I will support the amendment of the Senator from Illinois to repeal section 1604(f)(3) of the Taxpayer Relief Act of 1997, which purports to credit the increase in tobacco excise taxes against any federally legislated tobacco settlement agreement. While I have opposed other amendments that would have opened up the balanced budget agreement signed into law on August 5, 1997, a mere 5 legislative days ago, there are good reasons to support the amendment offered by Senator Durbin. Unlike the other provisions of the reconciliation legislation that have been the subject of amendments, the provision at issue in the Durbin amendment is an orphan. No one is willing publicly to take credit for having written it and securing its inclusion in the tax bill--which was done at the last minute, without analysis or debate by the Members of either the House or Senate. On July 31, 1997, during the debate on the conference report to the Taxpayer Relief Act of 1997, the Senator from Illinois sought to raise a point of order against the provision he now seeks to repeal. I voted, with 77 other Senators to waive all points of order against the conference report. I said at the time that the provision was meaningless and had no binding effect. I continue to hold this view, as the tobacco settlement is far from completed, and it is still subject to approval by the President and Congress.
Editor's note · Context
Discussing support for an amendment to repeal a section of the Taxpayer Relief Act of 1997 regarding tobacco excise taxes.
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