[Congressional Record Volume 158, Number 127 (Wednesday, September 19, 2012)]
[House]
[Pages H6101-H6104]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




                      ANDREW P. CARPENTER TAX ACT

  Mr. SAM JOHNSON of Texas. Mr. Speaker, I move to suspend the rules 
and pass the bill (H.R. 5044) to amend the Internal Revenue Code of 
1986 to exclude from gross income any discharge of indebtedness income 
on education loans of deceased veterans, as amended.
  The Clerk read the title of the bill.
  The text of the bill is as follows:

                               H.R. 5044

       Be it enacted by the Senate and House of Representatives of 
     the United States of America in Congress assembled,

[[Page H6102]]

     SECTION 1. SHORT TITLE.

       This Act may be cited as the ``Andrew P. Carpenter Tax 
     Act''.

     SEC. 2. DISCHARGE OF INDEBTEDNESS INCOME ON EDUCATION LOANS 
                   OF DECEASED VETERANS.

       (a) In General.--Subsection (f) of section 108 of the 
     Internal Revenue Code of 1986 is amended by adding at the end 
     the following new paragraph:
       ``(5) Deceased veterans.--
       ``(A) In general.--In the case of any student loan 
     described in subparagraph (B) of an individual who is a 
     veteran who served on active duty in the Armed Forces of the 
     United States and who is deceased as a result of a service-
     connected disability, no amount which (but for this 
     paragraph) would otherwise be includible in gross income by 
     reason of the discharge (in whole or in part) of such loan 
     shall be includible in gross income of any cosigner on such 
     loan.
       ``(B) Student loan described.--For purposes of subparagraph 
     (A), a student loan described in this subparagraph is a loan 
     that--
       ``(i) is made, insured, or guaranteed under title IV of the 
     Higher Education Act of 1965, or
       ``(ii) is a private education loan (as defined in section 
     140(a)(7) of the Truth in Lending Act (15 U.S.C. 
     1650(a)(7))), made by an entity (other than an entity 
     described in paragraph (2)) to an individual to assist the 
     individual in attending an educational organization described 
     in section 170(b)(1)(A)(ii).
       ``(C) Service-connected disability.--For purposes of 
     subparagraph (A), the term `service-connected disability' has 
     the meaning given such term by section 101(16) of title 38, 
     United States Code.''.
       (b) Effective Date.--The amendments made by this section 
     shall apply to discharges of indebtedness occurring on or 
     after October 7, 2001.
       (c) Waiver of Limitation for Credits and Refunds 
     Attributable to This Act.--If the credit or refund of any 
     overpayment of tax resulting from the application of the 
     amendment made by subsection (a) to a period before the date 
     of enactment of this Act is prevented as of such date by the 
     operation of any law or rule of law (including res judicata), 
     such credit or refund may nevertheless be allowed or made if 
     the claim therefor is filed before the close of the 1-year 
     period beginning on the date of the enactment of this Act.

     SEC. 3. ACCOUNTS IN THE THRIFT SAVINGS FUND SUBJECT TO 
                   CERTAIN FEDERAL TAX LEVIES.

       (a) In General.--Section 8437(e)(3) of title 5, United 
     States Code, is amended in the first sentence--
       (1) by striking ``659)'' and inserting ``659),''; and
       (2) by striking the period at the end and inserting the 
     following: ``, and shall be subject to a Federal tax levy 
     under section 6331 of the Internal Revenue Code of 1986.''.
       (b) Disposition of Amounts.--Any potential revenue gain 
     attributable to the enactment of this Act, as determined by 
     the Director of the Congressional Budget Office--
       (1) shall be deposited in the general fund of the Treasury 
     of the United States; and
       (2) shall be used solely for purposes of deficit reduction.

  The SPEAKER pro tempore. Pursuant to the rule, the gentleman from 
Texas (Mr. Sam Johnson) and the gentleman from Michigan (Mr. Levin) 
each will control 20 minutes.
  The Chair recognizes the gentleman from Texas.
  Mr. SAM JOHNSON of Texas. Mr. Speaker, I yield myself such time as I 
may consume.
  Mr. Speaker, H.R. 5044, the Andrew Carpenter Tax Act, was introduced 
by the gentleman from Tennessee (Mr. DesJarlais) in honor of Lance 
Corporal Andrew Carpenter, who made the ultimate sacrifice in defense 
of this Nation's freedom while serving in Afghanistan, and I'm a proud 
cosponsor of the bill. Mr. Speaker, I would like to thank the gentleman 
from Tennessee for his leadership in addressing a tax problem facing 
families of deceased servicemembers who have had their student loans 
forgiven.
  Right now our Tax Code considers forgiven student loans cosigned by 
the servicemember's family as taxable income. This is just wrong for 
our Nation's military families, and that's what the gentleman from 
Tennessee's bill is all about. It would change the Tax Code so that the 
IRS will no longer be able to hit families of deceased servicemen and -
women with a tax bill on the forgiven debt.
  You see, Mr. Speaker, the life of a military family is not easy, but 
it is admirable. We must never forget that when one member of the 
family serves, all of the family serves. In a small but important way, 
this bill is really about protecting our Armed Forces and their 
families, just as they protect our freedom every day. They need to know 
their country is behind them.
  With that, Mr. Speaker, I reserve the balance of my time.
  Mr. LEVIN. I yield myself such time as I may consume.
  Mr. Speaker, this bill does address an issue that needs 
consideration. Lieutenant Carpenter died serving his Nation. He 
possessed outstanding student loans. The lender waived repayment by his 
parents, who were obligated on the loans. Present policy would require 
his parents to pay taxes on the value of that repayment. The Congress 
must act to ensure that families of brave men and women do not face 
undue hardship in the face of tragedy.
  Unfortunately, this bill has not been the subject of a single hearing 
or markup in the committee of jurisdiction, Ways and Means. As a 
result, this bill has no legislative history to which agencies or 
taxpayers can turn to answer any questions that should arise.

                              {time}  1620

  While technical changes were made in this bill from the bill's 
introduction to its consideration on the House floor today, the text 
still leaves many questions unanswered, including deficiencies with 
respect to definition of terms in the bill and as to scope.
  The tax treatment of debt forgiveness is a broad and important issue. 
And while this bill will cover the tax treatment of one class of debt 
for one class of taxpayers, I think many in this body might believe 
that other classes of taxpayers should be able to receive such tax 
treatment. So, therefore, in the absence of regular order on this bill 
but recognizing the need to address the impact of our tax laws on those 
who have served our Nation and their families, I believe we should pass 
this legislation over to the Senate, with the expectation that it will 
address outstanding technical and coverage issues.
  With that, I reserve the balance of my time and ask unanimous consent 
that the balance of my time on this bill now be handled by the 
gentleman from Washington (Mr. McDermott), a member of our committee.
  The SPEAKER pro tempore. Is there objection to the request of the 
gentleman from Michigan?
  There was no objection.
  Mr. SAM JOHNSON of Texas. I now yield such time as he may consume to 
the gentleman from Tennessee (Mr. DesJarlais), the sponsor of this 
legislation.
  Mr. DesJARLAIS. Mr. Speaker, before I begin my remarks, I want to 
take a few moments to thank Majority Whip Kevin McCarthy, Majority 
Leader Eric Cantor, and Ways and Means Chairman David Camp for their 
help in bringing this worthwhile piece of legislation to the House 
floor. In addition, I want to say a special thanks to Congressman Sam 
Johnson for his work and guidance through the process.
  I also want to recognize and thank the family of Lance Corporal 
Andrew P. Carpenter for bringing this matter to my attention. I am 
truly humbled to have had the honor of introducing the Andrew P. 
Carpenter Tax Act.
  We are all familiar with the verse in John that says: ``Greater love 
hath no man than this, that a man lay down his life for his friends.'' 
On February 19, 2011, due to wounds suffered while on a combat mission 
in the Helmand province of Afghanistan, Lance Corporal Andrew Carpenter 
did indeed lay down his life for his friends and country.
  A graduate of Columbia Central High School in 2002, Andrew enlisted 
in the United States Marine Corps in 2007 and was assigned to the 3rd 
Battalion, 8th Marine Regiment, 2nd Marine Division, 2nd Marine 
Expeditionary Force out of Camp Lejeune, North Carolina. He was serving 
his second tour in Afghanistan.
  Leaving behind a wife, Crissie, and soon to be born son, Landon, 
Andrew gave his life in defense of our Nation and the cause of freedom. 
In a fitting tribute to his and his family's sacrifice, the city of 
Columbia, Tennessee, held a memorial service that sent a clear message 
that his valor would not be forgotten. Unfortunately, the aftermath of 
this outpouring of support was soon tarnished by the grim hand of the 
Internal Revenue Service. As hard as it is to believe, Mr. Speaker, the 
pain and anguish of his parents and wife were compounded by a tax bill 
from the Internal Revenue Service for over $1,000 due to the fact that 
an educational loan from a private institution was forgiven. Imagine 
the dismay of having to bury a son, daughter, husband, or wife that had 
paid the ultimate sacrifice only to have the IRS say you haven't paid 
enough.
  Three years prior, Andrew had taken out a private educational loan. 
After

[[Page H6103]]

learning that Andrew had been killed in action, the company 
administering the loan agreed to completely forgive the debt. However, 
the IRS did not. Upon forgiveness of the debt, the family, who had 
cosigned the loan, received a 1099C form informing them that the debt 
discharged would be factored into their gross taxable income for that 
year. Not knowing what the tax bill was for, the family paid the tax 
and then contacted my office and brought this matter to my attention. 
As a newly elected Congressman, this was a rude introduction to just 
how broken our Federal system was.
  Mr. Speaker, the legislation before us today attempts to shield 
American families from ever having the IRS add to their loss by 
callously presenting them with a tax bill. Simply, my bill amends the 
Internal Revenue Code to exempt private student loan forgiveness from 
being categorized as gross taxable income for families of veterans who 
have lost their lives while serving in active duty in the United States 
Armed Forces. It is important to note that this bill would not make it 
mandatory for private lenders to forgive educational loans. Private 
loan companies would still have the option of whether or not to forgive 
a loan.
  Having lost their son in Afghanistan, the Carpenter family is 
comforted by the knowledge that Andrew died a hero. His memory lives on 
in his son, Landon. It is for them and all those who may have or may 
face similar hardships that I urge that the House suspend the rules and 
pass H.R. 5044.
  Mr. McDERMOTT. Mr. Speaker, I yield 3 minutes to the gentlewoman from 
Texas (Ms. Jackson Lee).
  Ms. JACKSON LEE of Texas. I thank the subcommittee ranking member on 
the Ways and Means Committee for his leadership, and I thank my friend 
from Texas, Congressman Johnson, for managing, and the sponsor of this 
legislation as well.
  Let me rise in support of what I think is a recognition, a 
recognition of the sacrifice that families make and those who remain 
behind after our soldiers fall in battle--a fall pursuant to a service-
related injury--and to not have the added burden of having any forgiven 
debt be included as income to be assessed by the IRS.
  I believe that this is a fair and important collaborative exercise, a 
reasonable response to taxation. I hope, as we come together around 
veterans and this removal of this burden, we can clearly see pathways 
to address the question of tax reform that responds to working 
Americans, that protects working Americans, for that is obviously what 
this family is. They sent a son off to war, or a daughter off to war--
or a mother or father or uncle or aunt, cousins. America is about 
family. Therefore, now we have the legitimate response that they would 
not, through some procedural snafu, be burdened by having that forgiven 
debt be part of the remaining family's income, particularly those who 
may have cosigned. I know the fallen soldier would not want that to 
happen.
  As I stand here, I cannot help make mention as well of the resolution 
that saluted the fallen in Libya, H. Res. 786. I just wanted to 
acknowledge the passion that all Americans have for Ambassador John 
Christopher Stevens, Foreign Service information management officer 
Sean Smith, and security officers Tyrone S. Woods and Glen A. Doherty.
  As a member of the Homeland Security Committee, I have often said 
that terrorism is franchised. It does not have to be an army of 
millions or thousands, it does not have to be a battalion, it doesn't 
have to be anything but one wanting to do evil. Therefore, it is 
important to say to the families of these men in particular, and others 
that fell, and others that were injured, and the men and women that 
serve as our face--civilian face, if you will--in embassies and 
consulate offices around the world, particularly those who have served 
in the horrific backdrop of 9/11 in a region that is now overwhelmed 
with conflict--to say to their families that our priority will be to 
offer you sympathy and to mourn with you and to love you and to 
indicate that we will not allow divisiveness to fall on the issue of 
who did it.
  The SPEAKER pro tempore. The time of the gentlewoman has expired.
  Mr. McDERMOTT. I yield the gentlelady an additional minute.
  Ms. JACKSON LEE of Texas. What we will do is to raise the flag as 
Americans and evenhandedly and quickly investigate the source of this 
horrific incident to our family members. We will not let their memory 
be diminished by quarreling and squabbling about pointing the finger as 
much as it will be to investigate what actually happened.
  I think it is time now, as we saw occurring just a few days ago with 
the welcoming home of their bodies, that America draws together to show 
that we are united around those who have fallen in battle and those who 
have served, to express our deepest respect, and of course our deepest 
honor for them.

                              {time}  1700

  I will go forth to work harder to ensure that we are protected with 
secure Council offices and embassies and enhanced security for those 
who are willing to put themselves on the front line. I think this is 
appropriate in conjunction with this present legislation, H.R. 5044, 
that helps our fallen veterans as well.
  I thank my colleague for yielding the time.
  Mr. SAM JOHNSON of Texas. I reserve the balance of my time.
  Mr. McDERMOTT. I assume, Mr. Speaker, that the majority is prepared 
to close, and I yield myself such time as I may consume.
  Mr. Speaker, I don't think there's anybody on this floor who has any 
objection to what we've tried to do here for the Carpenters.
  I think that the question really is: Why do we not have regular order 
in the House of Representatives? This bill was so hastily drafted that 
it, the original version, did not even cover Carpenters, had to be 
amended so that it covered them. Now, that comes because you don't have 
hearings. That comes because you don't have witnesses come in and tell 
people how this works.
  We witnessed a rather sad event in Libya just the other day. I was a 
Foreign Service officer, and I felt very strongly the feeling of 
sadness and grief when Foreign Service officers died.
  Suppose one of them had an outstanding student loan signed for by 
their parents while they went to Georgetown school of whatever?
  The fact is that this bill--is that line of duty? No. So now we're 
taking one little narrow class and we're drawing one narrow little 
bill, when, in fact, there are a lot of people who, in the line of 
duty, get killed and debt forgiveness makes sense, as it does for the 
Carpenters and for the families who cosigned the loan.
  When your son or daughter goes off to college and you sign a loan 
with them, you don't expect them to die. But you certainly aren't going 
to withhold your signature if that's the only way your son or daughter 
gets an opportunity to pay for college.
  But this bill says that only one line of duty service-connected--and 
it doesn't define ``service-connected''--and it's only if you're in the 
military. There are a lot of other people who serve in this country, in 
public service--police officers, firemen, Foreign Service officers.
  There are a lot of people who ought to have been considered when this 
bill was brought before us. It was not brought before the committee, 
just popped out here on the floor as a unanimous consent bill.
  Now, this Congress has been the most do-nothing Congress in the 
history of the country--less hearings, less bills--but we have had 302 
votes in this Congress to reduce regulations on the environment. We 
found time for every fifth vote in the last 2 years to have been to 
reduce regulations protecting the environment. We couldn't have 
hearings on something like this because we were busy doing things like 
that. We spent 33 times trying to repeal the Affordable Care Act. We 
simply have not dealt with the problems that face this country.
  There's another issue that ought to be before the committee. It's as 
important, perhaps, as this issue, perhaps affects more people. That's 
the debt forgiveness that comes by the money that banks reduce the 
principal on loans.
  Now, if you have a loan for $300,000 and you have to refinance it, 
and you go and it's assessed, your house is now only worth 200,000, 
you're out of luck.

[[Page H6104]]

Your house is under water. Now, the bank can reduce the principal down 
to 200,000. They can grant you $100,000 forgiveness. But you know what 
happens to you when that happens? That 100,000 appears on your doorstep 
as income in the next taxing cycle.
  That provision is in--we have an exemption for that presently, but 
it's expiring in January, and we simply have not even brought that 
issue up. There are thousands of people out there with foreclosures on 
their homes who are being socked or will be socked by debt forgiveness 
by banks. Those are the kinds of other issues that should have been 
dealt with.
  Everyone's going to vote for this bill. I suspect that unless the 
Republicans want a vote on it for PR purposes, it'll go without a 
sound. None of us are going to ask for a vote, because it's obvious 
that this is one of those places where you want to make sure that a 
family who gives their son or their daughter does not get socked with a 
debt on top of it.
  I urge my colleagues to vote for this, but urge the leadership on the 
other side to think about having hearings and reestablishing the 
regular order in the House so that we can answer some of the questions 
that are about this bill and think about many of the other issues that 
we have not dealt with.
  We're within 2 days of the end of this Congress, and we've got 
thousands of issues. Everybody knows that November and December are 
going to be terrible because we're going to be right back here trying 
then to deal, on the back of a galloping horse, with a huge number of 
issues that have not been dealt with by the shortest Congress, the 
least hearings, the least bills passed.
  I yield back the balance of my time.
  Mr. SAM JOHNSON of Texas. Mr. Speaker, I appreciate our guys fighting 
for us.


                             General Leave

  Mr. SAM JOHNSON of Texas. Mr. Speaker, I ask unanimous consent that 
all Members may have 5 legislative days in which to revise and extend 
their remarks and include extraneous materials on H.R. 5044, as 
amended, currently under consideration.
  The SPEAKER pro tempore. Is there objection to the request of the 
gentleman from Texas?
  There was no objection.
  Mr. SAM JOHNSON of Texas. I urge my colleagues to support this bill, 
and I yield back the balance of my time.
  The SPEAKER pro tempore. The question is on the motion offered by the 
gentleman from Texas (Mr. Sam Johnson) that the House suspend the rules 
and pass the bill, H.R. 5044, as amended.
  The question was taken.
  The SPEAKER pro tempore. In the opinion of the Chair, two-thirds 
being in the affirmative, the ayes have it.
  Mr. DesJARLAIS. Mr. Speaker, on that I demand the yeas and nays.
  The yeas and nays were ordered.
  The SPEAKER pro tempore. Pursuant to clause 8 of rule XX, further 
proceedings on this question will be postponed.

                          ____________________