By ANDREW TAYLOR, THE ASSOCIATED PRESS
WASHINGTON -- Legislation to negate a fiscal cliff of across-the-board tax increases and sweeping spending cuts to the Pentagon and other government agencies is headed to the GOP-dominated House after bipartisan, middle-of-the-night approval in the Senate capped a New Year's Eve drama unlike any other in the annals of Congress.
The measure cleared the Senate on an 89-8 vote early Tuesday, hours after Vice President Joe Biden and Senate Republican Leader Mitch McConnell of Kentucky sealed a deal.
It would prevent middle-class taxes from going up but would raise rates on higher incomes. It would also block spending cuts for two months, extend unemployment benefits for the long-term jobless, prevent a 27 percent cut in fees for doctors who treat Medicare patients and prevent a spike in milk prices.
The measure ensures that lawmakers will have to revisit difficult budget questions in just a few weeks, as relief from painful spending cuts expires and the government requires an increase in its borrowing cap.
House Speaker John Boehner pointedly refrained from endorsing the agreement, though he's promised a vote on it or a GOP alternative right away. But he was expected to encounter opposition from House conservatives.
"It's three strikes in my book and I'll be voting no on this bill," Rep. Tim Huelskamp told CNN Tuesday morning. Huelskamp says the legislation would impose a hardship on small businesses around the country and falls short of addressing the need for cuts in spending.
The measure is the first significant bipartisan tax increase since 1990, when former President George H.W. Bush violated his "read my lips" promise on taxes. It would raise an additional $620 billion over the coming decade when compared with revenues after tax cuts passed in 2001 and 2003, during the Bush administration. But because those policies expired at midnight Monday, the measure is officially scored as a whopping $3.9 trillion tax cut over the next decade.
President Barack Obama praised the agreement after the Senate's vote.
"While neither Democrats nor Republicans got everything they wanted, this agreement is the right thing to do for our country and the House should pass it without delay," Obama said in a statement. "This agreement will also grow the economy and shrink our deficits in a balanced way - by investing in our middle class, and by asking the wealthy to pay a little more."
The sweeping Senate vote exceeded expectations - tea party conservatives like Pat Toomey, R-Pa., and Ron Johnson, R-Wis., backed the measure - and would appear to grease enactment of the measure despite lingering questions in the House, where conservative forces sank a recent bid by Boehner to permit tax rates on incomes exceeding $1 million to go back to Clinton-era levels.
"Decisions about whether the House will seek to accept or promptly amend the measure will not be made until House members - and the American people - have been able to review the legislation," said a statement by Boehner and other top GOP leaders.
Lawmakers hope to resolve any uncertainty over the fiscal cliff before financial markets reopen Wednesday. It could take lots of Democratic votes to pass the measure and overcome opposition from tea party lawmakers.
Under the Senate deal, taxes would remain steady for the middle class but rise at incomes over $400,000 for individuals and $450,000 for couples - levels higher than President Barack Obama had campaigned for in his successful drive for a second term in office. Some liberal Democrats were disappointed that the White House did not stick to a harder line, while other Democrats sided with Republicans to force the White House to partially retreat on increases in taxes on multi-million-dollar estates.
The measure also allocates $24 billion in spending cuts and new revenues to defer, for two months, some $109 billion worth of automatic spending cuts that were set to slap the Pentagon and domestic programs starting this week. That would allow the White House and lawmakers time to regroup before plunging very quickly into a new round of budget brinkmanship, certain to revolve around Republican calls to rein in the cost of Medicare and other government benefit programs.
Officials also decided at the last minute to use the measure to prevent a $900 pay raise for lawmakers due to take effect this spring.
Even by the dysfunctional standards of government-by-gridlock, the activity at both ends of historic Pennsylvania Avenue was remarkable as the administration and lawmakers spent the final hours of 2012 haggling over long-festering differences.
Republicans said McConnell and Biden had struck an agreement Sunday night but that Democrats pulled back Monday morning. Democrats like Tom Harkin of Iowa said the agreement was too generous to upper-bracket earners. Obama's longstanding position was to push the top tax rate on family income exceeding $250,000 from 35 percent to 39 percent.
"No deal is better than a bad deal. And this look like a very bad deal," said Harkin.
The measure would raise the top tax rate on large estates to 40 percent, with a $5 million exemption on estates inherited from individuals and a $10 million exemption on family estates. At the insistence of Republicans and some Democrats, the exemption levels would be indexed for inflation.
Taxes on capital gains and dividends over $400,000 for individuals and $450,000 for couples would be taxed at 20 percent, up from 15 percent.
The bill would also extend jobless benefits for the long-term unemployed for an additional year at a cost of $30 billion, and would spend $31 billion to prevent a 27 percent cut in Medicare payments to doctors.
Another $64 billion would go to renew tax breaks for businesses and for renewable energy purposes, like tax credits for energy-efficient appliances.
Despite bitter battling over taxes in the campaign, even die-hard conservatives endorsed the measure, arguing that the alternative was to raise taxes on virtually every earner.
"I reluctantly supported it because it sets in stone lower tax rates for roughly 99 percent of American taxpayers," said Sen. Orrin Hatch, R-Utah. "With millions of Americans watching Washington with anger, frustration and anxiety that their taxes will skyrocket, this is the best course of action we can take to protect as many people as possible from massive tax hikes."
Also 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>."