[House Document 106-292]
[From the U.S. Government Publishing Office]
106th Congress, 2d Session - - - - - - - - - - - - House Document 106-
292
VETO MESSAGE ON H.R. 8, THE DEATH TAX ELIMINATION ACT OF 2000
__________
MESSAGE
from
THE PRESIDENT OF THE UNITED STATES
TRANSMITTING
HIS VETO OF H.R. 8, THE ``DEATH TAX ELIMINATION ACT OF 2000''
September 6, 2000.--Message and accompanying papers referred to the
Committee on Ways and Means and ordered to be printed
To the House of Representatives:
I am returning herewith without my approval H.R. 8,
legislation to phase out Federal estate, gift, and generation-
skipping transfer taxes over a 10-year period. While I support
and would sign targeted and fiscally responsible legislation
that provides estate tax relief for small businesses, family
farms, and principal residence along the lines proposed by
House and Senate Democrats, this bill is fiscally irresponsible
and provides a very expensive tax break for the best-off
Americans while doing nothing for the vast majority of working
families. Starting in 2010, H.R. 8 would drain more than $50
billion annually to benefit only tens of thousands of families,
taking resources that could have been used to strengthen Social
Security and Medicare for tens of millions of families.
This repeal of the estate tax is the latest part in a tax
plan that would cost over $2 trillion, spending projected
surpluses that may never materialize and returning America to
deficits. This would reverse the fiscal discipline that has
helped make the American economy the strongest it has been in
generations and would leave no resources to strengthen Social
Security or Medicare, provide a voluntary Medicare prescription
drug benefit, invest in key priorities like education, or pay
off the debt held by the public by 2012. This tax plan would
threaten our continued economic expansion by raising interest
rates and choking off investment.
We should cut taxes this year, but they should be the right
tax cuts, targeted to working families to help our economy
grow--not tax breaks that will help only the wealthiest few
while putting our prosperity at risk. Our tax cuts will help
send our children to college, help families with members who
need long-term care, help pay for child care, and help fund
desperately needed school construction. Overall, my tax program
will provide substantially more benefits to middle-income
American families than the tax cuts passed by the congressional
tax-writing committees this year, at less than half the cost.
H.R. 8, in particular, suffers from several problems. The
true cost of the bill is masked by the backloading of the tax
cut. H.R. 8 would explode in cost from about $100 billion from
2001-2010 to about $750 billion from 2011-2020, just when the
baby boom generation begins to retire and Social Security and
Medicare come under strain.
Repeal would also be unwise because estate and gift taxes
play an important role in the overall fairness and
progressivity of our tax system. These taxes ensure that the
portion of income that is not taxed during life (such as
unrealized capital gains) is taxed at death. Estate tax repeal
would benefit only about 2 percent of decedents, providing an
average tax cut of $800,000 to only 54,000 families in 2010.
More than half of the benefits of repeal would go to one-tenth
of one percent of families, just 3,000 families annually, with
an average tax cut of $7 million. Furthermore, research
suggests that repeal of the estate and gift taxes is likely to
reduce charitable giving by as much as $6 billion per year.
In 1997, I signed legislation that reduced the estate tax
for small businesses and family farms, but I believe that the
estate tax is still burdensome to some family farms and small
businesses. However, only a tiny fraction of the tax relief
provided under H.R. 8 benefits these important sectors of our
economy, and much of that relief would not be realized for a
decade. In contrast, House and Senate Democrats have proposed
alternatives that would provide significant, immediate tax
relief to family-owned businesses and farms in a manner that is
much more fiscally responsible than outright repeal. For
example, the Senate Democratic alternative would take about
two-thirds of families off the estate tax entirely, and could
eliminate estate taxes for almost all small businesses and
family farms. In contrast to H.R. 8--which waits until 2010 to
repeal the estate tax--most of the relief in the Democratic
alternatives is offered immediately.
By providing more targeted and less costly relief, we
preserve the resources necessary to provide a Medicare
prescription drug benefit, extend the life of Social Security
and Medicare, and pay down the debt by 2012. Maintaining fiscal
discipline also would continue to provide the best kind of tax
relief to all Americans, not just the wealthiest few, by
reducing interest rates on home mortgages, student loans, and
other essential investments.
This surplus comes from the hard work and ingenuity of the
American people. We owe it to them--and to their children--to
make the best use of it. This bill, in combination with the tax
bills already passed and planned for next year, would squander
the surplus--without providing the immediate estate tax relief
that family farms, small businesses, and other estates could
receive under the fiscally responsible alternatives rejected by
the Congress. For that reason, I must veto this bill.
Since the adjournment of the Congress has prevented my
return of H.R. 8 within the meaning of Article I, section 7,
clause 2 of the Constitution, my withholding of approval from
the bill precludes its becoming law. The Pocket Veto Case, 279
U.S. 655 (1929). In addition to withholding my signature and
thereby invoking my constitutional power to ``pocket veto''
bills during an adjournment of the Congress, to avoid
litigation, I am also sending H.R. 8 to the House of
Representatives with my objections, to leave no possible doubt
that I have vetoed the measure.
I continue to welcome the opportunity to work with the
Congress on a bipartisan basis on tax legislation that is
targeted, fiscally responsible, and geared towards continuing
the economic strength we all have worked so hard to achieve.
William J. Clinton.
The White House, August 31, 2000.