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S8744
CONGRESSIONAL RECORD—SENATE
December 10, 2010

good parts to it, but, by and large, it is not a good deal. We can do better, and the American people must stand up and work with us. They must get on their phones and call their Senators and call their Congress men and women. They must make their voices heard and say: Enough is enough. The rich have it all right now—the top 1 percent earns 23½ percent of all income, more than the bottom 50 percent—and it is absurd that we continue to bail out people who do not need any help and who are doing just fine.

I am here to take a stand against this bill, and I am going to do everything I can to defeat this bill. I am going to tell my colleagues and the American people exactly why, in my view, this is not good legislation. Let me just tick off some of the reasons I think this bill does not serve the best interests of the disappearing middle class of this country.

I don't know what kind of telephone calls the Presiding Officer is receiving from Colorado, but I can tell you that in the last 3 days alone, according to my front desk staff both here in Washington and in Vermont, we are over 5,000 telephone calls and e-mails, and I believe well over 98 percent of those messages are against this agreement. I don't know to what degree that is indicative of what is going on all over this country, but I suspect it is not radically different in other States. I think the American people are saying, with a $13.8 trillion national debt, let's not give tax breaks to billionaires and drive up that national debt, forcing our kids to pay more in taxes, and at the same time have Republicans coming forward to start slashing Medicare and Medicaid and Social Security because of this large debt that we are making larger.

I appeal to my conservative friends. I am not a conservative, but many conservatives have spent their entire political careers saying we cannot afford to drive up the national debt, that it is unsustainable. I agree with that. So vote against this agreement because it is driving up the national debt. In a significant way it is doing that by giving tax breaks to people who absolutely don't need it.

Once again, for those people who are earning $1 million a year or more, on average—on average—they will be getting a $100,000-a-year tax break, and for people earning $100 million a year, that number will be a lot higher. Who believes that makes any sense at all?

Let me give some other reasons I think this agreement is a bad agreement. The President says: Well, yes, we are going to extend tax breaks for all, including the top 2 percent. But don't worry, it is only going to be for 2 years—not to worry, it is only going to be for 2 years.

Well, maybe that will be the case. But you know what. I doubt that very much. I have been in Congress long enough to know if you extend a tax break, it is very hard to undo that extension because if we can't tell our Republican colleagues that it is absurd to continue giving tax breaks to millionaires and billionaires—if we can't do it now—what makes you think we will do it in the midst of a Presidential election?

I say that as somebody who admires and likes the President. The President is a friend of mine. But his credibility has been severely damaged. If he is going to go forward, and if he is the Democratic nominee, I suspect he will say: Yes, I extended it for 2 years against my will; but, don't worry, I am going to repeal them after 2 years. Tell me, who will believe him? His credibility has been severely damaged. We are caving in on this issue and we should not be.

The polls show us the American people do not believe millionaires and billionaires need more tax breaks. If the calls to my office are indicative of what is going on in this country, there is overwhelming opposition to that agreement.

So I am saying that while the President says don't worry, that this is only temporary, I don't like it. But it is only 2 years. I have my doubts. I expect in 2 years, if this agreement goes forward, it will be extended again. As you know, Mr. President, they wanted 10 years on this extension of tax breaks for the rich. I have my strong suspicion that is exactly what will happen, if not made permanent. This country cannot afford to give tax breaks to millionaires and billionaires and have the middle class pay higher taxes to pay them off.

I want to say also that while a lot of attention has been focused on the personal income tax issue, that is not the only unfair tax proposal in this agreement. This agreement continues the Bush era 15 percent tax rate on capital gains and dividends.

Let me be clear about what that means. It means those people who make their living off of their investments—if you invest, if you earn dividends—will continue to pay a substantially lower tax rate than the average American person in the working class, middle class—our firemen, our teachers, our nurses. Those people are not going to pay 15 percent. They pay a higher rate than folks who have capital gains and dividends. I think that is wrong. This agreement extends those provisions.

Furthermore—and this is a point that has to be made over and over—this agreement between the President and the Republicans lowers the estate tax rate to 35 percent. Under this agreement, the estate tax will decline to 35 percent. Under President Clinton, when the economy was much stronger, the estate tax was 55 percent.

Now, I know the Republicans have done a very good job in trying to convince the American people this is a so-called death tax; that in every family in America, when a loved one dies, the family is going to have to pay 35 percent, 45 percent, or 55 percent. I have had people in Burlington, VT, come up to me and say: What are you doing? I have $30,000 in the bank that I want to leave to my kids. Why are you forcing my kids to pay such a large tax?

So let me be very clear. The Republicans have done a very good job in totally distorting this issue. The estate tax is paid only by the top three-tenths of 1 percent of families in America. If you are in the middle class, even if you are modestly wealthy, even if you are wealthy, or if you are poor, if you are lower middle class, you don't pay a nickel in estate tax if somebody in your family were to die and leave you wealth—not a nickel. This applies not just to the rich but to the very, very rich.

What the Republicans have been arguing for several years now is they want to repeal the estate tax entirely. If they were successful in doing that, that would mean increasing the national debt by $1 trillion over a 10-year period and all of the benefits—not some, all of the benefits—go to the top three-tenths of 1 percent; 99.7 percent of the people do not gain one nickel.

What is in this agreement is not what the Republicans ideally want, which is a repeal of the tax entirely, but what they do get is a reduction to 35 percent with an exemption on the first $5 million of an individual's estate.

Here is a chart which indicates just what I said a moment ago. "Repealing the estate tax would add more than $1 trillion to the deficit over 10 years." It is over $1 trillion, and the beneficiaries of it are just the very wealthy.

Let me give an example of what the repeal of the estate tax would mean. I will read it right off this chart.

Sam Walton's family, the heirs to the Wal-Mart fortune, are worth an estimated $86.8 billion. The Walton family would receive an estimated $32.7 billion tax break if the estate tax was completely repealed.

This is what our Republican friends want.

This agreement between the President and the Republicans certainly does not repeal the estate tax, but it does significantly lower the rates that the richest people, the very richest people in this country, would have to pay.

(Mr. UDALL of Colorado assumed the chair.)

Two days ago, I brought to the floor of the Senate a very simple piece of legislation. I think how that legislation was treated speaks volumes about the debate we are having now. This legislation said that with over 50 million senior citizens on Social Security and disabled vets for the second year in a row not getting a cost-of-living adjustment, a COLA—over 50 million seniors on Social Security and disabled vets not getting any COLA at all—despite the fact their prescription drug costs are going up and their health care costs are going up, they got no COLA. I said I think that in these tough