I had been wondering how a provision giving access to tax returns
could wind up in a legislative bill "by accident." I mean, what
explanantion could there be, a bunch of us got drunk one night and did
a top ten list of things we'd like to have for the next election? 
Then Tom DeLay's man on my staff found it and said what a good idea???

Anyway, apparently other enquiring minds wanted to know, and here is a
story on how it came to be:

http://seattlepi.nwsource.com/national/apwashington_story.asp?category=1153&slug=Tax%20Return%20Disclosure

Monday, November 22, 2004 � Last updated 11:17 a.m. PT

Tax return provision draws fire in Senate

By JIM ABRAMS
ASSOCIATED PRESS WRITER

WASHINGTON -- Whoever wrote a legislative provision to give more
members of Congress access to income tax records should be tracked
down and held to account, a Democratic senator said Monday.

Republicans countered that the provision, removed from the $388
billion spending bill after protests from members of both parties, was
not meant to weaken privacy laws. "Honest mistakes were made, but
there's no conspiracy here," said Rep. Ernest Istook, R-Okla.,
chairman of the Appropriations subcommittee that oversees the IRS.

Istook, whose name was linked to the language when it caused an uproar
on the Senate floor during the weekend, denied on Monday that he was
behind the provision, saying it was written by the Internal Revenue
Service at the request of Appropriations Committee staff.

The intent, he said, was to give House and Senate Appropriations
chairmen and their aides access to IRS processing centers for
oversight purposes and not to review individual returns.

The provision says committee chairmen and their agents would have
access to IRS "facilities and any tax returns or return information
contained therein."
 
Sen. Kent Conrad, D-N.D., whose aide was the first to point out
implications posed by the provision, said he was writing the head of
the IRS to ask whether the language originated in that agency. The
author, he said at a news conference, "needs to be identified and held
to account because that is beyond the pale."

There was no immediate comment from the IRS.

Conrad, a member of the Senate Finance Committee, said the chairmen of
that committee and the House Ways and Means Committee, which are
responsible for tax law, already have authority to see income tax
returns. "They are under very stringent penalties, both civil and
criminal, if ever they release that information," Conrad said.

He said the new provision would have given "unfettered power," not
subject to penalty, to the Appropriations chairmen and their agents.
Those agents could be anybody, including political party officials
looking for incriminating material on opponents, he said.

House Appropriations Committee Chairman Bill Young, R-Fla., said both
Republican and Democratic staff read through the bill Thursday, and
the issue was not raised. "Clearly there was never any desire to
access personal information, and it's unfortunate that some have
misrepresented and exaggerated the purpose of this language," Young
said.

Conrad said the bigger issue was the recent trend in Congress not to
pass spending bills by the Oct. 1 start of the fiscal year and then
have to combine unpassed bills into giant omnibus packages before
Congress adjourns for the year. Saturday's bill, which included nine
of the 13 spending bills Congress has to act on every year, ran more
than 3,000 pages.

Conrad said "there is no earthly way" for lawmakers and their staffs
to learn what's in these bills in the few hours they have to inspect
them before the vote. "What else is in this stack of paper that people
don't know about?" he asked.

Republicans agreed that the huge year-end packages court bad legislation.

Sen. Ted Stevens, R-Alaska, managing his last bill before he steps
down as Appropriations chairman, said in debate Saturday that the
"terrible mistake" was a stain on his record. "It is a terrible way to
do business."

---

The spending bill is H.R. 4818.

On the Net:

Congress: http://thomas.loc.gov

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