Build Back Better Act

The Build Back Better Act is a bill introduced in the 117th Congress to fulfill aspects of President Joe Biden's Build Back Better Plan. It was spun off from the American Jobs Plan, alongside the Infrastructure Investment and Jobs Act, as a $3.5 trillion reconciliation package that included provisions related to climate change and social policy. Following negotiations, the price was lowered to approximately $2.2 trillion.[1] The bill was passed 220–213 by the House of Representatives on November 19, 2021.

Build Back Better Act
Long titleTo provide for reconciliation pursuant to title II of S. Con. Res. 14.
Enacted bythe 117th United States Congress
Legislative history

Background

Before the bill was spun off from the American Jobs Plan (AJP), on April 5, 2021, Senator Joe Manchin proposed raising the corporate tax rate from 21% to only 25%, instead of the 28% Biden originally called for.[2] On May 25, Republican senators Pat Toomey and Roger Wicker indicated a lack of support within their caucus to change aspects of the 2017 tax act, and suggested repurposing unspent COVID-19 relief funds.[3][4] On May 28, Biden released details of a $6 trillion budget proposal for the fiscal year of 2022, which would raise taxes on corporations and millionaires to pay for both the AJP and the American Families Plan (AFP) over 15 years.[5][6] On June 3, White House press secretary Jen Psaki announced a tweaked AJP proposal that would not increase taxes on corporations, in exchange for closing loopholes and requiring them to pay at least 15%.[7] On June 5, finance ministers from Group of Seven announced that they would support a global 15% corporate tax minimum.[8]

On May 17, seven Democrats on the House Ways and Means Committee signed a letter to the president asking him to prioritize enhanced unemployment insurance (UI) and direct payments (in the style of those included in response to COVID-19 and the related recession) in the AFP. The letter cited Biden's promise to include the former adjusted to "economic conditions", but further that the latter also "served as [a lifeline] to families and workers that have had their lives upended by the pandemic".[9] Previously, on March 31, 21 Senate Democrats sent Biden a letter in favor of further stimulus payments and UI, and in April, the Economic Security Project reported that two additional direct payments could keep 12 million Americans out of poverty.[10]

On May 28, Senate Parliamentarian Elizabeth MacDonough indicated that the current rules dictate that the reconciliation process should not be used more than once during a fiscal year.[11] A majority in the Senate Budget Committee would be needed to change this.[12] On June 3, Senator Manchin advocated against using reconciliation, though other Democrats supported it.[13][3] On June 16, Senate Majority Leader Charles Schumer met with the Democratic members of the Senate Budget Committee to discuss the option of passing a budget resolution using reconciliation.[14] Democrats were reportedly considering such a bill around $6 trillion.[15] In late June, Manchin said he was open to adjusting the 2017 tax bill[16] and stated his support for a $2 trillion reconciliation bill.[17]

On June 24, a bipartisan group met with the president and reached a $1.2 trillion bipartisan deal focusing on physical infrastructure (such as roads, bridges, railways, water, sewage, broadband, and electric vehicles). Biden stipulated that a separate "human infrastructure" bill (such as child care, home care, and climate change) must also pass, whether through bipartisanship or reconciliation,[18] but later walked back this position.[19] White House officials stated on July 7 that legislative text was nearing completion.[20] On July 14, the Senate Energy and Natural Resources Committee advanced an energy bill expected to be included in the bipartisan package.[21] House Speaker Nancy Pelosi similarly stated that the House would not vote on the physical infrastructure bill until the larger bill passes in the Senate,[22][23] but later walked back this position as well, as the physical infrastructure package passed the House on November 5 and was signed into law before the larger bill had received a vote.[24]

Provisions

$3.5 trillion version

The original version of the bill may have increased the state and local tax deduction (SALT) deduction limit (which was set at $10,000 in the Tax Cuts and Jobs Act of 2017).[25] It was also expected to include the Protecting the Right to Organize Act labor bill,[26] set a clean electricity standard called the Clean Energy Performance Program,[27] and reform immigration[28][29] to the extent allowed by reconciliation rules.[30]

On September 9, 2021, Analysis Group published a report commissioned by Evergreen Action and the Natural Resources Defense Council. It found that the plan's Clean Electricity Payment Program was expected to create 7.7 million American jobs over the next decade, generate $907 billion in economic growth, and provide state and local governments over $154 billion in tax revenue.[31]

The House Natural Resources Committee's $25.6 billion portion of the bill included a repeal of a 2017 law requiring the government to lease land at the Arctic National Wildlife Refuge for drilling, and would have banned offshore drilling in both the Atlantic and Pacific oceans, as well as the eastern Gulf of Mexico. A CCC jobs program would have been created. Money was to have been raised via an increase on royalties paid by fossil fuel companies to drill on federal lands and waters, as well as the establishment of a royalty payment for hard-rock mining.[32][33]

The House Science Committee's $45.51 billion portion included over $4 billion for NASA (although not for human space exploration).[34]

Democrats of the House Transportation Committee proposed $10 billion for transit support, $10 billion for high-speed rail, $4 billion to lower carbon emissions and $4 billion to address the division of communities by highways. Additionally, the bill allotted $2.5 billion to deal with port congestion and $1 billion to reduce aviation-caused carbon emissions.[35]

The bill was expected to generate $1.5 trillion in revenue from corporations and the wealthy.[36][37] In September, it was reported that House Democrats hoped to increase the corporate tax rate to 26.5% (between Biden's original 28% and Senator Manchin's suggested 25%)[2] as part of the reconciliation bill; the next month, it was reported that the corporate tax rate was unlikely to be increased in the bill[38] due to opposition from Senator Sinema.[39]

Progressive lawmakers pushed in early versions of the bill for funding numerous programs such as the child tax credit, earned income tax credit, and Affordable Care Act subsidies permanently or to 2025, hoping that funding would be renewed.[40][41][42]

Revised version

The revised version of the bill is estimated to cost approximately $2.2 trillion.[43][1] The White House's legislative framework, the costs of which were disputed by nonpartisan estimates, includes:[44][45]

  • $555 billion for clean energy and climate change provisions
  • $400 billion for childcare and preschools
  • $200 billion for child tax and earned income tax credits
  • $150 billion for home care
  • $150 billion for housing
  • $130 billion for Affordable Care Act credits
  • $90 billion for equity and other investments
  • $40 billion for higher education and workforce
  • $35 billion to expand Medicare to hearing services

Specifics of the bill include:[46]

  • An increase in the SALT deduction limit from $10,000 (expiring in 2026) to $80,000 (expiring in 2030)
  • Universal preschool for all three and four-year-olds
  • Child-care cost cap of 7% of income for parents earning up to 250% of a state’s median income (including faith-based child-care)
  • $35-per-month limit on the cost of insulin under Medicare & limit on out-of-pocket prescription drug costs at $2,000 per year
  • Hearing benefits for Medicare beneficiaries, including coverage for a new hearing aid every five years
  • One year of expanded child tax credits
  • A provision for 4 weeks of paid family and medical leave (included in a package drafted by the House Ways and Means Committee[47]
  • Extended Affordable Care Act subsidies
  • More than one million new affordable housing units, and modernizing existing public housing
  • Expanded home care for elderly and disabled individuals through Medicaid
  • Creation of 1–2 million new apprenticeship slots
  • Electric car tax credit of $7,500, plus an extra $4,500 for American-made vehicles built with union labor
  • New tax credits for installing solar panels or weatherizing homes

The pending payment methods are:[44]

  • $400 billion from IRS reform, including the enforcement of tax payments from taxpayers making over $400,000[48]
  • $350 billion by imposing a 15% minimum tax on foreign corporate profits
  • $325 billion via a 15% corporate minimum tax (applying to corporations making over $1 billion for three consecutive years)[49]
  • $250 billion by closing a Medicare tax loophole benefiting the wealthy
  • $230 billion from an adjusted gross income surcharge on the 0.02% most wealthy, applying a 5% rate for those who make $10 million, and an additional 3% surtax above $25 million
  • $170 billion by reducing business losses of the wealthy
  • $145 billion by repealing the 2017 tax act's rebate rule regarding prescription drugs
  • $125 billion via a 1% surcharge on corporate stock buybacks

Legislative history

Budget framework negotiations

On July 13, the Democrats of the Senate Budget Committee reached a reconciliation budget limit agreement of $3.5 trillion in spending over the next decade.[50][51] The next day, the Senate released a framework, which included most of the provisions of the AFP.[52] On August 1, Manchin restated his opinion that the bipartisan and reconciliation bills should remain separate, citing concerns about the latter including how it would be paid for and uncertainty regarding whether it would pass.[53] Representative Alexandria Ocasio-Cortez responded by claiming that enough House Democrats would vote to block the passage of the bipartisan bill to force the approval of the incomplete reconciliation bill, citing the possibility of "a lot of corporate lobbyist giveaways" being hidden in the former.[54]

On August 10, the Senate voted along party lines to begin debating a $3.5 trillion budget resolution.[55] Early the next morning, the resolution passed along party lines.[56] In August, a group of several moderate Democratic representatives urged Pelosi to hold a separate House vote on the bipartisan bill,[57] writing, "We will not consider voting for a budget resolution until the bipartisan [bill] passes the House and is signed into law."[58] While reaffirming that the House would not take up the bipartisan bill before the reconciliation bill passes in the Senate,[23] Pelosi announced that she had asked the House Rules Committee to consider the possibility of a rule to advance both packages, though this did not immediately satisfy the group of moderates.[59]

On September 2, Manchin indicated that he only supported between $1–1.5 trillion of the reconciliation package, and called for a "strategic pause".[60] This prompted Biden to state, "I think we can work something out,"[36] and Schumer to say, "We're moving full speed ahead."[61] On September 12, Manchin confirmed that he would not yet support the bill, stating, "We don't have the need to rush into this".[62] Biden subsequently held meetings with Senators Manchin and Kyrsten Sinema to discuss their objections to the package.[63][64] Both House Majority Whip James Clyburn and House Budget Committee chairman John Yarmuth suggested that the bill could be reduced from $3.5 trillion and still meet the president's goals.[65][66]

On September 23, Schumer announced that the White House and both houses of Congress had reached an agreement concerning a bill payment framework, which he described as a "menu of options".[67] The House Budget Committee advanced the bill in a markup session on September 25; it was next expected be reviewed by the House Rules Committee.[68]

House passage

A procedural vote on a House rule concerning the infrastructure and reconciliation bills, as well as the John Lewis Voting Rights Act, passed along party lines on August 24.[69] On September 7, the administration proposed a stopgap spending bill to avoid a government shutdown at the beginning of October.[70] An initial stopgap bill, which included a provision to raise the debt ceiling, was passed by the House along party lines on September 21,[71] but was subsequently blocked along party lines in the Senate.[72] On September 30, a stopgap bill was passed to keep the government open until December 3, prolonging infrastructure negotiations.[73][70] In early December, a bill was passed to continue funding the government at existing levels through mid-February.[74]

A prospective deadline for the House to advance both the reconciliation and bipartisan bill passed on October 1.[75] On that date, Democratic leaders floated a $2.1 trillion compromise, but Manchin refused to budge above $1.5 trillion.[76] The next day, Pelosi set a new deadline of October 31,[77] having cited Biden's November trip to the 2021 United Nations Climate Change Conference as a hopeful incentive.[78] On October 3, Congressional Progressive Caucus chairwoman Pramila Jayapal rejected Manchin's suggested spending limit,[79] as well as his insistence on including the Hyde Amendment in an expansion to Medicaid.[80][81] Biden subsequently reaffirmed a target of about $2 trillion,[82] which Manchin signaled being open to.[83] Over the next few weeks, Democratic lawmakers reworked the bill to target the lower cost.[84] Pelosi stated on October 25 that over 90% of its contents had been agreed to.[85] On October 26, legislation for a 15% corporate minimum tax was unveiled;[86] Sinema, a key moderate, stated her support.[49] On October 28, the White House released a framework for the bill.[44] Senate Democrats set a new deadline for around November 19,[87] when the session recessed for Thanksgiving.[88]

On November 1, Manchin stated that he may not support the bill due to it allegedly costing more than claimed in the framework.[89][90] Senate Budget Committee chairman Bernie Sanders argued that the bipartisan bill, which Manchin helped negotiate, ran up to a $250 billion deficit, while the reconciliation bill was fully paid for.[91] On November 5, the House Rules Committee approved a rule, which if adopted, would kick off debate on the bill.[92] Several moderate Democrats requested a score from the nonpartisan Congressional Budget Office (CBO) before lending their support.[93][94] The score was released on November 18, finding that the bill would increase the budget deficit by $367 billion over ten years and that an estimated $127 billion would be offset by revenue generated through increased IRS tax enforcement (differing from the Treasury Department's estimate of $400 billion).[95][96] The same day, the House voted along party lines to advance the bill.[97] On November 19, the bill was passed 220–213 by the House; only one Democrat, Jared Golden of Maine, voted against it,[46] calling an increase in the SALT cap from $10,000 to $80,000 "a $275 billion tax giveaway to millionaires and the wealthy".[98]

Senate revisions

The Senate is expected to revise the bill before sending it back to the House for a final vote.[99] The Senate parliamentarian's review was expected to last through the week of December 7,[100][101] after which Schumer hopes to bring the bill to a vote—probably the week before Christmas after negotiations with Manchin and Sinema.[102][103][104][88][105] Manchin has voiced concerns about the bill including its potential effect on inflation and whether it can pass by Christmas;[106][107] he has called for changes to some of the tax provisions and cutting measures including paid family leave, a methane fee on energy producer emissions, a Medicare expansion to include hearing costs,[108] and the enhanced child tax credit.[109] Senators Sanders, Jon Tester and Bob Menendez have met to consider options to revise the SALT cap.[110] Manchin has been negotiating with Tom Carper over methane fees and how it would interact with Environmental Protection Agency methane regulations.[111]

On December 10, the CBO released a revised score at the request of senator Lindsey Graham and congressman Jason Smith to view the cost of the bill if certain provisions were extended for the full ten years,[112] although they are not actually set to.[107][113] The CBO reported that a 10-year extension of the bill would hypothetically increase the bill's gross cost to $4.9 trillion and increase the deficit by $3 trillion over a decade, assuming that the extensions would not be paid for.[112][114] McConnell and Graham rebuked the bill in light of the adjusted score, with Graham later stating that Manchin was "stunned" by it.[114][115] Democrats quickly denounced the report.[113][115][116] National Economic Council Director Brian Deese clarified that the revised score is of a "hypothetical future bill" that Biden would not support,[113] and Treasury Secretary Janet Yellen issued a memo to senators rebutting it as well as a Department of Labor report on the consumer price index indicating that inflation had reached its highest point in 40 years, which the White House attributes to supply-chain issues caused by the pandemic.[117][118] Biden later said that he did not know if he could secure Manchin's support for the bill; the two held talks on December 13 with plans to continue negotiating.[119][108] Earlier on that day, Manchin called the modified CBO score "very sobering" and further objected to the bill's reliance on temporary programs amid high inflation as the major reasons he has not yet backed the bill.[108][120]

Biden and Manchin are reportedly still at odds over the bill, which will likely put off its passage until 2022.[109][121] In response to Manchin's objection to the enhanced child tax credit, Senate Democrats defended the measure, arguing that it has greatly reduced child poverty.[109] Biden later acknowledged that procedural steps in reconciliation as well as negotiations with Manchin would delay the bill to 2022 but relayed his optimism that it would pass, as well as the competing priority of voting rights legislation.[122][123]

Senate Democrats are also engaging in meetings with Parliamentarian Elizabeth MacDonough to make sure all of the provisions comply with the Byrd Rule necessary for passing a bill via reconciliation.[111] They will need to make changes to a negotiated prescription drug pricing provision in the House bill which MacDonough found as violating the rule.[111] MacDonough also ruled against three separate Democratic proposals to reform immigration.[124] According to the CBO, the third effort would have granted temporary amnesty to about 6.5 million non-U.S. nationals, and many of them and others would have become lawful permanent residents.[125]

Reactions

According to an early August Harvard CAPS-Harris Poll survey, voters narrowly opposed the bill 51%–49%.[126] A CBC News poll from October 10 showed support for the bill at 54%, with 46% opposed.[127]

Shortly after the missed October 1 deadline to pass the reconciliation package, protestors separately confronted Senators Manchin and Sinema.[128][129]

In early December, economist Alan Blinder wrote an opinion article for The Wall Street Journal in favor of passing the bill.[130] In a Wall Street Journal conference, Tesla CEO Elon Musk argued that lawmakers should "can" the whole bill over concerns of the federal deficit and the electric vehicle (EV) tax credit, saying that his company "has made roughly two-thirds of all the electric cars in the United States" and that "We don't need the $7,500 tax credit."[131] A Data for Progress/Fighting Chance for Families poll found that support for making the child tax credit permanent (which the bill is only set to continue for a year) was about 50%.[132]

International responses

In a letter sent to eight Senate leaders, Deputy Prime Minister of Canada Chrystia Freeland and International Trade Minister Mary Ng detailed their concerns with the extra $4,500 EV tax credit for American-made (union-manufactured) vehicles and threatened that if it is passed, Canada would retaliate by launching a dispute settlement process under the USMCA along with tariffs targeting various American industries, including the auto sector and dairy.[133][134][135]

Mexico also threatened retaliation if the extra $4,500 EV tax credit is passed.[134][135]

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