WASHINGTON - Weary lawmakers in the House pushed at last toward a final congressional vote on legislation to avoid a national "fiscal cliff" of middle class tax increases and spending cuts, a New Year's Night culmination of a struggle that tested divided government to the limit.
Passage would send the measure to President Barack Obama for his signature and seal a political triumph less than two months after he won re-election while calling for higher taxes on the wealthy. The late-night House vote took place less than 24 hours after Senate action spilled over from New Year's Eve into the pre-dawn hours of 2013.
In addition to neutralizing middle class tax increases and spending cuts taking effect with the new year, the legislation raises tax rates on incomes over $400,000 for individuals and $450,000 for couples. That was higher than the thresholds of $200,000 and $250,000 that Obama campaigned for. But remarkably, in a party that swore off tax increases two decades ago, dozens of Republicans supported the bill at both ends of the Capitol.
Supporters of the bill in both parties expressed regret that the bill was narrowly drawn, and fell far short of a sweeping plan that combined tax changes and spending cuts to reduce federal deficits. That proved to be a step too far in the two months since Obama called congressional leaders to the White House for a post-election stab at compromise.
Majority Republicans did their best to minimize the bill's tax increases, just as they abandoned their demand from earlier in the day to add spending cuts to the package.
"By making Republican tax cuts permanent, we are one step closer to comprehensive tax reform that will help strengthen our economy and create more and higher paychecks for American workers," said Rep. Dave Camp of Michigan, chairman of the tax-writing House Ways and Means Committee.
He urged a vote for passage to "get us one step closer to tax reform in 2013" as well as attempts to control spending.
House Democratic Leader Nancy Pelosi also said the legislation included "permanent tax relief for the middle class," and she summoned lawmakers to provide bipartisan support as the Senate did.
The bill would also prevent an expiration of extended unemployment benefits for an estimated two million jobless, block a 27 per cent cut in fees for doctors who treat Medicare patients, stop a $900 pay increase for lawmakers from taking effect in March and head off a threatened spike in milk prices.
It would stop $24 billion in across-the-board spending cuts set to take effect over the next two months, although only about half of that total would be offset with savings elsewhere in the budget.
The economic as well as political stakes were considerable.
Economists have warned that without action by Congress, the tax increases and spending cuts that technically took effect with the turn of the new year at midnight could send the economy into recession.
Even with enactment of the legislation, taxes are on the rise for millions.
A 2 percentage point temporary cut in the Social Security payroll tax, originally enacted two years ago to stimulate the economy, expired with the end of 2012. Neither Obama nor Republicans made a significant effort to extend it.
House Republicans spent much of the day struggling to escape a political corner they found themselves in.
"I personally hate it," Rep. John Campbell of California, said of the measure, giving voice to the concern of many Republicans that it did little or nothing to cut spending.
"The speaker the day after the election said we would give on taxes and we have. But we wanted spending cuts. This bill has spending increases. Are you kidding me? So we get tax increases and spending increases? Come on."
House Majority Leader Eric Cantor told reporters at one point, "I do not support the bill. We are looking, though, for the best path forward."
Within hours, Republicans abandoned demands for changes and agreed to a simple yes-or-no vote on the Senate-passed bill.
They feared that otherwise the Senate would refuse to consider any alterations, sending the bill into limbo and saddling Republicans with the blame for a whopping middle class tax increase. One Senate Democratic leadership aide said Majority Leader Harry Reid would "absolutely not take up the bill" if the House changed it. The aide spoke on condition of anonymity, citing a requirement to keep internal deliberations private.
Despite Cantor's remarks, Speaker John Boehner took no public position on the bill as he sought to negotiate a conclusion to the final crisis of a two-year term full of them.
The brief insurrection wasn't the first time that the tea party-infused House Republican majority has rebelled against the party establishment since the GOP took control of the chamber 24 months ago. But with the two-year term set to end Thursday at noon, it was likely the last. And as was true in earlier cases of a threatened default and government shutdown, the brinkmanship came on a matter of economic urgency, leaving the party open to a public backlash if tax increases do take effect on tens of millions.
The non-partisan Congressional Budget Office said the measure would add nearly $4 trillion over a decade to federal deficits, a calculation that assumed taxes would otherwise have risen on taxpayers at all income levels. There was little or no evident concern among Republicans on that point, presumably because of their belief that tax cuts pay for themselves by expanding economic growth and do not cause deficits to rise.
The relative paucity of spending cuts was a sticking point with many House Republicans. Among other items, the extension of unemployment benefits costs $30 billion, and is not offset by savings elsewhere.
Others said unhappiness over spending outweighed fears that the financial markets will plunge on Wednesday if the fiscal cliff hasn't been averted.
"There's a concern about the markets, but there's a bigger concern, which is getting this right, which is something we haven't been very good at over the past two years," said Rep. Steve LaTourette of Ohio.
For all the struggle involved in the legislation, even its passage would merely clear the way for another round of controversy almost as soon as the new Congress convenes.
With the Treasury expected to need an expansion in borrowing authority by early spring, and funding authority for most government programs set to expire in late March, Republicans have made it clear they intend to use those events as leverage with the administration to win savings from Medicare and other government benefit programs.
McConnell said as much moments before the 2 a.m. Tuesday vote in the Senate — two hours after the advertised "cliff" deadline.
"We've taken care of the revenue side of this debate. Now it's time to get serious about reducing Washington's out-of-control spending," he said. "That's a debate the American people want. It's the debate we'll have next. And it's a debate Republicans are ready for."
The 89-8 vote in the Senate was unexpectedly lopsided.
Despite grumbling from liberals that Obama had given way too much in the bargaining, only three Democrats opposed the measure.
Among the Republican supporters were Sen. Pat Toomey of Pennsylvania, an ardent opponent of tax increases, as well as Sen. Ron Johnson of Wisconsin, elected to his seat two years ago with tea party support.
Associated Press writers Andrew Taylor, Larry Margasak and Julie Pace contributed to this story.
Related on HuffPost:
Military Health Care - $16 Billion
In his last offer to House Speaker John Boehner (R-Ohio), President Barack Obama lobbied for $16 billion in cuts from the military's health care program, TRICARE. In 2012, the president also proposed hiking fees for military personnel and veterans who receive benefits under the program in an effort to help cut the defense budget. His proposal drew significant fire from Republican lawmakers and veterans' groups.
Military Retirement Program - $11 Billion
Both sides agreed to cuts from the military retirement program. Rep. Eric Cantor (R-Va.) claimed during July 2011 talks that lawmakers had reached a tentative deal to slash <a href="http://www.huffingtonpost.com/2012/11/11/fiscal-cliff-talks-medicare-social-security_n_2113259.html" target="_hplink">$11 billion</a>. Under the current system, military personnel receive immediate retirement benefits after serving for 20 years. According to a recent report from the Congressional Budget Office, the appropriation cost per active military service member has <a href="http://www.cbo.gov/publication/43574" target="_hplink">increased at a higher rate</a> than either inflation or the total pay package of private-sector employees. Given the budget constraints looming before the Defense Department, the CBO floated the idea of transitioning the military retirement program to a matching-payment model.
Federal Employee Retirement Program - $33 -$36 Billion
Cantor claimed that Republicans and Democrats had agreed to <a href="http://www.huffingtonpost.com/2012/11/11/fiscal-cliff-talks-medicare-social-security_n_2113259.html" target="_hplink">$36 billion in savings</a> over 10 years from civilian retirement programs. The president proposed a marginally more modest figure of <a href="http://presspass.nbcnews.com/_news/2012/11/11/15089281-white-house-grand-bargain-offer-to-speaker-boehner-obtained-by-bob-woodward#.UKCJftkTtS8.twitter" target="_hplink">$33 billion</a> in his final offer to House Speaker John Boehner. Just this year, Republicans in the House Committee on Oversight and Government Reform also looked to find savings from the Federal Employee Retirement System by <a href="http://www.washingtonpost.com/blogs/federal-eye/post/house-committee-approves-measure-upping-federal-employee-contributions-to-retirement-plan/2012/04/26/gIQAuoW6iT_blog.html" target="_hplink">requiring employees to pay more of their salary</a> into their pensions, which Democrats opposed as a pay cut that would make civil service less attractive for top talent. In September 2011, the federal government employed <a href="http://www.fedscope.opm.gov/cognos/cgi-bin/ppdscgi.exe?DC=Q&E=/FSe%20-%20Status/Employment%20-%20September%202012&LA=en&LO=en-us&BACK=/cognos/cgi-bin/ppdscgi.exe?toc=%2FFSe%20-%20Status&LA=en&LO=en-us" target="_hplink">over two million individuals</a>, either through the cabinets or independent agencies. Many Republicans have complained that the federal workforce has ballooned during the Obama administration, and while the raw number of employees has risen by <a href="http://www.thefactfile.com/2012/01/23/the-size-of-the-federal-workforce-rapid-growth-for-some-stagnation-for-others/" target="_hplink">14.4 percent</a> between Sept. 2007 and Sept. 2011, the percentage of public employees out of the total civilian workforce has <a href="http://www.thefactfile.com/2012/01/23/the-size-of-the-federal-workforce-rapid-growth-for-some-stagnation-for-others/" target="_hplink">remained fairly constant</a> around 1.2 percent since 2001. Much of the raw growth has been concentrated in the Department of Defense, Veteran's Affairs and Homeland Security.
Agricultural Subsidies - $30 - $33 Billion
Democrats and Republicans agreed to cut as much as <a href="http://www.huffingtonpost.com/2012/11/12/fiscal-cliff-barack-obama-_n_2118739.html" target="_hplink">$30 billion</a> from agricultural subsidies; the main opposition fell along geographical lines rather than partisan ones. Hailing from an agriculture-heavy state, Sen. Max Baucus (D-Mont.) threatened to pull out of talks entirely if a deal included that much in subsidy reduction. The president ended up pushing for <a href="http://www.huffingtonpost.com/2012/11/11/fiscal-cliff-talks-medicare-social-security_n_2113259.html" target="_hplink">$33 billion in cuts</a>, but that figure also included reductions in conservation programs. Baucus now tells HuffPost any cuts should be made through the farm bill, not fiscal cliff talks.
Food Stamps - $2 to $20 Billion
Cantor pushed hard for significant cuts to food stamps, formally known as the Supplemental Nutrition Assistance Program. He charged that the federal government could save as much as <a href="http://www.huffingtonpost.com/2012/11/11/fiscal-cliff-talks-medicare-social-security_n_2113259.html" target="_hplink">$20 billion over ten years</a> by eliminating waste and fraud, but the White House countered that the real number was closer to $2 billion. Instead, those cuts would force the program to scale back on the number of enrollees and the level of benefits it could offer.
Flood Assistance - $4 Billion
Obama proposed cutting <a href="http://www.huffingtonpost.com/2012/11/12/fiscal-cliff-barack-obama-_n_2118739.html" target="_hplink">$4 billion from flood assistance</a> funding in his final offer to Boehner in July 2011. But Hurricane Sandy straining the National Flood Insurance Program; The New York Times <a href="http://www.nytimes.com/2012/11/13/nyregion/federal-flood-insurance-program-faces-new-stress.html?pagewanted=all&_r=0" target="_hplink">reports</a> that thousands of claims are being submitted daily, which could send the overall cost upwards of $7 billion for a program that suffers from a ballooning debt problem. And with climate change promising <a href="http://www.washingtonpost.com/blogs/capital-weather-gang/post/climate-change-predictions-foresaw-hurricane-sandy-scenario-for-new-york-city/2012/10/31/b78de428-2374-11e2-ac85-e669876c6a24_blog.html" target="_hplink">future flooding disasters</a> along the eastern seaboard, cutting the program looks unwise.
Home Health Care - $50 Billion
The president offered to cut <a href="http://presspass.nbcnews.com/_news/2012/11/11/15089281-white-house-grand-bargain-offer-to-speaker-boehner-obtained-by-bob-woodward#.UKCJftkTtS8.twitter" target="_hplink">$110 billion over the next decade</a> from the government's health care spending, excluding Medicare. Among the programs that could lose crucial funding is home health care, where Democrats and Republicans agreed to <a href="http://www.huffingtonpost.com/2012/11/11/fiscal-cliff-talks-medicare-social-security_n_2113259.html" target="_hplink">$50 billion in reductions</a> over ten years. Cantor pushed for closer to $300 billion in spending cuts to health care, but Democrats appeared to stand firm.
Higher Education - $10 Billion
The president proposed cutting <a href="http://www.huffingtonpost.com/2012/11/12/fiscal-cliff-barack-obama-_n_2118739.html" target="_hplink">$10 billion from higher education</a> over the next decade, mostly from Pell grants. <a href="http://www.huffingtonpost.com/2012/08/27/pell-grants-college-costs_n_1835081.html" target="_hplink">Over nine million students</a> relied on federal subsidized loans to afford college during the 2010-2011 school year, and the skyrocketing costs have continued to diminish the purchasing power of the Pell grant program. Obama has actively worked to make college more affordable for lower-income students. Key Republican lawmakers have attempted to cut funding for student loans; most notably, Rep. Paul Ryan (R-Wis.) slashed the maximum award from $5,550 per student per year down to <a href="http://colorlines.com/archives/2011/07/dems_students_fight_to_save_pell_grants_amidst_debt_ceiling_talks.html" target="_hplink">just $3,040</a>.
Medicaid And Other Health- $110 Billion
The original funding levels proposed by Cantor and the GOP leadership would turn the entitlement program for America's poor into little more than a block grant program, Democrats claimed during the 2011 debt ceiling talks. Under such a program, they argued that states would then <a href="http://www.bloomberg.com/news/2012-09-11/medicaid-to-lose-1-26-trillion-under-romney-block-grant.html" target="_hplink">drop more people from enrollment</a> and scale back on health benefits. In fiscal year 2009, <a href="http://www.census.gov/compendia/statab/2012/tables/12s0151.pdf" target="_hplink">over 62 million Americans</a> -- many of them children -- depended on Medicaid for their health care. But the president did agree to <a href="http://presspass.nbcnews.com/_news/2012/11/11/15089281-white-house-grand-bargain-offer-to-speaker-boehner-obtained-by-bob-woodward#.UKCJftkTtS8.twitter" target="_hplink">$110 billion</a> in cuts from Medicaid and other health programs.
Medicare - $250 Billion +
Republicans pushed for a drastic overhaul to the entitlement program for America's seniors. Ryan infamously proposed turning Medicare into little more than a voucher system in which seniors would receive checks to purchase their own health care on the open market -- a plan that would ultimately <a href="http://www.huffingtonpost.com/kennethdavis/medicare-vouchers_b_1947804.html" target="_hplink">force individuals to shoulder more of the burden</a> for their health care costs. Democrats refused to accept changes similar to those in Ryan's plan. The president, however, was <a href="http://www.huffingtonpost.com/2012/11/11/fiscal-cliff-talks-medicare-social-security_n_2113259.html" target="_hplink">more open to other GOP suggestions</a> on Medicare. In his final offer to Boehner, he agreed cut $250 billion over the next ten years -- in part by increasing premiums for higher-income seniors and by raising the eligibility age from 65 to 67 (although over a longer time frame).
Tax Reform - $800 Billion - $1.6 Trillion
Republicans have again and again <a href="http://www.politico.com/blogs/politicolive/0511/Boehner_Medicare_Medicaid__everything_should_be_on_the_table_except_raising_taxes.html" target="_hplink">decried any attempt</a> to raise taxes, either on the highest earners or on corporations. (A Democracy Corps/Campaign for America's Future survey shows that <a href="http://www.ourfuture.org/report/2012114508/cafdemocracy-corps-election-poll-2012" target="_hplink">70 percent of voters</a> support raising taxes on the wealthiest two percent of Americans.) Instead, Boehner has pushed for a <a href="http://www.huffingtonpost.com/2012/11/11/fiscal-cliff-talks-medicare-social-security_n_2113259.html" target="_hplink">comprehensive tax reform bill</a> that would lower the marginal tax rates while closing loopholes and eliminating deductions in order to raise around $800 billion in additional revenues. For many Democrats, <a href="http://online.wsj.com/article/SB10001424127887323551004578117152861144968.html" target="_hplink">that figure simply isn't enough</a>. White House Press Secretary Jay Carney announced Tuesday that the president was aiming for as much as <a href="http://takingnote.blogs.nytimes.com/2012/11/13/showing-backbone-on-the-debt/" target="_hplink">$1.6 trillion in new revenues</a>, and the president told reporters on Wednesday that it would be <a href="http://www.huffingtonpost.com/2012/11/14/obama-tax-cuts_n_2131256.html" target="_hplink">practically impossible</a> to raise the amount of revenue he wanted simply from closing loopholes and lowering rates.
Social Security - $112 Billion
Social Security <a href="http://www.huffingtonpost.com/2012/11/14/fiscal-cliff-social-security_n_2130762.html?utm_hp_ref=mostpopular" target="_hplink">isn't driving the deficit</a>, yet Republicans have <a href="http://www.huffingtonpost.com/2012/11/11/fiscal-cliff-talks-medicare-social-security_n_2113259.html" target="_hplink">pursued drastic changes</a> to the program. Sen. Harry Reid (D-Nev.) has promised that Social Security would be <a href="http://livewire.talkingpointsmemo.com/entry/reid-no-messing-with-social-security" target="_hplink">off the table</a> in the on-going negotiations to avoid the fiscal cliff, but Obama did concede to tying the benefits to a <a href="http://presspass.nbcnews.com/_news/2012/11/11/15089281-white-house-grand-bargain-offer-to-speaker-boehner-obtained-by-bob-woodward#.UKCJftkTtS8.twitter" target="_hplink">recalculated Consumer Price Index</a> that would ultimately provide less money to retirees. Sen. Bernie Sanders claims that, under such a measure, seniors who are currently 65 years-old would see their benefits drop by <a href="http://thehill.com/homenews/senate/267079-reid-assures-sanders-he-wont-agree-to-social-security-cuts-in-debt-deal" target="_hplink">$560 a month in 10 years</a> and by as much as <a href="http://thehill.com/homenews/senate/267079-reid-assures-sanders-he-wont-agree-to-social-security-cuts-in-debt-deal" target="_hplink">$1,000 in 20 years</a>. The Moment of Truth project (led by the two former co-chairs of the president's deficit reduction commission, former Sen. Alan Simpson (R-Wyo.) and former White House Chief of Staff Erskine Bowles) claims that the recalculated CPI could save as much as <a href="http://www.inthesetimes.com/article/11767/the_social_security_cut_washington_does_not_want_you_to_understand/" target="_hplink">$112 billion</a> from Social Security over the next ten years.
Tax Loopholes And Deductions - Up To $180 Billion
Although Cantor and other GOP House members demanded that any deficit-reduction deal brokered in 2011 be classified as <a href="http://www.huffingtonpost.com/2012/11/11/fiscal-cliff-talks-medicare-social-security_n_2113259.html" target="_hplink">revenue-neutral</a>, they were open to closing particular loopholes in the corporate tax code and limiting itemized deductions for individuals -- given that they were offset by other tax cuts. Out of the $50 billion in savings to be found over the next decade from closing loopholes, Cantor proposed getting $3 billion from eliminating the break for corporate-jet owners and another $20 billion from voiding the subsidies for the oil and gas industries. On the individual earner side, he proposed eliminating the second-home mortgage deduction for $20 billion, as well as limiting the mortgage deduction for higher-income households to rake in another $20 billion. He also offered to tighten the tax treatment of retirement accounts. But Democrats wanted to see even greater action taken on itemized deductions. In June 2011, Rep. Chris Van Hollen (D-Md.) proposed raising $130 billion in new revenues by capping itemized deductions at 35 percent for the highest income brackets. The GOP response to his proposal at the time was a resounding "no."
Bush Tax Cuts For The Wealthy - $950 Billion
Set to expire on Dec. 31, 2012, the Bush tax cuts represent one of the most controversial elements of the so-called fiscal cliff. They added over <a href="http://graphics8.nytimes.com/images/2011/07/24/opinion/sunday/24editorial_graph2/24editorial_graph2-popup.gif" target="_hplink">$1.8 trillion to the deficit</a> between 2002 and 2009. Yet Republicans argue that an extension is necessary to create jobs and spur economic growth. But a <a href="http://tpmdc.talkingpointsmemo.com/PDF/0915taxesandeconomy.pdf" target="_hplink">study</a> from the Congressional Research Service found that tax cuts for the wealthiest earners had little economic effect. The White House is pushing for a renewal only of those tax breaks for the lower- and middle-class Americans in order to save the average middle-class family <a href="http://money.cnn.com/2012/10/01/pf/taxes/fiscal-cliff-tax/index.html" target="_hplink">between $2,000 and $3,500</a> next year. Letting the cuts expire for those earning over $250,000 a year -- or the wealthiest two percent of Americans -- would haul in <a href="http://www.offthechartsblog.org/cbo-ending-high-income-tax-cuts-would-save-almost-1-trillion/" target="_hplink">$950 billion</a> in savings over the next decade, according to the CBO. Obama stressed how much the country stood to gain from such an approach Wednesday during a press conference. "If we right away say 98 percent of Americans are not going to see their taxes go up — 97 percent of small businesses are not going to see their taxes go up," he said. "If we get that in place, we're actually <a href="http://www.cnbc.com/id/49821777" target="_hplink">removing half of the fiscal cliff</a>."