a comprehensive tax reform that is
written not by a few people on the Committee on Ways and Means but is a
consensus opinion of the American people and the business people in the
communities around the country, the people that are suffering through
5.4 billion hours filing their tax return every year at a cost of
somewhere over $200 billion just simply to comply with the current Tax
Code.
So the gentleman is right, we are trying to do it differently, we are
trying to make sure it does not happen in the Speaker's room or in the
Committee on Ways and Means but in the living rooms of the American
people in this country, where they have a voice in the way their
government writes a new comprehensive tax law.
Mr. RANGEL. Mr. Speaker, I yield myself 1 minute to say to the
distinguished gentleman that he keeps referring to that pile there as
being something that has been put together by the Democrats. When we
had a debate on the rule, I thought he said that this 800 pound tax
document was passed by the Republican majority and he voted for it. So
I would be glad to go over there and just put this on that pile.
The second thing is that, we do not have to be another tax expert to
know that the Congress should not be having to be forced to do
anything. The majority should not have to force themselves to be
responsible. All they have to do is take their consensus from the
people and pass a decent, respectable, fair and equitable progressive
tax bill. They should not force themselves to do it; just do the right
thing.
Mr. Speaker, I yield 3 minutes to the gentleman from California (Mr.
Stark).
Mr. STARK. Mr. Speaker, I thank the gentleman for yielding me this
time.
We have talked today about the asininity of this bill, the sheer
folly, the sophomoric sort of approach. I guess I would remind the
people that it is the Republicans that shut down the government several
times because they were unable to come up with a budget. I would
challenge any Republican who has an idea, much less an idea of what
they would do just in the oft chance they fail to come up with a bill.
And even if they were to come up with a bill, they are not telling us
what happens, say, in health care, an issue which they postulate a good
bit about and posture about. The Armey flat tax bill, which they might
choose, imposes tax penalties on employers that provide health care
benefits to their employees. The Tauzin retail sales tax bill imposes a
sales tax on people when they pay for health insurance and health care.
I wonder if that is what they intend to do.
The Republicans voted to increase the rate at which self-employed
people could deduct their health care. This will end that. I presume
that they really do not care, as they have not in the past, about
providing health care to the 45 million uninsured. I am sure that they
do not want to help employers pay for it, because I think they are
indifferent.
I am not sure that anyplace in the King James version of the Bible it
suggests that employers should pay for health care benefits or that we
should insure people. Therefore, some Republicans will tend to ignore
the suffering that people have for lack of health care. The basic fact
is that this is sheer irresponsibility, obviously drafted by people
with no understanding of business or the Tax Code or economics, some
things that are important to having the country's economy function.
One of the things that many of my colleagues on the Republican side
have been very assertive of is States rights. But what they do not
understand is that this would also destroy many States' ability to
raise any revenue. Many States that have an income tax parallel or
mirror the Internal Revenue Code. And if in fact, as their bill
suggests, we would stop collecting funds in the year 2002, we would,
therefore, put these States out of business. And we would not have,
obviously, any Federal money to support them. So they are impacting
many States. The unintended consequences of this bill are legion.
So that I want to remind my friends and colleagues that no one
suggests that we should not reform the Tax Code. The last major reform
was led by Ronald Reagan, at his insistence. Much of what is stacked
over on that table was Ronald Reagan's suggestion, which we passed. And
it was not a bad bill, I might add. Now, we have no bill and we have a
nonsensical campaign bumper sticker, and I hope we vote it down and do
not see this kind of embarrassing legislation brought again.
Mr. BUNNING. Mr. Speaker, I yield 3 minutes to the gentlewoman from
Washington (Ms. Dunn).
Ms. DUNN. Mr. Speaker, after serving on the House Committee on Ways
and Means for the past 3\1/2\ years, I am continuing to be amazed by
the outrageous provisions that are involved in our current income Tax
Code. In no small part, many of these provisions that are a function of
the Tax Code have spiraled out of control. The irony is that while our
Tax Code has just about 7 million words, it lacks two regular words,
and those words, Mr. Speaker, are common sense.
The current income tax system is far too complex and it is a source
of utter frustration for millions of hardworking Americans and for
their families. Over the past few years I have heard from thousands of
constituents in my district alone and they have talked to me about
hundreds of problems they have experienced with the system of taxation.
A common theme, as we all know, has been the intrusive nature of the
Internal Revenue Service. I believe it is time for this issue to be
brought out of America's kitchen and on to the committee calendars of
the Congress.
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Money magazine last year reported that not one of 45 professional tax
preparers could accurately compute a hypothetical family's tax return.
Fewer than one in four came within even $1,000 of the correct figure.
How can we expect average citizens to comply with a code when licensed
professionals, who have spent years studying the system, cannot even
get it right.
Not only this, but the cost of compliance for the average family is
horrendous. Each year Americans devote 8 to 10 billion hours complying
with our Tax Code. This amounts to over 5 million Americans working all
year long, the equivalent of the entire work force of my State,
Washington State, of Iowa and Maine. The cost of complying totals about
$200 billion annually, or $700 for each, man, woman and child in
America.
These are just the numbers associated with following the law. The
income tax system involves a number of other costs, including those
associated with enforcement and collection, as well as the cost of tax
litigation.
Sunsetting the code will work. President Clinton described this plan
as reckless or irresponsible. Actually, as the President should know,
it is common practice. Major Federal Government programs, such as
spending on highways, education and agriculture, regularly expire and
are rewritten in 5-year increments. This is a strategy also used by the
States, who understand that change will not occur unless they break
through the gridlock. This is exactly how this legislation to sunset
the Tax Code will work.
There is a national debate going on outside the Congress, Mr.
Speaker, on the direction of the Tax Code. We have a terrific
opportunity here today to improve the Federal system of corporate and
personal income taxation in a manner that will both significantly
improve the economic performance of our Nation and substantially reduce
the compliance and administrative burden on American families. By
scrapping this code, we will bring this debate into focus and force
ourselves to discuss this issue. I urge its support.
Mr. RANGEL. Mr. Speaker, I yield 3 minutes to the gentleman from
Washington (Mr. McDermott).
(Mr. McDERMOTT asked and was given permission to revise and extend
his remarks.)
Mr. McDERMOTT. Mr. Speaker, it is really hard to come down here and
be serious about this kind of thing. No one likes to pay taxes, no one
likes to have to sit down once a year and send money to the government
to run it, but what we have today, in an effort to tap voter discontent
by the Republicans, is a cheap campaign prop. This is a bumper strip we
are doing today, that is why it is only about two sentences long.
In order to take this seriously, we have to go back to a satirist who
used to write for the Baltimore Sun by the name of H. L. Mencken. H. L.
Mencken called the American public ``Boobis Americanus''. That is, they
are all stupid. Now, in order for my colleagues to come with a bill
like this, they have to think the American people are stupid; that they
simply do not know what is going on. If we say to the American people
that right now we spend $1,200,000,000 and we are going to wipe all
that out and we are going to get it from somewhere else; now, where are
they going to get it from? The moon? Or from somebody else? This sounds
like a bill based on the Senator Long theory of, ``Don't tax you, don't
tax me, tax that guy behind a tree.''
The American public knows there has to be a Tax Code if we are going
to have the kinds of goods and services that we want in this country:
Social Security, Medicare, highways, national defense. My colleagues
are not going to get rid of the money. They simply are creating the
illusion for people that they will come up with a Tax Code that will
not tax them, it will tax somebody else.
Well, how stupid do my colleagues think the American people really
are? They know that their deduction for their interest on their house
they get now. My colleagues are not guaranteeing them anything on their
house. My colleagues are not guaranteeing that their employer can
deduct paying for health care for them. The average employer today, if
he spends $100 on health insurance, actually costs him $65. If we
repeal the code, it costs $120.
Now, I know my colleagues will say, oh, we are going to take care of
that. Well, if my colleagues are going to take care of it, why do they
not put a proposal out here to simply say that they are going to wipe
out the code and come back some day, some uncertain time?
The gentleman from California (Mr. Stark) raised another issue which
my colleagues really are not thinking about. The Republicans are
creating chaos in this country, in the business community planning. No
businessman can plan 3 years out.
{time} 1300
The problem with us is we plan 2 years out. Business plans 5, 10, 20.
They want chaos. This is a bad piece of legislation.
Seeking to tap into voter discontent about the complexity of the tax
code, the Republican leadership today is disregarding the major issues
confronting our nation in order to turn the House Floor into a cheap
campaign prop. So while this bunch wastes your tax dollars by ranting,
raving and campaigning about how they want to ``rip the tax code up by
its roots''--without having any idea what tax system they want to
replace it with--I am going to talk about what impact this rhetoric
will have on real people. In particular, what this extremist
legislation will mean to the ability of Americans to purchase
affordable health care.
Before I begin, it is important to note that the same people in the
Republican majority currently peddling this ``scrap the code''
rhetoric, just last fall voted to add hundreds of new pages to the tax
code and a myriad of new complex tax computations. Because of last
year's tax law, this bunch added 35 new lines alone to taxpayers
capital gains tax forms. So, keep that in mind that when you hear this
bunch talk about tax simplicity--they are the ones who 6 months ago
made the tax system a whole lot more complex.
Most disturbing in their ``scrap the code'' rhetoric is the proposal
to establish a rhetorically pleasing, yet critically flawed ``flat
tax.'' This plan is often criticized because of its substantial revenue
losses, its unfair redistribution of the tax burden, and its
elimination of subsidies for home ownership.
This push for the flat tax may help Republicans at the polls, but for
the millions of American workers who need affordable health insurance,
the flat tax is disastrous. While not necessarily ``news'' to the 42
million uninsured and the 29 million more who are underinsured in this
country, there is no question that the group of workers and early
retirees who will get hurt by the flat tax are the same ones who are
currently being threatened by rising health costs in this country.
A recent study by the National Coalition for Health Care found that
between 1985 and 1997, the cost of health care doubled and it is
expected to double again in the next decade. Next year alone, health
premiums are estimated to rise between 5 and 10 percent--a rate at
least twice that of the increase in benefits and wages. The number of
uninsured in this country will exceed 42 million next year and by 2005,
it is estimated that one in five Americans under the age of 65 will be
without health insurance.
The impact passage of the flat tax will have on worker's health
insurance would be devastating. Under current law, there are
substantial income tax incentives for employer-provided health
benefits, with additional tax-benefits available to the self-employed
who purchase health insurance. Employer-provided health benefits are
exempt from income tax, Social Security, and Medicare employment taxes.
For example, under the current system, the after-tax cost to an
employer that provides $100 in health benefits to their employees is
$65. Yet, the flat-tax plan destroys this health insurance incentive by
increasing the employer's after-tax cost to $120.
Under the flat tax's domestic business tax, amounts paid for non-cash
fringe benefits, such as health care, are not deductible. As a result,
the plan would impose an onerous tax penalty on employers providing
health benefits. This legislation goes a step further by including a
new tax on tax-exempt charitable organizations and Federal, State, and
local governments equal to 20 percent of the amount paid for health
benefits for their workers.
Health benefits to retired workers will also decline. Many companies
have large and burdensome liabilities for retiree health benefits and
in recent years, those same companies have tried to limit benefits.
The likely response from employers to the flat tax's tax penalties
will be a significant reduction in health care benefits available to
its current, future, and retired workers. Just last year, MIT economist
James Poterba warned that ending the tax preference for employers who
provide health insurance would cause the number of American families
without health insurance to increase by 20 percent!
In fact, such a decline in employer-provided health benefits should
not surprise anyone familiar with the history of the flat tax.
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When the Kemp Commission first proposed adoption of the flat tax,
even the Health Insurance Association of America--the same group that
spent millions of dollars to kill expansion of health care coverage in
1994 and is on the verge of spending millions more to kill managed care
safeguards--warned ``one of the unintended consequences of eliminating
the exclusion for health insurance premiums is likely to be a rapid
increase in the number of people without private health insurance
coverage.''
If you want to terminate the tax code, it is vital that you
understand the ramifications of each remedy. There's no question that
ripping away crucial tax incentives will increase the cost of health
care in this country.
I find it amazing that instead of finding ways to improve the
quality, affordability, and availably of health insurance, the Majority
is using its control of Congress to make America's health care problems
worse.
Before you jump on the ``scrap the code'' bandwagon, think, for a
second, abut what this legislation will mean to the affordability of
health car for America's workers, their families, and their employers.
Unfortunately, it's clear form this debate that all this bunch is
interested in doing is devaluing the legislative process of our
democracy in order to create a simplistic bumper-sticker slogan in time
for November's elections.
Mr. BUNNING. Mr. Speaker, I yield 2 minutes to the gentleman from
Pennsylvania (Mr. English).
Mr. ENGLISH of Pennsylvania. Mr. Speaker, I thank the gentleman for
yielding me the time.
Mr. Speaker, our tax system hangs like an albatross around the neck
of the American taxpayer, stifling savings and productive investment,
and arbitrarily punishing or subsidizing activity and making the
process of paying taxes nightmarishly complex even for those of modest
means.
In my view, the time has come to replace our current tax system. But
we will never do it unless we overcome the inertia of the legislative
process, unless we override the influence of the entrenched special
interests who have a stake in the complexity of the Tax Code and who
savor gridlock on this issue, and unless and until we force the issue
and put everyone's feet to the fire.
We propose to do that today. I rise in strong support of the Tax Code
Termination Act, legislation that will finally give American taxpayers
a solid time line for fundamental tax reform.
Mr. Speaker, I have been a strong advocate of replacing our current
Tax Code with a system that is fairer, radically simpler, eliminates
the bias against savings, and will allow the U.S. to be more
competitive internationally. I am prepared to accept the challenge of
the gentleman from California to put forward my proposal this year. But
replacing the Tax Code will be an enormous undertaking, and the time
line for consideration should not be put off one more day.
I challenge my colleagues, if they do not believe we can replace the
current Tax Code with something simpler and fairer that will meet the
needs of the American public, then vote against this bill. If they feel
that any tax reform inevitably is going to be an improvement, as I do,
vote for this legislation and put our feet to the fire.
Mr. RANGEL. Mr. Speaker, I yield 3 minutes to the gentleman from
Maryland (Mr. Cardin).
Mr. CARDIN. Mr. Speaker, I rise in opposition to the current Tax Code
and in support of comprehensive reform of our Federal tax system.
I, too, agree that our Federal tax system is too complex, it is not
efficient, it costs our taxpayers too much to comply with it, it is not
sensitive for savings, we rely too much on income taxes. But the
legislation before us is one of the strangest notions I have
encountered in the 12 years I have served in this body.
The bill is a result of frustration in our current tax structure, and
it tells a Congress in the future to do something about it. We have had
4 years under Republican leadership to try to do something about our
Tax Code. In this term, I thought we were going to do something.
Last year, in a bipartisan way, we joined Democrats and Republicans
to reform the Internal Revenue Service. We thought that bill would pass
last year. It is still lingering within a conference committee. If we
want to do something, why are we not using the time today to at least
reform the IRS and deal with the tax collecting agency? But instead,
no, we are debating some myth about what we are going to do in the
future. It is outrageous.
It is not even a fig leaf. We have not had a hearing on this
proposal. We do not know what it is all about. Why are we not debating
specific proposals on this floor?
Mr. Speaker, yesterday in the Baltimore Sun, my local paper, I
authored an article about why I thought a VAT tax is better than a flat
tax and why we do not need a corporate income tax and we should be
encouraging more savings. Why are we not having that proposal on the
floor today and debating? Why is the Republican leadership not giving
the American public real reform rather than bringing up a hope of what
is going to happen 4 years from now, causing all types of panic about
people trying to plan for their futures.
People are trying to figure out how to save for their retirement.
They want to know what the tax rules are going to be. And we are going
to tell them, we are going to change them, but we are not going to tell
them what it is going to be? How irresponsible. How wrong.
Use the time we have. This schedule this year has been embarrassing.
We have not been here most of the time. Why are we not using the time
this year to have a serious debate on tax reform rather than bringing
up this sham?
It is wrong. They know it is wrong. This is not the right way to go.
I urge my colleagues to defeat the bill.
Mr. Speaker, I rise in opposition to the current tax code, and in
support of a real debate on comprehensive reform of the federal tax
system.
The legislation before us is one of the strangest notions I have
encountered in the twelve years I have served in this House. The bill
is the result of frustration with the current tax system. Normally,
when members of Congress seek to change existing law, they introduce
legislation to make the changes they support.
But this bill doesn't do that. We are here, in the 105th Congress,
debating a bill that says that the tax code is such a mess that the
107th Congress should do something about it.
That's not a serious proposal for simplifying the tax code. Instead
of real tax reform, it is just an empty promise.
Yesterday, the op-ed page of the Baltimore Sun, my home town
newspaper, printed my article titled ``Why a VAT tax is better than a
flat tax.''
The article presented my view that we should replace the existing tax
code with a broad-based consumption tax, and relieve 75 million
Americans of the burden of the individual income tax. I support repeal
of the corporate income tax. Some members of the House will agree with
my position; others will disagree.
We should begin this debate now, rather than putting it off until the
year 2002. We need to reform the tax code, and when we have done our
jobs, and written a tax code that does not punish the American people,
I will be proud to join in voting to sunset the existing code. Until
then, Mr. Speaker, this process is nothing but talk.
Mr. BUNNING. Mr. Speaker, I yield 2 minutes to the gentleman from
Texas (Mr. Sam Johnson).
(Mr. SAM JOHNSON of Texas asked and was given permission to revise
and extend his remarks.)
Mr. SAM JOHNSON of Texas. Mr. Speaker, we have had hearings, and 2\1/
2\ years ought to be long enough for the people of the United States to
speak and determine what tax they want.
The current Tax Code is complex, confusing, corrupt, costly,
coercive, and a lot of other Cs that I cannot think of. But so far
there is a lot of talk and no action. When it comes to tax reform, a
sunset date will force us to take action and relieve the American
taxpayer.
We ought to also repeal the 16th Amendment of the Constitution, and I
have introduced a bill to do such a thing, the Tax Freedom Act. It
outlaws Congress' ability to collect taxes on income except in time of
war. Both these bills accomplish one common goal. No matter whether you
support a flat tax, consumption tax, value-added tax, national sales
tax, blue, black, brown, whatever, the common goal is replacing the
current complicated Tax Code.
Fundamental and comprehensive tax reform will be one of the most
profound changes this Nation experiences this century. The Tax Code
Termination Act brings us one step closer to achieving that change and
restoring freedom to the American taxpayer.
Americans want, need, and deserve to get rid of IRS oppression. We
have been
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talking about tax reform for years. Mr. Speaker, it is time to quit
talking and start action, and this bill does just that.
Mr. RANGEL. Mr. Speaker, I am reminded that when Dr. Frankenstein
created his monster, he went immediately to trying to get rid of it.
And, so, as the Republicans pass this tax bill, this is the same bill
they want to pull up and pull up by the roots.
Gentlemen, it is your bill. Do with it what you want.
Mr. Speaker, I yield 3\1/2\ minutes to the gentlewoman from
Connecticut (Mrs. Kennelly).
Mrs. KENNELLY of Connecticut. Mr. Speaker, I rise in strong
opposition to this legislation to terminate the Internal Revenue Code
without replacing it with a system that is fairer, that is simpler, and
encourages economic growth.
I come from a State, a small State, Connecticut. But in that State,
we have 18 of the Fortune 500 companies. Now, I can just imagine a
conversation between a CEO and a board of directors when they hear that
this bill is passed, because he or she would have to explain to the
respective boards of directors how millions, and in some cases
billions, in assets will disappear from their corporate balance sheets
because of this legislation.
The chief financial officer will have to explain there is nothing
that can be done to prevent this because the Congress passed a bill to
eliminate the Code and did not replace it with anything. And as a
result of this bill, excess foreign tax credits would disappear,
reducing the company's net worth.
As we all know, foreign tax credits are carried as assets in today's
corporate balance sheets. As a result of this bill, the corporate
alternative minimum tax credit carried forward would disappear,
reducing the company's net worth. Of course, as we know, the corporate
alternative minimum tax credits are carried as assets on today's
balance sheets.
And as a result of this bill, research and experimentation credits
would disappear, because as we know, R credits are carried as assets
and those would just go away.
As a result of this bill, deferred tax assets representing retiree
health obligations would disappear, reducing the company's net worth.
Not to mention providing retiree health benefits would then disappear
because they could not write them off.
The Financial Standards Accounting Board happens to require companies
to charge retiree health obligations against current earnings. Retiree
health obligations are deductible when actually paid. These deductions
carried on today's corporate balance sheets are deferred tax assets.
They would disappear.
And as a result of this bill, operating loss carried forward would
disappear, reducing the company's net worth. Net operating loss carried
forward are carried as assets on today's corporate balance sheets.
Unfortunately, many of these CEOs are going to find themselves
explaining more than one of these things. In a few cases, the loss of
the impact on these changes on the balance sheets could result in a
profitable company losing all their positive net worth. Because this is
the fact of the Code as it exists today, and if we do not replace it
with something, all these things happen.
I thought the majority in this Congress was opposed to takings. But,
as I read this list, I guess not. But it gets worse.
While the CEO needs to explain to the board that the business plan is
no longer operative, the small businessman finds he is facing the same
problem. A businessman or businesswoman would have to realize the rate
of return on capital can no longer be projected.
She has no idea how the company should calculate labor costs. She has
no idea how to determine the most efficient financing mechanism for the
new building that they will have purchased. They have no idea of the
period over which the new equipment could be depreciated. I wonder how
many CEOs would lose their jobs or how many small businesses would go
out of business.
It is because of these concerns, very real concerns, and I have been
on the Committee on Ways and Means for now 13 years, that the National
Association of Manufacturers are opposed to this bill.
The Internal Revenue Code is far from perfect. We all know it. But if
we are going to eliminate it, replace it with something that is
simpler, fairer, and encourages economic growth. That is all we ask
today. Do the whole job, not just half of it.
Mr. BUNNING. Mr. Speaker, I yield 3 minutes to the gentleman from
Colorado (Mr. Dan Schaefer).
(Mr. DAN SCHAEFER of Colorado asked and was given permission to
revise and extend his remarks.)
Mr. THOMAS. Mr. Speaker, will the gentleman yield?
Mr. DAN SCHAEFER of Colorado. I yield to the gentleman from
California.
Mr. THOMAS. Mr. Speaker, if we would listen to the gentlewoman from
Connecticut (Mrs. Kennelly), who just spoke, what we would have to
believe is that the business world did not exist prior to the invention
of the Internal Revenue Tax Code; that corporations offer health care
only because they get a tax deduction; without the tax deduction, there
would be no compassion on the part of the owner to the worker; and that
all of the complications that a CEO would have to deal with, in fact
jeopardizing their job, are essential to running a business.
What in the world did business do before there was an Internal
Revenue Service?
Mr. DAN SCHAEFER of Colorado. Mr. Speaker, during my 15 years here in
the House, literally thousands of taxpayers have contacted me to
express their frustration with the current code that we have.
The Tax Code is so complicated that even those who call themselves
tax experts cannot figure it out. Let me give my colleagues a good
example.
Last November, Money Magazine gave 45 accountants nationwide a
financial profile of a fictional family and asked them to prepare a
hypothetical tax return. Not only did all 45 come up with different
answers, but the computed tax liability ranged from $36,000 to $94,000.
No one knows whether they are illegal or not illegal anymore when
they file their returns. Today, the average family pays more in taxes
than it spends on food, clothing, and shelter combined. As a whole,
Americans will spend at least $200 billion and over $5 billion
complying with the income tax this year alone. This is more time than
it takes to produce every car, truck, and van in the United States each
year.
Tracking all this paperwork requires the Internal Revenue Service,
five times larger than the Federal Bureau of Investigation. And unlike
the FBI, the IRS's power is nearly absolute. It may search our property
and records without a court order. And although both the House and
Senate have overwhelmingly passed substantial IRS reform bills, I do
not believe that that alone will prove successful.
Over the past several years, I have talked to audiences nationwide
about the case of replacing the Federal income tax with a national
sales tax. Two years ago we introduced the National Retail Tax Act of
1996, and just last year reintroduced it again in
H.R. 2001. This
legislation is going to abolish the IRS completely, eliminate corporate
taxes, gift taxes, capital gains tax, inheritance taxes, gift taxes,
and all excise taxes unless they are tied to a trust fund.
I think this is the way to do it. Let us for once take the power of
taxation away from Congress, give it to the American people, and let
then decide. And once and for all, let us eliminate 8,000-plus pages in
the Tax Code and replace it with a Tax Code that is going to say April
15 is another bright, spring day.
Mr. RANGEL. Mr. Speaker, I yield 2\1/2\ minutes to the gentlewoman
from Michigan (Ms. Stabenow).
Ms. STABENOW. Mr. Speaker, I rise today to urge a no vote on the
bill, but to first indicate that I have voted for IRS reform that we
are still waiting to pass this Congress. I support real tax reform. And
I would even support a deadline if there were alternatives proposed by
the other side, by the majority, that were good for hard-working men
and women in my district.
{time} 1315
Mr. Speaker, before coming to Congress, I served for 16 years on the
tax and finance committees in the Michigan legislature. I supported and
sponsored numerous tax cut bills. But in
[[Page
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each case, they were making things better for the middle-class
families, family farmers and small business people that I represented.
Unfortunately in this case, the alternatives proposed by the majority
are even worse, even more unfair than the current system. For instance,
a national retail sales tax, which is also a use tax on professionals
and entrepreneurs, would, according to the tax analysts, raise the cost
of buying goods and services something close to 30 percent when all is
figured. Houses, cars, food, prescription drugs for our senior
citizens, on and on. Insurance premiums. It goes on and on. In addition
to that, it would tax doctor's visits. It would tax accountant's
visits. It would create a situation where every small business person
and entrepreneur in my district, every professional, would have to
become a tax collector. I do not call that better than what we have
right now. Let us really fix it and really do something that is better
by proposing a real alternative. In addition, the flat taxes that have
been proposed by the other side just shift from wealthy individuals to
the middle-class families in my district.
Mr. Speaker, I want to see something simpler. I want to see reform.
But let us do it in a way that does not involve the proposals coming
from the other side which are not good certainly for the people that I
represent in Michigan.
I would urge a ``no'' vote on the bill. I would urge my colleagues
instead to do what we did last year. Let us join together in a
bipartisan way. We passed a balanced budget amendment. We passed tax
cuts last year. Let us join together and create real reform for the
real hard-working families, middle-class Americans that deserve the
relief in this country.
Mr. BUNNING. Mr. Speaker, I yield 2 minutes to the gentleman from
Minnesota (Mr. Peterson).
Mr. PETERSON of Minnesota. Mr. Speaker, I rise today in support of
the Tax Code Termination Act. I have been in favor of scrapping this
code and starting over for a long time. I am one of the few Members of
this body that is a certified public accountant that has actually done
tax returns for a living and have lived with this code for a long time.
This Congress, under both parties, has contributed to this problem.
The people on my side of the aisle might have a good point. I say to
them that if they do not like this method of trying to get at this
problem, then put something else forward.
I think it makes sense for us to come up with a date certain. We did
that when we balanced the budget and it helped us focus our attention.
We have a date certain on when we are going to overhaul this Tax Code.
I think it helps us. But, as I have said, I have been for reforming
this system ever since 1986 when, under the guise of tax
simplification, we passed a bill which I think was arguably the worst
piece of legislation that has ever been passed in this Congress. We
made it worse in 1990, and we made it worse last year when they passed
the 1997 tax act to the point where my partner, who is still doing tax
returns, told me this weekend that this is so complicated that he does
not think he can any longer do a tax return by hand. The only way he
can do a tax return is if he has a computer to be able to make all
these computations and go back and forth.
Mr. Speaker, this code has gotten completely out of hand. It needs to
be simplified. It is not happening under the current process. I am not
sure this is the best process in the world but it is the only thing we
have in front of us today. I am in favor of overhauling the code. I
think the way we do that is we start from scratch, with a clean slate,
and then try to build up something that is simpler and makes more
sense. I support this bill and encourage everybody's support.
Mr. RANGEL. Mr. Speaker, I yield 3 minutes to the gentleman from
Wisconsin (Mr. Kleczka).
Mr. KLECZKA. Mr. Speaker, I rise in strong opposition to the proposal
today; however, I do support simplifying the Tax Code.
Mr. Speaker, what we are involved in this afternoon is a new form of
roulette. This afternoon we are playing Gingrich roulette. I say to all
Members, it is a most dangerous game.
Mr. Speaker, I happen to serve on the Committee on Ways and Means.
This bill comes before us with no hearings, no committee deliberations,
no contingency plans should we not have a new Tax Code ready by July 4,
2002. So what we are doing is we are just shooting in the wind, hoping
that Congress can develop a whole new Tax Code that is better than the
current system.
Let us talk about the current system for a moment. The gentleman from
Oklahoma brings forth the 6,000 pages that he claims to be the Tax
Code. Where does he think that came from? How many pages of that Tax
Code give tax relief to my constituents? Oh, some do. There are some
child credit tax provisions in there, there are some earned income tax
credit provisions in there, but know full well the bulk of that
document you have before the House today is there for the benefit of
the moneyed special interests in this country.
How many pages did Ronald Reagan and his 8 years add to the Code? Of
the 6,000, I will bet 2,000. How many did President Bush and his
administration add to the Code? Probably more than one thousand. But no
Republicans are coming up and decrying those enormous and complex
additions to the Tax Code. Why? Because all that is good Tax Code. It
is good Tax Code because many of those provisions apply to your
constituents.
While I am talking about your constituents, let me congratulate you
on a very successful fund-raiser last night. Mr. Speaker, I am told
that you folks raised in excess of $10 million last evening alone. All
the wealthy people that showered you with that money were there because
they were crying out for tax fairness? Who do you think you are
kidding? Those folks who pumped $10 million into the coffers of the
Republican Party are part and parcel of that Tax Code. And their
presence last night to eat your chicken was a hearty thank-you. But now
you stand before us cleansed and pure decrying, ``We don't like the Tax
Code because it is too complex and too unfair.'' But what are you going
to tell the folks when you go to your parades on July 4 and you see
their little Johnny or Jane and you hug them and say, ``Your family
will get an extra $400 for each of them because we passed a child tax
credit for you.'' They say, ``Yeah, but you also passed this bill that
will take the credit away from us. What's going to happen to the child
credit in 2002?''
``I don't know.''
How about the home mortgage deduction? Every constituent of yours
that owns a home wants that deduction retained. They may ask the
gentleman from Oklahoma, ``What is going to happen in 2002 with that?''
``I don't know.''
Mr. Speaker, I do not know what you guys are doing here today. But,
again, congratulations on the $10 million fundraiser last night. You
did a good job.
Mr. BUNNING. Mr. Speaker, I yield myself 15 seconds. It is better
than taking money from the Chinese government.
Mr. Speaker, I yield 2 minutes to the gentleman from Washington (Mr.
Metcalf).
Mr. METCALF. Mr. Speaker, this legislation defines the Republican
commitment to reduction of the tax burden on working Americans and
thereby taking a mighty step toward ensuring a brighter future for
people of all income levels.
I am proud to be an original cosponsor of the Tax Code Termination
Act. This legislation will provide for the abolition of the current
unfair and burdensome Tax Code by 2001. This legislation does not
carelessly abolish our current structure. Instead, the legislation
requires the enactment of a replacement code by Independence Day, and
that is a fitting day for this, 2001, that will be a fairer, simpler
tax and reduce the tax burden on all Americans.
Mr. Speaker, the current Tax Code has simply become too big and too
complex to correct. You cannot fix it. All Members of the House should
join us to replace the current Tax Code with a system that is fairer,
less complicated and takes less money from working Americans.
Mr. RANGEL. Mr. Speaker, if there is anybody in this body that knows
of anyone that has taken money from the government of China, they would
be aiding and abetting and involved as an accomplice in a felony unless
they reported it to our Attorney General.
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Mr. Speaker, I yield 3 minutes to the gentleman from California (Mr.
Matsui).
Mr. MATSUI. Mr. Speaker, I thank the gentleman from New York for
yielding me this time.
Mr. Speaker, it is really hard to take this whole issue seriously
this afternoon. We all know that it is not going to become law. It is
going to pass out of the House but the Senate will not take action on
it. That is why we are not seeing lobbyists clamber down on Capitol
Hill. That is why we are not seeing letters to the editor. That is why
we are seeing no stories in the major newspapers throughout the
country. This is really a political opportunity for one of the parties.
This is not going to become law. So it is really hard to get
particularly pushed out of shape or excited or concerned about this. It
is just not going to become law. Because the reality of the situation
is that those that are advancing this particular proposal really in
1997 added thousands of pages to the Tax Code. In fact, we have added
in 1997 when the Republicans were in control of the Congress 285 new
sections to the Tax Code, 824 new amendments to the Tax Code. This is
just in 1 year. There are now five ways, five separate ways to do
capital gains. In fact, Schedule D, which had 23 lines, now has 54
lines, and it really does take H Block to really figure it out. The
average person cannot do their taxes. Most of them do not have capital
gains so they do not have to worry about it. In addition to that, there
are now two different way to do IRAs, a back-ended way and a front-
ended way. In addition, you can convert over, but you better make sure
you understand your economic situation before you do.
We also have a number of different ways either to take a credit or a
deduction if you are a student. Should the student take it? Should the
student's parents take it? Should the grandparents take it? We have
really added complexity to the Code. The 1997 bill was probably the
worst tax bill the United States has ever had, because it added more
complexity to the Code than we have had in the last 25 years. And so
this is not a real exercise in good government. This is really a show
game.
I have to say that if it were taken seriously, I think people in this
country today would be really concerned. You would have to say, shall I
buy a house because I get a deduction on my home, and that is an
incentive, that reduces my taxes. But obviously if we changed the Code
or the Code is eliminated in 3 years, I may lose that deduction and all
of a sudden I might not be able to make my monthly payments on my other
expenses. But no one is saying that, because this is not a serious
effort. It is really a shame. We are going to be in until midnight
tonight and we are not going to take any really substantive action. The
irony of it is that we have 13 appropriations bills that are supposed
to pass, we have a budget, but we do not have it out of the House yet.
Not one appropriations bill has been taken to this body. There has been
no budget reconciled between the House and the Senate. It was supposed
to be done on April 15. Here we are at June 17, 2 months later. It is
amazing. It is absolutely amazing that we are wasting our time engaged
in this kind of activity that has no relevance, no value and certainly
it is something that is a political exercise that I think the American
public will eventually get disgusted with.
Mr. BUNNING. Mr. Speaker, I yield 2 minutes to the gentleman from
Texas (Mr. Hall).
(Mr. HALL of Texas asked and was given permission to revise and
extend his remarks.)
Mr. HALL of Texas. Mr. Speaker, I want to be logical about this. I
have thought a lot about it. I rise today in support of the Tax Code
Termination Act. I rise at a time when we are doing better. We are
doing better from the standpoint of economics. You can sell a piece of
property now. People can find a job. We have got the lowest inflation.
We have the lowest unemployment. Knowledgeable economists have told us
that we have the best economy we have had since the late 1940s and
early 1950s when we had the strongest financial position and strongest
geopolitical position in the history of this country. So I guess you
have to ask, why? Why are we where we are?
I think the President, the present President thinks that he caused
it. I think Mr. Dole probably think he did. I think Mr. Bush thinks it
is something he put into motion. But really and truly I believe it is
because we are just now getting over the lousy 1986 so-called Tax
Reform Act.
A lot of us have talked enthusiastically over the past few years
about the need to replace our current tax with one that is more
equitable, one that is more fair. Specific proposals for both a flat
tax and a sales tax replacement have been debated throughout this
country by proponents of these plans. A lot of us have signed on to
both of these bills.
The IRS administered Tax Code does not work. It has been the source
of endless anguish, unfairness, confusion and the invasion of privacy
for a lot of hard-working, well-intentioned Americans. In the interest
of fairness, however, I must say it is only accurate to note that many
hard-working and honest employees of the U.S. Treasury Department have
been embarrassed and appalled by some of the testimony by their fellow
employees during congressional hearings on IRS abuses. So I think they
know from within that we need to do something about the Tax Code that
we have. We have to recognize the fact that our Tax Code has
facilitated, and in many cases encouraged outrageous abuses while
escaping all attempts at reason and justice.
The American people deserve the right to know when it will end. We
need to be able to collectively undertake this important goal as
opposed to a mere debate.
{time} 1330
Mr. RANGEL. Mr. Speaker, I yield 2 minutes to the gentleman from New
York (Mr. Houghton).
(Mr. HOUGHTON asked and was given permission to revise and extend his
remarks.)
Mr. HOUGHTON. Mr. Speaker, I am not going to take long here, but I do
think that this is something which I would like to share an idea or two
with my colleagues. Let me tell them a story.
There was a man called Robert Ruark, and he wrote a story called
``Something of Value'' which talked about the end of colonialism in
Africa and the total chaos, and the reason there was chaos is that
there was nothing to take the place of the old governments. And I think
he said we could say as almost a general statement, ``When you take
something away, you must be able to put something in its place.''
Now I do not consider this a political argument at all. I consider
this an argument of technique. Some people think that the idea of
forcing an issue is the better way to get to an end rather than
logically taking a look at what the steps are in order to get where we
ultimately want to be.
I do not think anybody is happy with this Tax Code. I do not think
anybody is happy, as my colleagues know, really since the days of our
Lord when the Publicans were running around. I say ``Publicans,'' not
``Republicans,'' were going around and trying to collect taxes.
But really the question is: What is out there? I think we must exert
an element of judgment here.
As my colleagues know, to force something without anything at the
end, and let us say at the end of June in the year 2002 we have
nothing; what do we do? Where do we go? How does somebody plan? Will
there be Social Security? Will there be Medicare? Will there be
anything else? No one really knows.
Mr. Speaker, this is a very high stakes game, and to use a technique
of forcing something without any anything on the other end I think is
highly irresponsible, and therefore I think it is a bad measure and
something which we should vote against.
Mr. BUNNING. Mr. Speaker, I yield 2 minutes to the gentlewoman from
Wyoming (Mrs. Cubin).
Mrs. CUBIN. Mr. Speaker, I rise in strong support of
H.R. 3097, the
Tax Code Termination Act. I intend to vote for the passage of this
legislation, not just because I am a cosponsor of the bill, but also
because it makes sense. I have to just take exception with some
statements by the speaker from California who talked about increasing
people's taxes because of the possibility of not being able to deduct
mortgage interest from their income and
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Major Actions:
All articles in House section
TAX CODE TERMINATION ACT
(House of Representatives - June 17, 1998)
Text of this article available as:
TXT
PDF
[Pages
H4654-H4677]
TAX CODE TERMINATION ACT
Mr. BUNNING. Mr. Speaker, pursuant to House Resolution 472, I call up
the bill (
H.R. 3097) to terminate the Internal Revenue Code of 1986,
and ask for its immediate consideration in the House.
The Clerk read the title of the bill.
The SPEAKER pro tempore. The bill is considered read for amendment.
The text of
H.R. 3097 is as follows:
H.R. 3097
Be it enacted by the Senate and House of Representatives of
the United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Tax Code Termination Act''.
SEC. 2. TERMINATION OF INTERNAL REVENUE CODE OF 1986.
(a) In General.--No tax shall be imposed by the Internal
Revenue Code of 1986--
(1) for any taxable year beginning after December 31, 2001,
and
(2) in the case of any tax not imposed on the basis of a
taxable year, on any taxable event or for any period after
December 31, 2001.
(b) Exception.--Subsection (a) shall not apply to taxes
imposed by--
(1) chapter 2 of such Code (relating to tax on self-
employment income),
(2) chapter 21 of such Code (relating to Federal Insurance
Contributions Act), and
(3) chapter 22 of such Code (relating to Railroad
Retirement Tax Act).
SEC. 3. NEW FEDERAL TAX SYSTEM.
(a) Structure.--The Congress hereby declares that any new
Federal tax system should be a simple and fair system that--
(1) applies a low rate to all Americans,
(2) provides tax relief for working Americans,
(3) protects the rights of taxpayers and reduces tax
collection abuses,
(4) eliminates the bias against savings and investment,
(5) promotes economic growth and job creation, and
(6) does not penalize marriage or families.
(b) Timing of Implementation.--In order to ensure an easy
transition and effective implementation, the Congress hereby
declares that any new Federal tax system should be approved
by Congress in its final form no later than July 4, 2001.
The SPEAKER pro tempore. Pursuant to House Resolution 472, the
amendment in the nature of a substitute printed in
House Report 105-580
is adopted.
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H4655]]
The text of the amendment in the nature of a substitute is as
follows:
Strike all after the enacting clause and insert the
following:
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Tax Code Termination Act''.
SEC. 2. TERMINATION OF INTERNAL REVENUE CODE OF 1986.
(a) In General.--No tax shall be imposed by the Internal
Revenue Code of 1986--
(1) for any taxable year beginning after December 31, 2002,
and
(2) in the case of any tax not imposed on the basis of a
taxable year, on any taxable event or for any period after
December 31, 2002.
(b) Exception.--Subsection (a) shall not apply to taxes
imposed by--
(1) chapter 2 of such Code (relating to tax on self-
employment income),
(2) chapter 21 of such Code (relating to Federal Insurance
Contributions Act), and
(3) chapter 22 of such Code (relating to Railroad
Retirement Tax Act).
SEC. 3. NEW FEDERAL TAX SYSTEM.
(a) Structure.--The Congress hereby declares that any new
Federal tax system should be a simple and fair system that--
(1) applies a low rate to all Americans,
(2) provides tax relief for working Americans,
(3) protects the rights of taxpayers and reduces tax
collection abuses,
(4) eliminates the bias against savings and investment,
(5) promotes economic growth and job creation, and
(6) does not penalize marriage or families.
(b) Timing of Implementation.--In order to ensure an easy
transition and effective implementation, the Congress hereby
declares that any new Federal tax system should be approved
by Congress in its final form no later than July 4, 2002.
The SPEAKER pro tempore. The gentleman from Kentucky (Mr. Bunning)
and the gentleman from New York (Mr. Rangel) each will control 1 hour.
The Chair recognizes the gentleman from Kentucky (Mr. Bunning).
General Leave
Mr. BUNNING. Mr. Speaker, I ask unanimous consent that all Members
have 5 legislative days in which to revise and extend their remarks and
include extraneous material on
H.R. 3097.
The SPEAKER pro tempore. Is there objection to the request of the
gentleman from Kentucky?
There was no objection.
Mr. BUNNING. Mr. Speaker, I yield myself such time as I may consume
to open the debate on this bill.
Mr. Speaker, the Federal income tax system is broken beyond repair.
We cannot tinker with it any longer and make it work any better. We
need to wholesale reform and totally overhaul the system.
There are two basic elements that are absolutely necessary for a
Federal tax system. It must be understandable, and it must be fair. As
it now stands, our Federal income tax fails badly on both counts.
Our Tax Code has become so complex that no one can understand it.
When tax experts cannot agree on how much an American taxpayer owes,
how can we expect the average taxpayer to understand it?
This complexity is expensive. It costs over $300 billion a year for
taxpayers to comply with the Tax Code. That is money that is totally
wasted. It does not benefit government or increase funding for
essential services. It does not benefit the private sector or create
investment, develop jobs, or improve the quality of life. It is just
money down the drain. It is a crime.
Our Tax Code is unfair. We have focused a great deal of attention
this year on the marriage penalty, but this is just one of hundreds of
inequities in the existing law.
Over the years, Congress has created a hodgepodge of loopholes and
arcane tax incentives, most of which were well-intentioned. But when
you take them altogether and weed them into a 5\1/2\ million word tax
code, it creates such a mess that only the very wealthy have the
ability to take advantage of them. That creates unfairness. As a
result, the American people have lost confidence in their tax system.
Incremental change is not enough. We have tried that. It has resulted
in failure and more complexity. We need real reform, a total overhaul
of the Tax Code. We need to restore that confidence.
That is what this bill is all about. It simply says that the sun will
set on the Internal Revenue Code as we know it on December 31, 2002. It
gives Congress 3 years to debate and develop a new tax system.
It would simply force Congress to do in a timely manner what we need,
no, what needs to be done, to pull the Federal income tax code out by
its roots and replace it with an income tax system that is fair and
understandable. This bill will help us do that. I urge my colleagues to
support and vote for
H.R. 3097.
Mr. Speaker, I reserve the balance of my time.
Mr. RANGEL. Mr. Speaker, I yield myself as much time as I may
consume.
(Mr. RANGEL asked and was given permission to revise and extend his
remarks.)
Mr. RANGEL. Mr. Speaker, this is a historic moment in the history
because of our Congress, because I do not think that we will ever live
to see a more irresponsible act committed by any Member of Congress.
I know that this is an election year and so some leeway has to be
given to the majority because, unfortunately, there is no institutional
memory of them having passed any legislation this year. Being a
politician myself, I can understand how they would like to capture the
voters' imagination by doing something dramatic.
But just to abolish the Tax Code, just to say that, by the year 2002,
no tax shall be imposed by the Internal Revenue code, what a gift to
give the American people. You will not have to pay any taxes until the
Republicans, and do not laugh, until the Republican majority comes up
with an idea as to how they are going to replace it.
Let us think this one out. Who has been in charge for the last 3
years? Who had the majority? Who had the opportunity, really, to
substitute this complex mess that they talk about? But rather than to
come together, as if that is possible, with some type of a meaningful,
fair tax code that would increase economic productivity for our great
Nation and to continue to propel the prosperity that President Clinton
has brought to us, they would rather just pull up the Tax Code by the
roots.
I assume that, while they are pulling it up by the roots, that this
800 pages of what they call a tax bill last year is mere fertilizer for
the Tax Code that they are going to bring to us. Where are these great
ideas that you have?
Should the American people not have some idea as to where do you meet
to come up with a new code? Years ago, Members would go to the
Committee on Ways and Means. Now we go to the Committee on Rules. We
have people just telling us what they are going to end, but no one is
there to tell us what they are going to start.
I have served on the Committee on Ways and Means for two decades.
Every year, we had a tax bill; some good, some bad. For the last 3
years, we have not had anything that is coming up that is new.
I want the Republicans to understand this, if they do not understand
anything at all, they are in charge. They have a majority. They have
the ability to call their troops together and vote for anything that
they want, whether it is good or, in most cases, bad. But for God's
sake, just with all due intention I did not bring the Bible, so I did
not mean to say that, but for goodness sake, do not end something
unless you tell the American people what do you intend to replace it
with.
We have business people that are planning now for the future. I would
want them to call their Congressman, but since this issue is not being
dealt with with the Congress, and since we do not know where the Tax
Code is going to come from, and since the Committee on Ways and Means
has lost jurisdiction, whoever meets with the Speaker should know what
he is going to come up with.
I would say, if people are planning for the future, whether they are
going to have bonds out there, whether the States are going to have
municipal bonds, where people want to know how to plan, call the
Speaker, because I think he has some good ideas that he will not share
with us.
Second, if you are a hospital, church, synagogue, charitable
organization, there is nothing in this bill that terminates that says
you are going to be protected. I know the Republicans are going to
protect them, so do not be afraid, but ask them how are they going to
be protected.
If we own a home and we have mortgage payments and we have been
deducting them, we can deduct until the year 2000, and then we do not
have to deduct anymore.
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{time} 1245
Now, I do not know what happens, but we can call the Speaker and he
will tell us what plans he has for mortgage deductions. And I tell my
colleagues that, as complicated as this bill is, as bad as the
Republican passed tax bill is, at least we know what we got. The fear
is what are they going to come up with when for 3 years they have not
even come up with a good idea.
So I do hope that in the course of this debate that someone would
come up with some kind of a plan that would give us some idea as to
what they are going to fill this vacuum with. But I think killing the
IRS, pulling it up by the roots, that the American people deserve
better than just a bumper sticker.
And if people do not like paying taxes and they think this is the
solution, then I beg the Democrats in the minority, if they can just
pass a law to keep us from paying taxes, why can we not pass a law to
stop people from paying their debts? Why not? And if we do not like
that, let us pass a law to terminate cancer. Let us think of something
more exciting than our irresponsible brothers and sisters over here,
and we will just say that if anyone votes against it, it means they
support cancer; if they vote against it, they support paying back
debts.
I am ashamed that this is happening in the House, but I know the
United States Chamber of Commerce and the local Chambers of Commerce
around this country will study this termination bill and I hope we hear
from them much before the election.
Mr. Speaker, I reserve the balance of my time.
Mr. BUNNING. Mr. Speaker, I yield 2 minutes to the gentleman from
Oklahoma (Mr. Largent), one of the authors of the bill, to respond.
Mr. LARGENT. Mr. Speaker, the previous speaker got one thing right,
this is an historic moment. Understand, no one likes to be forced to do
anything. My children do not like to be forced to make their bed and
Congress certainly does not like to be forced to do anything. This bill
simply does that, it forces Congress to quit talking about
comprehensive tax reform and actually do something about it.
And I would suggest to the previous speaker that maybe the reason he
is in the minority and not in control is because it was his side that
gave us this, the 6,200 pages that we currently know as the tax forms
and instructions about how to file our tax returns today.
And the gentleman is also right about another thing. The way it has
always been done before is to go to the Committee on Ways and Means, in
a small room in the back, and a few people decide about what the Tax
Code should look like for the American people. What we are trying to do
is to include all of the American people in the debate and in the
discussion and in coming up with a comprehensive tax reform that is
written not by a few people on the Committee on Ways and Means but is a
consensus opinion of the American people and the business people in the
communities around the country, the people that are suffering through
5.4 billion hours filing their tax return every year at a cost of
somewhere over $200 billion just simply to comply with the current Tax
Code.
So the gentleman is right, we are trying to do it differently, we are
trying to make sure it does not happen in the Speaker's room or in the
Committee on Ways and Means but in the living rooms of the American
people in this country, where they have a voice in the way their
government writes a new comprehensive tax law.
Mr. RANGEL. Mr. Speaker, I yield myself 1 minute to say to the
distinguished gentleman that he keeps referring to that pile there as
being something that has been put together by the Democrats. When we
had a debate on the rule, I thought he said that this 800 pound tax
document was passed by the Republican majority and he voted for it. So
I would be glad to go over there and just put this on that pile.
The second thing is that, we do not have to be another tax expert to
know that the Congress should not be having to be forced to do
anything. The majority should not have to force themselves to be
responsible. All they have to do is take their consensus from the
people and pass a decent, respectable, fair and equitable progressive
tax bill. They should not force themselves to do it; just do the right
thing.
Mr. Speaker, I yield 3 minutes to the gentleman from California (Mr.
Stark).
Mr. STARK. Mr. Speaker, I thank the gentleman for yielding me this
time.
We have talked today about the asininity of this bill, the sheer
folly, the sophomoric sort of approach. I guess I would remind the
people that it is the Republicans that shut down the government several
times because they were unable to come up with a budget. I would
challenge any Republican who has an idea, much less an idea of what
they would do just in the oft chance they fail to come up with a bill.
And even if they were to come up with a bill, they are not telling us
what happens, say, in health care, an issue which they postulate a good
bit about and posture about. The Armey flat tax bill, which they might
choose, imposes tax penalties on employers that provide health care
benefits to their employees. The Tauzin retail sales tax bill imposes a
sales tax on people when they pay for health insurance and health care.
I wonder if that is what they intend to do.
The Republicans voted to increase the rate at which self-employed
people could deduct their health care. This will end that. I presume
that they really do not care, as they have not in the past, about
providing health care to the 45 million uninsured. I am sure that they
do not want to help employers pay for it, because I think they are
indifferent.
I am not sure that anyplace in the King James version of the Bible it
suggests that employers should pay for health care benefits or that we
should insure people. Therefore, some Republicans will tend to ignore
the suffering that people have for lack of health care. The basic fact
is that this is sheer irresponsibility, obviously drafted by people
with no understanding of business or the Tax Code or economics, some
things that are important to having the country's economy function.
One of the things that many of my colleagues on the Republican side
have been very assertive of is States rights. But what they do not
understand is that this would also destroy many States' ability to
raise any revenue. Many States that have an income tax parallel or
mirror the Internal Revenue Code. And if in fact, as their bill
suggests, we would stop collecting funds in the year 2002, we would,
therefore, put these States out of business. And we would not have,
obviously, any Federal money to support them. So they are impacting
many States. The unintended consequences of this bill are legion.
So that I want to remind my friends and colleagues that no one
suggests that we should not reform the Tax Code. The last major reform
was led by Ronald Reagan, at his insistence. Much of what is stacked
over on that table was Ronald Reagan's suggestion, which we passed. And
it was not a bad bill, I might add. Now, we have no bill and we have a
nonsensical campaign bumper sticker, and I hope we vote it down and do
not see this kind of embarrassing legislation brought again.
Mr. BUNNING. Mr. Speaker, I yield 3 minutes to the gentlewoman from
Washington (Ms. Dunn).
Ms. DUNN. Mr. Speaker, after serving on the House Committee on Ways
and Means for the past 3\1/2\ years, I am continuing to be amazed by
the outrageous provisions that are involved in our current income Tax
Code. In no small part, many of these provisions that are a function of
the Tax Code have spiraled out of control. The irony is that while our
Tax Code has just about 7 million words, it lacks two regular words,
and those words, Mr. Speaker, are common sense.
The current income tax system is far too complex and it is a source
of utter frustration for millions of hardworking Americans and for
their families. Over the past few years I have heard from thousands of
constituents in my district alone and they have talked to me about
hundreds of problems they have experienced with the system of taxation.
A common theme, as we all know, has been the intrusive nature of the
Internal Revenue Service. I believe it is time for this issue to be
brought out of America's kitchen and on to the committee calendars of
the Congress.
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Money magazine last year reported that not one of 45 professional tax
preparers could accurately compute a hypothetical family's tax return.
Fewer than one in four came within even $1,000 of the correct figure.
How can we expect average citizens to comply with a code when licensed
professionals, who have spent years studying the system, cannot even
get it right.
Not only this, but the cost of compliance for the average family is
horrendous. Each year Americans devote 8 to 10 billion hours complying
with our Tax Code. This amounts to over 5 million Americans working all
year long, the equivalent of the entire work force of my State,
Washington State, of Iowa and Maine. The cost of complying totals about
$200 billion annually, or $700 for each, man, woman and child in
America.
These are just the numbers associated with following the law. The
income tax system involves a number of other costs, including those
associated with enforcement and collection, as well as the cost of tax
litigation.
Sunsetting the code will work. President Clinton described this plan
as reckless or irresponsible. Actually, as the President should know,
it is common practice. Major Federal Government programs, such as
spending on highways, education and agriculture, regularly expire and
are rewritten in 5-year increments. This is a strategy also used by the
States, who understand that change will not occur unless they break
through the gridlock. This is exactly how this legislation to sunset
the Tax Code will work.
There is a national debate going on outside the Congress, Mr.
Speaker, on the direction of the Tax Code. We have a terrific
opportunity here today to improve the Federal system of corporate and
personal income taxation in a manner that will both significantly
improve the economic performance of our Nation and substantially reduce
the compliance and administrative burden on American families. By
scrapping this code, we will bring this debate into focus and force
ourselves to discuss this issue. I urge its support.
Mr. RANGEL. Mr. Speaker, I yield 3 minutes to the gentleman from
Washington (Mr. McDermott).
(Mr. McDERMOTT asked and was given permission to revise and extend
his remarks.)
Mr. McDERMOTT. Mr. Speaker, it is really hard to come down here and
be serious about this kind of thing. No one likes to pay taxes, no one
likes to have to sit down once a year and send money to the government
to run it, but what we have today, in an effort to tap voter discontent
by the Republicans, is a cheap campaign prop. This is a bumper strip we
are doing today, that is why it is only about two sentences long.
In order to take this seriously, we have to go back to a satirist who
used to write for the Baltimore Sun by the name of H. L. Mencken. H. L.
Mencken called the American public ``Boobis Americanus''. That is, they
are all stupid. Now, in order for my colleagues to come with a bill
like this, they have to think the American people are stupid; that they
simply do not know what is going on. If we say to the American people
that right now we spend $1,200,000,000 and we are going to wipe all
that out and we are going to get it from somewhere else; now, where are
they going to get it from? The moon? Or from somebody else? This sounds
like a bill based on the Senator Long theory of, ``Don't tax you, don't
tax me, tax that guy behind a tree.''
The American public knows there has to be a Tax Code if we are going
to have the kinds of goods and services that we want in this country:
Social Security, Medicare, highways, national defense. My colleagues
are not going to get rid of the money. They simply are creating the
illusion for people that they will come up with a Tax Code that will
not tax them, it will tax somebody else.
Well, how stupid do my colleagues think the American people really
are? They know that their deduction for their interest on their house
they get now. My colleagues are not guaranteeing them anything on their
house. My colleagues are not guaranteeing that their employer can
deduct paying for health care for them. The average employer today, if
he spends $100 on health insurance, actually costs him $65. If we
repeal the code, it costs $120.
Now, I know my colleagues will say, oh, we are going to take care of
that. Well, if my colleagues are going to take care of it, why do they
not put a proposal out here to simply say that they are going to wipe
out the code and come back some day, some uncertain time?
The gentleman from California (Mr. Stark) raised another issue which
my colleagues really are not thinking about. The Republicans are
creating chaos in this country, in the business community planning. No
businessman can plan 3 years out.
{time} 1300
The problem with us is we plan 2 years out. Business plans 5, 10, 20.
They want chaos. This is a bad piece of legislation.
Seeking to tap into voter discontent about the complexity of the tax
code, the Republican leadership today is disregarding the major issues
confronting our nation in order to turn the House Floor into a cheap
campaign prop. So while this bunch wastes your tax dollars by ranting,
raving and campaigning about how they want to ``rip the tax code up by
its roots''--without having any idea what tax system they want to
replace it with--I am going to talk about what impact this rhetoric
will have on real people. In particular, what this extremist
legislation will mean to the ability of Americans to purchase
affordable health care.
Before I begin, it is important to note that the same people in the
Republican majority currently peddling this ``scrap the code''
rhetoric, just last fall voted to add hundreds of new pages to the tax
code and a myriad of new complex tax computations. Because of last
year's tax law, this bunch added 35 new lines alone to taxpayers
capital gains tax forms. So, keep that in mind that when you hear this
bunch talk about tax simplicity--they are the ones who 6 months ago
made the tax system a whole lot more complex.
Most disturbing in their ``scrap the code'' rhetoric is the proposal
to establish a rhetorically pleasing, yet critically flawed ``flat
tax.'' This plan is often criticized because of its substantial revenue
losses, its unfair redistribution of the tax burden, and its
elimination of subsidies for home ownership.
This push for the flat tax may help Republicans at the polls, but for
the millions of American workers who need affordable health insurance,
the flat tax is disastrous. While not necessarily ``news'' to the 42
million uninsured and the 29 million more who are underinsured in this
country, there is no question that the group of workers and early
retirees who will get hurt by the flat tax are the same ones who are
currently being threatened by rising health costs in this country.
A recent study by the National Coalition for Health Care found that
between 1985 and 1997, the cost of health care doubled and it is
expected to double again in the next decade. Next year alone, health
premiums are estimated to rise between 5 and 10 percent--a rate at
least twice that of the increase in benefits and wages. The number of
uninsured in this country will exceed 42 million next year and by 2005,
it is estimated that one in five Americans under the age of 65 will be
without health insurance.
The impact passage of the flat tax will have on worker's health
insurance would be devastating. Under current law, there are
substantial income tax incentives for employer-provided health
benefits, with additional tax-benefits available to the self-employed
who purchase health insurance. Employer-provided health benefits are
exempt from income tax, Social Security, and Medicare employment taxes.
For example, under the current system, the after-tax cost to an
employer that provides $100 in health benefits to their employees is
$65. Yet, the flat-tax plan destroys this health insurance incentive by
increasing the employer's after-tax cost to $120.
Under the flat tax's domestic business tax, amounts paid for non-cash
fringe benefits, such as health care, are not deductible. As a result,
the plan would impose an onerous tax penalty on employers providing
health benefits. This legislation goes a step further by including a
new tax on tax-exempt charitable organizations and Federal, State, and
local governments equal to 20 percent of the amount paid for health
benefits for their workers.
Health benefits to retired workers will also decline. Many companies
have large and burdensome liabilities for retiree health benefits and
in recent years, those same companies have tried to limit benefits.
The likely response from employers to the flat tax's tax penalties
will be a significant reduction in health care benefits available to
its current, future, and retired workers. Just last year, MIT economist
James Poterba warned that ending the tax preference for employers who
provide health insurance would cause the number of American families
without health insurance to increase by 20 percent!
In fact, such a decline in employer-provided health benefits should
not surprise anyone familiar with the history of the flat tax.
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When the Kemp Commission first proposed adoption of the flat tax,
even the Health Insurance Association of America--the same group that
spent millions of dollars to kill expansion of health care coverage in
1994 and is on the verge of spending millions more to kill managed care
safeguards--warned ``one of the unintended consequences of eliminating
the exclusion for health insurance premiums is likely to be a rapid
increase in the number of people without private health insurance
coverage.''
If you want to terminate the tax code, it is vital that you
understand the ramifications of each remedy. There's no question that
ripping away crucial tax incentives will increase the cost of health
care in this country.
I find it amazing that instead of finding ways to improve the
quality, affordability, and availably of health insurance, the Majority
is using its control of Congress to make America's health care problems
worse.
Before you jump on the ``scrap the code'' bandwagon, think, for a
second, abut what this legislation will mean to the affordability of
health car for America's workers, their families, and their employers.
Unfortunately, it's clear form this debate that all this bunch is
interested in doing is devaluing the legislative process of our
democracy in order to create a simplistic bumper-sticker slogan in time
for November's elections.
Mr. BUNNING. Mr. Speaker, I yield 2 minutes to the gentleman from
Pennsylvania (Mr. English).
Mr. ENGLISH of Pennsylvania. Mr. Speaker, I thank the gentleman for
yielding me the time.
Mr. Speaker, our tax system hangs like an albatross around the neck
of the American taxpayer, stifling savings and productive investment,
and arbitrarily punishing or subsidizing activity and making the
process of paying taxes nightmarishly complex even for those of modest
means.
In my view, the time has come to replace our current tax system. But
we will never do it unless we overcome the inertia of the legislative
process, unless we override the influence of the entrenched special
interests who have a stake in the complexity of the Tax Code and who
savor gridlock on this issue, and unless and until we force the issue
and put everyone's feet to the fire.
We propose to do that today. I rise in strong support of the Tax Code
Termination Act, legislation that will finally give American taxpayers
a solid time line for fundamental tax reform.
Mr. Speaker, I have been a strong advocate of replacing our current
Tax Code with a system that is fairer, radically simpler, eliminates
the bias against savings, and will allow the U.S. to be more
competitive internationally. I am prepared to accept the challenge of
the gentleman from California to put forward my proposal this year. But
replacing the Tax Code will be an enormous undertaking, and the time
line for consideration should not be put off one more day.
I challenge my colleagues, if they do not believe we can replace the
current Tax Code with something simpler and fairer that will meet the
needs of the American public, then vote against this bill. If they feel
that any tax reform inevitably is going to be an improvement, as I do,
vote for this legislation and put our feet to the fire.
Mr. RANGEL. Mr. Speaker, I yield 3 minutes to the gentleman from
Maryland (Mr. Cardin).
Mr. CARDIN. Mr. Speaker, I rise in opposition to the current Tax Code
and in support of comprehensive reform of our Federal tax system.
I, too, agree that our Federal tax system is too complex, it is not
efficient, it costs our taxpayers too much to comply with it, it is not
sensitive for savings, we rely too much on income taxes. But the
legislation before us is one of the strangest notions I have
encountered in the 12 years I have served in this body.
The bill is a result of frustration in our current tax structure, and
it tells a Congress in the future to do something about it. We have had
4 years under Republican leadership to try to do something about our
Tax Code. In this term, I thought we were going to do something.
Last year, in a bipartisan way, we joined Democrats and Republicans
to reform the Internal Revenue Service. We thought that bill would pass
last year. It is still lingering within a conference committee. If we
want to do something, why are we not using the time today to at least
reform the IRS and deal with the tax collecting agency? But instead,
no, we are debating some myth about what we are going to do in the
future. It is outrageous.
It is not even a fig leaf. We have not had a hearing on this
proposal. We do not know what it is all about. Why are we not debating
specific proposals on this floor?
Mr. Speaker, yesterday in the Baltimore Sun, my local paper, I
authored an article about why I thought a VAT tax is better than a flat
tax and why we do not need a corporate income tax and we should be
encouraging more savings. Why are we not having that proposal on the
floor today and debating? Why is the Republican leadership not giving
the American public real reform rather than bringing up a hope of what
is going to happen 4 years from now, causing all types of panic about
people trying to plan for their futures.
People are trying to figure out how to save for their retirement.
They want to know what the tax rules are going to be. And we are going
to tell them, we are going to change them, but we are not going to tell
them what it is going to be? How irresponsible. How wrong.
Use the time we have. This schedule this year has been embarrassing.
We have not been here most of the time. Why are we not using the time
this year to have a serious debate on tax reform rather than bringing
up this sham?
It is wrong. They know it is wrong. This is not the right way to go.
I urge my colleagues to defeat the bill.
Mr. Speaker, I rise in opposition to the current tax code, and in
support of a real debate on comprehensive reform of the federal tax
system.
The legislation before us is one of the strangest notions I have
encountered in the twelve years I have served in this House. The bill
is the result of frustration with the current tax system. Normally,
when members of Congress seek to change existing law, they introduce
legislation to make the changes they support.
But this bill doesn't do that. We are here, in the 105th Congress,
debating a bill that says that the tax code is such a mess that the
107th Congress should do something about it.
That's not a serious proposal for simplifying the tax code. Instead
of real tax reform, it is just an empty promise.
Yesterday, the op-ed page of the Baltimore Sun, my home town
newspaper, printed my article titled ``Why a VAT tax is better than a
flat tax.''
The article presented my view that we should replace the existing tax
code with a broad-based consumption tax, and relieve 75 million
Americans of the burden of the individual income tax. I support repeal
of the corporate income tax. Some members of the House will agree with
my position; others will disagree.
We should begin this debate now, rather than putting it off until the
year 2002. We need to reform the tax code, and when we have done our
jobs, and written a tax code that does not punish the American people,
I will be proud to join in voting to sunset the existing code. Until
then, Mr. Speaker, this process is nothing but talk.
Mr. BUNNING. Mr. Speaker, I yield 2 minutes to the gentleman from
Texas (Mr. Sam Johnson).
(Mr. SAM JOHNSON of Texas asked and was given permission to revise
and extend his remarks.)
Mr. SAM JOHNSON of Texas. Mr. Speaker, we have had hearings, and 2\1/
2\ years ought to be long enough for the people of the United States to
speak and determine what tax they want.
The current Tax Code is complex, confusing, corrupt, costly,
coercive, and a lot of other Cs that I cannot think of. But so far
there is a lot of talk and no action. When it comes to tax reform, a
sunset date will force us to take action and relieve the American
taxpayer.
We ought to also repeal the 16th Amendment of the Constitution, and I
have introduced a bill to do such a thing, the Tax Freedom Act. It
outlaws Congress' ability to collect taxes on income except in time of
war. Both these bills accomplish one common goal. No matter whether you
support a flat tax, consumption tax, value-added tax, national sales
tax, blue, black, brown, whatever, the common goal is replacing the
current complicated Tax Code.
Fundamental and comprehensive tax reform will be one of the most
profound changes this Nation experiences this century. The Tax Code
Termination Act brings us one step closer to achieving that change and
restoring freedom to the American taxpayer.
Americans want, need, and deserve to get rid of IRS oppression. We
have been
[[Page
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talking about tax reform for years. Mr. Speaker, it is time to quit
talking and start action, and this bill does just that.
Mr. RANGEL. Mr. Speaker, I am reminded that when Dr. Frankenstein
created his monster, he went immediately to trying to get rid of it.
And, so, as the Republicans pass this tax bill, this is the same bill
they want to pull up and pull up by the roots.
Gentlemen, it is your bill. Do with it what you want.
Mr. Speaker, I yield 3\1/2\ minutes to the gentlewoman from
Connecticut (Mrs. Kennelly).
Mrs. KENNELLY of Connecticut. Mr. Speaker, I rise in strong
opposition to this legislation to terminate the Internal Revenue Code
without replacing it with a system that is fairer, that is simpler, and
encourages economic growth.
I come from a State, a small State, Connecticut. But in that State,
we have 18 of the Fortune 500 companies. Now, I can just imagine a
conversation between a CEO and a board of directors when they hear that
this bill is passed, because he or she would have to explain to the
respective boards of directors how millions, and in some cases
billions, in assets will disappear from their corporate balance sheets
because of this legislation.
The chief financial officer will have to explain there is nothing
that can be done to prevent this because the Congress passed a bill to
eliminate the Code and did not replace it with anything. And as a
result of this bill, excess foreign tax credits would disappear,
reducing the company's net worth.
As we all know, foreign tax credits are carried as assets in today's
corporate balance sheets. As a result of this bill, the corporate
alternative minimum tax credit carried forward would disappear,
reducing the company's net worth. Of course, as we know, the corporate
alternative minimum tax credits are carried as assets on today's
balance sheets.
And as a result of this bill, research and experimentation credits
would disappear, because as we know, R credits are carried as assets
and those would just go away.
As a result of this bill, deferred tax assets representing retiree
health obligations would disappear, reducing the company's net worth.
Not to mention providing retiree health benefits would then disappear
because they could not write them off.
The Financial Standards Accounting Board happens to require companies
to charge retiree health obligations against current earnings. Retiree
health obligations are deductible when actually paid. These deductions
carried on today's corporate balance sheets are deferred tax assets.
They would disappear.
And as a result of this bill, operating loss carried forward would
disappear, reducing the company's net worth. Net operating loss carried
forward are carried as assets on today's corporate balance sheets.
Unfortunately, many of these CEOs are going to find themselves
explaining more than one of these things. In a few cases, the loss of
the impact on these changes on the balance sheets could result in a
profitable company losing all their positive net worth. Because this is
the fact of the Code as it exists today, and if we do not replace it
with something, all these things happen.
I thought the majority in this Congress was opposed to takings. But,
as I read this list, I guess not. But it gets worse.
While the CEO needs to explain to the board that the business plan is
no longer operative, the small businessman finds he is facing the same
problem. A businessman or businesswoman would have to realize the rate
of return on capital can no longer be projected.
She has no idea how the company should calculate labor costs. She has
no idea how to determine the most efficient financing mechanism for the
new building that they will have purchased. They have no idea of the
period over which the new equipment could be depreciated. I wonder how
many CEOs would lose their jobs or how many small businesses would go
out of business.
It is because of these concerns, very real concerns, and I have been
on the Committee on Ways and Means for now 13 years, that the National
Association of Manufacturers are opposed to this bill.
The Internal Revenue Code is far from perfect. We all know it. But if
we are going to eliminate it, replace it with something that is
simpler, fairer, and encourages economic growth. That is all we ask
today. Do the whole job, not just half of it.
Mr. BUNNING. Mr. Speaker, I yield 3 minutes to the gentleman from
Colorado (Mr. Dan Schaefer).
(Mr. DAN SCHAEFER of Colorado asked and was given permission to
revise and extend his remarks.)
Mr. THOMAS. Mr. Speaker, will the gentleman yield?
Mr. DAN SCHAEFER of Colorado. I yield to the gentleman from
California.
Mr. THOMAS. Mr. Speaker, if we would listen to the gentlewoman from
Connecticut (Mrs. Kennelly), who just spoke, what we would have to
believe is that the business world did not exist prior to the invention
of the Internal Revenue Tax Code; that corporations offer health care
only because they get a tax deduction; without the tax deduction, there
would be no compassion on the part of the owner to the worker; and that
all of the complications that a CEO would have to deal with, in fact
jeopardizing their job, are essential to running a business.
What in the world did business do before there was an Internal
Revenue Service?
Mr. DAN SCHAEFER of Colorado. Mr. Speaker, during my 15 years here in
the House, literally thousands of taxpayers have contacted me to
express their frustration with the current code that we have.
The Tax Code is so complicated that even those who call themselves
tax experts cannot figure it out. Let me give my colleagues a good
example.
Last November, Money Magazine gave 45 accountants nationwide a
financial profile of a fictional family and asked them to prepare a
hypothetical tax return. Not only did all 45 come up with different
answers, but the computed tax liability ranged from $36,000 to $94,000.
No one knows whether they are illegal or not illegal anymore when
they file their returns. Today, the average family pays more in taxes
than it spends on food, clothing, and shelter combined. As a whole,
Americans will spend at least $200 billion and over $5 billion
complying with the income tax this year alone. This is more time than
it takes to produce every car, truck, and van in the United States each
year.
Tracking all this paperwork requires the Internal Revenue Service,
five times larger than the Federal Bureau of Investigation. And unlike
the FBI, the IRS's power is nearly absolute. It may search our property
and records without a court order. And although both the House and
Senate have overwhelmingly passed substantial IRS reform bills, I do
not believe that that alone will prove successful.
Over the past several years, I have talked to audiences nationwide
about the case of replacing the Federal income tax with a national
sales tax. Two years ago we introduced the National Retail Tax Act of
1996, and just last year reintroduced it again in
H.R. 2001. This
legislation is going to abolish the IRS completely, eliminate corporate
taxes, gift taxes, capital gains tax, inheritance taxes, gift taxes,
and all excise taxes unless they are tied to a trust fund.
I think this is the way to do it. Let us for once take the power of
taxation away from Congress, give it to the American people, and let
then decide. And once and for all, let us eliminate 8,000-plus pages in
the Tax Code and replace it with a Tax Code that is going to say April
15 is another bright, spring day.
Mr. RANGEL. Mr. Speaker, I yield 2\1/2\ minutes to the gentlewoman
from Michigan (Ms. Stabenow).
Ms. STABENOW. Mr. Speaker, I rise today to urge a no vote on the
bill, but to first indicate that I have voted for IRS reform that we
are still waiting to pass this Congress. I support real tax reform. And
I would even support a deadline if there were alternatives proposed by
the other side, by the majority, that were good for hard-working men
and women in my district.
{time} 1315
Mr. Speaker, before coming to Congress, I served for 16 years on the
tax and finance committees in the Michigan legislature. I supported and
sponsored numerous tax cut bills. But in
[[Page
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each case, they were making things better for the middle-class
families, family farmers and small business people that I represented.
Unfortunately in this case, the alternatives proposed by the majority
are even worse, even more unfair than the current system. For instance,
a national retail sales tax, which is also a use tax on professionals
and entrepreneurs, would, according to the tax analysts, raise the cost
of buying goods and services something close to 30 percent when all is
figured. Houses, cars, food, prescription drugs for our senior
citizens, on and on. Insurance premiums. It goes on and on. In addition
to that, it would tax doctor's visits. It would tax accountant's
visits. It would create a situation where every small business person
and entrepreneur in my district, every professional, would have to
become a tax collector. I do not call that better than what we have
right now. Let us really fix it and really do something that is better
by proposing a real alternative. In addition, the flat taxes that have
been proposed by the other side just shift from wealthy individuals to
the middle-class families in my district.
Mr. Speaker, I want to see something simpler. I want to see reform.
But let us do it in a way that does not involve the proposals coming
from the other side which are not good certainly for the people that I
represent in Michigan.
I would urge a ``no'' vote on the bill. I would urge my colleagues
instead to do what we did last year. Let us join together in a
bipartisan way. We passed a balanced budget amendment. We passed tax
cuts last year. Let us join together and create real reform for the
real hard-working families, middle-class Americans that deserve the
relief in this country.
Mr. BUNNING. Mr. Speaker, I yield 2 minutes to the gentleman from
Minnesota (Mr. Peterson).
Mr. PETERSON of Minnesota. Mr. Speaker, I rise today in support of
the Tax Code Termination Act. I have been in favor of scrapping this
code and starting over for a long time. I am one of the few Members of
this body that is a certified public accountant that has actually done
tax returns for a living and have lived with this code for a long time.
This Congress, under both parties, has contributed to this problem.
The people on my side of the aisle might have a good point. I say to
them that if they do not like this method of trying to get at this
problem, then put something else forward.
I think it makes sense for us to come up with a date certain. We did
that when we balanced the budget and it helped us focus our attention.
We have a date certain on when we are going to overhaul this Tax Code.
I think it helps us. But, as I have said, I have been for reforming
this system ever since 1986 when, under the guise of tax
simplification, we passed a bill which I think was arguably the worst
piece of legislation that has ever been passed in this Congress. We
made it worse in 1990, and we made it worse last year when they passed
the 1997 tax act to the point where my partner, who is still doing tax
returns, told me this weekend that this is so complicated that he does
not think he can any longer do a tax return by hand. The only way he
can do a tax return is if he has a computer to be able to make all
these computations and go back and forth.
Mr. Speaker, this code has gotten completely out of hand. It needs to
be simplified. It is not happening under the current process. I am not
sure this is the best process in the world but it is the only thing we
have in front of us today. I am in favor of overhauling the code. I
think the way we do that is we start from scratch, with a clean slate,
and then try to build up something that is simpler and makes more
sense. I support this bill and encourage everybody's support.
Mr. RANGEL. Mr. Speaker, I yield 3 minutes to the gentleman from
Wisconsin (Mr. Kleczka).
Mr. KLECZKA. Mr. Speaker, I rise in strong opposition to the proposal
today; however, I do support simplifying the Tax Code.
Mr. Speaker, what we are involved in this afternoon is a new form of
roulette. This afternoon we are playing Gingrich roulette. I say to all
Members, it is a most dangerous game.
Mr. Speaker, I happen to serve on the Committee on Ways and Means.
This bill comes before us with no hearings, no committee deliberations,
no contingency plans should we not have a new Tax Code ready by July 4,
2002. So what we are doing is we are just shooting in the wind, hoping
that Congress can develop a whole new Tax Code that is better than the
current system.
Let us talk about the current system for a moment. The gentleman from
Oklahoma brings forth the 6,000 pages that he claims to be the Tax
Code. Where does he think that came from? How many pages of that Tax
Code give tax relief to my constituents? Oh, some do. There are some
child credit tax provisions in there, there are some earned income tax
credit provisions in there, but know full well the bulk of that
document you have before the House today is there for the benefit of
the moneyed special interests in this country.
How many pages did Ronald Reagan and his 8 years add to the Code? Of
the 6,000, I will bet 2,000. How many did President Bush and his
administration add to the Code? Probably more than one thousand. But no
Republicans are coming up and decrying those enormous and complex
additions to the Tax Code. Why? Because all that is good Tax Code. It
is good Tax Code because many of those provisions apply to your
constituents.
While I am talking about your constituents, let me congratulate you
on a very successful fund-raiser last night. Mr. Speaker, I am told
that you folks raised in excess of $10 million last evening alone. All
the wealthy people that showered you with that money were there because
they were crying out for tax fairness? Who do you think you are
kidding? Those folks who pumped $10 million into the coffers of the
Republican Party are part and parcel of that Tax Code. And their
presence last night to eat your chicken was a hearty thank-you. But now
you stand before us cleansed and pure decrying, ``We don't like the Tax
Code because it is too complex and too unfair.'' But what are you going
to tell the folks when you go to your parades on July 4 and you see
their little Johnny or Jane and you hug them and say, ``Your family
will get an extra $400 for each of them because we passed a child tax
credit for you.'' They say, ``Yeah, but you also passed this bill that
will take the credit away from us. What's going to happen to the child
credit in 2002?''
``I don't know.''
How about the home mortgage deduction? Every constituent of yours
that owns a home wants that deduction retained. They may ask the
gentleman from Oklahoma, ``What is going to happen in 2002 with that?''
``I don't know.''
Mr. Speaker, I do not know what you guys are doing here today. But,
again, congratulations on the $10 million fundraiser last night. You
did a good job.
Mr. BUNNING. Mr. Speaker, I yield myself 15 seconds. It is better
than taking money from the Chinese government.
Mr. Speaker, I yield 2 minutes to the gentleman from Washington (Mr.
Metcalf).
Mr. METCALF. Mr. Speaker, this legislation defines the Republican
commitment to reduction of the tax burden on working Americans and
thereby taking a mighty step toward ensuring a brighter future for
people of all income levels.
I am proud to be an original cosponsor of the Tax Code Termination
Act. This legislation will provide for the abolition of the current
unfair and burdensome Tax Code by 2001. This legislation does not
carelessly abolish our current structure. Instead, the legislation
requires the enactment of a replacement code by Independence Day, and
that is a fitting day for this, 2001, that will be a fairer, simpler
tax and reduce the tax burden on all Americans.
Mr. Speaker, the current Tax Code has simply become too big and too
complex to correct. You cannot fix it. All Members of the House should
join us to replace the current Tax Code with a system that is fairer,
less complicated and takes less money from working Americans.
Mr. RANGEL. Mr. Speaker, if there is anybody in this body that knows
of anyone that has taken money from the government of China, they would
be aiding and abetting and involved as an accomplice in a felony unless
they reported it to our Attorney General.
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Mr. Speaker, I yield 3 minutes to the gentleman from California (Mr.
Matsui).
Mr. MATSUI. Mr. Speaker, I thank the gentleman from New York for
yielding me this time.
Mr. Speaker, it is really hard to take this whole issue seriously
this afternoon. We all know that it is not going to become law. It is
going to pass out of the House but the Senate will not take action on
it. That is why we are not seeing lobbyists clamber down on Capitol
Hill. That is why we are not seeing letters to the editor. That is why
we are seeing no stories in the major newspapers throughout the
country. This is really a political opportunity for one of the parties.
This is not going to become law. So it is really hard to get
particularly pushed out of shape or excited or concerned about this. It
is just not going to become law. Because the reality of the situation
is that those that are advancing this particular proposal really in
1997 added thousands of pages to the Tax Code. In fact, we have added
in 1997 when the Republicans were in control of the Congress 285 new
sections to the Tax Code, 824 new amendments to the Tax Code. This is
just in 1 year. There are now five ways, five separate ways to do
capital gains. In fact, Schedule D, which had 23 lines, now has 54
lines, and it really does take H Block to really figure it out. The
average person cannot do their taxes. Most of them do not have capital
gains so they do not have to worry about it. In addition to that, there
are now two different way to do IRAs, a back-ended way and a front-
ended way. In addition, you can convert over, but you better make sure
you understand your economic situation before you do.
We also have a number of different ways either to take a credit or a
deduction if you are a student. Should the student take it? Should the
student's parents take it? Should the grandparents take it? We have
really added complexity to the Code. The 1997 bill was probably the
worst tax bill the United States has ever had, because it added more
complexity to the Code than we have had in the last 25 years. And so
this is not a real exercise in good government. This is really a show
game.
I have to say that if it were taken seriously, I think people in this
country today would be really concerned. You would have to say, shall I
buy a house because I get a deduction on my home, and that is an
incentive, that reduces my taxes. But obviously if we changed the Code
or the Code is eliminated in 3 years, I may lose that deduction and all
of a sudden I might not be able to make my monthly payments on my other
expenses. But no one is saying that, because this is not a serious
effort. It is really a shame. We are going to be in until midnight
tonight and we are not going to take any really substantive action. The
irony of it is that we have 13 appropriations bills that are supposed
to pass, we have a budget, but we do not have it out of the House yet.
Not one appropriations bill has been taken to this body. There has been
no budget reconciled between the House and the Senate. It was supposed
to be done on April 15. Here we are at June 17, 2 months later. It is
amazing. It is absolutely amazing that we are wasting our time engaged
in this kind of activity that has no relevance, no value and certainly
it is something that is a political exercise that I think the American
public will eventually get disgusted with.
Mr. BUNNING. Mr. Speaker, I yield 2 minutes to the gentleman from
Texas (Mr. Hall).
(Mr. HALL of Texas asked and was given permission to revise and
extend his remarks.)
Mr. HALL of Texas. Mr. Speaker, I want to be logical about this. I
have thought a lot about it. I rise today in support of the Tax Code
Termination Act. I rise at a time when we are doing better. We are
doing better from the standpoint of economics. You can sell a piece of
property now. People can find a job. We have got the lowest inflation.
We have the lowest unemployment. Knowledgeable economists have told us
that we have the best economy we have had since the late 1940s and
early 1950s when we had the strongest financial position and strongest
geopolitical position in the history of this country. So I guess you
have to ask, why? Why are we where we are?
I think the President, the present President thinks that he caused
it. I think Mr. Dole probably think he did. I think Mr. Bush thinks it
is something he put into motion. But really and truly I believe it is
because we are just now getting over the lousy 1986 so-called Tax
Reform Act.
A lot of us have talked enthusiastically over the past few years
about the need to replace our current tax with one that is more
equitable, one that is more fair. Specific proposals for both a flat
tax and a sales tax replacement have been debated throughout this
country by proponents of these plans. A lot of us have signed on to
both of these bills.
The IRS administered Tax Code does not work. It has been the source
of endless anguish, unfairness, confusion and the invasion of privacy
for a lot of hard-working, well-intentioned Americans. In the interest
of fairness, however, I must say it is only accurate to note that many
hard-working and honest employees of the U.S. Treasury Department have
been embarrassed and appalled by some of the testimony by their fellow
employees during congressional hearings on IRS abuses. So I think they
know from within that we need to do something about the Tax Code that
we have. We have to recognize the fact that our Tax Code has
facilitated, and in many cases encouraged outrageous abuses while
escaping all attempts at reason and justice.
The American people deserve the right to know when it will end. We
need to be able to collectively undertake this important goal as
opposed to a mere debate.
{time} 1330
Mr. RANGEL. Mr. Speaker, I yield 2 minutes to the gentleman from New
York (Mr. Houghton).
(Mr. HOUGHTON asked and was given permission to revise and extend his
remarks.)
Mr. HOUGHTON. Mr. Speaker, I am not going to take long here, but I do
think that this is something which I would like to share an idea or two
with my colleagues. Let me tell them a story.
There was a man called Robert Ruark, and he wrote a story called
``Something of Value'' which talked about the end of colonialism in
Africa and the total chaos, and the reason there was chaos is that
there was nothing to take the place of the old governments. And I think
he said we could say as almost a general statement, ``When you take
something away, you must be able to put something in its place.''
Now I do not consider this a political argument at all. I consider
this an argument of technique. Some people think that the idea of
forcing an issue is the better way to get to an end rather than
logically taking a look at what the steps are in order to get where we
ultimately want to be.
I do not think anybody is happy with this Tax Code. I do not think
anybody is happy, as my colleagues know, really since the days of our
Lord when the Publicans were running around. I say ``Publicans,'' not
``Republicans,'' were going around and trying to collect taxes.
But really the question is: What is out there? I think we must exert
an element of judgment here.
As my colleagues know, to force something without anything at the
end, and let us say at the end of June in the year 2002 we have
nothing; what do we do? Where do we go? How does somebody plan? Will
there be Social Security? Will there be Medicare? Will there be
anything else? No one really knows.
Mr. Speaker, this is a very high stakes game, and to use a technique
of forcing something without any anything on the other end I think is
highly irresponsible, and therefore I think it is a bad measure and
something which we should vote against.
Mr. BUNNING. Mr. Speaker, I yield 2 minutes to the gentlewoman from
Wyoming (Mrs. Cubin).
Mrs. CUBIN. Mr. Speaker, I rise in strong support of
H.R. 3097, the
Tax Code Termination Act. I intend to vote for the passage of this
legislation, not just because I am a cosponsor of the bill, but also
because it makes sense. I have to just take exception with some
statements by the speaker from California who talked about increasing
people's taxes because of the possibility of not being able to deduct
mortgage interest from their income and
[[Page
Amendments:
Cosponsors:
TAX CODE TERMINATION ACT
Sponsor:
Summary:
All articles in House section
TAX CODE TERMINATION ACT
(House of Representatives - June 17, 1998)
Text of this article available as:
TXT
PDF
[Pages
H4654-H4677]
TAX CODE TERMINATION ACT
Mr. BUNNING. Mr. Speaker, pursuant to House Resolution 472, I call up
the bill (
H.R. 3097) to terminate the Internal Revenue Code of 1986,
and ask for its immediate consideration in the House.
The Clerk read the title of the bill.
The SPEAKER pro tempore. The bill is considered read for amendment.
The text of
H.R. 3097 is as follows:
H.R. 3097
Be it enacted by the Senate and House of Representatives of
the United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Tax Code Termination Act''.
SEC. 2. TERMINATION OF INTERNAL REVENUE CODE OF 1986.
(a) In General.--No tax shall be imposed by the Internal
Revenue Code of 1986--
(1) for any taxable year beginning after December 31, 2001,
and
(2) in the case of any tax not imposed on the basis of a
taxable year, on any taxable event or for any period after
December 31, 2001.
(b) Exception.--Subsection (a) shall not apply to taxes
imposed by--
(1) chapter 2 of such Code (relating to tax on self-
employment income),
(2) chapter 21 of such Code (relating to Federal Insurance
Contributions Act), and
(3) chapter 22 of such Code (relating to Railroad
Retirement Tax Act).
SEC. 3. NEW FEDERAL TAX SYSTEM.
(a) Structure.--The Congress hereby declares that any new
Federal tax system should be a simple and fair system that--
(1) applies a low rate to all Americans,
(2) provides tax relief for working Americans,
(3) protects the rights of taxpayers and reduces tax
collection abuses,
(4) eliminates the bias against savings and investment,
(5) promotes economic growth and job creation, and
(6) does not penalize marriage or families.
(b) Timing of Implementation.--In order to ensure an easy
transition and effective implementation, the Congress hereby
declares that any new Federal tax system should be approved
by Congress in its final form no later than July 4, 2001.
The SPEAKER pro tempore. Pursuant to House Resolution 472, the
amendment in the nature of a substitute printed in
House Report 105-580
is adopted.
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H4655]]
The text of the amendment in the nature of a substitute is as
follows:
Strike all after the enacting clause and insert the
following:
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Tax Code Termination Act''.
SEC. 2. TERMINATION OF INTERNAL REVENUE CODE OF 1986.
(a) In General.--No tax shall be imposed by the Internal
Revenue Code of 1986--
(1) for any taxable year beginning after December 31, 2002,
and
(2) in the case of any tax not imposed on the basis of a
taxable year, on any taxable event or for any period after
December 31, 2002.
(b) Exception.--Subsection (a) shall not apply to taxes
imposed by--
(1) chapter 2 of such Code (relating to tax on self-
employment income),
(2) chapter 21 of such Code (relating to Federal Insurance
Contributions Act), and
(3) chapter 22 of such Code (relating to Railroad
Retirement Tax Act).
SEC. 3. NEW FEDERAL TAX SYSTEM.
(a) Structure.--The Congress hereby declares that any new
Federal tax system should be a simple and fair system that--
(1) applies a low rate to all Americans,
(2) provides tax relief for working Americans,
(3) protects the rights of taxpayers and reduces tax
collection abuses,
(4) eliminates the bias against savings and investment,
(5) promotes economic growth and job creation, and
(6) does not penalize marriage or families.
(b) Timing of Implementation.--In order to ensure an easy
transition and effective implementation, the Congress hereby
declares that any new Federal tax system should be approved
by Congress in its final form no later than July 4, 2002.
The SPEAKER pro tempore. The gentleman from Kentucky (Mr. Bunning)
and the gentleman from New York (Mr. Rangel) each will control 1 hour.
The Chair recognizes the gentleman from Kentucky (Mr. Bunning).
General Leave
Mr. BUNNING. Mr. Speaker, I ask unanimous consent that all Members
have 5 legislative days in which to revise and extend their remarks and
include extraneous material on
H.R. 3097.
The SPEAKER pro tempore. Is there objection to the request of the
gentleman from Kentucky?
There was no objection.
Mr. BUNNING. Mr. Speaker, I yield myself such time as I may consume
to open the debate on this bill.
Mr. Speaker, the Federal income tax system is broken beyond repair.
We cannot tinker with it any longer and make it work any better. We
need to wholesale reform and totally overhaul the system.
There are two basic elements that are absolutely necessary for a
Federal tax system. It must be understandable, and it must be fair. As
it now stands, our Federal income tax fails badly on both counts.
Our Tax Code has become so complex that no one can understand it.
When tax experts cannot agree on how much an American taxpayer owes,
how can we expect the average taxpayer to understand it?
This complexity is expensive. It costs over $300 billion a year for
taxpayers to comply with the Tax Code. That is money that is totally
wasted. It does not benefit government or increase funding for
essential services. It does not benefit the private sector or create
investment, develop jobs, or improve the quality of life. It is just
money down the drain. It is a crime.
Our Tax Code is unfair. We have focused a great deal of attention
this year on the marriage penalty, but this is just one of hundreds of
inequities in the existing law.
Over the years, Congress has created a hodgepodge of loopholes and
arcane tax incentives, most of which were well-intentioned. But when
you take them altogether and weed them into a 5\1/2\ million word tax
code, it creates such a mess that only the very wealthy have the
ability to take advantage of them. That creates unfairness. As a
result, the American people have lost confidence in their tax system.
Incremental change is not enough. We have tried that. It has resulted
in failure and more complexity. We need real reform, a total overhaul
of the Tax Code. We need to restore that confidence.
That is what this bill is all about. It simply says that the sun will
set on the Internal Revenue Code as we know it on December 31, 2002. It
gives Congress 3 years to debate and develop a new tax system.
It would simply force Congress to do in a timely manner what we need,
no, what needs to be done, to pull the Federal income tax code out by
its roots and replace it with an income tax system that is fair and
understandable. This bill will help us do that. I urge my colleagues to
support and vote for
H.R. 3097.
Mr. Speaker, I reserve the balance of my time.
Mr. RANGEL. Mr. Speaker, I yield myself as much time as I may
consume.
(Mr. RANGEL asked and was given permission to revise and extend his
remarks.)
Mr. RANGEL. Mr. Speaker, this is a historic moment in the history
because of our Congress, because I do not think that we will ever live
to see a more irresponsible act committed by any Member of Congress.
I know that this is an election year and so some leeway has to be
given to the majority because, unfortunately, there is no institutional
memory of them having passed any legislation this year. Being a
politician myself, I can understand how they would like to capture the
voters' imagination by doing something dramatic.
But just to abolish the Tax Code, just to say that, by the year 2002,
no tax shall be imposed by the Internal Revenue code, what a gift to
give the American people. You will not have to pay any taxes until the
Republicans, and do not laugh, until the Republican majority comes up
with an idea as to how they are going to replace it.
Let us think this one out. Who has been in charge for the last 3
years? Who had the majority? Who had the opportunity, really, to
substitute this complex mess that they talk about? But rather than to
come together, as if that is possible, with some type of a meaningful,
fair tax code that would increase economic productivity for our great
Nation and to continue to propel the prosperity that President Clinton
has brought to us, they would rather just pull up the Tax Code by the
roots.
I assume that, while they are pulling it up by the roots, that this
800 pages of what they call a tax bill last year is mere fertilizer for
the Tax Code that they are going to bring to us. Where are these great
ideas that you have?
Should the American people not have some idea as to where do you meet
to come up with a new code? Years ago, Members would go to the
Committee on Ways and Means. Now we go to the Committee on Rules. We
have people just telling us what they are going to end, but no one is
there to tell us what they are going to start.
I have served on the Committee on Ways and Means for two decades.
Every year, we had a tax bill; some good, some bad. For the last 3
years, we have not had anything that is coming up that is new.
I want the Republicans to understand this, if they do not understand
anything at all, they are in charge. They have a majority. They have
the ability to call their troops together and vote for anything that
they want, whether it is good or, in most cases, bad. But for God's
sake, just with all due intention I did not bring the Bible, so I did
not mean to say that, but for goodness sake, do not end something
unless you tell the American people what do you intend to replace it
with.
We have business people that are planning now for the future. I would
want them to call their Congressman, but since this issue is not being
dealt with with the Congress, and since we do not know where the Tax
Code is going to come from, and since the Committee on Ways and Means
has lost jurisdiction, whoever meets with the Speaker should know what
he is going to come up with.
I would say, if people are planning for the future, whether they are
going to have bonds out there, whether the States are going to have
municipal bonds, where people want to know how to plan, call the
Speaker, because I think he has some good ideas that he will not share
with us.
Second, if you are a hospital, church, synagogue, charitable
organization, there is nothing in this bill that terminates that says
you are going to be protected. I know the Republicans are going to
protect them, so do not be afraid, but ask them how are they going to
be protected.
If we own a home and we have mortgage payments and we have been
deducting them, we can deduct until the year 2000, and then we do not
have to deduct anymore.
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{time} 1245
Now, I do not know what happens, but we can call the Speaker and he
will tell us what plans he has for mortgage deductions. And I tell my
colleagues that, as complicated as this bill is, as bad as the
Republican passed tax bill is, at least we know what we got. The fear
is what are they going to come up with when for 3 years they have not
even come up with a good idea.
So I do hope that in the course of this debate that someone would
come up with some kind of a plan that would give us some idea as to
what they are going to fill this vacuum with. But I think killing the
IRS, pulling it up by the roots, that the American people deserve
better than just a bumper sticker.
And if people do not like paying taxes and they think this is the
solution, then I beg the Democrats in the minority, if they can just
pass a law to keep us from paying taxes, why can we not pass a law to
stop people from paying their debts? Why not? And if we do not like
that, let us pass a law to terminate cancer. Let us think of something
more exciting than our irresponsible brothers and sisters over here,
and we will just say that if anyone votes against it, it means they
support cancer; if they vote against it, they support paying back
debts.
I am ashamed that this is happening in the House, but I know the
United States Chamber of Commerce and the local Chambers of Commerce
around this country will study this termination bill and I hope we hear
from them much before the election.
Mr. Speaker, I reserve the balance of my time.
Mr. BUNNING. Mr. Speaker, I yield 2 minutes to the gentleman from
Oklahoma (Mr. Largent), one of the authors of the bill, to respond.
Mr. LARGENT. Mr. Speaker, the previous speaker got one thing right,
this is an historic moment. Understand, no one likes to be forced to do
anything. My children do not like to be forced to make their bed and
Congress certainly does not like to be forced to do anything. This bill
simply does that, it forces Congress to quit talking about
comprehensive tax reform and actually do something about it.
And I would suggest to the previous speaker that maybe the reason he
is in the minority and not in control is because it was his side that
gave us this, the 6,200 pages that we currently know as the tax forms
and instructions about how to file our tax returns today.
And the gentleman is also right about another thing. The way it has
always been done before is to go to the Committee on Ways and Means, in
a small room in the back, and a few people decide about what the Tax
Code should look like for the American people. What we are trying to do
is to include all of the American people in the debate and in the
discussion and in coming up with a comprehensive tax reform that is
written not by a few people on the Committee on Ways and Means but is a
consensus opinion of the American people and the business people in the
communities around the country, the people that are suffering through
5.4 billion hours filing their tax return every year at a cost of
somewhere over $200 billion just simply to comply with the current Tax
Code.
So the gentleman is right, we are trying to do it differently, we are
trying to make sure it does not happen in the Speaker's room or in the
Committee on Ways and Means but in the living rooms of the American
people in this country, where they have a voice in the way their
government writes a new comprehensive tax law.
Mr. RANGEL. Mr. Speaker, I yield myself 1 minute to say to the
distinguished gentleman that he keeps referring to that pile there as
being something that has been put together by the Democrats. When we
had a debate on the rule, I thought he said that this 800 pound tax
document was passed by the Republican majority and he voted for it. So
I would be glad to go over there and just put this on that pile.
The second thing is that, we do not have to be another tax expert to
know that the Congress should not be having to be forced to do
anything. The majority should not have to force themselves to be
responsible. All they have to do is take their consensus from the
people and pass a decent, respectable, fair and equitable progressive
tax bill. They should not force themselves to do it; just do the right
thing.
Mr. Speaker, I yield 3 minutes to the gentleman from California (Mr.
Stark).
Mr. STARK. Mr. Speaker, I thank the gentleman for yielding me this
time.
We have talked today about the asininity of this bill, the sheer
folly, the sophomoric sort of approach. I guess I would remind the
people that it is the Republicans that shut down the government several
times because they were unable to come up with a budget. I would
challenge any Republican who has an idea, much less an idea of what
they would do just in the oft chance they fail to come up with a bill.
And even if they were to come up with a bill, they are not telling us
what happens, say, in health care, an issue which they postulate a good
bit about and posture about. The Armey flat tax bill, which they might
choose, imposes tax penalties on employers that provide health care
benefits to their employees. The Tauzin retail sales tax bill imposes a
sales tax on people when they pay for health insurance and health care.
I wonder if that is what they intend to do.
The Republicans voted to increase the rate at which self-employed
people could deduct their health care. This will end that. I presume
that they really do not care, as they have not in the past, about
providing health care to the 45 million uninsured. I am sure that they
do not want to help employers pay for it, because I think they are
indifferent.
I am not sure that anyplace in the King James version of the Bible it
suggests that employers should pay for health care benefits or that we
should insure people. Therefore, some Republicans will tend to ignore
the suffering that people have for lack of health care. The basic fact
is that this is sheer irresponsibility, obviously drafted by people
with no understanding of business or the Tax Code or economics, some
things that are important to having the country's economy function.
One of the things that many of my colleagues on the Republican side
have been very assertive of is States rights. But what they do not
understand is that this would also destroy many States' ability to
raise any revenue. Many States that have an income tax parallel or
mirror the Internal Revenue Code. And if in fact, as their bill
suggests, we would stop collecting funds in the year 2002, we would,
therefore, put these States out of business. And we would not have,
obviously, any Federal money to support them. So they are impacting
many States. The unintended consequences of this bill are legion.
So that I want to remind my friends and colleagues that no one
suggests that we should not reform the Tax Code. The last major reform
was led by Ronald Reagan, at his insistence. Much of what is stacked
over on that table was Ronald Reagan's suggestion, which we passed. And
it was not a bad bill, I might add. Now, we have no bill and we have a
nonsensical campaign bumper sticker, and I hope we vote it down and do
not see this kind of embarrassing legislation brought again.
Mr. BUNNING. Mr. Speaker, I yield 3 minutes to the gentlewoman from
Washington (Ms. Dunn).
Ms. DUNN. Mr. Speaker, after serving on the House Committee on Ways
and Means for the past 3\1/2\ years, I am continuing to be amazed by
the outrageous provisions that are involved in our current income Tax
Code. In no small part, many of these provisions that are a function of
the Tax Code have spiraled out of control. The irony is that while our
Tax Code has just about 7 million words, it lacks two regular words,
and those words, Mr. Speaker, are common sense.
The current income tax system is far too complex and it is a source
of utter frustration for millions of hardworking Americans and for
their families. Over the past few years I have heard from thousands of
constituents in my district alone and they have talked to me about
hundreds of problems they have experienced with the system of taxation.
A common theme, as we all know, has been the intrusive nature of the
Internal Revenue Service. I believe it is time for this issue to be
brought out of America's kitchen and on to the committee calendars of
the Congress.
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Money magazine last year reported that not one of 45 professional tax
preparers could accurately compute a hypothetical family's tax return.
Fewer than one in four came within even $1,000 of the correct figure.
How can we expect average citizens to comply with a code when licensed
professionals, who have spent years studying the system, cannot even
get it right.
Not only this, but the cost of compliance for the average family is
horrendous. Each year Americans devote 8 to 10 billion hours complying
with our Tax Code. This amounts to over 5 million Americans working all
year long, the equivalent of the entire work force of my State,
Washington State, of Iowa and Maine. The cost of complying totals about
$200 billion annually, or $700 for each, man, woman and child in
America.
These are just the numbers associated with following the law. The
income tax system involves a number of other costs, including those
associated with enforcement and collection, as well as the cost of tax
litigation.
Sunsetting the code will work. President Clinton described this plan
as reckless or irresponsible. Actually, as the President should know,
it is common practice. Major Federal Government programs, such as
spending on highways, education and agriculture, regularly expire and
are rewritten in 5-year increments. This is a strategy also used by the
States, who understand that change will not occur unless they break
through the gridlock. This is exactly how this legislation to sunset
the Tax Code will work.
There is a national debate going on outside the Congress, Mr.
Speaker, on the direction of the Tax Code. We have a terrific
opportunity here today to improve the Federal system of corporate and
personal income taxation in a manner that will both significantly
improve the economic performance of our Nation and substantially reduce
the compliance and administrative burden on American families. By
scrapping this code, we will bring this debate into focus and force
ourselves to discuss this issue. I urge its support.
Mr. RANGEL. Mr. Speaker, I yield 3 minutes to the gentleman from
Washington (Mr. McDermott).
(Mr. McDERMOTT asked and was given permission to revise and extend
his remarks.)
Mr. McDERMOTT. Mr. Speaker, it is really hard to come down here and
be serious about this kind of thing. No one likes to pay taxes, no one
likes to have to sit down once a year and send money to the government
to run it, but what we have today, in an effort to tap voter discontent
by the Republicans, is a cheap campaign prop. This is a bumper strip we
are doing today, that is why it is only about two sentences long.
In order to take this seriously, we have to go back to a satirist who
used to write for the Baltimore Sun by the name of H. L. Mencken. H. L.
Mencken called the American public ``Boobis Americanus''. That is, they
are all stupid. Now, in order for my colleagues to come with a bill
like this, they have to think the American people are stupid; that they
simply do not know what is going on. If we say to the American people
that right now we spend $1,200,000,000 and we are going to wipe all
that out and we are going to get it from somewhere else; now, where are
they going to get it from? The moon? Or from somebody else? This sounds
like a bill based on the Senator Long theory of, ``Don't tax you, don't
tax me, tax that guy behind a tree.''
The American public knows there has to be a Tax Code if we are going
to have the kinds of goods and services that we want in this country:
Social Security, Medicare, highways, national defense. My colleagues
are not going to get rid of the money. They simply are creating the
illusion for people that they will come up with a Tax Code that will
not tax them, it will tax somebody else.
Well, how stupid do my colleagues think the American people really
are? They know that their deduction for their interest on their house
they get now. My colleagues are not guaranteeing them anything on their
house. My colleagues are not guaranteeing that their employer can
deduct paying for health care for them. The average employer today, if
he spends $100 on health insurance, actually costs him $65. If we
repeal the code, it costs $120.
Now, I know my colleagues will say, oh, we are going to take care of
that. Well, if my colleagues are going to take care of it, why do they
not put a proposal out here to simply say that they are going to wipe
out the code and come back some day, some uncertain time?
The gentleman from California (Mr. Stark) raised another issue which
my colleagues really are not thinking about. The Republicans are
creating chaos in this country, in the business community planning. No
businessman can plan 3 years out.
{time} 1300
The problem with us is we plan 2 years out. Business plans 5, 10, 20.
They want chaos. This is a bad piece of legislation.
Seeking to tap into voter discontent about the complexity of the tax
code, the Republican leadership today is disregarding the major issues
confronting our nation in order to turn the House Floor into a cheap
campaign prop. So while this bunch wastes your tax dollars by ranting,
raving and campaigning about how they want to ``rip the tax code up by
its roots''--without having any idea what tax system they want to
replace it with--I am going to talk about what impact this rhetoric
will have on real people. In particular, what this extremist
legislation will mean to the ability of Americans to purchase
affordable health care.
Before I begin, it is important to note that the same people in the
Republican majority currently peddling this ``scrap the code''
rhetoric, just last fall voted to add hundreds of new pages to the tax
code and a myriad of new complex tax computations. Because of last
year's tax law, this bunch added 35 new lines alone to taxpayers
capital gains tax forms. So, keep that in mind that when you hear this
bunch talk about tax simplicity--they are the ones who 6 months ago
made the tax system a whole lot more complex.
Most disturbing in their ``scrap the code'' rhetoric is the proposal
to establish a rhetorically pleasing, yet critically flawed ``flat
tax.'' This plan is often criticized because of its substantial revenue
losses, its unfair redistribution of the tax burden, and its
elimination of subsidies for home ownership.
This push for the flat tax may help Republicans at the polls, but for
the millions of American workers who need affordable health insurance,
the flat tax is disastrous. While not necessarily ``news'' to the 42
million uninsured and the 29 million more who are underinsured in this
country, there is no question that the group of workers and early
retirees who will get hurt by the flat tax are the same ones who are
currently being threatened by rising health costs in this country.
A recent study by the National Coalition for Health Care found that
between 1985 and 1997, the cost of health care doubled and it is
expected to double again in the next decade. Next year alone, health
premiums are estimated to rise between 5 and 10 percent--a rate at
least twice that of the increase in benefits and wages. The number of
uninsured in this country will exceed 42 million next year and by 2005,
it is estimated that one in five Americans under the age of 65 will be
without health insurance.
The impact passage of the flat tax will have on worker's health
insurance would be devastating. Under current law, there are
substantial income tax incentives for employer-provided health
benefits, with additional tax-benefits available to the self-employed
who purchase health insurance. Employer-provided health benefits are
exempt from income tax, Social Security, and Medicare employment taxes.
For example, under the current system, the after-tax cost to an
employer that provides $100 in health benefits to their employees is
$65. Yet, the flat-tax plan destroys this health insurance incentive by
increasing the employer's after-tax cost to $120.
Under the flat tax's domestic business tax, amounts paid for non-cash
fringe benefits, such as health care, are not deductible. As a result,
the plan would impose an onerous tax penalty on employers providing
health benefits. This legislation goes a step further by including a
new tax on tax-exempt charitable organizations and Federal, State, and
local governments equal to 20 percent of the amount paid for health
benefits for their workers.
Health benefits to retired workers will also decline. Many companies
have large and burdensome liabilities for retiree health benefits and
in recent years, those same companies have tried to limit benefits.
The likely response from employers to the flat tax's tax penalties
will be a significant reduction in health care benefits available to
its current, future, and retired workers. Just last year, MIT economist
James Poterba warned that ending the tax preference for employers who
provide health insurance would cause the number of American families
without health insurance to increase by 20 percent!
In fact, such a decline in employer-provided health benefits should
not surprise anyone familiar with the history of the flat tax.
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When the Kemp Commission first proposed adoption of the flat tax,
even the Health Insurance Association of America--the same group that
spent millions of dollars to kill expansion of health care coverage in
1994 and is on the verge of spending millions more to kill managed care
safeguards--warned ``one of the unintended consequences of eliminating
the exclusion for health insurance premiums is likely to be a rapid
increase in the number of people without private health insurance
coverage.''
If you want to terminate the tax code, it is vital that you
understand the ramifications of each remedy. There's no question that
ripping away crucial tax incentives will increase the cost of health
care in this country.
I find it amazing that instead of finding ways to improve the
quality, affordability, and availably of health insurance, the Majority
is using its control of Congress to make America's health care problems
worse.
Before you jump on the ``scrap the code'' bandwagon, think, for a
second, abut what this legislation will mean to the affordability of
health car for America's workers, their families, and their employers.
Unfortunately, it's clear form this debate that all this bunch is
interested in doing is devaluing the legislative process of our
democracy in order to create a simplistic bumper-sticker slogan in time
for November's elections.
Mr. BUNNING. Mr. Speaker, I yield 2 minutes to the gentleman from
Pennsylvania (Mr. English).
Mr. ENGLISH of Pennsylvania. Mr. Speaker, I thank the gentleman for
yielding me the time.
Mr. Speaker, our tax system hangs like an albatross around the neck
of the American taxpayer, stifling savings and productive investment,
and arbitrarily punishing or subsidizing activity and making the
process of paying taxes nightmarishly complex even for those of modest
means.
In my view, the time has come to replace our current tax system. But
we will never do it unless we overcome the inertia of the legislative
process, unless we override the influence of the entrenched special
interests who have a stake in the complexity of the Tax Code and who
savor gridlock on this issue, and unless and until we force the issue
and put everyone's feet to the fire.
We propose to do that today. I rise in strong support of the Tax Code
Termination Act, legislation that will finally give American taxpayers
a solid time line for fundamental tax reform.
Mr. Speaker, I have been a strong advocate of replacing our current
Tax Code with a system that is fairer, radically simpler, eliminates
the bias against savings, and will allow the U.S. to be more
competitive internationally. I am prepared to accept the challenge of
the gentleman from California to put forward my proposal this year. But
replacing the Tax Code will be an enormous undertaking, and the time
line for consideration should not be put off one more day.
I challenge my colleagues, if they do not believe we can replace the
current Tax Code with something simpler and fairer that will meet the
needs of the American public, then vote against this bill. If they feel
that any tax reform inevitably is going to be an improvement, as I do,
vote for this legislation and put our feet to the fire.
Mr. RANGEL. Mr. Speaker, I yield 3 minutes to the gentleman from
Maryland (Mr. Cardin).
Mr. CARDIN. Mr. Speaker, I rise in opposition to the current Tax Code
and in support of comprehensive reform of our Federal tax system.
I, too, agree that our Federal tax system is too complex, it is not
efficient, it costs our taxpayers too much to comply with it, it is not
sensitive for savings, we rely too much on income taxes. But the
legislation before us is one of the strangest notions I have
encountered in the 12 years I have served in this body.
The bill is a result of frustration in our current tax structure, and
it tells a Congress in the future to do something about it. We have had
4 years under Republican leadership to try to do something about our
Tax Code. In this term, I thought we were going to do something.
Last year, in a bipartisan way, we joined Democrats and Republicans
to reform the Internal Revenue Service. We thought that bill would pass
last year. It is still lingering within a conference committee. If we
want to do something, why are we not using the time today to at least
reform the IRS and deal with the tax collecting agency? But instead,
no, we are debating some myth about what we are going to do in the
future. It is outrageous.
It is not even a fig leaf. We have not had a hearing on this
proposal. We do not know what it is all about. Why are we not debating
specific proposals on this floor?
Mr. Speaker, yesterday in the Baltimore Sun, my local paper, I
authored an article about why I thought a VAT tax is better than a flat
tax and why we do not need a corporate income tax and we should be
encouraging more savings. Why are we not having that proposal on the
floor today and debating? Why is the Republican leadership not giving
the American public real reform rather than bringing up a hope of what
is going to happen 4 years from now, causing all types of panic about
people trying to plan for their futures.
People are trying to figure out how to save for their retirement.
They want to know what the tax rules are going to be. And we are going
to tell them, we are going to change them, but we are not going to tell
them what it is going to be? How irresponsible. How wrong.
Use the time we have. This schedule this year has been embarrassing.
We have not been here most of the time. Why are we not using the time
this year to have a serious debate on tax reform rather than bringing
up this sham?
It is wrong. They know it is wrong. This is not the right way to go.
I urge my colleagues to defeat the bill.
Mr. Speaker, I rise in opposition to the current tax code, and in
support of a real debate on comprehensive reform of the federal tax
system.
The legislation before us is one of the strangest notions I have
encountered in the twelve years I have served in this House. The bill
is the result of frustration with the current tax system. Normally,
when members of Congress seek to change existing law, they introduce
legislation to make the changes they support.
But this bill doesn't do that. We are here, in the 105th Congress,
debating a bill that says that the tax code is such a mess that the
107th Congress should do something about it.
That's not a serious proposal for simplifying the tax code. Instead
of real tax reform, it is just an empty promise.
Yesterday, the op-ed page of the Baltimore Sun, my home town
newspaper, printed my article titled ``Why a VAT tax is better than a
flat tax.''
The article presented my view that we should replace the existing tax
code with a broad-based consumption tax, and relieve 75 million
Americans of the burden of the individual income tax. I support repeal
of the corporate income tax. Some members of the House will agree with
my position; others will disagree.
We should begin this debate now, rather than putting it off until the
year 2002. We need to reform the tax code, and when we have done our
jobs, and written a tax code that does not punish the American people,
I will be proud to join in voting to sunset the existing code. Until
then, Mr. Speaker, this process is nothing but talk.
Mr. BUNNING. Mr. Speaker, I yield 2 minutes to the gentleman from
Texas (Mr. Sam Johnson).
(Mr. SAM JOHNSON of Texas asked and was given permission to revise
and extend his remarks.)
Mr. SAM JOHNSON of Texas. Mr. Speaker, we have had hearings, and 2\1/
2\ years ought to be long enough for the people of the United States to
speak and determine what tax they want.
The current Tax Code is complex, confusing, corrupt, costly,
coercive, and a lot of other Cs that I cannot think of. But so far
there is a lot of talk and no action. When it comes to tax reform, a
sunset date will force us to take action and relieve the American
taxpayer.
We ought to also repeal the 16th Amendment of the Constitution, and I
have introduced a bill to do such a thing, the Tax Freedom Act. It
outlaws Congress' ability to collect taxes on income except in time of
war. Both these bills accomplish one common goal. No matter whether you
support a flat tax, consumption tax, value-added tax, national sales
tax, blue, black, brown, whatever, the common goal is replacing the
current complicated Tax Code.
Fundamental and comprehensive tax reform will be one of the most
profound changes this Nation experiences this century. The Tax Code
Termination Act brings us one step closer to achieving that change and
restoring freedom to the American taxpayer.
Americans want, need, and deserve to get rid of IRS oppression. We
have been
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talking about tax reform for years. Mr. Speaker, it is time to quit
talking and start action, and this bill does just that.
Mr. RANGEL. Mr. Speaker, I am reminded that when Dr. Frankenstein
created his monster, he went immediately to trying to get rid of it.
And, so, as the Republicans pass this tax bill, this is the same bill
they want to pull up and pull up by the roots.
Gentlemen, it is your bill. Do with it what you want.
Mr. Speaker, I yield 3\1/2\ minutes to the gentlewoman from
Connecticut (Mrs. Kennelly).
Mrs. KENNELLY of Connecticut. Mr. Speaker, I rise in strong
opposition to this legislation to terminate the Internal Revenue Code
without replacing it with a system that is fairer, that is simpler, and
encourages economic growth.
I come from a State, a small State, Connecticut. But in that State,
we have 18 of the Fortune 500 companies. Now, I can just imagine a
conversation between a CEO and a board of directors when they hear that
this bill is passed, because he or she would have to explain to the
respective boards of directors how millions, and in some cases
billions, in assets will disappear from their corporate balance sheets
because of this legislation.
The chief financial officer will have to explain there is nothing
that can be done to prevent this because the Congress passed a bill to
eliminate the Code and did not replace it with anything. And as a
result of this bill, excess foreign tax credits would disappear,
reducing the company's net worth.
As we all know, foreign tax credits are carried as assets in today's
corporate balance sheets. As a result of this bill, the corporate
alternative minimum tax credit carried forward would disappear,
reducing the company's net worth. Of course, as we know, the corporate
alternative minimum tax credits are carried as assets on today's
balance sheets.
And as a result of this bill, research and experimentation credits
would disappear, because as we know, R credits are carried as assets
and those would just go away.
As a result of this bill, deferred tax assets representing retiree
health obligations would disappear, reducing the company's net worth.
Not to mention providing retiree health benefits would then disappear
because they could not write them off.
The Financial Standards Accounting Board happens to require companies
to charge retiree health obligations against current earnings. Retiree
health obligations are deductible when actually paid. These deductions
carried on today's corporate balance sheets are deferred tax assets.
They would disappear.
And as a result of this bill, operating loss carried forward would
disappear, reducing the company's net worth. Net operating loss carried
forward are carried as assets on today's corporate balance sheets.
Unfortunately, many of these CEOs are going to find themselves
explaining more than one of these things. In a few cases, the loss of
the impact on these changes on the balance sheets could result in a
profitable company losing all their positive net worth. Because this is
the fact of the Code as it exists today, and if we do not replace it
with something, all these things happen.
I thought the majority in this Congress was opposed to takings. But,
as I read this list, I guess not. But it gets worse.
While the CEO needs to explain to the board that the business plan is
no longer operative, the small businessman finds he is facing the same
problem. A businessman or businesswoman would have to realize the rate
of return on capital can no longer be projected.
She has no idea how the company should calculate labor costs. She has
no idea how to determine the most efficient financing mechanism for the
new building that they will have purchased. They have no idea of the
period over which the new equipment could be depreciated. I wonder how
many CEOs would lose their jobs or how many small businesses would go
out of business.
It is because of these concerns, very real concerns, and I have been
on the Committee on Ways and Means for now 13 years, that the National
Association of Manufacturers are opposed to this bill.
The Internal Revenue Code is far from perfect. We all know it. But if
we are going to eliminate it, replace it with something that is
simpler, fairer, and encourages economic growth. That is all we ask
today. Do the whole job, not just half of it.
Mr. BUNNING. Mr. Speaker, I yield 3 minutes to the gentleman from
Colorado (Mr. Dan Schaefer).
(Mr. DAN SCHAEFER of Colorado asked and was given permission to
revise and extend his remarks.)
Mr. THOMAS. Mr. Speaker, will the gentleman yield?
Mr. DAN SCHAEFER of Colorado. I yield to the gentleman from
California.
Mr. THOMAS. Mr. Speaker, if we would listen to the gentlewoman from
Connecticut (Mrs. Kennelly), who just spoke, what we would have to
believe is that the business world did not exist prior to the invention
of the Internal Revenue Tax Code; that corporations offer health care
only because they get a tax deduction; without the tax deduction, there
would be no compassion on the part of the owner to the worker; and that
all of the complications that a CEO would have to deal with, in fact
jeopardizing their job, are essential to running a business.
What in the world did business do before there was an Internal
Revenue Service?
Mr. DAN SCHAEFER of Colorado. Mr. Speaker, during my 15 years here in
the House, literally thousands of taxpayers have contacted me to
express their frustration with the current code that we have.
The Tax Code is so complicated that even those who call themselves
tax experts cannot figure it out. Let me give my colleagues a good
example.
Last November, Money Magazine gave 45 accountants nationwide a
financial profile of a fictional family and asked them to prepare a
hypothetical tax return. Not only did all 45 come up with different
answers, but the computed tax liability ranged from $36,000 to $94,000.
No one knows whether they are illegal or not illegal anymore when
they file their returns. Today, the average family pays more in taxes
than it spends on food, clothing, and shelter combined. As a whole,
Americans will spend at least $200 billion and over $5 billion
complying with the income tax this year alone. This is more time than
it takes to produce every car, truck, and van in the United States each
year.
Tracking all this paperwork requires the Internal Revenue Service,
five times larger than the Federal Bureau of Investigation. And unlike
the FBI, the IRS's power is nearly absolute. It may search our property
and records without a court order. And although both the House and
Senate have overwhelmingly passed substantial IRS reform bills, I do
not believe that that alone will prove successful.
Over the past several years, I have talked to audiences nationwide
about the case of replacing the Federal income tax with a national
sales tax. Two years ago we introduced the National Retail Tax Act of
1996, and just last year reintroduced it again in
H.R. 2001. This
legislation is going to abolish the IRS completely, eliminate corporate
taxes, gift taxes, capital gains tax, inheritance taxes, gift taxes,
and all excise taxes unless they are tied to a trust fund.
I think this is the way to do it. Let us for once take the power of
taxation away from Congress, give it to the American people, and let
then decide. And once and for all, let us eliminate 8,000-plus pages in
the Tax Code and replace it with a Tax Code that is going to say April
15 is another bright, spring day.
Mr. RANGEL. Mr. Speaker, I yield 2\1/2\ minutes to the gentlewoman
from Michigan (Ms. Stabenow).
Ms. STABENOW. Mr. Speaker, I rise today to urge a no vote on the
bill, but to first indicate that I have voted for IRS reform that we
are still waiting to pass this Congress. I support real tax reform. And
I would even support a deadline if there were alternatives proposed by
the other side, by the majority, that were good for hard-working men
and women in my district.
{time} 1315
Mr. Speaker, before coming to Congress, I served for 16 years on the
tax and finance committees in the Michigan legislature. I supported and
sponsored numerous tax cut bills. But in
[[Page
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each case, they were making things better for the middle-class
families, family farmers and small business people that I represented.
Unfortunately in this case, the alternatives proposed by the majority
are even worse, even more unfair than the current system. For instance,
a national retail sales tax, which is also a use tax on professionals
and entrepreneurs, would, according to the tax analysts, raise the cost
of buying goods and services something close to 30 percent when all is
figured. Houses, cars, food, prescription drugs for our senior
citizens, on and on. Insurance premiums. It goes on and on. In addition
to that, it would tax doctor's visits. It would tax accountant's
visits. It would create a situation where every small business person
and entrepreneur in my district, every professional, would have to
become a tax collector. I do not call that better than what we have
right now. Let us really fix it and really do something that is better
by proposing a real alternative. In addition, the flat taxes that have
been proposed by the other side just shift from wealthy individuals to
the middle-class families in my district.
Mr. Speaker, I want to see something simpler. I want to see reform.
But let us do it in a way that does not involve the proposals coming
from the other side which are not good certainly for the people that I
represent in Michigan.
I would urge a ``no'' vote on the bill. I would urge my colleagues
instead to do what we did last year. Let us join together in a
bipartisan way. We passed a balanced budget amendment. We passed tax
cuts last year. Let us join together and create real reform for the
real hard-working families, middle-class Americans that deserve the
relief in this country.
Mr. BUNNING. Mr. Speaker, I yield 2 minutes to the gentleman from
Minnesota (Mr. Peterson).
Mr. PETERSON of Minnesota. Mr. Speaker, I rise today in support of
the Tax Code Termination Act. I have been in favor of scrapping this
code and starting over for a long time. I am one of the few Members of
this body that is a certified public accountant that has actually done
tax returns for a living and have lived with this code for a long time.
This Congress, under both parties, has contributed to this problem.
The people on my side of the aisle might have a good point. I say to
them that if they do not like this method of trying to get at this
problem, then put something else forward.
I think it makes sense for us to come up with a date certain. We did
that when we balanced the budget and it helped us focus our attention.
We have a date certain on when we are going to overhaul this Tax Code.
I think it helps us. But, as I have said, I have been for reforming
this system ever since 1986 when, under the guise of tax
simplification, we passed a bill which I think was arguably the worst
piece of legislation that has ever been passed in this Congress. We
made it worse in 1990, and we made it worse last year when they passed
the 1997 tax act to the point where my partner, who is still doing tax
returns, told me this weekend that this is so complicated that he does
not think he can any longer do a tax return by hand. The only way he
can do a tax return is if he has a computer to be able to make all
these computations and go back and forth.
Mr. Speaker, this code has gotten completely out of hand. It needs to
be simplified. It is not happening under the current process. I am not
sure this is the best process in the world but it is the only thing we
have in front of us today. I am in favor of overhauling the code. I
think the way we do that is we start from scratch, with a clean slate,
and then try to build up something that is simpler and makes more
sense. I support this bill and encourage everybody's support.
Mr. RANGEL. Mr. Speaker, I yield 3 minutes to the gentleman from
Wisconsin (Mr. Kleczka).
Mr. KLECZKA. Mr. Speaker, I rise in strong opposition to the proposal
today; however, I do support simplifying the Tax Code.
Mr. Speaker, what we are involved in this afternoon is a new form of
roulette. This afternoon we are playing Gingrich roulette. I say to all
Members, it is a most dangerous game.
Mr. Speaker, I happen to serve on the Committee on Ways and Means.
This bill comes before us with no hearings, no committee deliberations,
no contingency plans should we not have a new Tax Code ready by July 4,
2002. So what we are doing is we are just shooting in the wind, hoping
that Congress can develop a whole new Tax Code that is better than the
current system.
Let us talk about the current system for a moment. The gentleman from
Oklahoma brings forth the 6,000 pages that he claims to be the Tax
Code. Where does he think that came from? How many pages of that Tax
Code give tax relief to my constituents? Oh, some do. There are some
child credit tax provisions in there, there are some earned income tax
credit provisions in there, but know full well the bulk of that
document you have before the House today is there for the benefit of
the moneyed special interests in this country.
How many pages did Ronald Reagan and his 8 years add to the Code? Of
the 6,000, I will bet 2,000. How many did President Bush and his
administration add to the Code? Probably more than one thousand. But no
Republicans are coming up and decrying those enormous and complex
additions to the Tax Code. Why? Because all that is good Tax Code. It
is good Tax Code because many of those provisions apply to your
constituents.
While I am talking about your constituents, let me congratulate you
on a very successful fund-raiser last night. Mr. Speaker, I am told
that you folks raised in excess of $10 million last evening alone. All
the wealthy people that showered you with that money were there because
they were crying out for tax fairness? Who do you think you are
kidding? Those folks who pumped $10 million into the coffers of the
Republican Party are part and parcel of that Tax Code. And their
presence last night to eat your chicken was a hearty thank-you. But now
you stand before us cleansed and pure decrying, ``We don't like the Tax
Code because it is too complex and too unfair.'' But what are you going
to tell the folks when you go to your parades on July 4 and you see
their little Johnny or Jane and you hug them and say, ``Your family
will get an extra $400 for each of them because we passed a child tax
credit for you.'' They say, ``Yeah, but you also passed this bill that
will take the credit away from us. What's going to happen to the child
credit in 2002?''
``I don't know.''
How about the home mortgage deduction? Every constituent of yours
that owns a home wants that deduction retained. They may ask the
gentleman from Oklahoma, ``What is going to happen in 2002 with that?''
``I don't know.''
Mr. Speaker, I do not know what you guys are doing here today. But,
again, congratulations on the $10 million fundraiser last night. You
did a good job.
Mr. BUNNING. Mr. Speaker, I yield myself 15 seconds. It is better
than taking money from the Chinese government.
Mr. Speaker, I yield 2 minutes to the gentleman from Washington (Mr.
Metcalf).
Mr. METCALF. Mr. Speaker, this legislation defines the Republican
commitment to reduction of the tax burden on working Americans and
thereby taking a mighty step toward ensuring a brighter future for
people of all income levels.
I am proud to be an original cosponsor of the Tax Code Termination
Act. This legislation will provide for the abolition of the current
unfair and burdensome Tax Code by 2001. This legislation does not
carelessly abolish our current structure. Instead, the legislation
requires the enactment of a replacement code by Independence Day, and
that is a fitting day for this, 2001, that will be a fairer, simpler
tax and reduce the tax burden on all Americans.
Mr. Speaker, the current Tax Code has simply become too big and too
complex to correct. You cannot fix it. All Members of the House should
join us to replace the current Tax Code with a system that is fairer,
less complicated and takes less money from working Americans.
Mr. RANGEL. Mr. Speaker, if there is anybody in this body that knows
of anyone that has taken money from the government of China, they would
be aiding and abetting and involved as an accomplice in a felony unless
they reported it to our Attorney General.
[[Page
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Mr. Speaker, I yield 3 minutes to the gentleman from California (Mr.
Matsui).
Mr. MATSUI. Mr. Speaker, I thank the gentleman from New York for
yielding me this time.
Mr. Speaker, it is really hard to take this whole issue seriously
this afternoon. We all know that it is not going to become law. It is
going to pass out of the House but the Senate will not take action on
it. That is why we are not seeing lobbyists clamber down on Capitol
Hill. That is why we are not seeing letters to the editor. That is why
we are seeing no stories in the major newspapers throughout the
country. This is really a political opportunity for one of the parties.
This is not going to become law. So it is really hard to get
particularly pushed out of shape or excited or concerned about this. It
is just not going to become law. Because the reality of the situation
is that those that are advancing this particular proposal really in
1997 added thousands of pages to the Tax Code. In fact, we have added
in 1997 when the Republicans were in control of the Congress 285 new
sections to the Tax Code, 824 new amendments to the Tax Code. This is
just in 1 year. There are now five ways, five separate ways to do
capital gains. In fact, Schedule D, which had 23 lines, now has 54
lines, and it really does take H Block to really figure it out. The
average person cannot do their taxes. Most of them do not have capital
gains so they do not have to worry about it. In addition to that, there
are now two different way to do IRAs, a back-ended way and a front-
ended way. In addition, you can convert over, but you better make sure
you understand your economic situation before you do.
We also have a number of different ways either to take a credit or a
deduction if you are a student. Should the student take it? Should the
student's parents take it? Should the grandparents take it? We have
really added complexity to the Code. The 1997 bill was probably the
worst tax bill the United States has ever had, because it added more
complexity to the Code than we have had in the last 25 years. And so
this is not a real exercise in good government. This is really a show
game.
I have to say that if it were taken seriously, I think people in this
country today would be really concerned. You would have to say, shall I
buy a house because I get a deduction on my home, and that is an
incentive, that reduces my taxes. But obviously if we changed the Code
or the Code is eliminated in 3 years, I may lose that deduction and all
of a sudden I might not be able to make my monthly payments on my other
expenses. But no one is saying that, because this is not a serious
effort. It is really a shame. We are going to be in until midnight
tonight and we are not going to take any really substantive action. The
irony of it is that we have 13 appropriations bills that are supposed
to pass, we have a budget, but we do not have it out of the House yet.
Not one appropriations bill has been taken to this body. There has been
no budget reconciled between the House and the Senate. It was supposed
to be done on April 15. Here we are at June 17, 2 months later. It is
amazing. It is absolutely amazing that we are wasting our time engaged
in this kind of activity that has no relevance, no value and certainly
it is something that is a political exercise that I think the American
public will eventually get disgusted with.
Mr. BUNNING. Mr. Speaker, I yield 2 minutes to the gentleman from
Texas (Mr. Hall).
(Mr. HALL of Texas asked and was given permission to revise and
extend his remarks.)
Mr. HALL of Texas. Mr. Speaker, I want to be logical about this. I
have thought a lot about it. I rise today in support of the Tax Code
Termination Act. I rise at a time when we are doing better. We are
doing better from the standpoint of economics. You can sell a piece of
property now. People can find a job. We have got the lowest inflation.
We have the lowest unemployment. Knowledgeable economists have told us
that we have the best economy we have had since the late 1940s and
early 1950s when we had the strongest financial position and strongest
geopolitical position in the history of this country. So I guess you
have to ask, why? Why are we where we are?
I think the President, the present President thinks that he caused
it. I think Mr. Dole probably think he did. I think Mr. Bush thinks it
is something he put into motion. But really and truly I believe it is
because we are just now getting over the lousy 1986 so-called Tax
Reform Act.
A lot of us have talked enthusiastically over the past few years
about the need to replace our current tax with one that is more
equitable, one that is more fair. Specific proposals for both a flat
tax and a sales tax replacement have been debated throughout this
country by proponents of these plans. A lot of us have signed on to
both of these bills.
The IRS administered Tax Code does not work. It has been the source
of endless anguish, unfairness, confusion and the invasion of privacy
for a lot of hard-working, well-intentioned Americans. In the interest
of fairness, however, I must say it is only accurate to note that many
hard-working and honest employees of the U.S. Treasury Department have
been embarrassed and appalled by some of the testimony by their fellow
employees during congressional hearings on IRS abuses. So I think they
know from within that we need to do something about the Tax Code that
we have. We have to recognize the fact that our Tax Code has
facilitated, and in many cases encouraged outrageous abuses while
escaping all attempts at reason and justice.
The American people deserve the right to know when it will end. We
need to be able to collectively undertake this important goal as
opposed to a mere debate.
{time} 1330
Mr. RANGEL. Mr. Speaker, I yield 2 minutes to the gentleman from New
York (Mr. Houghton).
(Mr. HOUGHTON asked and was given permission to revise and extend his
remarks.)
Mr. HOUGHTON. Mr. Speaker, I am not going to take long here, but I do
think that this is something which I would like to share an idea or two
with my colleagues. Let me tell them a story.
There was a man called Robert Ruark, and he wrote a story called
``Something of Value'' which talked about the end of colonialism in
Africa and the total chaos, and the reason there was chaos is that
there was nothing to take the place of the old governments. And I think
he said we could say as almost a general statement, ``When you take
something away, you must be able to put something in its place.''
Now I do not consider this a political argument at all. I consider
this an argument of technique. Some people think that the idea of
forcing an issue is the better way to get to an end rather than
logically taking a look at what the steps are in order to get where we
ultimately want to be.
I do not think anybody is happy with this Tax Code. I do not think
anybody is happy, as my colleagues know, really since the days of our
Lord when the Publicans were running around. I say ``Publicans,'' not
``Republicans,'' were going around and trying to collect taxes.
But really the question is: What is out there? I think we must exert
an element of judgment here.
As my colleagues know, to force something without anything at the
end, and let us say at the end of June in the year 2002 we have
nothing; what do we do? Where do we go? How does somebody plan? Will
there be Social Security? Will there be Medicare? Will there be
anything else? No one really knows.
Mr. Speaker, this is a very high stakes game, and to use a technique
of forcing something without any anything on the other end I think is
highly irresponsible, and therefore I think it is a bad measure and
something which we should vote against.
Mr. BUNNING. Mr. Speaker, I yield 2 minutes to the gentlewoman from
Wyoming (Mrs. Cubin).
Mrs. CUBIN. Mr. Speaker, I rise in strong support of
H.R. 3097, the
Tax Code Termination Act. I intend to vote for the passage of this
legislation, not just because I am a cosponsor of the bill, but also
because it makes sense. I have to just take exception with some
statements by the speaker from California who talked about increasing
people's taxes because of the possibility of not being able to deduct
mortgage interest from their income and
[[Page
Major Actions:
All articles in House section
TAX CODE TERMINATION ACT
(House of Representatives - June 17, 1998)
Text of this article available as:
TXT
PDF
[Pages
H4654-H4677]
TAX CODE TERMINATION ACT
Mr. BUNNING. Mr. Speaker, pursuant to House Resolution 472, I call up
the bill (
H.R. 3097) to terminate the Internal Revenue Code of 1986,
and ask for its immediate consideration in the House.
The Clerk read the title of the bill.
The SPEAKER pro tempore. The bill is considered read for amendment.
The text of
H.R. 3097 is as follows:
H.R. 3097
Be it enacted by the Senate and House of Representatives of
the United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Tax Code Termination Act''.
SEC. 2. TERMINATION OF INTERNAL REVENUE CODE OF 1986.
(a) In General.--No tax shall be imposed by the Internal
Revenue Code of 1986--
(1) for any taxable year beginning after December 31, 2001,
and
(2) in the case of any tax not imposed on the basis of a
taxable year, on any taxable event or for any period after
December 31, 2001.
(b) Exception.--Subsection (a) shall not apply to taxes
imposed by--
(1) chapter 2 of such Code (relating to tax on self-
employment income),
(2) chapter 21 of such Code (relating to Federal Insurance
Contributions Act), and
(3) chapter 22 of such Code (relating to Railroad
Retirement Tax Act).
SEC. 3. NEW FEDERAL TAX SYSTEM.
(a) Structure.--The Congress hereby declares that any new
Federal tax system should be a simple and fair system that--
(1) applies a low rate to all Americans,
(2) provides tax relief for working Americans,
(3) protects the rights of taxpayers and reduces tax
collection abuses,
(4) eliminates the bias against savings and investment,
(5) promotes economic growth and job creation, and
(6) does not penalize marriage or families.
(b) Timing of Implementation.--In order to ensure an easy
transition and effective implementation, the Congress hereby
declares that any new Federal tax system should be approved
by Congress in its final form no later than July 4, 2001.
The SPEAKER pro tempore. Pursuant to House Resolution 472, the
amendment in the nature of a substitute printed in
House Report 105-580
is adopted.
[[Page
H4655]]
The text of the amendment in the nature of a substitute is as
follows:
Strike all after the enacting clause and insert the
following:
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Tax Code Termination Act''.
SEC. 2. TERMINATION OF INTERNAL REVENUE CODE OF 1986.
(a) In General.--No tax shall be imposed by the Internal
Revenue Code of 1986--
(1) for any taxable year beginning after December 31, 2002,
and
(2) in the case of any tax not imposed on the basis of a
taxable year, on any taxable event or for any period after
December 31, 2002.
(b) Exception.--Subsection (a) shall not apply to taxes
imposed by--
(1) chapter 2 of such Code (relating to tax on self-
employment income),
(2) chapter 21 of such Code (relating to Federal Insurance
Contributions Act), and
(3) chapter 22 of such Code (relating to Railroad
Retirement Tax Act).
SEC. 3. NEW FEDERAL TAX SYSTEM.
(a) Structure.--The Congress hereby declares that any new
Federal tax system should be a simple and fair system that--
(1) applies a low rate to all Americans,
(2) provides tax relief for working Americans,
(3) protects the rights of taxpayers and reduces tax
collection abuses,
(4) eliminates the bias against savings and investment,
(5) promotes economic growth and job creation, and
(6) does not penalize marriage or families.
(b) Timing of Implementation.--In order to ensure an easy
transition and effective implementation, the Congress hereby
declares that any new Federal tax system should be approved
by Congress in its final form no later than July 4, 2002.
The SPEAKER pro tempore. The gentleman from Kentucky (Mr. Bunning)
and the gentleman from New York (Mr. Rangel) each will control 1 hour.
The Chair recognizes the gentleman from Kentucky (Mr. Bunning).
General Leave
Mr. BUNNING. Mr. Speaker, I ask unanimous consent that all Members
have 5 legislative days in which to revise and extend their remarks and
include extraneous material on
H.R. 3097.
The SPEAKER pro tempore. Is there objection to the request of the
gentleman from Kentucky?
There was no objection.
Mr. BUNNING. Mr. Speaker, I yield myself such time as I may consume
to open the debate on this bill.
Mr. Speaker, the Federal income tax system is broken beyond repair.
We cannot tinker with it any longer and make it work any better. We
need to wholesale reform and totally overhaul the system.
There are two basic elements that are absolutely necessary for a
Federal tax system. It must be understandable, and it must be fair. As
it now stands, our Federal income tax fails badly on both counts.
Our Tax Code has become so complex that no one can understand it.
When tax experts cannot agree on how much an American taxpayer owes,
how can we expect the average taxpayer to understand it?
This complexity is expensive. It costs over $300 billion a year for
taxpayers to comply with the Tax Code. That is money that is totally
wasted. It does not benefit government or increase funding for
essential services. It does not benefit the private sector or create
investment, develop jobs, or improve the quality of life. It is just
money down the drain. It is a crime.
Our Tax Code is unfair. We have focused a great deal of attention
this year on the marriage penalty, but this is just one of hundreds of
inequities in the existing law.
Over the years, Congress has created a hodgepodge of loopholes and
arcane tax incentives, most of which were well-intentioned. But when
you take them altogether and weed them into a 5\1/2\ million word tax
code, it creates such a mess that only the very wealthy have the
ability to take advantage of them. That creates unfairness. As a
result, the American people have lost confidence in their tax system.
Incremental change is not enough. We have tried that. It has resulted
in failure and more complexity. We need real reform, a total overhaul
of the Tax Code. We need to restore that confidence.
That is what this bill is all about. It simply says that the sun will
set on the Internal Revenue Code as we know it on December 31, 2002. It
gives Congress 3 years to debate and develop a new tax system.
It would simply force Congress to do in a timely manner what we need,
no, what needs to be done, to pull the Federal income tax code out by
its roots and replace it with an income tax system that is fair and
understandable. This bill will help us do that. I urge my colleagues to
support and vote for
H.R. 3097.
Mr. Speaker, I reserve the balance of my time.
Mr. RANGEL. Mr. Speaker, I yield myself as much time as I may
consume.
(Mr. RANGEL asked and was given permission to revise and extend his
remarks.)
Mr. RANGEL. Mr. Speaker, this is a historic moment in the history
because of our Congress, because I do not think that we will ever live
to see a more irresponsible act committed by any Member of Congress.
I know that this is an election year and so some leeway has to be
given to the majority because, unfortunately, there is no institutional
memory of them having passed any legislation this year. Being a
politician myself, I can understand how they would like to capture the
voters' imagination by doing something dramatic.
But just to abolish the Tax Code, just to say that, by the year 2002,
no tax shall be imposed by the Internal Revenue code, what a gift to
give the American people. You will not have to pay any taxes until the
Republicans, and do not laugh, until the Republican majority comes up
with an idea as to how they are going to replace it.
Let us think this one out. Who has been in charge for the last 3
years? Who had the majority? Who had the opportunity, really, to
substitute this complex mess that they talk about? But rather than to
come together, as if that is possible, with some type of a meaningful,
fair tax code that would increase economic productivity for our great
Nation and to continue to propel the prosperity that President Clinton
has brought to us, they would rather just pull up the Tax Code by the
roots.
I assume that, while they are pulling it up by the roots, that this
800 pages of what they call a tax bill last year is mere fertilizer for
the Tax Code that they are going to bring to us. Where are these great
ideas that you have?
Should the American people not have some idea as to where do you meet
to come up with a new code? Years ago, Members would go to the
Committee on Ways and Means. Now we go to the Committee on Rules. We
have people just telling us what they are going to end, but no one is
there to tell us what they are going to start.
I have served on the Committee on Ways and Means for two decades.
Every year, we had a tax bill; some good, some bad. For the last 3
years, we have not had anything that is coming up that is new.
I want the Republicans to understand this, if they do not understand
anything at all, they are in charge. They have a majority. They have
the ability to call their troops together and vote for anything that
they want, whether it is good or, in most cases, bad. But for God's
sake, just with all due intention I did not bring the Bible, so I did
not mean to say that, but for goodness sake, do not end something
unless you tell the American people what do you intend to replace it
with.
We have business people that are planning now for the future. I would
want them to call their Congressman, but since this issue is not being
dealt with with the Congress, and since we do not know where the Tax
Code is going to come from, and since the Committee on Ways and Means
has lost jurisdiction, whoever meets with the Speaker should know what
he is going to come up with.
I would say, if people are planning for the future, whether they are
going to have bonds out there, whether the States are going to have
municipal bonds, where people want to know how to plan, call the
Speaker, because I think he has some good ideas that he will not share
with us.
Second, if you are a hospital, church, synagogue, charitable
organization, there is nothing in this bill that terminates that says
you are going to be protected. I know the Republicans are going to
protect them, so do not be afraid, but ask them how are they going to
be protected.
If we own a home and we have mortgage payments and we have been
deducting them, we can deduct until the year 2000, and then we do not
have to deduct anymore.
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{time} 1245
Now, I do not know what happens, but we can call the Speaker and he
will tell us what plans he has for mortgage deductions. And I tell my
colleagues that, as complicated as this bill is, as bad as the
Republican passed tax bill is, at least we know what we got. The fear
is what are they going to come up with when for 3 years they have not
even come up with a good idea.
So I do hope that in the course of this debate that someone would
come up with some kind of a plan that would give us some idea as to
what they are going to fill this vacuum with. But I think killing the
IRS, pulling it up by the roots, that the American people deserve
better than just a bumper sticker.
And if people do not like paying taxes and they think this is the
solution, then I beg the Democrats in the minority, if they can just
pass a law to keep us from paying taxes, why can we not pass a law to
stop people from paying their debts? Why not? And if we do not like
that, let us pass a law to terminate cancer. Let us think of something
more exciting than our irresponsible brothers and sisters over here,
and we will just say that if anyone votes against it, it means they
support cancer; if they vote against it, they support paying back
debts.
I am ashamed that this is happening in the House, but I know the
United States Chamber of Commerce and the local Chambers of Commerce
around this country will study this termination bill and I hope we hear
from them much before the election.
Mr. Speaker, I reserve the balance of my time.
Mr. BUNNING. Mr. Speaker, I yield 2 minutes to the gentleman from
Oklahoma (Mr. Largent), one of the authors of the bill, to respond.
Mr. LARGENT. Mr. Speaker, the previous speaker got one thing right,
this is an historic moment. Understand, no one likes to be forced to do
anything. My children do not like to be forced to make their bed and
Congress certainly does not like to be forced to do anything. This bill
simply does that, it forces Congress to quit talking about
comprehensive tax reform and actually do something about it.
And I would suggest to the previous speaker that maybe the reason he
is in the minority and not in control is because it was his side that
gave us this, the 6,200 pages that we currently know as the tax forms
and instructions about how to file our tax returns today.
And the gentleman is also right about another thing. The way it has
always been done before is to go to the Committee on Ways and Means, in
a small room in the back, and a few people decide about what the Tax
Code should look like for the American people. What we are trying to do
is to include all of the American people in the debate and in the
discussion and in coming up with a comprehensive tax reform that is
written not by a few people on the Committee on Ways and Means but is a
consensus opinion of the American people and the business people in the
communities around the country, the people that are suffering through
5.4 billion hours filing their tax return every year at a cost of
somewhere over $200 billion just simply to comply with the current Tax
Code.
So the gentleman is right, we are trying to do it differently, we are
trying to make sure it does not happen in the Speaker's room or in the
Committee on Ways and Means but in the living rooms of the American
people in this country, where they have a voice in the way their
government writes a new comprehensive tax law.
Mr. RANGEL. Mr. Speaker, I yield myself 1 minute to say to the
distinguished gentleman that he keeps referring to that pile there as
being something that has been put together by the Democrats. When we
had a debate on the rule, I thought he said that this 800 pound tax
document was passed by the Republican majority and he voted for it. So
I would be glad to go over there and just put this on that pile.
The second thing is that, we do not have to be another tax expert to
know that the Congress should not be having to be forced to do
anything. The majority should not have to force themselves to be
responsible. All they have to do is take their consensus from the
people and pass a decent, respectable, fair and equitable progressive
tax bill. They should not force themselves to do it; just do the right
thing.
Mr. Speaker, I yield 3 minutes to the gentleman from California (Mr.
Stark).
Mr. STARK. Mr. Speaker, I thank the gentleman for yielding me this
time.
We have talked today about the asininity of this bill, the sheer
folly, the sophomoric sort of approach. I guess I would remind the
people that it is the Republicans that shut down the government several
times because they were unable to come up with a budget. I would
challenge any Republican who has an idea, much less an idea of what
they would do just in the oft chance they fail to come up with a bill.
And even if they were to come up with a bill, they are not telling us
what happens, say, in health care, an issue which they postulate a good
bit about and posture about. The Armey flat tax bill, which they might
choose, imposes tax penalties on employers that provide health care
benefits to their employees. The Tauzin retail sales tax bill imposes a
sales tax on people when they pay for health insurance and health care.
I wonder if that is what they intend to do.
The Republicans voted to increase the rate at which self-employed
people could deduct their health care. This will end that. I presume
that they really do not care, as they have not in the past, about
providing health care to the 45 million uninsured. I am sure that they
do not want to help employers pay for it, because I think they are
indifferent.
I am not sure that anyplace in the King James version of the Bible it
suggests that employers should pay for health care benefits or that we
should insure people. Therefore, some Republicans will tend to ignore
the suffering that people have for lack of health care. The basic fact
is that this is sheer irresponsibility, obviously drafted by people
with no understanding of business or the Tax Code or economics, some
things that are important to having the country's economy function.
One of the things that many of my colleagues on the Republican side
have been very assertive of is States rights. But what they do not
understand is that this would also destroy many States' ability to
raise any revenue. Many States that have an income tax parallel or
mirror the Internal Revenue Code. And if in fact, as their bill
suggests, we would stop collecting funds in the year 2002, we would,
therefore, put these States out of business. And we would not have,
obviously, any Federal money to support them. So they are impacting
many States. The unintended consequences of this bill are legion.
So that I want to remind my friends and colleagues that no one
suggests that we should not reform the Tax Code. The last major reform
was led by Ronald Reagan, at his insistence. Much of what is stacked
over on that table was Ronald Reagan's suggestion, which we passed. And
it was not a bad bill, I might add. Now, we have no bill and we have a
nonsensical campaign bumper sticker, and I hope we vote it down and do
not see this kind of embarrassing legislation brought again.
Mr. BUNNING. Mr. Speaker, I yield 3 minutes to the gentlewoman from
Washington (Ms. Dunn).
Ms. DUNN. Mr. Speaker, after serving on the House Committee on Ways
and Means for the past 3\1/2\ years, I am continuing to be amazed by
the outrageous provisions that are involved in our current income Tax
Code. In no small part, many of these provisions that are a function of
the Tax Code have spiraled out of control. The irony is that while our
Tax Code has just about 7 million words, it lacks two regular words,
and those words, Mr. Speaker, are common sense.
The current income tax system is far too complex and it is a source
of utter frustration for millions of hardworking Americans and for
their families. Over the past few years I have heard from thousands of
constituents in my district alone and they have talked to me about
hundreds of problems they have experienced with the system of taxation.
A common theme, as we all know, has been the intrusive nature of the
Internal Revenue Service. I believe it is time for this issue to be
brought out of America's kitchen and on to the committee calendars of
the Congress.
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Money magazine last year reported that not one of 45 professional tax
preparers could accurately compute a hypothetical family's tax return.
Fewer than one in four came within even $1,000 of the correct figure.
How can we expect average citizens to comply with a code when licensed
professionals, who have spent years studying the system, cannot even
get it right.
Not only this, but the cost of compliance for the average family is
horrendous. Each year Americans devote 8 to 10 billion hours complying
with our Tax Code. This amounts to over 5 million Americans working all
year long, the equivalent of the entire work force of my State,
Washington State, of Iowa and Maine. The cost of complying totals about
$200 billion annually, or $700 for each, man, woman and child in
America.
These are just the numbers associated with following the law. The
income tax system involves a number of other costs, including those
associated with enforcement and collection, as well as the cost of tax
litigation.
Sunsetting the code will work. President Clinton described this plan
as reckless or irresponsible. Actually, as the President should know,
it is common practice. Major Federal Government programs, such as
spending on highways, education and agriculture, regularly expire and
are rewritten in 5-year increments. This is a strategy also used by the
States, who understand that change will not occur unless they break
through the gridlock. This is exactly how this legislation to sunset
the Tax Code will work.
There is a national debate going on outside the Congress, Mr.
Speaker, on the direction of the Tax Code. We have a terrific
opportunity here today to improve the Federal system of corporate and
personal income taxation in a manner that will both significantly
improve the economic performance of our Nation and substantially reduce
the compliance and administrative burden on American families. By
scrapping this code, we will bring this debate into focus and force
ourselves to discuss this issue. I urge its support.
Mr. RANGEL. Mr. Speaker, I yield 3 minutes to the gentleman from
Washington (Mr. McDermott).
(Mr. McDERMOTT asked and was given permission to revise and extend
his remarks.)
Mr. McDERMOTT. Mr. Speaker, it is really hard to come down here and
be serious about this kind of thing. No one likes to pay taxes, no one
likes to have to sit down once a year and send money to the government
to run it, but what we have today, in an effort to tap voter discontent
by the Republicans, is a cheap campaign prop. This is a bumper strip we
are doing today, that is why it is only about two sentences long.
In order to take this seriously, we have to go back to a satirist who
used to write for the Baltimore Sun by the name of H. L. Mencken. H. L.
Mencken called the American public ``Boobis Americanus''. That is, they
are all stupid. Now, in order for my colleagues to come with a bill
like this, they have to think the American people are stupid; that they
simply do not know what is going on. If we say to the American people
that right now we spend $1,200,000,000 and we are going to wipe all
that out and we are going to get it from somewhere else; now, where are
they going to get it from? The moon? Or from somebody else? This sounds
like a bill based on the Senator Long theory of, ``Don't tax you, don't
tax me, tax that guy behind a tree.''
The American public knows there has to be a Tax Code if we are going
to have the kinds of goods and services that we want in this country:
Social Security, Medicare, highways, national defense. My colleagues
are not going to get rid of the money. They simply are creating the
illusion for people that they will come up with a Tax Code that will
not tax them, it will tax somebody else.
Well, how stupid do my colleagues think the American people really
are? They know that their deduction for their interest on their house
they get now. My colleagues are not guaranteeing them anything on their
house. My colleagues are not guaranteeing that their employer can
deduct paying for health care for them. The average employer today, if
he spends $100 on health insurance, actually costs him $65. If we
repeal the code, it costs $120.
Now, I know my colleagues will say, oh, we are going to take care of
that. Well, if my colleagues are going to take care of it, why do they
not put a proposal out here to simply say that they are going to wipe
out the code and come back some day, some uncertain time?
The gentleman from California (Mr. Stark) raised another issue which
my colleagues really are not thinking about. The Republicans are
creating chaos in this country, in the business community planning. No
businessman can plan 3 years out.
{time} 1300
The problem with us is we plan 2 years out. Business plans 5, 10, 20.
They want chaos. This is a bad piece of legislation.
Seeking to tap into voter discontent about the complexity of the tax
code, the Republican leadership today is disregarding the major issues
confronting our nation in order to turn the House Floor into a cheap
campaign prop. So while this bunch wastes your tax dollars by ranting,
raving and campaigning about how they want to ``rip the tax code up by
its roots''--without having any idea what tax system they want to
replace it with--I am going to talk about what impact this rhetoric
will have on real people. In particular, what this extremist
legislation will mean to the ability of Americans to purchase
affordable health care.
Before I begin, it is important to note that the same people in the
Republican majority currently peddling this ``scrap the code''
rhetoric, just last fall voted to add hundreds of new pages to the tax
code and a myriad of new complex tax computations. Because of last
year's tax law, this bunch added 35 new lines alone to taxpayers
capital gains tax forms. So, keep that in mind that when you hear this
bunch talk about tax simplicity--they are the ones who 6 months ago
made the tax system a whole lot more complex.
Most disturbing in their ``scrap the code'' rhetoric is the proposal
to establish a rhetorically pleasing, yet critically flawed ``flat
tax.'' This plan is often criticized because of its substantial revenue
losses, its unfair redistribution of the tax burden, and its
elimination of subsidies for home ownership.
This push for the flat tax may help Republicans at the polls, but for
the millions of American workers who need affordable health insurance,
the flat tax is disastrous. While not necessarily ``news'' to the 42
million uninsured and the 29 million more who are underinsured in this
country, there is no question that the group of workers and early
retirees who will get hurt by the flat tax are the same ones who are
currently being threatened by rising health costs in this country.
A recent study by the National Coalition for Health Care found that
between 1985 and 1997, the cost of health care doubled and it is
expected to double again in the next decade. Next year alone, health
premiums are estimated to rise between 5 and 10 percent--a rate at
least twice that of the increase in benefits and wages. The number of
uninsured in this country will exceed 42 million next year and by 2005,
it is estimated that one in five Americans under the age of 65 will be
without health insurance.
The impact passage of the flat tax will have on worker's health
insurance would be devastating. Under current law, there are
substantial income tax incentives for employer-provided health
benefits, with additional tax-benefits available to the self-employed
who purchase health insurance. Employer-provided health benefits are
exempt from income tax, Social Security, and Medicare employment taxes.
For example, under the current system, the after-tax cost to an
employer that provides $100 in health benefits to their employees is
$65. Yet, the flat-tax plan destroys this health insurance incentive by
increasing the employer's after-tax cost to $120.
Under the flat tax's domestic business tax, amounts paid for non-cash
fringe benefits, such as health care, are not deductible. As a result,
the plan would impose an onerous tax penalty on employers providing
health benefits. This legislation goes a step further by including a
new tax on tax-exempt charitable organizations and Federal, State, and
local governments equal to 20 percent of the amount paid for health
benefits for their workers.
Health benefits to retired workers will also decline. Many companies
have large and burdensome liabilities for retiree health benefits and
in recent years, those same companies have tried to limit benefits.
The likely response from employers to the flat tax's tax penalties
will be a significant reduction in health care benefits available to
its current, future, and retired workers. Just last year, MIT economist
James Poterba warned that ending the tax preference for employers who
provide health insurance would cause the number of American families
without health insurance to increase by 20 percent!
In fact, such a decline in employer-provided health benefits should
not surprise anyone familiar with the history of the flat tax.
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When the Kemp Commission first proposed adoption of the flat tax,
even the Health Insurance Association of America--the same group that
spent millions of dollars to kill expansion of health care coverage in
1994 and is on the verge of spending millions more to kill managed care
safeguards--warned ``one of the unintended consequences of eliminating
the exclusion for health insurance premiums is likely to be a rapid
increase in the number of people without private health insurance
coverage.''
If you want to terminate the tax code, it is vital that you
understand the ramifications of each remedy. There's no question that
ripping away crucial tax incentives will increase the cost of health
care in this country.
I find it amazing that instead of finding ways to improve the
quality, affordability, and availably of health insurance, the Majority
is using its control of Congress to make America's health care problems
worse.
Before you jump on the ``scrap the code'' bandwagon, think, for a
second, abut what this legislation will mean to the affordability of
health car for America's workers, their families, and their employers.
Unfortunately, it's clear form this debate that all this bunch is
interested in doing is devaluing the legislative process of our
democracy in order to create a simplistic bumper-sticker slogan in time
for November's elections.
Mr. BUNNING. Mr. Speaker, I yield 2 minutes to the gentleman from
Pennsylvania (Mr. English).
Mr. ENGLISH of Pennsylvania. Mr. Speaker, I thank the gentleman for
yielding me the time.
Mr. Speaker, our tax system hangs like an albatross around the neck
of the American taxpayer, stifling savings and productive investment,
and arbitrarily punishing or subsidizing activity and making the
process of paying taxes nightmarishly complex even for those of modest
means.
In my view, the time has come to replace our current tax system. But
we will never do it unless we overcome the inertia of the legislative
process, unless we override the influence of the entrenched special
interests who have a stake in the complexity of the Tax Code and who
savor gridlock on this issue, and unless and until we force the issue
and put everyone's feet to the fire.
We propose to do that today. I rise in strong support of the Tax Code
Termination Act, legislation that will finally give American taxpayers
a solid time line for fundamental tax reform.
Mr. Speaker, I have been a strong advocate of replacing our current
Tax Code with a system that is fairer, radically simpler, eliminates
the bias against savings, and will allow the U.S. to be more
competitive internationally. I am prepared to accept the challenge of
the gentleman from California to put forward my proposal this year. But
replacing the Tax Code will be an enormous undertaking, and the time
line for consideration should not be put off one more day.
I challenge my colleagues, if they do not believe we can replace the
current Tax Code with something simpler and fairer that will meet the
needs of the American public, then vote against this bill. If they feel
that any tax reform inevitably is going to be an improvement, as I do,
vote for this legislation and put our feet to the fire.
Mr. RANGEL. Mr. Speaker, I yield 3 minutes to the gentleman from
Maryland (Mr. Cardin).
Mr. CARDIN. Mr. Speaker, I rise in opposition to the current Tax Code
and in support of comprehensive reform of our Federal tax system.
I, too, agree that our Federal tax system is too complex, it is not
efficient, it costs our taxpayers too much to comply with it, it is not
sensitive for savings, we rely too much on income taxes. But the
legislation before us is one of the strangest notions I have
encountered in the 12 years I have served in this body.
The bill is a result of frustration in our current tax structure, and
it tells a Congress in the future to do something about it. We have had
4 years under Republican leadership to try to do something about our
Tax Code. In this term, I thought we were going to do something.
Last year, in a bipartisan way, we joined Democrats and Republicans
to reform the Internal Revenue Service. We thought that bill would pass
last year. It is still lingering within a conference committee. If we
want to do something, why are we not using the time today to at least
reform the IRS and deal with the tax collecting agency? But instead,
no, we are debating some myth about what we are going to do in the
future. It is outrageous.
It is not even a fig leaf. We have not had a hearing on this
proposal. We do not know what it is all about. Why are we not debating
specific proposals on this floor?
Mr. Speaker, yesterday in the Baltimore Sun, my local paper, I
authored an article about why I thought a VAT tax is better than a flat
tax and why we do not need a corporate income tax and we should be
encouraging more savings. Why are we not having that proposal on the
floor today and debating? Why is the Republican leadership not giving
the American public real reform rather than bringing up a hope of what
is going to happen 4 years from now, causing all types of panic about
people trying to plan for their futures.
People are trying to figure out how to save for their retirement.
They want to know what the tax rules are going to be. And we are going
to tell them, we are going to change them, but we are not going to tell
them what it is going to be? How irresponsible. How wrong.
Use the time we have. This schedule this year has been embarrassing.
We have not been here most of the time. Why are we not using the time
this year to have a serious debate on tax reform rather than bringing
up this sham?
It is wrong. They know it is wrong. This is not the right way to go.
I urge my colleagues to defeat the bill.
Mr. Speaker, I rise in opposition to the current tax code, and in
support of a real debate on comprehensive reform of the federal tax
system.
The legislation before us is one of the strangest notions I have
encountered in the twelve years I have served in this House. The bill
is the result of frustration with the current tax system. Normally,
when members of Congress seek to change existing law, they introduce
legislation to make the changes they support.
But this bill doesn't do that. We are here, in the 105th Congress,
debating a bill that says that the tax code is such a mess that the
107th Congress should do something about it.
That's not a serious proposal for simplifying the tax code. Instead
of real tax reform, it is just an empty promise.
Yesterday, the op-ed page of the Baltimore Sun, my home town
newspaper, printed my article titled ``Why a VAT tax is better than a
flat tax.''
The article presented my view that we should replace the existing tax
code with a broad-based consumption tax, and relieve 75 million
Americans of the burden of the individual income tax. I support repeal
of the corporate income tax. Some members of the House will agree with
my position; others will disagree.
We should begin this debate now, rather than putting it off until the
year 2002. We need to reform the tax code, and when we have done our
jobs, and written a tax code that does not punish the American people,
I will be proud to join in voting to sunset the existing code. Until
then, Mr. Speaker, this process is nothing but talk.
Mr. BUNNING. Mr. Speaker, I yield 2 minutes to the gentleman from
Texas (Mr. Sam Johnson).
(Mr. SAM JOHNSON of Texas asked and was given permission to revise
and extend his remarks.)
Mr. SAM JOHNSON of Texas. Mr. Speaker, we have had hearings, and 2\1/
2\ years ought to be long enough for the people of the United States to
speak and determine what tax they want.
The current Tax Code is complex, confusing, corrupt, costly,
coercive, and a lot of other Cs that I cannot think of. But so far
there is a lot of talk and no action. When it comes to tax reform, a
sunset date will force us to take action and relieve the American
taxpayer.
We ought to also repeal the 16th Amendment of the Constitution, and I
have introduced a bill to do such a thing, the Tax Freedom Act. It
outlaws Congress' ability to collect taxes on income except in time of
war. Both these bills accomplish one common goal. No matter whether you
support a flat tax, consumption tax, value-added tax, national sales
tax, blue, black, brown, whatever, the common goal is replacing the
current complicated Tax Code.
Fundamental and comprehensive tax reform will be one of the most
profound changes this Nation experiences this century. The Tax Code
Termination Act brings us one step closer to achieving that change and
restoring freedom to the American taxpayer.
Americans want, need, and deserve to get rid of IRS oppression. We
have been
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talking about tax reform for years. Mr. Speaker, it is time to quit
talking and start action, and this bill does just that.
Mr. RANGEL. Mr. Speaker, I am reminded that when Dr. Frankenstein
created his monster, he went immediately to trying to get rid of it.
And, so, as the Republicans pass this tax bill, this is the same bill
they want to pull up and pull up by the roots.
Gentlemen, it is your bill. Do with it what you want.
Mr. Speaker, I yield 3\1/2\ minutes to the gentlewoman from
Connecticut (Mrs. Kennelly).
Mrs. KENNELLY of Connecticut. Mr. Speaker, I rise in strong
opposition to this legislation to terminate the Internal Revenue Code
without replacing it with a system that is fairer, that is simpler, and
encourages economic growth.
I come from a State, a small State, Connecticut. But in that State,
we have 18 of the Fortune 500 companies. Now, I can just imagine a
conversation between a CEO and a board of directors when they hear that
this bill is passed, because he or she would have to explain to the
respective boards of directors how millions, and in some cases
billions, in assets will disappear from their corporate balance sheets
because of this legislation.
The chief financial officer will have to explain there is nothing
that can be done to prevent this because the Congress passed a bill to
eliminate the Code and did not replace it with anything. And as a
result of this bill, excess foreign tax credits would disappear,
reducing the company's net worth.
As we all know, foreign tax credits are carried as assets in today's
corporate balance sheets. As a result of this bill, the corporate
alternative minimum tax credit carried forward would disappear,
reducing the company's net worth. Of course, as we know, the corporate
alternative minimum tax credits are carried as assets on today's
balance sheets.
And as a result of this bill, research and experimentation credits
would disappear, because as we know, R credits are carried as assets
and those would just go away.
As a result of this bill, deferred tax assets representing retiree
health obligations would disappear, reducing the company's net worth.
Not to mention providing retiree health benefits would then disappear
because they could not write them off.
The Financial Standards Accounting Board happens to require companies
to charge retiree health obligations against current earnings. Retiree
health obligations are deductible when actually paid. These deductions
carried on today's corporate balance sheets are deferred tax assets.
They would disappear.
And as a result of this bill, operating loss carried forward would
disappear, reducing the company's net worth. Net operating loss carried
forward are carried as assets on today's corporate balance sheets.
Unfortunately, many of these CEOs are going to find themselves
explaining more than one of these things. In a few cases, the loss of
the impact on these changes on the balance sheets could result in a
profitable company losing all their positive net worth. Because this is
the fact of the Code as it exists today, and if we do not replace it
with something, all these things happen.
I thought the majority in this Congress was opposed to takings. But,
as I read this list, I guess not. But it gets worse.
While the CEO needs to explain to the board that the business plan is
no longer operative, the small businessman finds he is facing the same
problem. A businessman or businesswoman would have to realize the rate
of return on capital can no longer be projected.
She has no idea how the company should calculate labor costs. She has
no idea how to determine the most efficient financing mechanism for the
new building that they will have purchased. They have no idea of the
period over which the new equipment could be depreciated. I wonder how
many CEOs would lose their jobs or how many small businesses would go
out of business.
It is because of these concerns, very real concerns, and I have been
on the Committee on Ways and Means for now 13 years, that the National
Association of Manufacturers are opposed to this bill.
The Internal Revenue Code is far from perfect. We all know it. But if
we are going to eliminate it, replace it with something that is
simpler, fairer, and encourages economic growth. That is all we ask
today. Do the whole job, not just half of it.
Mr. BUNNING. Mr. Speaker, I yield 3 minutes to the gentleman from
Colorado (Mr. Dan Schaefer).
(Mr. DAN SCHAEFER of Colorado asked and was given permission to
revise and extend his remarks.)
Mr. THOMAS. Mr. Speaker, will the gentleman yield?
Mr. DAN SCHAEFER of Colorado. I yield to the gentleman from
California.
Mr. THOMAS. Mr. Speaker, if we would listen to the gentlewoman from
Connecticut (Mrs. Kennelly), who just spoke, what we would have to
believe is that the business world did not exist prior to the invention
of the Internal Revenue Tax Code; that corporations offer health care
only because they get a tax deduction; without the tax deduction, there
would be no compassion on the part of the owner to the worker; and that
all of the complications that a CEO would have to deal with, in fact
jeopardizing their job, are essential to running a business.
What in the world did business do before there was an Internal
Revenue Service?
Mr. DAN SCHAEFER of Colorado. Mr. Speaker, during my 15 years here in
the House, literally thousands of taxpayers have contacted me to
express their frustration with the current code that we have.
The Tax Code is so complicated that even those who call themselves
tax experts cannot figure it out. Let me give my colleagues a good
example.
Last November, Money Magazine gave 45 accountants nationwide a
financial profile of a fictional family and asked them to prepare a
hypothetical tax return. Not only did all 45 come up with different
answers, but the computed tax liability ranged from $36,000 to $94,000.
No one knows whether they are illegal or not illegal anymore when
they file their returns. Today, the average family pays more in taxes
than it spends on food, clothing, and shelter combined. As a whole,
Americans will spend at least $200 billion and over $5 billion
complying with the income tax this year alone. This is more time than
it takes to produce every car, truck, and van in the United States each
year.
Tracking all this paperwork requires the Internal Revenue Service,
five times larger than the Federal Bureau of Investigation. And unlike
the FBI, the IRS's power is nearly absolute. It may search our property
and records without a court order. And although both the House and
Senate have overwhelmingly passed substantial IRS reform bills, I do
not believe that that alone will prove successful.
Over the past several years, I have talked to audiences nationwide
about the case of replacing the Federal income tax with a national
sales tax. Two years ago we introduced the National Retail Tax Act of
1996, and just last year reintroduced it again in
H.R. 2001. This
legislation is going to abolish the IRS completely, eliminate corporate
taxes, gift taxes, capital gains tax, inheritance taxes, gift taxes,
and all excise taxes unless they are tied to a trust fund.
I think this is the way to do it. Let us for once take the power of
taxation away from Congress, give it to the American people, and let
then decide. And once and for all, let us eliminate 8,000-plus pages in
the Tax Code and replace it with a Tax Code that is going to say April
15 is another bright, spring day.
Mr. RANGEL. Mr. Speaker, I yield 2\1/2\ minutes to the gentlewoman
from Michigan (Ms. Stabenow).
Ms. STABENOW. Mr. Speaker, I rise today to urge a no vote on the
bill, but to first indicate that I have voted for IRS reform that we
are still waiting to pass this Congress. I support real tax reform. And
I would even support a deadline if there were alternatives proposed by
the other side, by the majority, that were good for hard-working men
and women in my district.
{time} 1315
Mr. Speaker, before coming to Congress, I served for 16 years on the
tax and finance committees in the Michigan legislature. I supported and
sponsored numerous tax cut bills. But in
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each case, they were making things better for the middle-class
families, family farmers and small business people that I represented.
Unfortunately in this case, the alternatives proposed by the majority
are even worse, even more unfair than the current system. For instance,
a national retail sales tax, which is also a use tax on professionals
and entrepreneurs, would, according to the tax analysts, raise the cost
of buying goods and services something close to 30 percent when all is
figured. Houses, cars, food, prescription drugs for our senior
citizens, on and on. Insurance premiums. It goes on and on. In addition
to that, it would tax doctor's visits. It would tax accountant's
visits. It would create a situation where every small business person
and entrepreneur in my district, every professional, would have to
become a tax collector. I do not call that better than what we have
right now. Let us really fix it and really do something that is better
by proposing a real alternative. In addition, the flat taxes that have
been proposed by the other side just shift from wealthy individuals to
the middle-class families in my district.
Mr. Speaker, I want to see something simpler. I want to see reform.
But let us do it in a way that does not involve the proposals coming
from the other side which are not good certainly for the people that I
represent in Michigan.
I would urge a ``no'' vote on the bill. I would urge my colleagues
instead to do what we did last year. Let us join together in a
bipartisan way. We passed a balanced budget amendment. We passed tax
cuts last year. Let us join together and create real reform for the
real hard-working families, middle-class Americans that deserve the
relief in this country.
Mr. BUNNING. Mr. Speaker, I yield 2 minutes to the gentleman from
Minnesota (Mr. Peterson).
Mr. PETERSON of Minnesota. Mr. Speaker, I rise today in support of
the Tax Code Termination Act. I have been in favor of scrapping this
code and starting over for a long time. I am one of the few Members of
this body that is a certified public accountant that has actually done
tax returns for a living and have lived with this code for a long time.
This Congress, under both parties, has contributed to this problem.
The people on my side of the aisle might have a good point. I say to
them that if they do not like this method of trying to get at this
problem, then put something else forward.
I think it makes sense for us to come up with a date certain. We did
that when we balanced the budget and it helped us focus our attention.
We have a date certain on when we are going to overhaul this Tax Code.
I think it helps us. But, as I have said, I have been for reforming
this system ever since 1986 when, under the guise of tax
simplification, we passed a bill which I think was arguably the worst
piece of legislation that has ever been passed in this Congress. We
made it worse in 1990, and we made it worse last year when they passed
the 1997 tax act to the point where my partner, who is still doing tax
returns, told me this weekend that this is so complicated that he does
not think he can any longer do a tax return by hand. The only way he
can do a tax return is if he has a computer to be able to make all
these computations and go back and forth.
Mr. Speaker, this code has gotten completely out of hand. It needs to
be simplified. It is not happening under the current process. I am not
sure this is the best process in the world but it is the only thing we
have in front of us today. I am in favor of overhauling the code. I
think the way we do that is we start from scratch, with a clean slate,
and then try to build up something that is simpler and makes more
sense. I support this bill and encourage everybody's support.
Mr. RANGEL. Mr. Speaker, I yield 3 minutes to the gentleman from
Wisconsin (Mr. Kleczka).
Mr. KLECZKA. Mr. Speaker, I rise in strong opposition to the proposal
today; however, I do support simplifying the Tax Code.
Mr. Speaker, what we are involved in this afternoon is a new form of
roulette. This afternoon we are playing Gingrich roulette. I say to all
Members, it is a most dangerous game.
Mr. Speaker, I happen to serve on the Committee on Ways and Means.
This bill comes before us with no hearings, no committee deliberations,
no contingency plans should we not have a new Tax Code ready by July 4,
2002. So what we are doing is we are just shooting in the wind, hoping
that Congress can develop a whole new Tax Code that is better than the
current system.
Let us talk about the current system for a moment. The gentleman from
Oklahoma brings forth the 6,000 pages that he claims to be the Tax
Code. Where does he think that came from? How many pages of that Tax
Code give tax relief to my constituents? Oh, some do. There are some
child credit tax provisions in there, there are some earned income tax
credit provisions in there, but know full well the bulk of that
document you have before the House today is there for the benefit of
the moneyed special interests in this country.
How many pages did Ronald Reagan and his 8 years add to the Code? Of
the 6,000, I will bet 2,000. How many did President Bush and his
administration add to the Code? Probably more than one thousand. But no
Republicans are coming up and decrying those enormous and complex
additions to the Tax Code. Why? Because all that is good Tax Code. It
is good Tax Code because many of those provisions apply to your
constituents.
While I am talking about your constituents, let me congratulate you
on a very successful fund-raiser last night. Mr. Speaker, I am told
that you folks raised in excess of $10 million last evening alone. All
the wealthy people that showered you with that money were there because
they were crying out for tax fairness? Who do you think you are
kidding? Those folks who pumped $10 million into the coffers of the
Republican Party are part and parcel of that Tax Code. And their
presence last night to eat your chicken was a hearty thank-you. But now
you stand before us cleansed and pure decrying, ``We don't like the Tax
Code because it is too complex and too unfair.'' But what are you going
to tell the folks when you go to your parades on July 4 and you see
their little Johnny or Jane and you hug them and say, ``Your family
will get an extra $400 for each of them because we passed a child tax
credit for you.'' They say, ``Yeah, but you also passed this bill that
will take the credit away from us. What's going to happen to the child
credit in 2002?''
``I don't know.''
How about the home mortgage deduction? Every constituent of yours
that owns a home wants that deduction retained. They may ask the
gentleman from Oklahoma, ``What is going to happen in 2002 with that?''
``I don't know.''
Mr. Speaker, I do not know what you guys are doing here today. But,
again, congratulations on the $10 million fundraiser last night. You
did a good job.
Mr. BUNNING. Mr. Speaker, I yield myself 15 seconds. It is better
than taking money from the Chinese government.
Mr. Speaker, I yield 2 minutes to the gentleman from Washington (Mr.
Metcalf).
Mr. METCALF. Mr. Speaker, this legislation defines the Republican
commitment to reduction of the tax burden on working Americans and
thereby taking a mighty step toward ensuring a brighter future for
people of all income levels.
I am proud to be an original cosponsor of the Tax Code Termination
Act. This legislation will provide for the abolition of the current
unfair and burdensome Tax Code by 2001. This legislation does not
carelessly abolish our current structure. Instead, the legislation
requires the enactment of a replacement code by Independence Day, and
that is a fitting day for this, 2001, that will be a fairer, simpler
tax and reduce the tax burden on all Americans.
Mr. Speaker, the current Tax Code has simply become too big and too
complex to correct. You cannot fix it. All Members of the House should
join us to replace the current Tax Code with a system that is fairer,
less complicated and takes less money from working Americans.
Mr. RANGEL. Mr. Speaker, if there is anybody in this body that knows
of anyone that has taken money from the government of China, they would
be aiding and abetting and involved as an accomplice in a felony unless
they reported it to our Attorney General.
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Mr. Speaker, I yield 3 minutes to the gentleman from California (Mr.
Matsui).
Mr. MATSUI. Mr. Speaker, I thank the gentleman from New York for
yielding me this time.
Mr. Speaker, it is really hard to take this whole issue seriously
this afternoon. We all know that it is not going to become law. It is
going to pass out of the House but the Senate will not take action on
it. That is why we are not seeing lobbyists clamber down on Capitol
Hill. That is why we are not seeing letters to the editor. That is why
we are seeing no stories in the major newspapers throughout the
country. This is really a political opportunity for one of the parties.
This is not going to become law. So it is really hard to get
particularly pushed out of shape or excited or concerned about this. It
is just not going to become law. Because the reality of the situation
is that those that are advancing this particular proposal really in
1997 added thousands of pages to the Tax Code. In fact, we have added
in 1997 when the Republicans were in control of the Congress 285 new
sections to the Tax Code, 824 new amendments to the Tax Code. This is
just in 1 year. There are now five ways, five separate ways to do
capital gains. In fact, Schedule D, which had 23 lines, now has 54
lines, and it really does take H Block to really figure it out. The
average person cannot do their taxes. Most of them do not have capital
gains so they do not have to worry about it. In addition to that, there
are now two different way to do IRAs, a back-ended way and a front-
ended way. In addition, you can convert over, but you better make sure
you understand your economic situation before you do.
We also have a number of different ways either to take a credit or a
deduction if you are a student. Should the student take it? Should the
student's parents take it? Should the grandparents take it? We have
really added complexity to the Code. The 1997 bill was probably the
worst tax bill the United States has ever had, because it added more
complexity to the Code than we have had in the last 25 years. And so
this is not a real exercise in good government. This is really a show
game.
I have to say that if it were taken seriously, I think people in this
country today would be really concerned. You would have to say, shall I
buy a house because I get a deduction on my home, and that is an
incentive, that reduces my taxes. But obviously if we changed the Code
or the Code is eliminated in 3 years, I may lose that deduction and all
of a sudden I might not be able to make my monthly payments on my other
expenses. But no one is saying that, because this is not a serious
effort. It is really a shame. We are going to be in until midnight
tonight and we are not going to take any really substantive action. The
irony of it is that we have 13 appropriations bills that are supposed
to pass, we have a budget, but we do not have it out of the House yet.
Not one appropriations bill has been taken to this body. There has been
no budget reconciled between the House and the Senate. It was supposed
to be done on April 15. Here we are at June 17, 2 months later. It is
amazing. It is absolutely amazing that we are wasting our time engaged
in this kind of activity that has no relevance, no value and certainly
it is something that is a political exercise that I think the American
public will eventually get disgusted with.
Mr. BUNNING. Mr. Speaker, I yield 2 minutes to the gentleman from
Texas (Mr. Hall).
(Mr. HALL of Texas asked and was given permission to revise and
extend his remarks.)
Mr. HALL of Texas. Mr. Speaker, I want to be logical about this. I
have thought a lot about it. I rise today in support of the Tax Code
Termination Act. I rise at a time when we are doing better. We are
doing better from the standpoint of economics. You can sell a piece of
property now. People can find a job. We have got the lowest inflation.
We have the lowest unemployment. Knowledgeable economists have told us
that we have the best economy we have had since the late 1940s and
early 1950s when we had the strongest financial position and strongest
geopolitical position in the history of this country. So I guess you
have to ask, why? Why are we where we are?
I think the President, the present President thinks that he caused
it. I think Mr. Dole probably think he did. I think Mr. Bush thinks it
is something he put into motion. But really and truly I believe it is
because we are just now getting over the lousy 1986 so-called Tax
Reform Act.
A lot of us have talked enthusiastically over the past few years
about the need to replace our current tax with one that is more
equitable, one that is more fair. Specific proposals for both a flat
tax and a sales tax replacement have been debated throughout this
country by proponents of these plans. A lot of us have signed on to
both of these bills.
The IRS administered Tax Code does not work. It has been the source
of endless anguish, unfairness, confusion and the invasion of privacy
for a lot of hard-working, well-intentioned Americans. In the interest
of fairness, however, I must say it is only accurate to note that many
hard-working and honest employees of the U.S. Treasury Department have
been embarrassed and appalled by some of the testimony by their fellow
employees during congressional hearings on IRS abuses. So I think they
know from within that we need to do something about the Tax Code that
we have. We have to recognize the fact that our Tax Code has
facilitated, and in many cases encouraged outrageous abuses while
escaping all attempts at reason and justice.
The American people deserve the right to know when it will end. We
need to be able to collectively undertake this important goal as
opposed to a mere debate.
{time} 1330
Mr. RANGEL. Mr. Speaker, I yield 2 minutes to the gentleman from New
York (Mr. Houghton).
(Mr. HOUGHTON asked and was given permission to revise and extend his
remarks.)
Mr. HOUGHTON. Mr. Speaker, I am not going to take long here, but I do
think that this is something which I would like to share an idea or two
with my colleagues. Let me tell them a story.
There was a man called Robert Ruark, and he wrote a story called
``Something of Value'' which talked about the end of colonialism in
Africa and the total chaos, and the reason there was chaos is that
there was nothing to take the place of the old governments. And I think
he said we could say as almost a general statement, ``When you take
something away, you must be able to put something in its place.''
Now I do not consider this a political argument at all. I consider
this an argument of technique. Some people think that the idea of
forcing an issue is the better way to get to an end rather than
logically taking a look at what the steps are in order to get where we
ultimately want to be.
I do not think anybody is happy with this Tax Code. I do not think
anybody is happy, as my colleagues know, really since the days of our
Lord when the Publicans were running around. I say ``Publicans,'' not
``Republicans,'' were going around and trying to collect taxes.
But really the question is: What is out there? I think we must exert
an element of judgment here.
As my colleagues know, to force something without anything at the
end, and let us say at the end of June in the year 2002 we have
nothing; what do we do? Where do we go? How does somebody plan? Will
there be Social Security? Will there be Medicare? Will there be
anything else? No one really knows.
Mr. Speaker, this is a very high stakes game, and to use a technique
of forcing something without any anything on the other end I think is
highly irresponsible, and therefore I think it is a bad measure and
something which we should vote against.
Mr. BUNNING. Mr. Speaker, I yield 2 minutes to the gentlewoman from
Wyoming (Mrs. Cubin).
Mrs. CUBIN. Mr. Speaker, I rise in strong support of
H.R. 3097, the
Tax Code Termination Act. I intend to vote for the passage of this
legislation, not just because I am a cosponsor of the bill, but also
because it makes sense. I have to just take exception with some
statements by the speaker from California who talked about increasing
people's taxes because of the possibility of not being able to deduct
mortgage interest from their income and
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