Watcher: November 30th, 2004

Federal Budget

read in full

Congress Delays Spending Bill, Tackles Tax Return Provision

Although it was widely believed Congress would pass and the President would sign the $388 billion omnibus spending bill before Thanksgiving, it appears now the must-pass legislation will remain on hold until Dec. 6 when Congress will reconvene for a second lame-duck session to work on its passage. The bill, H.R. 4818, includes the nine remaining appropriations bills Congress left unfinished when the fiscal year ended, as well as numerous other riders and provisions.

read in full

Spending Bill Will Remain On Hold Through Early December

Although it was passed by both houses of Congress last weekend, the FY2005 spending bill will remain on hold and will not go to the President for a signature just yet. Problems arose last week when Senate staffers discovered that the omnibus spending bill included a tax-return provision that shouldn't have been in there. The provision, if passed, would have given appropriators and their "agents" unprecedented access U.S. taxpayers' returns.

Both Republican and Democratic lawmakers supported removing this provision from the omnibus spending bill, however a correcting resolution won't be passed until the House and Senate reconvene on December 6th and 7th, respectively, to fix the controversial rider. House Minority Leader Nancy Pelosi (D-CA) made it clear that Democrats would not give unanimous consent to make the change on a voice vote, so the omnibus is pending until lawmakers return for a second lame-duck session. Pelosi argued that this extra time will give lawmakers a chance to read the bill, so that they know exactly what they are passing. Congress passed a continuing resolution to fund the government while the omnibus pends; it expires December 8th.

It is clear that flaws in the budget process are responsible for this mess. Not only are nine of the thirteen appropriations bills being passed almost two months after the end of the fiscal year, but a highly detrimental provision almost slipped throught the cracks of a bill that is thousands and thousands of pages long. When lawmakers and their aides are given the opportunity to slip these types of riders and provisions into massive, must-pass legislation, it is not surprising that situations such as this arise. For more information on this issue click here and here.

read in full

Tax Provision Holds Up Spending Bill

Over the weekend Congress passed a $388 billion spending bill that included funding for the nine appropriations bills that remained unfinished when the fiscal year ended on September 30th. The massive omnibus bill was scheduled to go to the White House to be signed by the President early this week, however it was held up on Capitol Hill as lawmakers rushed to remove a provision from the bill that wasn't supposed to be there.

The provision, buried on page 1,162 of a 3,600 page document, would have given House and Senate Appropriations Committee staffers the power to enter IRS facilities and examine American's tax returns. This right is only currently available to the tax-writing committees of the two chambers. Embarrassed Republican lawmakers expressed surprise that this provision was included in the omnibus and blamed both the IRS and congressional staffers for incorporating it into the bill. Once it is removed, it will be sent to the White House.

The process of passing all unfinished spending bills in a massive omnibus is detrimental because it is more secretive and rushed than it would be if the spending bills were each passed separately, and on time. According to this informative Washington Post article, "When the measure was rushed to the floors of the two chambers on Saturday, few members had read it." Professor of Public Policy Allen Schick noted that the inclusion of this provision shows "how easy it is to put something in [an omnibus bill] without anybody else knowing about it."

Fortuntely this provision was caught before the bill was signed by the President. It does demonstrate, however, the problems of a process that allows this to take place. As Representative Ernest J. Istook (R-OK) stated, "We have a problem with how bills like this are put together." Senator Kent Conrad (D-ND), who serves as the ranking Democratic Member of the Senate Budget Committee, also comments on this issue in his floor statement on the subject, which you can read here.

For additional information, see this Washington Post article.

read in full

Upper-Income Tax cuts and jobs

President Bush is arguing that reducing the top marginal rate would "fuel" job growth.

The problem with using the top marginal tax rate as a tool to cut taxes on "small" businesses is that 1) it misses most small businesses - less than 4% of businesses make enough to be taxed at the top individual rate, and 2) it reduces taxes on upper income individuals regardless of the source income - thus it does not target businesses efficiently.

read in full

Lost revenue from tax evasion

The nation is loosing up to $40 billion in revenue per year from tax avoidance, according to a story in today's Washington Post.

The story also indicates that "...efforts to shift resources to the problem have slowed considerably, even as the extent of the problem has unfolded."

In fact, according to the story, last year the IRS commissioner admitted that "79 percent of identified taxpayers who use abusive devices such as offshore accounts are not pursued."

read in full

Foundation Expenses, Charitable Giving to be Debated in the House

Should foundation administrative expenses count toward their required annual 5 percent “payout,” or should only grants count? A controversial provision of the Charitable Giving Act (H.R. 7) eliminates all administrative expenses from the payout requirement, and will be debated at a mark-up scheduled for Tuesday, September 10 in the House Ways and Means Committee.

read in full

Internal Revenue Service Scales Back EITC Certification Plan

Initial Internal Revenue Service (IRS) plans to "pre-certify" certain recipients of the Earned Income Tax Credit (EITC) have come under considerable criticism by advocates during the past few months. After agreeing to allow a comment period on the process and the forms, the IRS substantially modified the program. See the IRS press release.

read in full

IRS Revises EITC Certification Program

On August 5, the IRS announced significant changes in its proposed pilot program to require pre-certification of EITC taxfilers. (See previous entry for more information.)

The changes include:

read in full

Pages