I 
108TH CONGRESS 
1ST SESSION 
H. R. 278
To terminate the Internal Revenue Code of 1986. 
IN THE HOUSE OF REPRESENTATIVES 
JANUARY 8, 2003
Mr. GRAVES introduced the following bill; which was referred to the 
Committee on Ways and Means 
A BILL 
To terminate the Internal Revenue Code of 1986.
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
SECTION 1. SHORT TITLE. 
This Act may be cited as the ‘‘Date Certain Tax Code 
Replacement Act’’. 
SEC. 2. PURPOSE. 
The purpose of this Act is to set a date certain for 
replacing the Internal Revenue Code of 1986 with a simple 
and fair alternative.
SEC. 3. TERMINATION OF INTERNAL REVENUE CODE OF 
1986. 
(a) IN GENERAL.—No tax shall be imposed by the 
Internal Revenue Code of 1986—
(1) for any taxable year beginning after Decem-
ber 31, 2007; and 
(2) in the case of any tax not imposed on the 
basis of a taxable year, on any taxable event or for 
any period after December 31, 2007. 
(b) EXCEPTION.—Subsection (a) shall not apply to 
taxes imposed by—
(1) chapter 2 of such Code (relating to tax on 
self-employment income); 
(2) chapter 21 of such Code (relating to Fed-
eral Insurance Contributions Act); and 
(3) chapter 22 of such Code (relating to Rail-
road Retirement Tax Act). 
SEC. 4. NATIONAL COMMISSION ON TAX REFORM AND
SIMPLIFICATION. 
(a) FINDINGS.—The Congress finds the following: 
(1) The Internal Revenue Code of 1986 is over-
ly complex, imposes significant burdens on individ-
uals and businesses and the economy, is extremely 
difficult for the Internal Revenue Service to admin-
ister, and is in need of fundamental reform and sim-
plification.
(2) Many of the problems encountered by tax-
payers in dealing with the Internal Revenue Service 
could be eliminated or alleviated by fundamental re-
form and simplification. 
(3) The Federal Government’s present fiscal 
outlook for continuing and sustained budget sur-
pluses provides a unique opportunity for the Con-
gress to consider measures for fundamental reform 
and simplification of the tax laws. 
(4) Recent efforts to simplify or reform the tax 
laws have not been successful due in part to the dif-
ficulty of developing broad-based, nonpartisan sup-
port for proposals to make such changes. 
(5) Many of the problems with the Internal 
Revenue Service stem from the overly complex tax 
code the agency is asked to administer. 
(b) ESTABLISHMENT.—
(1) IN GENERAL.—To carry out the purposes of 
this section, there is established within the legislative 
branch a National Commission on Tax Reform and 
Simplification (in this section referred to as the 
‘‘Commission’’). 
(2) COMPOSITION.—The Commission shall be 
composed of 15 members, as follows:
(A) Three members appointed by the 
President, two from the executive branch of the 
Government and one from private life. 
(B) Four members appointed by the ma-
jority leader of the Senate, one from Members 
of the Senate and three from private life. 
(C) Two members appointed by the minor-
ity leader of the Senate, one from Members of 
the Senate and one from private life. 
(D) Four members appointed by the 
Speaker of the House of Representatives, one 
from Members of the House and three from pri-
vate life. 
(E) Two members appointed by the minor-
ity leader of the House of Representatives, one 
from Members of the House and one from pri-
vate life. 
(3) CHAIR.—The Commission shall elect a 
Chair (or two Co-Chairs) from among its members. 
(4) MEETINGS, QUORUMS, VACANCIES.—After 
its initial meeting, the Commission shall meet upon
the call of the Chair (Co-Chairs, if elected) or a ma-
jority of its members. Nine members of the Commis-
sion shall constitute a quorum. Any vacancy in the 
Commission shall not affect its powers, but shall be
filled in the same manner in which the original ap-
pointment was made. Any meeting of the Commis-
sion or any subcommittee thereof may be held in ex-
ecutive session to the extent that the Chair (Co-
Chairs, if elected) or a majority of the members of 
the Commission or subcommittee determine appro-
priate. 
(5) CONTINUATION OF MEMBERSHIP.—If—
(A) any individual who appointed a mem-
ber to the Commission by virtue of holding a 
position described in paragraph (2) ceases to 
hold such position before the report of the Com-
mission is submitted under subsection (g); or 
(B) a member was appointed to the Com-
mission as a Member of Congress and the mem-
ber ceases to be a Member of Congress, or was 
appointed to the Commission because the mem-
ber was not an officer or employee of any gov-
ernment and later becomes an officer or em-
ployee of a government,
that member may continue as a member for not 
longer than the 30-day period beginning on the date 
that such individual ceases to hold such position or 
such member ceases to be a Member of Congress or
becomes such an officer or employee, as the case 
may be. 
(6) APPOINTMENT; INITIAL MEETING.—
(A) APPOINTMENT.—It is the sense of the 
Congress that members of the Commission 
should be appointed not more than 60 days 
after the date of the enactment of this Act. 
(B) INITIAL MEETING.—If, after 60 days 
from the date of the enactment of this Act, 
eight or more members of the Commission have 
been appointed, members who have been ap-
pointed may meet and select the Chair (or Co-
Chairs) who thereafter shall have the authority 
to begin the operations of the Commission, in-
cluding the hiring of staff. 
(c) FUNCTIONS OF THE COMMISSION.—
(1) IN GENERAL.—The functions of the Com-
mission shall be—
(A) to conduct, for a period of not to ex-
ceed 18 months from the date of its first meet-
ing, the review described in paragraph (2); and 
(B) to submit to the Congress a report of 
the results of such review, including rec-
ommendations for fundamental reform and sim-
plification of the Internal Revenue Code of 
1986, as described in subsection (g). 
(2) REVIEW.—The Commission shall review—
(A) the present structure and provisions of 
the Internal Revenue Code of 1986, especially 
with respect to—
(i) its impact on the economy (includ-
ing the impact on savings, capital forma-
tion and capital investment); 
(ii) its impact on families and the 
workforce (including issues relating to dis-
tribution of tax burden); 
(iii) the compliance cost to taxpayers; 
and 
(iv) the ability of the Internal Rev-
enue Service to administer such provisions; 
(B) whether tax systems imposed under 
the laws of other countries could provide more 
efficient and fair methods of funding the rev-
enue requirements of the government; 
(C) whether the income tax should be re-
placed with a tax imposed in a different manner 
or on a different base; and
(D) whether the Internal Revenue Code of 
1986 can be simplified, absent wholesale re-
structuring or replacement thereof. 
(d) POWERS OF THE COMMISSION.—
(1) IN GENERAL.—The Commission or, on the 
authorization of the Commission, any subcommittee 
or member thereof, may, for the purpose of carrying 
out the provisions of this section, hold such hearings 
and sit and act at such times and places, take such 
testimony, receive such evidence, and administer 
such oaths, as the Commission or such designated 
subcommittee or designated member may deem ad-
visable. 
(2) CONTRACTING.—The Commission may, to 
such extent and in such amounts as are provided in 
appropriation Acts, enter into contracts to enable 
the Commission to discharge its duties under this 
section. 
(3) ASSISTANCE FROM FEDERAL AGENCIES AND 
OFFICES.—
(A) INFORMATION.—The Commission is 
authorized to secure directly from any executive 
department, bureau, agency, board, commission, 
office, independent establishment, or instrumen-
tality of the Government, as well as from any
committee or other office of the legislative 
branch, such information, suggestions, esti-
mates, and statistics as it requires for the pur-
poses of its review and report. Each such de-
partment, bureau, agency, board, commission, 
office, establishment, instrumentality, or com-
mittee shall, to the extent not prohibited by 
law, furnish such information, suggestions, esti-
mates, and statistics directly to the Commis-
sion, upon request made by the Chair (Co-
Chairs, if elected). 
(B) TREASURY
DEPARTMENT.—The Sec-
retary of the Treasury is authorized on a non-
reimbursable basis to provide the Commission 
with administrative services, funds, facilities, 
staff, and other support services for the per-
formance of the Commission’s functions. 
(C) 
GENERAL
SERVICES
ADMINISTRA-
TION.—The Administrator of General Services 
shall provide to the Commission on a non-
reimbursable basis such administrative support 
services as the Commission may request.
(D) JOINT
COMMITTEE
ON
TAXATION.—
The staff of the Joint Committee on Taxation 
is authorized on a nonreimbursable basis to
provide the Commission with such legal, eco-
nomic, or policy analysis, including revenue esti-
mates, as the Commission may request. 
(E) OTHER ASSISTANCE.—In addition to 
the assistance set forth in subparagraphs (A), 
(B), (C), and (D), departments and agencies of 
the United States are authorized to provide to 
the Commission such services, funds, facilities, 
staff, and other support services as they may 
deem advisable and as may be authorized by 
law. 
(4) POSTAL SERVICES.—The Commission may 
use the United States mails in the same manner and 
under the same conditions as departments and agen-
cies of the United States. 
(5) GIFTS.—The Commission may accept, use, 
and dispose of gifts or donations of services or prop-
erty in carrying out its duties under this section. 
(e) STAFF OF THE COMMISSION.—
(1) IN
GENERAL.—The Chair (Co-Chairs, if 
elected), in accordance with rules agreed upon by the 
Commission, may appoint and fix the compensation 
of a staff director and such other personnel as may 
be necessary to enable the Commission to carry out 
its functions without regard to the provisions of title
5, United States Code, governing appointments in 
the competitive service, and without regard to the 
provisions of chapter 51 and subchapter III or chap-
ter 53 of such title relating to classification and 
General Schedule pay rates, except that no rate of 
pay fixed under this subsection may exceed the 
equivalent of that payable to a person occupying a 
position at level V of the Executive Schedule under 
section 5316 of title 5, United States Code. Any 
Federal Government employee may be detailed to 
the Commission without reimbursement from the 
Commission, and such detailee shall retain the 
rights, status, and privileges of his or her regular 
employment without interruption. 
(2) CONSULTANT SERVICES.—The Commission 
is authorized to procure the services of experts and 
consultants in accordance with section 3109 of title 
5, United States Code, but at rates not to exceed the 
daily rate paid a person occupying a position at level 
IV of the Executive Schedule under section 5315 of 
title 5, United States Code. 
(f) COMPENSATION AND TRAVEL EXPENSES.—
(1) COMPENSATION.—
(A) IN GENERAL.—Except as provided in 
subparagraph (B), each member of the Com-
mission may be compensated at not to exceed 
the daily equivalent of the annual rate of basic 
pay in effect for a position at level IV of the 
Executive Schedule under section 5315 of title 
5, United States Code, for each day during 
which that member is engaged in the actual 
performance of the duties of the Commission. 
(B) EXCEPTION.—Members of the Com-
mission who are officers or employees of the 
United States or Members of Congress shall re-
ceive no additional pay on account of their serv-
ice on the Commission. 
(2) TRAVEL
EXPENSES.—While away from 
their homes or regular places of business in the per-
formance of services for the Commission, members 
of the Commission shall be allowed travel expenses, 
including per diem in lieu of subsistence, in the 
same manner as persons employed intermittently in 
the Government service are allowed expenses under 
section 5703(b) of title 5, United States Code. 
(g) REPORT OF THE COMMISSION; TERMINATION.—
(1) REPORT.—Not later than 18 months after 
the date of the first meeting of the Commission, the 
Commission shall submit a report to the Committee 
on Ways and Means of the House of Representatives