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Christopher Young (Democrat)
2010 Candidate for Mayor of Providence
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PELOSI: Buy a $15,000 Policy or Go to Jail
JCT Confirms Failure to Comply with Democrats’ Mandate Can Lead to 5 Years in Jail
Friday, November 06, 2009


Today, Ranking Member of the House Ways and Means Committee Dave Camp (R-MI) released a letter from the
non-partisan Joint Committee on Taxation (JCT) confirming that the failure to comply with the individual mandate to
buy health insurance contained in the Pelosi health care bill (H.R. 3962, as amended) could land people in jail.  
The JCT letter  makes clear that Americans who do not maintain “acceptable health insurance coverage” and who
choose not to pay the bill’s new individual mandate tax (generally 2.5% of income), are subject to numerous civil
and criminal penalties, including criminal fines of up to $250,000 and imprisonment of up to five years.

In response to the JCT letter, Camp said:  “This is the ultimate example of the Democrats’ command-and-control
style of governing – buy what we tell you or go to jail.  It is outrageous and it should be stopped immediately.”

Key excerpts from the JCT letter appear below:

“H.R. 3962 provides that an individual (or a husband and wife in the case of a joint return) who does not, at any time
during the taxable year, maintain acceptable health insurance coverage for himself or herself and each of his or her
qualifying children is subject to an additional tax.” [page 1]

                                          - - - - - - - - - -                                                   

“If the government determines that the taxpayer’s unpaid tax liability results from willful behavior, the following
penalties could apply…” [page 2]

                                          - - - - - - - - - -    
                                 

“Criminal penalties

Prosecution is authorized under the Code for a variety of offenses.  Depending on the level of the noncompliance,
the following penalties could apply to an individual:

• Section 7203 – misdemeanor willful failure to pay is punishable by a fine of up to $25,000 and/or imprisonment of
up to one year.

• Section 7201 – felony willful evasion is punishable by a fine of up to $250,000 and/or imprisonment of up to five
years.” [page 3]

When confronted with this same issue during its consideration of a similar individual mandate tax, the Senate
Finance Committee worked on a bipartisan basis to include language in its bill that shielded Americans from civil
and criminal penalties.  The Pelosi bill, however, contains no similar language protecting American citizens from
civil and criminal tax penalties that could include a $250,000 fine and five years in jail.

“The Senate Finance Committee had the good sense to eliminate the extreme penalty of incarceration.  Speaker
Pelosi’s decision to leave in the jail time provision is a threat to every family who cannot afford the $15,000
premium her plan creates.  Fortunately, Republicans have an alternative that will lower health insurance costs
without raising taxes or cutting Medicare,” said Camp.

According to the Congressional Budget Office the lowest cost family non-group plan under the Speaker’s bill would
cost $15,000 in 2016.