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February 9, 2000, Wednesday

SECTION: CAPITOL HILL HEARING

LENGTH: 19118 words

HEADLINE: HEARING OF THE HOUSE WAYS AND MEANS COMMITTEE
 
SUBJECT: FY2001 BUDGET
 
CHAIRED BY: REPRESENTATIVE BILL ARCHER (R-TX)
 
LOCATION: 1100 LONGWORTH HOUSE OFFICE BUILDING, WASHINGTON, D.C.
 
TIME: 10:09 A.M., EST DATE: WEDNESDAY, FEBRUARY 9, 2000

WITNESSES: SECRETARY OF TREASURY LAWRENCE SUMMERS
 


BODY:
 REP. ARCHER: Welcome, Mr. Secretary. And we're happy to have you before the committee.

Before I begin my prepared statement, I'm going to discuss a recent concern that is disturbing to me and I believe to all of the members of the committee on both sides of the aisle. And I refer to the steady stream of news reports about computer hackers disabling major Internet websites and accessing consumer credit information. Obviously, our committee is concerned because your Treasury Department computer systems must guard some of the most sensitive records of the American people, and that is the IRS records and tax records of all of our citizens. And I know that the IRS and the Treasury have world class computer security measures in place and I'm sure that this is a top priority for you and Commissioner Rossotti, but I commit publicly to you that you have the full support of this committee to help protect the privacy of the American people. Of course, this committee oversees other agencies that protect similar information, like Social Security, wage information, Medicare health records, and a host of other personal records, and we will focus on those areas as well. But we must do everything we can to apprehend Internet hijackers and put an end to this cyber-terrorism. And perhaps you'd like to comment briefly before I make my statement relative to the budget which is before us today. SEC. SUMMERS: Mr. Chairman, we share your, we share, we share your concern and I will be speaking with Commissioner Rossotti about this question of integrity of our systems. Frankly, privacy at the IRS has been a top priority for us for a number of years, and we have taken steps working with this committee with respect to employees who have made unauthorized use of the systems and issues of that kind.

I might just say, Mr. Chairman, that financial privacy generally is something that is a very, very important issue for us, and there is both the question of what is illegal hacking, and there is also the question of what is absolutely legal in terms of the widespread dissemination of information. And as the president made clear in the state of the union address, this is something on which we will be suggesting legislation to the Congress this year to further protect financial privacy, and we welcome your interest in this area.

REP. ARCHER: Well, it's important that we do work together, and this is something that knows no party lines. It's something that we need to cooperate fully on.

Now, having said that, I'd like to turn to the president's budget request. After saying in 1998 that we should save Social Security first, and saying in 1999 we should "save Social Security now," the president appears to have abandoned this pledge in his budget request. He apparently told reporters just last week that while he would like to save Social Security, in his words, he can't. It's a little disappointing when the most powerful elected official in the free world says, "I can't."

More disappointing and confusing perhaps is that the president has changed his mind again on the idea that the federal government should invest Social Security funds in private financial markets. We went through that with the original request, and it was negated powerfully by Alan Greenspan, who sat in exactly the chair where you are, after it was proposed, and the president then left it out of his October Social Security proposal. Now in the budget it's back in again, and I'm eager to know why when there is massive concern on the part of people across the country on a bipartisan basis of having the federal government own corporations in this country.

I also would like to know why it's necessary to keep raising taxes on the American people at a time when the tax take is at a peacetime high, we not only have balanced the budget, we're paying down the debt, we're protecting every dime of the Social Security surplus, and our fiscal house, I believe we both would agree, is on a solid foundation.

Last year, the president signed a tax relief bill that was funded largely out of the non-Social Security surplus. Why does the White House believe that we should push for tax hikes. There are plenty of other items that we need to discuss, like helping low-income seniors with the high cost of prescription drugs, making health care more affordable and accessible, continuing with the success of welfare reform, and creating better jobs and growth here at home by opening markets overseas.

So, these are some of the things that I look forward to hearing your thoughts on. And with that I yield to Mr. Rangel for any opening statement he might like to make. And without objection, each member will be permitted to enter any written statements into the record. Mr. Rangel.

REP. RANGEL: Thank you so much, Mr. Chairman, and welcome again, Mr. Secretary. And on behalf of the full committee, we welcome Sylvia Matthews, who is the new deputy OMB director.

And, you know, when you first stated saying that you were disturbed, Mr. Chairman, I took a deep breath, because I didn't know where you were going to go with that. I was hoping that you were disturbed because there were reports that we weren't working closely together in a bipartisan way in order to do the best for the Congress and the country. And, there are many things that I have problems with in the president's budget, but I do hope and truly believe that it would be helpful to both Democrats and Republicans if we could get something done in this session, because I'm not convinced that the voters are just going to blame the majority party. They just might not be that sophisticated and take it out on us too.

So, if we are concerned about Social Security and Medicare and prescription drug benefits, patient bill of right, education initiatives, it would seem to that there was a time when the president met with the House and Senate leaders and that some of these things could be worked out not to adopt what the president's creative imagination would present to us, but to select from those things that just made sense, whether they're Republican or Democrat, to see whether or not we could work together on it.

This type of thinking was shattered when I found out that the Republican, shall I say leadership, decided that the marriage penalty relief would be the first thing coming out of the Ways and Means Committee. And I know how important it is for the majority to get this thing done before Valentine Day, because these things are important that we send a message to the voters for Valentine Day that we love them and we want to give them relief. But how we can do this before we have a budget, I don't know. And I know that you've abandoned the 792 tax cut bill, and you've accepted the George W. Bush $1.3 trillion tax cut bill. And I understand that instead of bring it all to us at once, since we can't digest it no more than the American people can, that we will be getting it in little slices, but at some point it ads up.

Now, I think that the first slice that we get is the $182 billion marriage tax penalty that benefits mostly people who don't have a penalty. That doesn't bother me because I'm just as politically perhaps as you are. But what bothers me is that this is an opportunity to tell Mr. Summers and Ms. Matthews to take a message back to the president there's some things that we want to get done, that we're gonna select those things and we hope we work together because the majority does not have enough votes to override the president. So, clearly, if we can't override the president, we gonna have to work with the president. And as unfortunate as it may seem, sometimes you may even have to work with me and the Democrats. But if we gonna get anything done, we have to stop just taking shots at each other, but suggest how in a more positive way we can get something, no matter how small it may appear to be, done.

So, I really think that the president has laid out for the nation a blueprint of exciting ideas that some of which we may not be able to do. Maybe we won't be able to do it because we have other priorities. Maybe we may not be able to do it because we won't agree that it's the best way to do it. But out of two hours of suggestions, many of which we were able to get the majority party to give support at least in applauding, I would like to believe that out of that meeting with the president, or at subsequent meetings, we can agree to do something. And I do hope that the president is receptive to that, one, because it's important to the American people and the Congress, but two, because both Chairman Archer and President Clinton will not be returning. And I would like to be a part of leaving some type of legacy in being able to say that they've done something that the country and the Congress will treasure.

And I think we can do that and still have enough differences to have a knock-down-drag-out fight in November to see which team, the Democratic team or the Republican team, the American people would want, because I am convinced that there is not that much difference between what we would want; it's just how do we get there.

So I welcome you coming. I certainly will be working with you. And of course if we can't work together, there is another way to do it, and I prefer to do it in a bipartisan way. Thank you, Mr. Chairman.

REP. ARCHER: Mr. Summers, welcome again. We are happy to have you before the committee, and we will be pleased to hear your verbal presentation. And without objection, your entire written statement will be printed in the record.

SEC. SUMMERS: Thank you very much, Mr. Chairman, Congressman Rangel. It's a pleasure for Ms. Matthews (sp) and I to be here to discuss the president's fiscal year 2001 budget at a remarkable moment in our nation's economic history.

It was reported yesterday that productivity had grown at a five percent annual rate in the third and fourth quarters of last year -- performance that is nearly unprecedented, and performance that suggests that we live in a moment of great possibility.

The president's top priority in formulating this budget was to preserve our progress and to build our future. Above all, preserving our progress means maintaining budget surpluses and continuing to pay down the debt at a rapid rate. It is the pay-down of debt that makes room for the investments that allow us to take advantage of the opportunities of this moment in information technology, in biotechnology, in productivity-creating machinery and equipment.

The president's budget has five primary objectives. Let me summarize them in turn. First, debt reduction. This is a budget that provides for the elimination of the national debt by 2013, and steady reductions in its magnitude in the meantime. Debt reduction is tantamount to a tax cut in two important respects: because it removes the burden on taxpayers of interest payments, and ensures the principal payments will not need to be made on newly-issued debt in the future; and because, as we have seen, reducing federal debt and expected federal debt reduces pressure on interest rates, allowing them to decline. Each one percent reduction in the interest rate over ten years results in an approximately $250 billion tax cut in the form of lower mortgage costs for American families.

And budgeting for debt reduction has another important benefit: it increases the resilience of our economy with respect to the shocks and uncertainties that will happen with respect to any forecast. By reloading the fiscal cannon, it gives us a chance to respond to any future problems that may arise. And by creating valuable fiscal space it allows us to address the challenges of an aging society.

The second objective of the president's budget is to meet the needs of an aging society. Paying down the debt will eliminate -- ultimately eliminate -- the nearly $200 billion in interest costs that are contained in this year's budget. The question naturally arises of what is the best use of the fiscal space that is thereby created. And here the president's budget gives a clear answer: support for Social Security, funding of our existing obligation to Social Security beneficiaries.

Now, Mr. Chairman, the president's budget does provide for a portion of those transfers to be invested in equities. And that reflects judgments that we discussed at some length when I testified before this committee in early November about the importance of allowing Social Security beneficiaries to take advantage of the returns that the private market can provide, and the miracle of compound interest that we discussed. But it is our judgment that this is best done within the context of a defined benefit framework that does not transfer risk to Social Security beneficiaries, that conserves and minimizes administrative costs.

The budget also calls for the modernization of the Medicare program in three important respects: by providing seniors with prescription drug coverage -- if Medicare were enacted today it would surely include a prescription drug benefit; second, by providing a choice-based approach involving competition, but an approach that encourages the selection of lower-cost care alternatives, provides financial incentives for seniors to choose those alternatives, but avoids -- and this is crucial -- financial coercion that could interfere with existing relationships between seniors and their care- givers; and reflecting the rising side of the aging population, the aging of the aged population as life expectancy increases, the president's budget also proposes to fortify the Medicare trust fund with the savings from debt pay-down, and allots several hundred billion dollars for that purpose.

Third, the president's budget establishes a framework in which it is possible to provide significant targeted tax cuts, and it proposes some $350 billion in tax cuts over 10 years in a number of crucial areas. These include the promotion of savings through a new program of retirement security accounts that works with the grain of the existing employer-provided pension system and private financial- institution-provided IRA system, but works to provide extra incentives to motivate the 75 million Americans who do not have a pension or 401(k) to save; expansion of educational opportunity, by allowing the deduction of as much as $10,000 in higher education costs for middle- income families; steps to make health care more affordable, by tripling the long-term care credit and helping those who have lost jobs to maintain continuity in their insurance in a number of ways; support for working families, including crucially a reduction in marginal tax rates under the earned income tax credit programs and targeted and appropriate marriage penalty relief; tax simplification through the alternative minimum tax and increases in the standard deduction. There are also measures contained in the president's budget to address environmental concerns, to address the digital divide, and to support philanthropy.

Let me highlight one area, if I could, Mr. Chairman, of the president's tax offsets, and that is the area of corporate tax shelters. There is, in my judgment, ample room for raising a debate about a variety of tax subsidies of various kinds that are contained in the budget. But it seems to me that we all ought to be able to agree that transactions that are devoid of economic substance, and are marketed in secret ought to be curbed, revenue considerations apart, in support of the maintenance of the integrity to the system. And yet it has become increasingly clear to thoughtful observers of our tax system that these transactions are increasing and are becoming increasingly pervasive, and a source of pressure to honest taxpayers. And it would be my hope that, wherever we come down on the broad range of business subsidies, we and the Congress could work together to address this problem of abusive shelters, which it seems to me is coming to be a very serious problem in the same way that the individual tax shelter problem became a very serious problem in the 1980s before legislative action was taken.

Fourth, spending targeted to key priorities. Let me highlight one aspect of the president's budget. It is built around a current services baseline. That baseline starts from a government that is smaller today in terms of public employees, smaller today in terms of total spending as a share of GNP, smaller today in terms of discretionary spending as a share of GNP, and smaller today in terms of domestic discretionary spending as a share of GNP than at any time since the 1960s. And it shrinks the government steadily over 10 years by each of those measures.

With this budget, the government as a share of GNP will be smaller than at any time since the middle of President Eisenhower's term.

This is a conservative fiscal, prudent fiscal assumption in which all of our initiatives are financed by changes in the pattern of government spending. To budget for a lower rate of growth than this would be to count on slower growth and discretionary spending than we had between 1981 and 1993, or slower growth in discretionary spending than we have had since 1993. It would, it seems to me, take a great risk of relying on cuts that ultimately would not come, and thereby putting our fiscal progress, our debt reduction, which is so crucial to the maintenance of prosperity, at substantial risk.

Within this restricted current services envelope, the president's budget includes a number of initiatives: health care initiatives to substantially expand coverage; education to reduce class sizes, to enable a million more children to participate in Head Start by 2002; and to repair the nation's classrooms; and law enforcement, where among other things we are proposing the largest ever expansion in our effort to prosecute firearms violations, involving 300 more agents, 200 more inspectors, and 1,000 more prosecutors.

Let me highlight finally, fifth, an area that I know is of great concern to you, Mr. Chairman, and that is our international engagement. At a moment of such economic strength for our country, we must always remember that as Chairman Greenspan once testified, we cannot forever be an oasis of prosperity in a troubled world. And that is why it is crucial that we find the way to move together to support an open global trading system, including the passage of the permanent normal trading relations bill that is essential for China entry into the WTO, and the African Growth and Opportunity Act, and the enhanced CBI. It is also in our judgment particularly important in this year we do our part to include support for the poorest countries, including continued funding of the highly-indebted poor country debt relief initiative. And I would highlight something that I think is of particular concern to me: our proposed measures, including a tax credit, to accelerate the development and delivery of vaccines for infectious diseases that kill more than a million people each year, such as AIDS, malaria and tuberculosis.

To conclude, we are at a special moment in our national economy. But, above all, it is not a moment for complacency. We cannot assume that without proper choices we will always enjoy this good fortune. Indeed, even with proper choices we may not always enjoy this good fortune. That is why it is crucial that we act responsible this year to continue paying down the debt, to prepare for the liabilities of an aging society, to prudently assure that we can continue to fund core government; and then to provide tax benefits to American families to meet some of their most important needs. We can do all of that working together. Thank you very much, Mr. Chairman.

REP. ARCHER: Mr. Secretary, thank you for your succinct presentation. Does Ms. Matthews (sp) wish to make any statement?

MS. MATTHEWS (sp): No, thank you, Mr. Chairman.

REP. ARCHER: We are happy to have you with us.

MS. MATTHEWS (sp): Thank you.

REP. ARCHER: This problem that you mentioned toward the end of your presentation is a very serious one. FISC, which is one of our few tools to help exports, is negated by the Europeans, then it will fall very heavily on the jobs -- good jobs -- that have been created for exports. And I am glad you mentioned it, because we need to work together in every possible way to find some relief from this. I am constrained to say that there is one easy answer, and that is to abolish the income tax and go to a consumption tax, and I wish I could have intrigued the president to join with me in pushing for that. But apparently that will be for a later day. That in one fell swoop would take care of the problem, not only the disadvantage, but give us a fair advantage under the world trading rules.

I think ultimately we must come to it, because otherwise we are going to see, as we heard testimony from witnesses last year, more and more American corporations being merged to become foreign corporations. We saw it with Chrysler. Out tax code single-handedly forced Chrysler to become a German corporation at the end of the merger, and that testimony is in the record from a Chrysler executive. Bankers Trust is now Deutsche Bank because of our tax code. Amoco is now BP because of our tax code. and we will see more and more and more of that if we do not get serious about eliminating the massive negative impact of the way that we tax foreign-source income. And this FISC part is only a small part of that entire problem, and I will work very, very aggressively with you in trying to find an answer to it.

Mr. Secretary, there are so many things that I would like to ask about. I am going to limit it to a couple, and then other members of course will want to have their turn at the questioning. You provide significant increases in spending, but you don't talk about how we can eliminate wasteful spending. We just found out that the Defense Department's records are so bad that we cannot even have an audit and determine missing billions of dollars. The same is true of the Department of Education, where billions of dollars have been unlocated. It seems to me that we should start talking about eliminating wasteful spending before we start talking about increases in spending.

Let me go on to the debt. I am looking at the figures in your budget relative to the aggregate debt of this country. And if I read them correctly, they go up every year from the year 2000 through the year 2013, necessitating an increase in the debt ceiling. And yet you say you are going to pay off the debt. Well, obviously you are not paying off the debt if we have got to have an increase in the debt ceiling. And it's almost like a shell game: you are transferring debt being held from one group to being held for another group, but the aggregate is going up. And that is still money that future taxpayers are going to have to pay off. And those debt service charges continue to go up, and they are going to have to be paid.

And I think we ought to -- I think we ought to be very forthright with the American people, both Republicans and Democrats, because we both get involved in this. And we are not paying off the debt, either one of us. The debt is going up. And debt service charges, depending on what interest rates are, are going up too. And that is a very serious factor for this country.

And, finally, I would ask you to comment on why you believe that you need to have $14 billion of extra revenue coming into the federal government at a time when the tax rate is the highest in peacetime. Your budget, integrating all of the revenue items, and all of the tax reduction items, is a net -- by your numbers, they may be different by CBO and Joint Committee, we haven't had time to get those numbers yet -- but by your numbers, is an increase of $14 billion that would be taken into the federal Treasury on a net basis.

And I can't for the life of me understand why the productivity and the people of this country are going to have to put more money into the Treasury at a time when revenues are skyrocketing. And I'd be happy to have your comments on that.

SEC. SUMMERS: Mr. Chairman, I'm glad you've given me the opportunity to address three important issues. First, with respect to government waste. We have over the years taken management of the government very seriously. And that's why the civilian labor force of the government is one-sixth -- is one-sixth smaller than it was in 1993.

At Treasury, for example, we've reduced our workforce by 10 percent, even though there are a lot more tax returns and a lot more people crossing -- crossing the border than there were. We think that represents real progress, though there's a lot more to do.

You are absolutely right in raising the concern about funds that cannot be fully accounted for. When these programs were began -- of taking on the task for the first time of accounting for all federal assets as a result of legislation we've worked together with the Congress on in the mid-1990s -- there was far more in the way of unaccounted-for assets. And year after year, we have improved the quality of financial controls. And that is a crucial task for us all to continue.

Let's recognize that we are making progress in improving our financial controls. We are making progress in shrinking government, we are making progress in shrinking civilian government for the first time in a very, very long time.

REP. ARCHER: Mr. Secretary, just very quickly -- ah yes, so much more to do in so little time. You may proceed.

SEC. SUMMERS: There's a great deal to do. The establishment of a fully satisfactory set of controls isn't something that's going to happen this year, it may not be something that happens in the next several years. But we are getting much better controls on these expenditures and we are doing much more with much less for the first time in a long time.

With respect to the debt, it is the convention of economists, of financial analysts, of almost all experts who look at these issues to focus on the publicly held debt -- to focus on the publicly held debt, because that represents the obligation of the government to its citizens and to net out the intra-governmental debt, much as, in looking at the financial position of my family, one would net out any debt obligations between me and my wife.

And it is the publicly held debt figures to which I was speaking. It is that which reflects pressure on credit markets, it is that that is reflected in the unified deficit. And I would argue very strongly -- I think this is a judgment that experts of both parties would agree on -- that it is the publicly held debt and the net interest flow of the federal government that is relevant for analyzing the government's fiscal position.

Your third -- the third issue is an important one, and that was the question with respect to the gross versus the net tax cuts. As I indicated, the president's budget has $350 billion in gross tax cuts. It has $100 billion in tax offsets such as the tax on corporate shelters that I referred in my testimony. It also does include a number of other measures that generate revenues for the federal government.

Some of those are measures such as user fees, which do generate receipts but which we don't think of as a tax. Some of those represent -- a large part of those represent tobacco policy, which we feel is the best way of stopping a fraction of the 3,000 kids who start to smoke each day, 1,000 of whom will die from starting to smoke. We think that's an appropriate public health investment in our country's future. It's a judgment on which one can disagree, but the motivation for it is very clearly not the generation of revenue, it is the protection of the public health.

REP. ARCHER: Mr. Secretary, again, I compliment you on the succinctness of your responses, which the committee appreciates. And a tax is a tax is a tax. A tax on cigarettes means that those people who use cigarettes are going to have less money to spend on other things. It is highly regressive, it hits very, very hard the lowest- income people. It has not been proved to be a deterrent, but it is a tax. And it's raising more revenue out of the economy.

User fees -- and you've tried to reclassify certain things from a tax to a user fee. But a user fee technically is only something which is voluntary. If you want to use a service, then you pay a fee. That's the technical definition of whether it is a fee rather than a tax.

And I would say that what you are calling fees will not pass muster in most cases under that definition. But in any event, you're raising by your own figures $14 billion more out of the economy, net, than is currently being raised today. And the tax revenues are burgeoning already. And we just have a disagreement about whether that's an appropriate thing to do.

SEC. SUMMERS: I think we may. Let me just emphasize that a large share of the tobacco policy represents a penalty on tobacco companies if they are not sufficiently successful in reducing the incidence of youth smoking. And so it seems to me that a fine for failing to achieve a public health objective as a policy one could argue both sides of. But it doesn't seem to me best to think of it as a tax.

And of course, no one has to pay any of this who chooses not to smoke. So by your voluntary -- by your voluntary criterion, which I'm not sure I would agree with, but by that criterion, one could distinguish the taxes

If I could just take up one other point. It's sometimes suggested that taxes are at some kind of high -- high level at this point. But I would just hasten to observe that if you look at the tax burden on a family with half the median income or the median income or twice the median income, it is lower than it has been any time in the last two decades.

It is true that taxes relative to GNP are at a relatively high level. That is a reflection of two things. It is a reflection of the fact that income is at a high level relative to GNP because of the strength of the stock market and all of that. And it is a reflection of the fact that something we're working to try to address -- but that the income gains over the last two decades have gone heavily to those who are in higher tax brackets, and heavily in the form of profits that are particularly heavily taxed.

And those two considerations account for the taxes to GNP ratio having risen. But I think we do need to be clear, with anyone who's listening to this hearing, that if you measure the tax burden on a family with the given median income, that tax burden at the federal level, either for income taxes or income plus payroll taxes, has fallen over the last two decades.

REP. ARCHER: Well, no matter how you spin it, Mr. Secretary, the takeout of our economy is at the highest percentage of GDP in peacetime history. That's a fact. That money is coming out of the productive private sector into the government. And the danger is that that will perhaps be a magnet to pull up the total spending level which may become entrenched at the highest level of GDP in history, and which then would be difficult to maintain if you have a change in the economy.

But I'd love discussing this more with you. You're the economist and I'm not. Mr. Rangel.

REP. RANGEL (D-NY): Thank you. I find intriguing that the figure of tax is not a tax but a penalty, because I've been wrestling with the Republican marriage penalty tax relief. And they're giving the relief to people who have no penalty and indeed have a bonus.

And so it would be good if we could have a course between the White House and the Congress in what words mean. But I like the word "penalty" instead of "taxes." (Laughs.) (Scattered laughter.)

Let's see now what we're up against. When the president met with the Congressional leaders were you present?

SEC. SUMMERS: Yes.

REP. RANGEL: It hasn't been shared with us in the minority, but do you have some guideline as to where the Republican leadership is taking us with the tax bill?

SEC. SUMMERS: I think it's best to let the -- let the Republican leadership state their own -- state their own intentions, and I would rather not be put in the position of trying to characterize or predict their judgments. I'm happy to speak for the administration.

REP. RANGEL: Was this a secret meeting that you had? I mean, this is a meeting to determine where we can cooperate, I thought, between the Congress and Executive Branch. I assumed they raised areas that they wanted to work with the president.

SEC. SUMMERS: I think there was -- I think there was -- I think there is a sense that we would like to work together. We certainly in the administration would like very much to work together with the Congress and both houses and both parties to try to accomplish the key things I've been talking about: paying down debt, helping health --

REP. RANGEL: No, no. It's clear where the administration is coming from. But you see, we don't have a budget from the Republicans so we don't have a blueprint to work with. And I assume that nothing was given to you to share with us.

Social Security -- we don't have a bill in the House. Was that discussed with the president or you to see whether we can work together on that? Because it doesn't bother me that they don't talk with me, but -- but did they talk with the president about bill -- Social Security?

SEC. SUMMERS: Certainly there's no specific private proposal of which I'm aware.

REP. RANGEL: Okay. Well, I would hate to see this year go by without us really dealing with the question of education initiatives. It's so important that our country be prepared to keep up with the advancements in technology. And I know many of my Republican friends would want to support some initiatives there.

Certainly the earned income tax credit provision is just the equitable thing to do with some many people become instantly wealthy and this would give an opportunity to pull hard-working people out of poverty.

The Speaker has said he shares the new market initiatives working with J.C. Watts empowerment zones. Are people talking with you about how we've got to work this thing together, especially in the tax portion of it?

SEC. SUMMERS: You know, my hope would be that, Mr. Rangel, that coming out of this hearing, we could move towards trying to establish a framework for the budget this year, into which some of the crucial tax components could fit.

And in addition to the earned income tax credit and school construction and digital divide that you've mentioned, I would highlight the alternative minimum tax and I would highlight the retirement savings questions as areas where I very much hope that we can work together.

REP. RANGEL: Well listen, it's clear that many objections are going to be raised on the point of view of you, the president and the administration. What I'm trying desperately hard to find out is did you get a sense of any areas in which the majority can work in a positive way with the president or are we just talking about your hopes and the president's hopes?

SEC. SUMMERS: I think it is best for me not to hold myself out as a spokesman, as a spokesman for the majority, Congressman Rangel.

REP. RANGEL: Well --

SEC. SUMMERS: Certainly, I think we've all seen and welcomed statements indicating a desire, such as the one the chairman expressed today, to work together on a range --

REP. RANGEL: Okay. All right. All right.

SEC. SUMMERS: -- of these issues, and my hope would be that that will prove to be possible.

REP. RANGEL: Okay. Now -- now that you have all these hopes on the table, there's a bill coming to the floor tomorrow, a marriage tax penalty bill. Now, did the Republicans discuss this with the president? It was included in his state of the union, and while it's a dramatically different approach, did they reach out to you and say "Can we work out something on this issue?"

SEC. SUMMERS: No. I've communicated my view to chairman -- my view in a letter to both you and to Chairman Archer with respect to that proposal.

REP. RANGEL: But what is your view in respect to this proposal?

SEC. SUMMERS: I've written indicating that the president believes that it is important to address marriage penalty issues, but it should be done in the right way, in the right framework, at the right time, and expressing the judgment that I and the president's other senior advisors would not be able to recommend that he sign the current legislation because of the absence of an overall framework for a tax cut of this magnitude.

REP. RANGEL: I've been used as an interpreter for White House language, and I've been telling my friends here that you not recommending that the president sign means veto, but I -- I understand that you can't say that.

Well, if you're going to veto the bill and they still are going to push the bill, then it seems to me that your hopes for cooperation in taxes are not well-founded.

SEC. SUMMERS: Well, I'm an optimist. I think there are real opportunities -- real opportunities this year. It seems to me that there's a great deal of consensus on the idea of paying down debt. I've been encouraged by the number of people who have shared the view that we need to provide that prescription drug benefit, by the number of people who recognize that choice in Medicare is possible without financial coercion, and who see that really in the tax area the priority is helping middle class families at crucial points in their lives, and particularly helping those who have been left behind. I think there's an increasing number of voices who are recognizing that. And my hope would be that it be possible to work together to do things that will strengthen our national economy, because it won't always be this strong, and this is a moment when we have a real opportunity to work together.

REP. RANGEL: Well, your inspiring presentation has given me now hope, so I'm going to hope that the majority would put the Archer-Shaw Social Security concept into some type of legislative language so we can get the administration to look at it. I'm going to hope that the death penalty provisions and the tax cuts that have been placed on the patient bill of rights, and that the Republican retirement savings incentives and the tax cuts that are on the minimum wage bill, and the exciting education saving accounts and the community renewal of J.C. Watts, and the repeal of the Social Security earning test -- I mean, I'm only up to $1.4 trillion, but still this is a part of an overall concept the Republicans have put together in small part. And so, we only have the first slice of this trillion dollar package for tomorrow, but if you have hope, I'm going to have hope that one day the majority would come to us with the rest of these very important issues to see whether we can work together with you and the president.

But, if that doesn't happen, you might want to pick out the most important things, like the vaccine and the trade bills and what not, and maybe we'll operating on plan two. But I'm going to have hope too. Mr. Chairman, I hope you were nearly as inspired as I was by the secretary's internal desire and hope that you and I work more closely together.

REP. ARCHER: I'm always inspired by your comments, Mr. Rangel.

REP. RANGEL: Thank you.

REP. ARCHER: Mr. Crane.

REP. CRANE: Well, first I'd like to remind Mr. Rangel that Congress makes policy. The function of the White House is to administer policy.

Let me touch on one other thing and that's FISK (?), and that is a major concern because it can have a profound impact on our ability to remain competitive in world markets. And our chairman talked about how his consumption tax would eliminate that disadvantage that potentially we're confronted with. I've pushed for a sales tax, though -- or not a sales tax, a flat tax, for 30 years that would eliminate any tax on business whatsoever on the grounds that they don't pay taxes in the first place. It's a cost like plant, and equipment, and labor, and you've got to pass them through and get a fair return. Either one of those approaches would eliminate that problem that we're facing.

One other issue that you touched upon, Mr. Secretary, is the tobacco tax, and are we contemplating taxing sugar too? Are we?

SEC. SUMMERS: Not that I'm -- I'm not aware of any proposals that the president has put forward --

REP. CRANE: Because excessive consumption of sugar, you know, puts on all that fat and, you know, that's injurious to your health. Shouldn't we punish people for, you know, going down that path?

SEC. SUMMERS: I'd certainly be prepared -- certainly I'd consider it. It's not something that -- that's not something we've put forward. Let me emphasize the thrust of the president's policy in the tobacco area. It is focused on kids. It is focused on people below the age of, below what we normally take to be the age of consent, who become addicted before reaching the age of 18. I don't remember the precise figure, but it's something like three-quarters of smokers have become addicted before the age of 18. And so, it becomes a rather different kind of context than another of other issues.

REP. CRANE: Well, if you'll yield, Mr. Secretary, putting that huge tax on a pack of cigarettes, that's going to discourage that teenager, right, from going to the market because he can't lay his hands on all that money, is that it?

SEC. SUMMERS: Let me say, let me just, let me just say that there is an extensive body of evidence that, on another occasion if the committee is prepared to take this issue up seriously, I'd be pleased to come present to the committee documenting the price responsiveness of cigarette demand, particularly among young people, to the level of prices. That evidence comes from cross-state comparisons. That evidence comes from inter-temporal comparisons. That evidence comes from international comparisons. It's corroborated by the work of Nobel Prize winners like Gary Becker. There are a number of aspects of the tobacco question that one can debate, but the proposition of price elasticity in response to the tax I think is one of the better established facts in empirical microeconomics.

REP. CRANE: Well, I hope it doesn't encourage any young kid whose got a breakdown in terms of moral standards to engage in increased theft, stealing, you know, to finance that bad habit.

Let me turn to another subject that is a major concern to me, and it has to do with trade. And given the failed outcome at Seattle, how have our objectives changed for achieving further trade liberalization, and what's the administration strategy for achieving those objectives?

SEC. SUMMERS: Congressman Crane, we are engaged in quite active consultations with a number of countries around the world to try to establish a basis for consensus that would allow a new round of WTO to move forward. Crucial issues include agriculture, include the treatment of services, include the definition of the ambit of the round, what kind of rules are going to apply to investment, if that's going to be a subject that's going to be treated, and, of course, what kinds of discussions are going to take place with respect to issues of environment and labor.

The president spoke in considerable detail to the U.S. position in his address in Davos, and made what I think is the central point, which is that there in no alternative to a free trade, open markets approach, but that for such an approach to be sustainable and successful, it's essential that it be complemented by efforts to address the other consequences of global integration, much as took place as interstate commerce increased in the United States in the first part of this century. And I would say this, that in terms of starting the round, in terms of moving ahead with trade, the most important decision that will be made in the United States will be the decisions as to whether Congress gives impetus to the global trading system by passing China's entry into the WTO and by passing the Africa and the CBI initiatives. And my hope would be that it will be possible for us to give impetus to that system through those two pieces of legislation.

REP. CRANE: One quickie question, and that has to do with many foreign delegations and others expressed concern over the president's remarks regarding labor standards and trade sanctions out in Seattle. And with that comment still echoing in the minds of delegates, how can we take the next steps to create an atmosphere of cooperation?

SEC. SUMMERS: We've been speaking to countries all over the world. I had a chance to discuss these questions on my visit to India and Indonesia. I think there is an increasing recognition that it is absolutely unacceptable for labor and environment to be used as cloaks for protection. But at the same time, if we're all coming together in a smaller world, we have to find approaches to address what everyone agrees is a real problem -- children who are working in mills rather than being in schools, and environmental problems that cross international borders. And while we're going to have to work to find the formula, I think there is now considerable agreement on ends and the question at issue really goes to means.

REP. ARCHER: The gentleman's time is expired. Mr. Thomas.

REP. THOMAS: Thank you very much, Mr. Chairman. Welcome, Mr. Secretary. I was pleased to see in the written testimony that you've provided, on pages 4 and 5, half of page 4 and half of page 5, so about a full page focusing on Medicare, and the heading was "Modernizing Medicare." However, in the first paragraph you say, "But there is now a very broad consensus that it's time to reform Medicare." And so my assumption is that modernizing is also reform. I wouldn't want to get into a semantic squabble about what's going on.

I'm also pleased because in that first paragraph, in talking about the president's interest in extending competition, that was one of the core interests of the Medicare commission, I was pleased that, frankly, the president chose you and your department to put together a competitive market structure for fee for service. I think the majority is ready to sit down and talk about competitive models, both for fee for service and for managed care. Some of the president's proposals we think are forward-looking and positive. Obviously there are some that have been items that have been presented to both Democratic and Republican congresses and simply haven't been accepted, but the core of working together I think, is there.

Should I read anything at all into the fact that the White House chose the Treasury Department to put together a competitive model on Medicare rather than using the Health Care Financing Administration, which is currently charged with the responsibility of running the old- fashioned structure of Medicare?

SEC. SUMMERS: Let me just say, Congressman Thomas, I appreciate the kind words about the Treasury Department. But I would hasten to point out that, as is the case with virtually all of the proposals that the administration puts forward, they reflect the hard work of an inter-agency process overseen by a principle --

REP. THOMAS: I understand that, but I have a very short period of time. And my question would be, was there any discussion -- are you at liberty to be able to tell us? Because in looking at the model that the Treasury Department put together, from my perspective it was not inconceivable that you could have simply then added a little frosting on top of that nice cake that you baked for competition, saying we should use a new entity to oversee the competitive model. We, of course, on the commission would have called it the Medicare board. You can call it anything you want as long as Treasury is the one that proposes the structure. Is that an area, do you think, we could work toward modernizing and reforming Medicare?

SEC. SUMMERS: Let me say, the administration has real concerns about making sure that there is full political accountability with respect to any mechanism that's established for overseeing competition. But we very much want to be in discussion with the Congress to find the right approaches to choice.

REP. THOMAS: I appreciate that. So if I have the thesaurus that the gentleman from New York has, where you won't say veto, you didn't say no. So my assumption is that's an area that we can work, and I appreciate that response. One of the concerns in terms of reform in the next paragraph is on prescription drugs. It's still a kind of a stand-alone proposal which isn't integrated. And frankly, prescription drugs as part of the tool chest for medicine today really does tend to integrate the use of drugs with the other more traditional medical practices. And I would hope that we have the ability to move forward on looking at perhaps an integrated prescription drug program, along with more traditional Medicare.

I also noticed that the president changed the proposal from last year, because I know there was major criticism along the fact that it wasn't a very good structure that you proposed because you had to have a certain level to get your money back at the front end, and then at the $2,000 amount, people were paying 100 cents on the dollar. I wish I could have seen some structure to this $35 billion proposal. But I assume that's going to come out.

Last question. I assume you folks did not recommend a veto to the about $16 billion adjustment to Medicare called the Balanced Budget Refinement Act. The president signed the bill. So my assumption was that where we place the money, especially for hospitals on outpatient, for skilled nursing facilities and for home health care, that all of us were concerned that seniors were going to be denied services, because the original package in 1997 didn't have as fine a crafted tools that we would have liked to adjust the marketplace.

CBO is now telling us -- and I would be anxious to see what OMB's numbers are -- that from just the last baseline estimate to today's revision, that we are going to be getting about $62 billion over five years of ongoing Medicare savings. In the light of those numbers, why would your administration recommend cutting Medicare by an additional $70 billion over 10 years when you just voted last year to put $16 billion back in?

SEC. SUMMERS: Congressman Thomas, we'll be getting new information on the long-run baseline, of course, when the actuaries prepare their report on Medicare in April or whenever it comes out; in April or in May. The administration certainly did hear the same voices that the Congress heard in passing the Balanced Budget Refinement Act last year. Our proposals do contemplate certain economies that we believe are still possible within the Medicare program, but does so in a rather more limited --

REP. THOMAS: I'm sorry. Did I read the budget wrong? There isn't $70 billion of reduced payments which are extenders for the BBA? Does the budget not contain that?

SEC. SUMMERS: Sorry, I indicated that it does --

REP. THOMAS: Okay.

SEC. SUMMERS: -- but I indicated that those proposals were scaled back from the proposals that had been contained in last year's budget and in the mid-session review.

REP. THOMAS: So instead of $109 billion in cuts, you scaled them back to $70 billion in cuts. That still doesn't answer the question of why you voted to put money in last year and you're still on a track of, albeit reduced cuts, $70 billion over 10 years of cutting back on Medicare when we're trying to get it right. And I guess my response to you would be I would love to sit down and work on a competitive model.

I think we can save some money over projection and that we ought to take any surplus that we're now getting from Medicare and reinvest it so that we can create a better Medicare, but not go back to the old-fashioned cutting Medicare, which to a very great extent is what the president's program offers, because if we can make savings, then we don't have to make that massive transfer in the president's program to argue that we can get to 2025. We know we're going to make it to the teens. And there can be some mid-course corrections that, in fact, if Medicare is saving money, we can reinvest it to build a better Medicare, include prescription drugs, and more importantly, take care of low-income seniors.

REP. ARCHER: The gentleman's time --

REP. THOMAS: But I just really don't understand why the president offered $70 billion of cutting Medicare over 10 years.

SEC. SUMMERS: May I turn that to Ms. Matthews?

REP. ARCHER: Okay. Ms. Matthews, as quickly as possible, please. The gentleman has exceeded his time limit.

MS. MATTHEWS: I'll be brief. Our proposals get back to something that the chairman raised in his first presentation about waste, fraud and abuse and ensuring that we have appropriate payments for things. I think we believe that the proposals this year are not extenders, as we did last year, to taking a policy and extending it, but instead looking at areas such as competition and other places where we believe there are inappropriate or double payments or those sorts of things.

REP. THOMAS: So last year you were cutting back on potential benefits. This year you've kind of tweaked it a little bit, and the $70 billion in reductions are not, in fact, squeezing down Medicare under extenders? You're saying there are no BBA extender positions in the president's budget?

MS. MATTHEWS: Distinguishing in the policy last year, what we did was --

REP. THOMAS: No, the question was, are there no Medicare extenders in the president's budget which would cut Medicare?

MS. MATTHEWS: In the president's budget, there are some of the things that were included in the last year's package.

REP. THOMAS: And that's why this year's is less than last year's, because you're simply cutting less from the 100-plus down to 70.

REP. ARCHER: The chairman is constrained to transfer further discussion of this into the hearings of the Health Subcommittee, which will, I'm sure, be voluminous this year.

REP. THOMAS: Mr. Chairman, I'd love to have the secretary there, but they never send him.

REP. ARCHER: Maybe you can get Ms. Matthews to come. Mr. Matsui.

REP. ROBERT MATSUI (D-CA): Thank you very much, Mr. Chairman. I want to just make three observations, then ask one question, Secretary Summers. I want to, first of all, thank you and Ms. Matthews for being here today as well. First of all, I appreciate very much the fact that you mentioned the three big trade bills -- the CBI, the African trade bill, and China's entry into the WTO. I think the fact that you, in a budget hearing, mentioned this shows the commitment of the administration to pass all three of these this year, obviously with the cooperation of the House and Senate.

Secondly, I'd like to just discuss very briefly the comment that the chairman made with respect to the president's resolve in terms of Social Security. He said the president can't deal with this issue this year, something to that effect. The president is certainly willing -- wants to complete Social Security and have a reform package to his desk this year. The problem is it's in our hands, the Congress's hands, at this time.

The president came up with a proposal in the form of the Bradley- Rangel bill last year. The administration, in its budget package, has come up with a proposal. It gives a 50-year life to Social Security. Now the issue is, how does the Congress deal with it? We can continue to keep pressing the president, but he's got a proposal, and now it's really up to us.

Lastly -- and I don't need a response on this right now in terms of my comments -- Mr. Rossotti is doing a very good job in terms of management of the IRS. But there is a concern, according to press reports, about enforcement, about collections. And I really hope that you in the Treasury Department will begin to really get into this issue.

I know Mr. Rossotti is trying to address it, but nevertheless, I'm afraid that if we allow this process to continue on for the indefinite future, we could find ourselves, as we were in the early '80s, where collections were down and morale was down, and obviously we had a huge underground economy that it took us years before basically tax reform somewhat brought it back. But I know the direction. We don't want abuse. On the other hand, we want to make sure that the principal focus of the IRS is collecting taxes that are legitimate.

The last thing, I want to ask you a little bit about FISC (sp). I think the chairman raised that issue. We did have (DISC?), as you know. That was declared ineffective or inappropriate by the GATT, I think in the early '80s, and then we came up with the FISC (sp). We've appealed the loss that we had, and I understand the decision should be somewhat in the next few months.

Under the WTO's ruling, we have to come up with a final rule before -- or a final approach to this issue by October 1st of this year. This is obviously a major incentive for U.S. corporations to export. If we lose this opportunity, by the third quarter of this year it could have a significant impact on our competitiveness. It's being appealed now.

Is there any effort by the administration, one, to try to come up with a compromise perhaps on it with the Europeans, which have actually filed the initial action? is there any effort to perhaps take a look at some alternatives? I don't want to concede a loss yet, but at least we need to have something in place if, in fact, we're not successful.

SEC. SUMMERS: Let me say on FISC (sp) that this is a very important issue, and I've asked Deputy Secretary Eizenstat to take the lead in the department and for the administration on this issue. The case was appealed on January 19th and January 20th, and our people felt that they received a fair hearing, and then a number of aspects were explored. We don't yet know the decision.

Clearly what would be best, from our point of view, would be a decision that upheld the U.S. position. And we're working very hard in an advocacy context for such a decision. In the event that such a decision is not forthcoming, I think it will be important to work as a matter of urgency to craft a solution that preserves the incentive and does so in a way that is WTO-legal. And we will be pleased to work with members of this committee and the Senate Finance Committee to achieve that objective in as expeditious and effective a way as possible.

I might just mention, if I could, Congressman Matsui, with respect to your very thoughtful question on compliance, that this is something that Commissioner Rossotti and I have talked a great deal about. And I think it is our feeling that perhaps the greatest threat in that area to the integrity of the system is around the corporate tax shelter issue, and the essence of that issue is frankly a tendency to play what some refer to as the audit lottery, carrying out these transactions and just sort of hoping that nobody notices. And the commissioner has taken a number of administrative steps to increase enforcement in this area. But it is our feeling that containing the abuse problem -- and again, this is a separate issue from what everyone thinks about various kinds of subsidies -- containing the abuse problem will require certain legislative remedies, and it would be our hope again, regardless of what happens on the larger tax picture, that just in terms of maintaining the integrity of our system. That would be something we could all discuss this year.

REP. MATSUI: And let me say this -- and I know my time has expired, and you don't need to respond to it, unless you really feel it is appropriate -- but I think it is important to deal with obviously tax shelters. It is about 23 to 30 billion dollars over five years.

But the larger issue I think in my comment to you was the potential for people to say we don't have to comply any longer. It's a voluntary system. We don't have to comply any longer because the service isn't going to check up on us and enforce the laws anyway. And I think if you recall back in the early '80s we were talking about a potential loss, and no one really knew exactly how much, of an underground economy in excess of $200 billion -- went $100 billion to $200 billion a year. And so we're -- I'm talking about a much larger issue that I think deals with the whole process of the service and what it stands for.

SEC. SUMMERS: You are raising a very crucial issue -- and I see Congressman Portman sitting here, who has been enormously thoughtful as a member of the commission on these issues.

You know, the judgment that we've come to, and it is really really heavily Commissioner Rossotti's judgment, is that just as business has moved past the idea that there is a trade-off between quality and cost, and with things like (fixed-signal ?) programs have come to recognize that pursuing the highest quality is often the way of pursing the lowest cost. We believe that thinking of this in terms of a pendulum that swings between customer service and enforcement is not the right way. And we are working very hard, and I think it would be a serious mistake for anyone to rely on the IRS's lack of enforcement capacity in the years ahead. In a set of ways involving information technology, I think we are going to be providing better service to the vast majority of honest taxpayers; and, if I might put it this way, more appropriate service to the small minority taxpayers. But this is an absolutely critical priority for us. And if you look to Commissioner Rossotti's I really thought exemplary report on his first two years and his strategy for the IRS going forward, I think you will find that it is responsive to the kinds of concerns you are addressing, which are enormously important.

REP. ARCHER: Well stated, Mr. Secretary. The gentleman's time has expired.

Mr. Shaw.

REP. SHAW: Mr. Secretary, a few minutes ago you described yourself as an optimist. I have been an optimist, particularly on Social Security. The other day I saw a report that says optimists live longer, which also made me more optimistic. But I will say I am losing my optimism when it comes to the question as to whether this president or this Congress is going to be able to work together to solve the problem of Social Security.

I also have to express profound disappointment that in a 12-page statement that you have provided us here in the Ways and Means Committee, only a half a page is devoted to Social Security, which consumes a very large percentage of the budget over which you preside. And this hearing is about the national budget.

But my optimism is further diminished into pessimism when I read what is contained in that actually less than half a page in your statement, that the administration is suggesting two things with regard to Social Security reform. One is accumulating more federal debt within the trust fund, which you and I both know, and we have discussed this in the past, is going to be a call upon our kids and our grandkids to pay off. This is not a real economic asset. Chairman Greenspan has testified as that. As a doctor in economics you are well aware of that.

So this really does nothing to help out the further generations, even though we may not run out of Treasury bills until after 2050- something under the president's plan. As those Treasury bills are paid off, that is going to call upon the taxpayers. And as we are getting closer to a situation where we are going to have two workers supporting each retiree, when Social Security originally had 40-some workers supporting each retiree -- what an awful thing to leave to our kids, to let them know -- and our grandkids -- that for them to take care of their parents' pension, that there is only going to be two of them paying into the system to take care of them. This is a terrible legacy.

And I am also very, very disappointed by the fact that the president has proposed in his budget that we use the Social Security trust fund to buy into the corporate sector of this country. That is classic privatization of the Social Security trust fund. The American people don't want it. Poll after poll say they don't want it. I don't think there is anyone on either side of the aisle -- I don't think there is any Democrat that is supporting privatization of Social Security. If they are, stand up and say it, because I don't think the president has any takers with this. So you have not only given us something that is dead on arrival, this thing died months ago. This I think died years ago when the president first brought it up, and he pulled back from it, and now it's gone nowhere.

I'd also like to say to my good friend Charlie Rangel that he's talking about reaching across the aisle on January 5th in a letter. I asked him to comment on the Archer-Shaw plan. We have been reaching out. We reached out to the leadership on the Democrat side in the Congress, Mr. Gephardt and the other Democrat leadership. And we have been met with nothing but a wall of silence. In order to solve the problem of Social Security in this country, it has got to be done in a bipartisan fashion. And you can't do it in a bipartisan fashion unless we are willing to reach out across the aisle and work with each other. There is no question in my mind but that we are being stonewalled as a political motivation -- I'm not talking about people necessarily on this committee -- but I am very concerned that we are getting absolutely no leadership from the White House on this, and we are getting no leadership from the leadership on the Democrat Party with regard to saving Social Security. It's time that we move together.

The president has put out as part of his budget and part of his plan -- he has had it sitting out there for several years now -- the question of USA accounts. Those are private accounts that are set up for American workers. Why can't we bring that into the Social Security system so that we leave the Social Security system totally alone, as Mr. Archer and I do under our plan. We don't touch it, it stays exactly as it is. But we take funds and set up individual retirement accounts -- don't take it out of Social Security -- this is totally separate, apart, that is out there for the retirement of tomorrow's seniors that will be used to save the system so that they won't get absolutely lambasted by a system that our generation refused to fix. Would you care to comment on that?



SEC. SUMMERS: You've raised a number of very important issues in your comments, Congressman Shaw. Let me just first say that I did have an opportunity, as you know, to testify before the committee in early November, and on Social Security, and at that time I had a rather lengthy and detailed statement defending the administration's perspective and presenting the administration's perspective. And I also provided I think rather extensive comments on the individual accounts approach. So we certainly have done our part, I believe, in reaching out and seeking to consult to find a common solution.

With respect to --

REP. SHAW: Secretary Summers, I have to interrupt you here. I delivered to you a letter personally to be delivered to the president, just asking him to meet with Mr. Archer and with me, or with Mr. Archer or someone on this side in order to try to map out this private ground. This was done months ago. And this letter was sent to you, and you assured me you were going to deliver it to the president's desk, and I am sure you did. I have heard nothing. Mr. Archer and I have sent letters to the president. We have heard nothing. The president told us over a year ago at the White House summit on Social Security that he is going to be sending us a plan that will save Social Security for all time. We are still waiting. What is wrong?

SEC. SUMMERS: Let me say -- let me say, Congressman Shaw, from my perspective looking at this from an economist, what we have is a defined benefit pension plan that works well for beneficiaries, that is at this point underfunded. That's the actuarial deficit. It seems to me that the responsible course for the trustees of a defend benefit pension plan that is underfunded in the private sector context would be to look and see if it was an extremely profitable year, and larger contributions could be made --

REP. SHAW: -- Mr. Archer and I have introduced a plan that also continues it as a defined benefit pension plan with the possibility of increases in pensions in amounts that people are relying upon in retirement.

SEC. SUMMERS: And I think we have recognized that the proposal you put forward is a valuable contribution to the debate. We have expressed concerns about the magnitude of future budgetary commitments that is implicit in a proposal of the kind that you and Mr. Archer have put forward. There are concerns about what it could mean over the longer term for the ultimate coalition and progressivity that Social Security depends on. There are certain concerns about administrative costs and the fraction that would be used up in administrative costs within a proposal of that kind. But we are very much prepared to discuss, if there is formal legislation embodying it. We in the administration at the Treasury Department would certainly be prepared to provide commentary with respect to that formal legislation, and our concerns regarding it.

But I would urge you, Congressman Shaw, to take seriously the plan that the president has put forward as something that we can feasibly accomplish this year. It is I think not accurate to suggest that it is simply placing IOUs in the trust fund, because every penny that is contributed to the Social Security trust fund in the president's plan represents a direct allocation of interest saving that has resulted from debt pay-down. And therefore we are taking resources and we are transferring them from one use, a sterile payment of interests, to another use, the meeting of an existing obligation for Social Security. I think that's fiscally responsible. I think it's responsible, as a trustee of a large pension plan, to look at the way its assets are managed and not to be willing to be very reluctant to see those assets managed in a way that earns a lower return than almost any other defined benefit pension plan in the country. That's why we have introduced the discussion of equities.

If others are prepared to rule that opportunity out, I think that's an unfortunate reduction in the scope for us to compromise and find a common solution. We would very much like to see this get done, but it does I think depend upon a willingness to take each other's proposals seriously. And I think the administration has put forth a very constructive foundation for anything that is going to happen in the Social Security area by extending the life span of the Social Security trust fund out past the life span of the baby boom generation, and doing so in a fully paid-for way, based on debt reduction. I think it should also be supplemented by investment policy changes, but that is an issue that can be separated in either direction from the issue of debt pay-down.

REP. SHAW: Well, just in closing -- I know my time is long past -- but just to say that the American people do not want us to privatize the Social Security trust fund, and the Republicans are not going to privatize the Social Security trust fund. But we are really anxious to talk to the president or to talk to you to try to hammer out a program. You know our telephone numbers. The president has our telephone numbers. And we are waiting for the phone to right.

SEC. SUMMERS: Can I just say that -- you used the term, Congressman Shaw, a couple of times "privatize the Social Security trust fund." I would certainly agree that it would be a very poor idea to privatize Social Security.

REP. SHAW: Well, that's what you do by buying equities, buying corporate equities out of the trust fund. That's what your statement said. I didn't make that up.

SEC. SUMMERS: It's not --

REP. SHAW: You can read it back into the record if you want to, but that's what it says. It would be privatization.

SEC. SUMMERS: Let me say that I don't think of the federal employee retirement fund as being privatized. I don't think of the Pension Benefit Guarantee Corporation as being privatized. I don't think of the California public employees retirement system as being privatized, even though each of those entities do as is best practices for defined benefit plan, invest in equities.

REP. ARCHER: The gentleman's time has expired. But since my name has been mentioned a couple of times, I am compelled to just very briefly make a couple of comments. The American people do not view the Social Security trust fund in the same way as they do the other pension plans that you mention, Mr. Secretary. It is a very sacred fund to the American people. And the American people do not trust the federal government to invest that sacred money in private corporations -- for two reasons -- risk, number one; and, number two, that the federal government should not control potentially any private corporations in this country, so that they are in a position to set policy. Those are the concerns Alan Greenspan has, they are the concerns of 80 percent of the American people.

Now, very quickly, the president's so-called plan in your budget is not really a plan, Mr. Secretary. It is simply a place-holder. It simply makes a promise that in the years ahead when there is a shortfall in the fund that the Treasury out of general revenues will write a check to the trust fund. That has never before happened in the history of the trust fund. That sacred trust fund has been set apart from the general Treasury. I am surprised that AARP has not just gone up the wall about this, because they year after year after year have opposed infusion of general Treasury funds into the Social Security trust fund. The one -- there is no immediate reform in the president's so-called plan, no restructuring, no reform, other than the small part of the fund that would be invested in the private sector to gain added earnings. You might call that a reform, but that's a reform that's dead on arrival with the American people. So there really is no reform. It's a place-holder.

Now, let me just finally say, because I have dealt with this over so many years, as you know, Congress has never been able to handle a significant reform of Social Security. It has happened either from presidential leadership, as it did with President Carter in the late '70s, or it has happened through the creation of a bipartisan commission. No other major reform of Social Security has ever occurred simply from within the Congress.

I have tried as hard as I know how. I tried to get Mr. Rangel to come over and say, What can we do to join together on a plan? I've talked to Minority Leader Gephardt. Nothing is happening, because Congress cannot develop this within its structure. It just has not ever been able to do so. But the White House opposed the commission that we created in this committee and that had strong bipartisan support, and was voted for by the House of Representatives, because the president said, I have my own method -- we are going to have a national dialogue culminating in a White House conference, and we will then launch this effort together. And I had high hopes after that conference as I walked across the street from the Blair House to the White House with the president. And I don't believe that I am at liberty now to repeat the private commitments that he made to me. But they are very different than what has come out publicly.

And I am not trying to create controversy now between me and the Congress and the White House, but I will simply say that this will not happen without aggressive, direct presidential leadership inasmuch as the White House did not want us to do the bipartisan commission.

And where we are now will not find the solution to Social Security this year, and I am terribly, terribly saddened about that. And I apologize to the committee for resuming on the time of the committee.

Ms. Johnson.

REP. NANCY JOHNSON (R-CT): Thank you, Mr. Chairman. Mr. Summers, I have a rather specific question. But I certainly do want to put on the record a couple of other things. First of all, at the beginning of this hearing it looked like this committee has been acting in a very partisan fashion. I want the record to note that the subcommittees are for the most part run in a totally bipartisan fashion.

And it's because of the chairman's -- the response that he's gotten. When the chairman of the Ways and Means Committee calls the president and doesn't even get a call back after a series of conversations, it really is a problem. So bipartisanship means both sides have to work together. And I'm proud to say that a lot of -- most of the legislation that actually comes out of this committee comes out as a result of bipartisan action.

There is a lot of ground for bipartisan tax action in this Congress. If you look at the package we've proposed to go with the minimum wage bill, much of those details are already in your budget. And unless you're just going to on principle oppose a tax package being coupled with a minimum wage bill, there is plenty of ground for agreement. The low-income housing tax credit, the pensions reform, the expensing for small business -- lots of things.

And if philosophically we believe that those provisions should help offset the cost to small businesses of increasing the minimum wage, so people don't have to get fired and jobs can be protected, I really don't think that that's such a bad rationale. And I hope it won't be a rationale that will mean that you will a priori decide not to support tax changes as part of the minimum wage bill.

If you look at the Health Access Bill, I've heard the president many times support our proposal to let people deduct the cost of their health insurance premiums. Everybody else gets to deduct the cost of their health insurance premiums, except individuals who pay their own health insurance.

So in fairness, just plain fairness, there are things we need to do this session. So I'll end up with a fairness issue on the marriage penalty bill, but I do want to mention that I am very disappointed that your Medicare proposal doesn't propose any new money back into Medicare.

We all know that particularly in the area of hospitals, we only deferred certain problems for one year. I have never seen a hospital system -- from our sophisticated medical centers on which the quality of American health care depends and the world depends, right down to little rural facilities -- under such crushing distress. And I urge you to give specific directives to HCFA that they can make proposals to increase spending in that area. They are not in the budget. But you're going to support them.

I don't want to go through what we went through last time, with your people sitting over there, knowing how serious the problems were, saying we must address the problems, but not being able to make specific proposals because you had cut Medicare in your budget. You cut it again when you brought the tax package up to try to avoid the one percent across the board. And so their hands are tied. Untie their hands. We have got to do something again this year for hospitals. So on Medicare, this is not enough.

On retirement security, I hear you about that. And I'm pleased there's some pension proposals in here. But your big money is for matching. At least those people already have a pension plan. Fifty percent of working people in America work for employers who provide no pension plan. And you have some proposals that will help that. But let's get our money out there so that everyone can have an income stream that will complement Social Security.

And that's why I don't understand why you would take $8 billion more out of the insurance industry that will increase the costs of the kinds of retirement products that are the only option people have to really creating retirement economic security -- that is, Social Security and a complementary privately saved income stream. So on retirement security, I think there is common ground. But I think there are some backhanded hits in your budget. And the irony is that those provisions have already been rejected by this committee and the House -- on many occasions by Democrats as well as Republicans.

So lastly, let me get to the marriage penalty bill that we're going to vote on tomorrow. I'm very pleased that in your bill, you do provide for stay-at-home moms. Now, those can be described as people already benefitting from the marriage bonus, that's true. But they are also the little families in America making the greatest sacrifice to live on a single income. And you provide a total of $1,000 new deductibility.

Can you tell me whether or not that -- how does that compare to the new deductibility we provide for stay-at-home moms? Because if we care about families and children, we have got to do something about the bias in the system against those (kids ?) who are making the really tough choice of staying home and taking care of their children. In addition to the provision specifically for deductibility then I want to ask a question about refundability.

SEC. SUMMERS: Let me respond if I could to five points in what you raised. First, with respect to stay-at-home moms, our proposal does as you say directly benefit them. We believe it does so in a more targeted, progressive and less costly way than the alternative that the committee --

REP. JOHNSON: But why is it less costly? Because it provides $1,00 and we provide --

SEC. SUMMERS: Because it's more targeted to be progressive.

REP. JOHNSON: No, no. It's not more targeted to be progressive. I'm talking specifically about the stay-at-home provision, which would be the same for every stay-at-home -- is my understanding of your proposals from your write-up in these summary pages. In other words, you're not going to provide a stay-at-home deduction for a mom whose husband makes more than a certain income?

SEC. SUMMERS: We have a -- excuse me, Congressman Johnson, I thought you were speaking about the marriage penalty. And I think now I understand that you're speaking about the child and dependent care.

REP. JOHNSON: Yes. They have the effect that we get through a very simple mechanism in our marriage penalty of helping stay-at- home moms or stay-at-home dads, or whatever the case may be. You do it through other programs, but the impact is the same. Do you limit that to very low-income families?

SEC. SUMMERS: We have certain limits that -- I don't remember what the limit is. You receive the full benefit up to an income of $59,000 in our proposal. And after that, it phases down. My impression is that the limits are somewhat higher in your proposal.

REP. JOHNSON: Do you take no consideration for the number of children? Because $59,000 if you have three or four children is really still pretty tough sledding. Anyway, the --

SEC. SUMMERS: This is something that we're happy to work with the Congress on. And I think that is a crucial point and in our EITC proposals, the question of multiple-child families is something we very explicitly pick up on, because there is a real problem with the way our tax system treats families -- and our AMT proposal treats families with multiple children.

REP. JOHNSON: Now in the EITC area, have you been able to lower the fraud rate below 20 percent, which are our most recent figures? Do you have any more recent figures on error and fraud in the EITC?

SEC. SUMMERS: We don't have more recent figures, but we've taken a number of steps, including the allocation of specific enforcement budget for the EITC, including simplification measures to conform the Earned Income definitions which we expect will significantly reduce the rate of error, and including an outreach effort to tax preparers in this area and including a requirement the EITC beneficiaries give their Social Security numbers.

REP. JOHNSON: I will just say that having chaired the committee that oversaw that for a number of years, we have worked hard to eliminate the amount of fraud there is. If there were an appropriated program that had a 20 percent fraud rate around here, it wouldn't be there long. And for us to expand a tax program that has a 20 percent fraud rate when there are very direct and simple ways to help people -- stay-at-home moms and make families stronger -- seems to me questionable.

But I am very pleased that you do recognize the need to provide better support to stay-at-home moms and I hope your colleagues on this committee will work with us on that provision in our marriage penalty bill. Thank you, Mr. Chairman.

REP. ARCHER: Mr. Houghton.

REP. AMO HOUGHTON (R-NY): Thank you, Mr. Chairman. Mr. Secretary, good to see you.

SEC. SUMMERS: Good to see you.

REP. HOUGHTON: I have two questions. One has to do with complexity, the other has to do with the Customs issue, in terms of ACE. In complexity, we've -- and I happen to be on the Oversight Committee -- we've had Val Overson (ph), who is the sort of a taxpayer advocate from the IRS come up here.

And he says the number-one issue really with taxpayers is tax complexity. And I totally agree with him. You know, you take a look at the Treasury reductions to the budget, and I have a report here from 1995. And it was that thick, and -- (laughs) -- and the one for this year is that thick. Proposals have just geometrically increased.

This is not just the fault of the administration. As a matter of fact, it's the fault of Congress also. We complexify this whole thing. But it's bothersome.

Now you've attended to this in a certain way in terms of your report. In terms of tax simplification, you say you propose to redress a particular problem with the AMT, by allowing taxpayers to deduct all their exemptions for dependents against the AMT. Well, you know, that's a good idea, but it really doesn't get at the complexity.

Because I'm making out my tax form, and I have to still go through all the arithmetic before I come to the point where maybe I will have an exemption here. It's a very important issue. I think frankly, from a personal standpoint, it's even more important than tax reduction -- the tax complexity issue. Yet I don't see really either of us getting at this and I would appreciate any comments you have.

Now the second issue is in terms of the Customs. We've had the head of the Customs Service up here quite a few times. And he's talked about this Automated Commercial System -- ACE -- and you know about this. And it's really important.

The problem is one of money and where does it come from and where does it go? It's going to cost another $200 million, and you say that is a good idea, but at the same time, it should be paid for by user fees. And the business community sort of feels that they've given at the office.

In other words, they have -- they pay in user fees almost a billion dollars. And -- (laughs) -- the -- (off mike) -- Customs Service about $900 million. And so sort of to lay on another $200 million -- it doesn't really seem to me to make an awful lot of sense.

So those are two issues -- the tax complexity, which is really a huge mega-issue. And the other thing specifically in terms of helping our Customs system -- Service.

SEC. SUMMERS: Let me say, Congressman -- and I agree with what you said about the seriousness of the tax complexity issue and it's something we're very focused on. I think we've done some things that are constructive, the AMT is constructive, raising the standard deduction and reducing a number of itemizers is constructive. Expensing for small business is constructive.

I think there's a lot more that can be done. I would say that I think is a largest problem for a small minority of relatively fortunate taxpayers. Some 30 million Americans are able to file their taxes by pushing buttons on a telephone in less than seven minutes. The increased emphasis on the use of software to do this is making many of the things that used to be very computationally burdensome much less burdensome. So you're getting a kind of simplification in that way.

But I think this is a crucial issue, and it's one that we need to be in a position to work together on. I would be sorry, though, if that were to be seen as a reason not to extend existing mechanisms. And we've tried to work in our budget by -- achieving some of the social objectives by working with existing mechanisms. Expanding the ITC, expanding the Child and Dependent Care credit. And it seems to me those things provide important benefits to families without creating increased complexity, but I think it's a fair concern.

With respect to --

REP. HOUGHTON: Can I just -- can I just interrupt a minute? I mean, I really think that we're probably equally to blame with the administration. But in something like this, you need leadership. And it really ought to come from the White House.

So last year, you know, there were 28 different tax credits, and this year there were 18 or 20. I mean, it just seems to roll on and roll on and roll on. So the only thing I ask you is if you could really think in terms of what did the White House do to lead all of us? Because that's where the direction must come from.

SEC. SUMMERS: We will carefully consider it. I would also say that I think if you probe what people don't like about complexity, some of it is the hassle of filling out their own returns. And some of it is the sense that out of all that complexity, somebody else is getting an unfair break. And the reason I put such emphasis in my remarks today on the corporate shelters is that that, I think, is an important thing that is stimulating anger or even outrage with respect to the code, and that if we don't address it, will do even more in the future.

REP. HOUGHTON: Yeah.

SEC. SUMMERS: With respect to ACE, I think we all have a common position that this is very important to get done if we're going to have the efficient flow of goods across our borders. I should say that we in the department have learned a lot from the painful TSM experience at the IRS, the computer program at the IRS. And I think we have this under control so that those kinds of mistakes will not be repeated.

Budget realities being what they are, this program is not, it seems to me, likely to be fully funded without a contribution of the business community. We have reconfigured the proposal that is in this year's budget relative to the proposal that was in last year's budget so as to make very tangible that the contribution the business community is making is going right to the things that will benefit them.

But as important as this issue is, I don't think I could responsibly propose measures that would reduce the number of people who are monitoring narcotics on incoming flights or agents who were doing that kind of work protecting our borders against drug incursions in order to invest more heavily in this computer system.

So my hope would be that we could work with the affected people in the private sector to find a solution. And we were very mindful, in the design of this year's proposal, frankly, that, as you put it, the private sector had given at the office and you had to find a proposal in which what they were being asked to do was commensurate with some benefit that they were going to receive. That's what we tried to do. And we're obviously happy to work with members of this committee and the affected trade associations --

REP. HOUGHTON: Yeah, I think that's important.

SEC. SUMMERS: -- to try to find a solution to this problem.

REP. HOUGHTON: I think it's really important, because the Customs Service clearly is important. This is very, very important for the Customs Service. And you want to have people working with it rather than bucking it all the time. And I think the private sector has really made an enormous contribution already for that. Thanks very much, Mr. Chairman.

REP. ARCHER: Mr. Coyne.

REP. WILLIAM COYNE (D-PA): Thank you, Mr. Chairman. Welcome, Mr. Secretary. I wonder if you could tell us, as a result of last year, the administration came around to signing legislation relative to rectifying the 1997 Balanced Budget Act inequities relative to hospitals. And I wonder if you or Ms. Matthews could explain, in the proposal this year, are we doing more to try and rectify the problem that was created as a result of the 1997 Balanced Budget Act relative to reimbursement for hospitals?

MS. MATTHEWS: We do not have a specific extension or additional proposal to the BBRA that we passed last year. What we did do is, in trying to do our efficiency proposals, ensure that we do things that are consistent with what we did last year in terms of some of the competition things we discussed earlier. For example, in some of our proposals there are distinctions made for rural hospitals that build upon some of the concepts that were discussed as part of what passed and was signed last year.

REP. COYNE: Well, can hospitals look with any encouragement to additional help in this proposed budget, help from what occurred in the 1997 situation?

MS. MATTHEWS: We do not currently have a proposal, as I said, that extends in the same way that the BBRA did last year. There are proposals such as (GME?) hospitals, those kinds of things, where we've doubled the funding on the discretionary side from $40 million to $80 million. There are things specifically like that. But I think you're referring in a particular area, and we don't have those.

REP. COYNE: Okay. On another subject, I wonder if the secretary or yourself could tell us a little bit about who is going to benefit from the proposal in the proposed budget about the earned income tax credit and extending the benefits. What rate of income level in the country is going to benefit from expansion of the EITC?

SEC. SUMMERS: I think most of the benefits will go to those with incomes between, say, $10,000 and $30,000. And the groups will principally be those with more than two children, married couples who will avoid the marriage penalty, and those who are making special efforts to save who will benefit from the conformity of the earnings definition.

Let me say that the EITC has probably been more successful than any other social program we've had in moving people from poverty to work, and also say that at this point, when, more than at any time in the last 35 years, our economy's issue is jobs looking for people as well as people looking for jobs, doing everything we can to stimulate work incentives and improve the supply of labor is crucial if we're going to be able to keep growing at these rates without running into bottlenecks.

REP. COYNE: Well, we have a responsibility in Congress to do everything we can to ensure the solvency of the Social Security program and the Medicare program. But in a time like this when the economy is so strong, it seems that it's time to invest in public infrastructure, to have a growth in the future of workmanship, for workers to become more productive in the economy. And along those lines, what is this budget going to do to invest in trying to make workers more productive and also to help the public infrastructure of the country?

SEC. SUMMERS: Let me comment on some components of that and then I'll turn to Ms. Matthews, if I could. I think probably the most important -- among the most important infrastructure investments we can make as a country are in satisfactory schools. You know, it's wrong that with all the prosperity that we have, children in America are beginning the school day at 4:00 because their schools work in three shifts. Other children in America are going to school in closets. Other children in America have the lunch period begin at 9:45 in the morning because the school facility is so constricted. The restroom facilities in some of our schools are an embarrassment.

And if we want kids to take learning seriously, it seems to me we ought to take seriously the kind of facilities that we provide them. And that's why one of our priorities in the tax area is the school construction proposal. That's why we're also proposing measures for repair and modernization of schools in the discretionary budget.

More generally, it stands to reason -- and statistics confirm what common sense suggests -- that when there are fewer kids per teacher, the kids learn more. When there's more emphasis on quality, more learning takes place. So we are focused very much on improvement in education. This year's budget includes the most robust improvements in the education budget that we've had in a number of years, and I think that's an important step. Ms. Matthews could probably add something on the worker training side.

MS. MATTHEWS: On the worker training side, we are continuing our youth formula grants. That includes the summer jobs programs. And there are a number of programs specifically, such as the Head Start increase of a billion dollars, (sort of?) starting at the very beginning of the educational process. Additionally, our after-school monies, which we have put in before, are there, and a smaller-schools initiative with regard to infrastructure type issues. It relates to our building of schools and our modernizing of schools.

And another part of that is the digital divide. As part of our school modernization plan on the tax side, it's building on the discretionary side. We want to modernize and create an ability for those schools to wire and get the computers in. Some of them don't have the ability to do that. Those are some infrastructure as well as some of the other programmatic things we do in the area of education.

REP. COYNE: Thank you.

REP. ARCHER: Mr. Herger.

REP. WALLY HERGER (R-CA): Thank you, Mr. Chairman. Mr. Secretary, it's good to have you with us. And I'd like to ask you concerning a provision that I understand was recommended by the Treasury, was put in the president's budget at the end of the budget cycle this last year for this year, which the Congress did pass. I think it was done inadvertently. It had to do with the installment sales method for the accrual method of selling small businesses.

And the example of the way it used to be, small businesses, maybe worth $100,000, who would be retiring, who would be selling these small businesses, if they sold it over 10 years, there would be $10,000 per year that maybe they'd receive in payments. And the capital gains then would be on that $10,000, say, per year. And what this has done is that now these small businesses have to pay all of the taxes up front, which, say, on $100,000, 20 percent capital gain would be $20,000. And, of course, what is happening is that these businesses aren't able to sell for as much.

The buyers of these small businesses, who many times are unable to obtain credit from the banks, so their only way of getting into small businesses are through this method, are unable to buy. Again, I feel that we are hearing, as members of Congress, from literally hundreds of small business people throughout our district, and it's not just my district, as I'm sure every congressional district in the nation is hearing this.

My question is, were the results of this, the end results of this, anticipated by Treasury, by the administration, at the time that it was proposed? And if it wasn't -- I understand that Chairman Archer did send a letter to the president requesting that the correction be done in the president's budget. And my question would be, was it anticipated? And if it was, why was this not included in the president's budget?

SEC. SUMMERS: Thank you for raising that issue, Mr. Herger, which touches on what's a very real concern for us as well. My colleagues in the tax policy area at the Treasury and in the IRS have had a series of meetings with the NFIB and other representatives of the affected parties, and I think it's clear that these provisions have impacted in a way that was much more broad than was originally intended.

And we expect in the very near future to provide regulatory guidance that I think will, at least in a large part, and perhaps completely, clear up what have been very legitimate concerns. And I think we're working in tandem with the groups that represent many of the small businesses, because this is a serious problem. And I would be happy to ask my colleagues to provide you or your staff with a more detailed briefing on what's involved.

REP. HERGER: Very good. I appreciate it. And that will help us very much, because these businesses who are selling right now, of course, are being very dramatically affected. I'm authoring legislation, along with my -- it's bipartisan; Mr. Tanner from this committee, Mr. Matsui; we have some 21 members just of Ways & Means who are in legislation to legislatively correct this. Of course, this will take some time.

But if you could work on this in the meantime to help these businesses that are being affected right now, that would be very helpful. And I would gather by what you're saying that -- or let me just ask, we'd really appreciate your support as well, not only in correcting it now but changing the legislation, repealing what I believe was inadvertent, certainly by the Congress, and I believe, by what you're saying, by the administration.

SEC. SUMMERS: Let me suggest that those who are more knowledgeable than I about the technical details take this up. You have my commitment to address, in a regulatory way, the abuse that -- the overly broadness of the past legislation. And whether we're in precise agreement on any specific proposal or not is not something I can say until I've had a chance to review it. But I think we will be able to act, and act very quickly, frankly, on a shorter time frame that would be possible legislatively to address this concern in large part, and I very much appreciate your having raised it.

REP. HERGER: Mr. Summers, thank you very much.

REP. ARCHER: Mr. Secretary, obviously it's going to take some significant additional time to let all members have an opportunity to inquire. My guess is that you may need a wee bit of relief at this point. So the chair is going to recess the committee, and hopefully everybody can grab a bite of lunch and return at a quarter to 1:00.

REP. : Mr. Chairman, could I read something into the record very quickly? Because there was a question as to the definition of privatize or privatization a moment ago.

REP. ARCHER: Without objection, so ordered.

REP. : In the American Heritage dictionary, privatizing is described as "to change an industry or a business, for example, from government or public ownership or control to private enterprise." And the American Academy of Actuaries describes privatization as "the broad concept of investing funds in the private sector, which in turn implies accumulating substantial advance funding, is known as privatization."

Thank you, Mr. Chairman.

REP. ARCHER: The chair -- Mr. Secretary, if you can accommodate another five minutes, Mr. Levin is going to have to go to another meeting and would like to get his five minutes' questioning. I'll leave it up to you. If you can handle another five minutes --

SEC. SUMMERS: I would be delighted.

REP. ARCHER: -- the chair will recognize Mr. Levin.

SEC. SUMMERS: I can remain with Mr. Levin as long as Mr. Levin wishes.

REP. SANDER LEVIN (D-MI): No, I'll take my five minutes. And I think the chairman will grant another five minutes on the other side. Thank you, Mr. Chairman.

Mr. Secretary, Mr. Crane raised the trade issue, and I'm glad he did. And in response, reflecting your own views and that of the president, as he articulated at Davos so well, you talked about the need for expanded trade and also for an expanded perspective of trade in this new era. And in terms of a new perspective to incorporate considerations of the environment and labor, you referred to child labor. But I trust, when you refer to labor, we're talking about and you're talking about, as the president did, the issues of core labor standards, not universal minimum wages but core labor standards, as articulated by the ILO.

Let me also say a word about the reference to waiting for a call from the president on Social Security. And I just hope the Republican majority would look back at how they handled the marriage penalty. As I understand it, when there was the meeting of the leadership with the president, there wasn't even a reference to this first step in their tax program. And I think that if we're going to get off on the right foot in terms of bipartisanship, there needs to be a willingness on the part of the majority to raise issues like the marriage penalty and try to work them out before they're simply sprung on the minority.

And one other quick question or comment, and this relates to Mr. Shaw's reference to privatization. However one thinks about investment of equities by the government, a small portion, I don't think it's fair to refer to that as privatization. And you mentioned that.

Let me now close by just talking about the share of income that people today pay in federal income tax. And you discussed this earlier, but I think the record should be clear. I have from the Treasury Department a chart that talks about the federal income and FICA tax rates, and it uses the median income for a four-person family. And as I read the chart, it shows that that average combined tax rate that we're now talking about for the median income is less today than it was in 1979. Is that correct? Do I read that chart correctly?

REP. LEVIN: It's projected rate for 1999 is 15.11 compared to 16.97 20 years ago. And that's reflected in the CBO chart that compares the effective tax rate -- this is the federal tax rate -- projected '99 compared to 1981. And I just want to read the figure for the lowest quintile 4.6 compared to 8 percent in '81; the second quintile, 13.7 compared to 15 percent; the middle quintile, 18.9 versus 19.5; the fourth quintile, 22.2 compared to 22.9. The only increase is for the highest quintile. And I just want to -- the retort is, Well, that takes money out of private investment. So if you would comment quickly on what really has happened in terms of the federal tax rate and the fact that the highest income category is paying a higher tax rate, but whether that has had a negative impact in terms of growth in this country.

SEC. SUMMERS: Let me make these comments, if I could, Congressman Levin. First, from the mid 1990s on we have had what some would call the greatest -- and it is certainly one of two or three greatest economic expansions in the history of our country -- driven by productivity growth, driven by capital formation and investment. We have had record levels of investment as a share of GNP, record levels of investment in absolute terms, and record levels of growth in investment during this period. And so it seems to me difficult to argue that we have seen new or serious impediments to the capital formation process from anything we have done with tax policy. And indeed I would argue that the budget surpluses have been major sources of strength for investment.

The tax rates for the same family configured in the same way for something like 90 percent of American families have come down, and are lower now than they were at any time in the last 20 years. As I indicated earlier, the statistic is frequently cited that a ratio of taxes to GNP has gone up. That's a reflection of two things. It's a reflection of the fact that income relative to GDP has gone up because there is more foreign income, because there is more capital gains than there once was, so in some sense GDP is not really the right denominator for looking at taxes. And the other factor that it represents is that a larger share of income represents corporate profits, which are taxed at the corporate level, and represents income to higher-income people, but is taxed at a higher rate.

And so -- and this is the crucial point -- the changes in the taxes-to-GNP ratio do not reflect tax increase policies. They reflect instead changes in the pattern of who is receiving the income. The universally agreed technique for measuring the impact of policies is to look at taxpayers configured in a given situation and see what happens to their tax burden. And by that standard, for the vast, vast majority of Americans, taxes have declined since the late 1970s, taxes have declined since the early and mid --

REP. LEVIN: Federal taxes.

SEC. SUMMERS: Federal taxes.

REP. LEVIN: Thank you. And thank you, Mr. Chairman, for your indulgence.

REP. ARCHER: You're welcome, Mr. Levin.

I must say I can't just let that stand, because as usual, when you deal with statistics, there are any numbers of ways to perceive them, present them, analyze them, and ultimately reach conclusions. Mr. Secretary, what you did not mention is that as we sit here today America has the lowest private savings rate in all of its history -- in all history. It is negative. What you did not allude to is that a great part of the investment on which we are presently building our economy is foreign investment, the savings of foreigners who save far in excess of what we do in this country. And the great danger to the stock market, the cloud that hangs over the stock market, is that if these foreigners begin to have more confidence in their own domestic economies than in ours, there could be a outflow of this investment capital, and we would be in very big trouble. So we do need to be concerned about that. I think you probably share that concern. I'm not saying it's imminent, but it is a cloud hanging over the economy.

Now, if we are not to care about what percent of GDP the federal government is taking, that all that we care about is what median families are paying in taxes, then we can increase taxes on everything that doesn't relate to median families, and it doesn't affect anybody. As an economist you know that's not true. The embedded cost of the income tax represents roughly 20 percent in the price of the products on average in this country, according to the very, very comprehensive study done at Harvard by one of your colleagues. And so if you keep taxing everything else, and you say, Oh, but the median families' taxes haven't gone up -- you are ignoring this take out of the economy that must be paid for by the median families in the price of their products which is hidden from them. And so on the thesis that Mr. Levin and you were exchanging, we could take 50 percent of the GDP provided that the median family didn't show any increase in taxes.

REP. LEVIN: That's not --

REP. ARCHER: And that clearly would not be wise. And so the percent that we are taking out of the economy, particularly at a time when this goes in the other direction, which it will at some point, some time -- I don't know when -- it may be 10, 15, 20 years from now -- will leave us at this bigger demand at the federal level. And you and I may disagree, but I think this is something to be concerned about.

SEC. SUMMERS: Mr. Chairman, let me clarify very explicitly my position. You are of course correct that if you raised taxes on some people but not the median person, and you looked only at the median person, that would be a misleading statistic. And that is why I was careful to cite those with half the median income, those with the median income, those with twice the median income. But I think you could agree, I suspect, that if the stock market goes up and more individuals realize capital gains, and nothing else changes, it would be quite misleading to describe that situation as a tax increase on the American people. And yet the statistic that is frequently cited comparing taxes to GNP suggests a tax increase when that has taken place.

If the distribution of income changes and no tax law is changed, so that more income is received by those in the 28 percent bracket relative to those in the 15 percent bracket, then more taxes will be collected, but again, and compared to GNP, but again it would be hard to see that as having been a legislative tax increase. We'd be happy to do more comprehensive analysis. But what I can assure you that analysis will show is that the increase in the tax ratio to GNP that is of concern to you is something we do need to investigate. But we will find that it is not a consequence of tax law policy changes, but is instead a consequence of the two factors that I have been citing, an increase in income that is not reflected in GDP, such as capital gains, and a change in composition of income towards those with higher marginal taxes -- towards those who have higher tax rates. And it would surprise me if one took the view that a stock market increase constituted a tax increase. And yet that's the logic of the comparison of taxes to GNP.

With respect to savings, I can only agree with you, and I think we can take common satisfaction that whereas our countries' national savings rate had reached its historic low ever in 1992, as a consequence of the progress we have made in increasing public savings, that national savings rate has more than doubled over the last seven years. And I think we have made great progress in the public area, and I think we can all agree on the importance of working to increase private savings. And I was particularly encouraged by Congresswoman Johnson's suggestion that we stress the needs of the 70 to 75 million Americans who don't have any kind of pension plan. And I think if we can agree on that as a primary objective rather than raising the limits for those who are already most fortunate, I think if we can agree on the 70 million as Mrs. Johnson suggested, then I think we would be in a very strong position to work out an approach that I believe would be the most effective approach and provide the greatest incremental benefit in encouraging personal and private savings.

REP. ARCHER: Mr. Secretary, we will continue this comprehensive economic discussion at a seminar somewhere later. But for the time being the committee will be recessed now until 1 o'clock.

(Recess.) (END OF MORNING SESSION; PM SESSION WILL FOLLOW)

END

LOAD-DATE: February 10, 2000




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