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The Build Back Better Act was a
bill Bill(s) may refer to: Common meanings * Banknote, paper cash (especially in the United States) * Bill (law), a proposed law put before a legislature * Invoice, commercial document issued by a seller to a buyer * Bill, a bird or animal's beak Pla ...
introduced in the
117th Congress The 117th United States Congress is the current meeting of the legislative branch of the United States federal government, composed of the United States Senate and the United States House of Representatives. It convened in Washington, D.C., on ...
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 The Infrastructure Investment and Jobs Act (IIJA), also known as the Bipartisan Infrastructure Bill and originally in the House as the INVEST in America ActH.R. 3684, is a United States federal statute enacted by the 117th United States Congress ...
, as a $3.5 trillion Democratic
reconciliation Reconciliation or reconcile may refer to: Accounting * Reconciliation (accounting) Arts, entertainment, and media Sculpture * ''Reconciliation'' (Josefina de Vasconcellos sculpture), a sculpture by Josefina de Vasconcellos in Coventry Cathedra ...
package that included provisions related to
climate change In common usage, climate change describes global warming—the ongoing increase in global average temperature—and its effects on Earth's climate system. Climate change in a broader sense also includes previous long-term changes to ...
and
social policy Social policy is a plan or action of government or institutional agencies which aim to improve or reform society. Some professionals and universities consider social policy a subset of public policy, while other practitioners characterize soci ...
. Following negotiations, the price was lowered to approximately $1.7 trillion. The bill was passed 220–213 by the
House of Representatives House of Representatives is the name of legislative bodies in many countries and sub-national entitles. In many countries, the House of Representatives is the lower house of a bicameral legislature, with the corresponding upper house often c ...
on November 19, 2021. During negotiations, Senator
Joe Manchin Joseph Manchin III (born August 24, 1947) is an American politician and businessman serving as the senior United States senator from West Virginia, a seat he has held since 2010. A member of the Democratic Party, Manchin was the 34th governor o ...
publicly pulled his support from the bill for not matching his envisioned cost of about $1.75 trillion due to provisions that lasted for less than ten years. After renegotiating the reduction of the Build Back Better Act's size, scope, and cost with Biden and Democratic congressional leaders, Manchin ultimately rejected the bill over the procedural tactics used. Continued negotiations between Manchin and Senate Majority Leader
Chuck Schumer Charles Ellis Schumer ( ; born November 23, 1950) is an American politician serving as Senate Majority Leader since January 20, 2021. A member of the Democratic Party, Schumer is in his fourth Senate term, having held his seat since 1999, an ...
eventually resulted in the Inflation Reduction Act of 2022, which incorporated some of the Build Back Better Act's climate change, healthcare, and tax reform proposals while excluding its social safety net proposals.


Background

Before the bill was spun off from the American Jobs Plan (AJP), on April 5, 2021, Senator
Joe Manchin Joseph Manchin III (born August 24, 1947) is an American politician and businessman serving as the senior United States senator from West Virginia, a seat he has held since 2010. A member of the Democratic Party, Manchin was the 34th governor o ...
proposed raising the
corporate tax A corporate tax, also called corporation tax or company tax, is a direct tax imposed on the income or capital of corporations or analogous legal entities. Many countries impose such taxes at the national level, and a similar tax may be imposed a ...
rate from 21% to 25%, instead of the 28% Biden originally called for. On May 25, Republican senators
Pat Toomey Patrick Joseph Toomey Jr. (born November 17, 1961) is an American businessman and politician serving as the junior United States senator for Pennsylvania since 2011. A member of the Republican Party, he served three terms as the U.S. representa ...
and
Roger Wicker Roger Frederick Wicker (born July 5, 1951) is an American attorney and politician serving as the senior United States senator from Mississippi, in office since 2007. A member of the Republican Party, Wicker previously served as a member of the ...
indicated a lack of support within their caucus to change aspects of the 2017 tax act, and suggested repurposing unspent COVID-19 relief funds. 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. 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%. On June 5, finance ministers from
Group of Seven The Group of Seven (G7) is an intergovernmental political forum consisting of Canada, France, Germany, Italy, Japan, the United Kingdom and the United States; additionally, the European Union (EU) is a "non-enumerated member". It is officiall ...
announced that they would support a global 15% corporate tax minimum. On May 17, seven Democrats on the
House Ways and Means Committee The Committee on Ways and Means is the chief tax-writing committee of the United States House of Representatives. The committee has jurisdiction over all taxation, tariffs, and other revenue-raising measures, as well as a number of other progra ...
signed a letter to the president asking him to prioritize enhanced
unemployment insurance Unemployment benefits, also called unemployment insurance, unemployment payment, unemployment compensation, or simply unemployment, are payments made by authorized bodies to unemployed people. In the United States, benefits are funded by a comp ...
(UI) and direct payments (in the style of those included in response to 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 lifelineto families and workers that have had their lives upended by the pandemic". 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 Poverty is the state of having few material possessions or little income. Poverty can have diverse
. On May 28, Senate Parliamentarian
Elizabeth MacDonough Elizabeth MacDonough (born February 16, 1966) is an American lawyer and the Parliamentarian of the United States Senate since 2012. She is the first woman to hold the position. Early life and education MacDonough grew up near Washington DC, grad ...
indicated that the current rules dictate that the
reconciliation Reconciliation or reconcile may refer to: Accounting * Reconciliation (accounting) Arts, entertainment, and media Sculpture * ''Reconciliation'' (Josefina de Vasconcellos sculpture), a sculpture by Josefina de Vasconcellos in Coventry Cathedra ...
process should not be used more than once during a
fiscal year A fiscal year (or financial year, or sometimes budget year) is used in government accounting, which varies between countries, and for budget purposes. It is also used for financial reporting by businesses and other organizations. Laws in many ...
. A majority in the Senate Budget Committee would be needed to change this. On June 3, Senator Manchin advocated against using reconciliation, though other Democrats supported it. On June 16, Senate Majority Leader
Charles Schumer Charles Ellis Schumer ( ; born November 23, 1950) is an American politician serving as Senate Majority Leader since January 20, 2021. A member of the Democratic Party (United States), Democratic Party, Schumer is in his fourth Senate term, hav ...
met with the Democratic members of the Senate Budget Committee to discuss the option of passing a
budget resolution The United States budget process is the framework used by Congress and the President of the United States to formulate and create the United States federal budget. The process was established by the Budget and Accounting Act of 1921, the Congress ...
using reconciliation. Democrats were reportedly considering such a bill around $6 trillion. In late June, Manchin said he was open to adjusting the 2017 tax bill and stated his support for a $2 trillion reconciliation bill. 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 Child care, otherwise known as day care, is the care and supervision of a child or multiple children at a time, whose ages range from two weeks of age to 18 years. Although most parents spend a significant amount of time caring for their child(r ...
,
home care Homecare (also spelled as home care) is health care or supportive care provided by a professional caregiver in the individual home where the patient or client is living, as opposed to care provided in group accommodations like clinics or nursing h ...
, and climate change) must also pass, whether through bipartisanship or reconciliation, but later walked back this position. White House officials stated on July 7 that legislative text was nearing completion. On July 14, the Senate Energy and Natural Resources Committee advanced an energy bill expected to be included in the bipartisan package. House Speaker
Nancy Pelosi Nancy Patricia Pelosi (; ; born March 26, 1940) is an American politician who has served as Speaker of the United States House of Representatives since 2019 and previously from 2007 to 2011. She has represented in the United States House of ...
similarly stated that the House would not vote on the physical infrastructure bill until the larger bill passes in the Senate, 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.


Provisions


Original version

The original version of the bill was estimated to cost $3.5 trillion. It may have increased the
state and local tax deduction The United States federal state and local tax (SALT) deduction is an itemized deduction that allows taxpayers to deduct certain taxes paid to state and local governments from their adjusted gross income. The Tax Cuts and Jobs Act of 2017 put a ...
(SALT) deduction limit (which was set at $10,000 in the Tax Cuts and Jobs Act of 2017). It was also expected to include the
Protecting the Right to Organize Act The Protecting the Right to Organize Act, or PRO Act, is a proposed United States law that would amend previous labor laws such as the National Labor Relations Act, for the purpose of expanding "various labor protections related to employees' r ...
labor bill, set a
clean electricity Renewable energy is energy that is collected from renewable resources that are naturally replenished on a human timescale. It includes sources such as sunlight, wind, the movement of water, and geothermal heat. Although most renewable ener ...
standard called the Clean Energy Performance Program, and reform immigration to the extent allowed by reconciliation rules. On September 9, 2021, Analysis Group published a report commissioned by Evergreen Action and the
Natural Resources Defense Council The Natural Resources Defense Council (NRDC) is a United States-based 501(c)(3) non-profit international environmental advocacy group, with its headquarters in New York City and offices in Washington D.C., San Francisco, Los Angeles, Chicago, Bo ...
. 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. 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 The Arctic National Wildlife Refuge (ANWR or Arctic Refuge) is a national wildlife refuge in northeastern Alaska, United States on traditional Gwich'in lands. It consists of in the Alaska North Slope region. It is the largest national wildli ...
for
drilling Drilling is a cutting process where a drill bit is spun to cut a hole of circular cross-section in solid materials. The drill bit is usually a rotary cutting tool, often multi-point. The bit is pressed against the work-piece and rotated at ...
, and would have banned
offshore drilling Offshore drilling is a mechanical process where a wellbore is drilled below the seabed. It is typically carried out in order to explore for and subsequently extract petroleum that lies in rock formations beneath the seabed. Most commonly, the t ...
in both the
Atlantic The Atlantic Ocean is the second-largest of the world's five oceans, with an area of about . It covers approximately 20% of Earth's surface and about 29% of its water surface area. It is known to separate the " Old World" of Africa, Europe ...
and
Pacific The Pacific Ocean is the largest and deepest of Earth's five oceanic divisions. It extends from the Arctic Ocean in the north to the Southern Ocean (or, depending on definition, to Antarctica) in the south, and is bounded by the contine ...
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. The
House Science Committee The Committee on Science, Space, and Technology is a committee of the United States House of Representatives. It has jurisdiction over non-defense federal scientific research and development. More specifically, the committee has complete jurisd ...
's $45.51 billion portion included over $4 billion for
NASA The National Aeronautics and Space Administration (NASA ) is an independent agency of the US federal government responsible for the civil space program, aeronautics research, and space research. NASA was established in 1958, succeedin ...
(although not for
human space exploration Human spaceflight (also referred to as manned spaceflight or crewed spaceflight) is spaceflight with a crew or passengers aboard a spacecraft, often with the spacecraft being operated directly by the onboard human crew. Spacecraft can also be ...
). Democrats of the House Transportation Committee proposed $10 billion for transit support, $10 billion for high-speed rail, $4 billion to lower
carbon emissions Greenhouse gas emissions from human activities strengthen the greenhouse effect, contributing to climate change. Most is carbon dioxide from burning fossil fuels: coal, oil, and natural gas. The largest emitters include coal in China and l ...
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. The bill was expected to generate $1.5 trillion in revenue from corporations and the wealthy. 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%) 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 due to opposition from Senator Sinema. Progressive lawmakers pushed in early versions of the bill for funding numerous programs such as the
child tax credit A child tax credit (CTC) is a tax credit for parents with dependent children given by various countries. The credit is often linked to the number of dependent children a taxpayer has and sometimes the taxpayer's income level. For example, in ...
, earned income tax credit, and
Affordable Care Act The Affordable Care Act (ACA), formally known as the Patient Protection and Affordable Care Act and colloquially known as Obamacare, is a landmark U.S. federal statute enacted by the 111th United States Congress and signed into law by Pres ...
subsidies permanently or to 2025, hoping that funding would be renewed.


Revised version

The revised version of the bill is estimated to cost approximately $2.2 trillion. The White House's legislative framework, the costs of which were disputed by nonpartisan estimates, includes: * $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: *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 that complies with ideological requirements) *$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 Sick leave (or paid sick days or sick pay) is paid time off from work that workers can use to stay home to address their health needs without losing pay. It differs from paid vacation time or time off work to deal with personal matters, because sic ...
(included in a package drafted by the House Ways and Means Committee) *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 Medicaid in the United States is a federal and state program that helps with healthcare costs for some people with limited income and resources. Medicaid also offers benefits not normally covered by Medicare, including nursing home care and per ...
*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: * $400 billion from IRS reform, including the enforcement of tax payments from taxpayers making over $400,000 * $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) * $250 billion by closing a Medicare tax loophole benefiting the wealthy * $230 billion from an
adjusted gross income In the United States income tax system, adjusted gross income (AGI) is an individual's total gross income minus specific deductions. It is used to calculate taxable income, which is AGI minus allowances for personal exemptions and itemized deduc ...
surcharge on the 0.02% most wealthy, applying a 5% rate for those who make $10 million, and an additional 3%
surtax A surtax is a tax levied upon another tax, also known as tax surcharge. Canada The provincial portion of the value-added tax on goods and services in two Canadian jurisdictions, Québec and Prince Edward Island, was formerly calculated as a surt ...
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. The next day, the Senate released a framework, which included most of the provisions of the AFP. 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. Representative
Alexandria Ocasio-Cortez Alexandria Ocasio-Cortez (; ; born October 13, 1989), also known by her initials AOC, is an American politician and activist. She has served as the U.S. representative for New York's 14th congressional district since 2019, as a member of ...
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 In politics, lobbying, persuasion or interest representation is the act of lawfully attempting to influence the actions, policies, or decisions of government officials, most often legislators or members of regulatory agencies. Lobbying, which ...
giveaways" being hidden in the former. On August 10, the Senate voted along party lines to begin debating a $3.5 trillion budget resolution. Early the next morning, the resolution passed along party lines. In August, a group of several moderate Democratic representatives urged Pelosi to hold a separate House vote on the bipartisan bill, writing, "We will not consider voting for a budget resolution until the bipartisan
ill ILL may refer to: * ''I Love Lucy'', a landmark American television sitcom * Illorsuit Heliport (location identifier: ILL), a heliport in Illorsuit, Greenland * Institut Laue–Langevin, an internationally financed scientific facility * Interlibrar ...
passes the House and is signed into law." While reaffirming that the House would not take up the bipartisan bill before the reconciliation bill passes in the Senate, 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. On September 2, Manchin indicated that he only supported between $1–1.5 trillion of the reconciliation package, and called for a "strategic pause". This prompted Biden to state, "I think we can work something out," and Schumer to say, "We're moving full speed ahead." On September 12, Manchin confirmed that he would not yet support the bill, stating, "We don't have the need to rush into this". Biden subsequently held meetings with Senators Manchin and
Kyrsten Sinema Kyrsten Lea Sinema (; born July 12, 1976) is an American politician and former social worker serving as the senior United States senator from Arizona since January 2019. A former member of the Democratic Party, Sinema became an independent i ...
to discuss their objections to the package. Both House Majority Whip
James Clyburn James Enos Clyburn (born July 21, 1940) is an American politician and retired educator serving as a Democratic member of the U.S. House of Representatives from South Carolina. He has served as House Majority Whip since 2019. He is a two-time maj ...
and House Budget Committee chairman
John Yarmuth John Allan Yarmuth ( ; born November 4, 1947) is an American politician and former newspaper editor serving as the U.S. representative for since 2007. His district encompasses the vast majority of the Louisville Metro Area. Since 2013, he has b ...
suggested that the bill could be reduced from $3.5 trillion and still meet the president's goals. 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". 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. On September 30, ''
Politico ''Politico'' (stylized in all caps), known originally as ''The Politico'', is an American, German-owned political journalism newspaper company based in Arlington County, Virginia, that covers politics and policy in the United States and intern ...
'' reported that Manchin and Schumer secretly signed an agreement proposed by the former in July to limit the total cost of the reconciliation bill to $1.5 trillion. In the text of the agreement, Manchin outlined his conditions for the bill and did not guarantee that he would vote for the final legislation if it exceeded his demands. A spokesperson for Schumer said that that he "mererly acknowledged" Manchin's stance on the bill and would try to dissuade him on some of his demands.


House passage

A procedural vote on a House rule concerning the infrastructure and reconciliation bills, as well as the
John Lewis Voting Rights Act The John R. Lewis Voting Rights Advancement Act of 2021H.R. 4 is proposed voting rights legislation named after civil rights activist John Lewis. The bill would restore and strengthen parts of the Voting Rights Act of 1965, most notably its requi ...
, passed along party lines on August 24. On September 7, the administration proposed a stopgap spending bill to avoid a
government shutdown A government shutdown occurs when the legislative branch does not pass key bills which fund or authorize the operations of the executive branch, resulting in the cessation of some or all operations of a government. Government shutdowns in the Un ...
at the beginning of October. An initial stopgap bill, which included a provision to raise the
debt ceiling A debt limit or debt ceiling is a legislative mechanism restricting the total amount that a country can borrow or how much debt it can be permitted to take on. Several countries have debt limitation restrictions. Description A debt limit is a l ...
, was passed by the House along party lines on September 21, but was subsequently blocked along party lines in the Senate. On September 30, a stopgap bill was passed to keep the government open until December 3, prolonging infrastructure negotiations. In early December, a bill was passed to continue funding the government at existing levels through mid-February. A prospective deadline for the House to advance both the reconciliation and bipartisan bill passed on October 1. On that date, Democratic leaders floated a $2.1 trillion compromise, but Manchin refused to budge above $1.5 trillion. The next day, Pelosi set a new deadline of October 31, having cited Biden's November trip to the
2021 United Nations Climate Change Conference The 2021 United Nations Climate Change Conference, more commonly referred to as COP26, was the 26th United Nations Climate Change conference, held at the SEC Centre in Glasgow, Scotland, United Kingdom, from 31 October to 13 November 2021. The ...
as a hopeful incentive. On October 3,
Congressional Progressive Caucus The Congressional Progressive Caucus (CPC) is a congressional caucus affiliated with the Democratic Party in the United States Congress. The CPC represents the most left-leaning faction of the Democratic Party. " e Congressional Progressive Cau ...
chairwoman
Pramila Jayapal Pramila Jayapal ( ; born September 21, 1965) is an American politician serving as the U.S. representative from since 2017. A member of the Democratic Party, she represents most of Seattle, as well as some suburban areas of King County. Jayapal ...
rejected Manchin's suggested spending limit, as well as his insistence on including the Hyde Amendment in an expansion to Medicaid. Biden subsequently reaffirmed a target of about $2 trillion, which Manchin signaled being open to. Over the next few weeks, Democratic lawmakers reworked the bill to target the lower cost. Pelosi stated on October 25 that over 90% of its contents had been agreed to. On October 26, legislation for a 15% corporate minimum tax was unveiled; Sinema, a key moderate, stated her support. On October 28, the White House released a framework for the bill. Senate Democrats set a new deadline for around November 19, when the session recessed for Thanksgiving. On November 1, Manchin stated that he may not support the bill due to it allegedly costing more than claimed in the framework. Senate Budget Committee chairman
Bernie Sanders Bernard Sanders (born September8, 1941) is an American politician who has served as the junior United States senator from Vermont since 2007. He was the U.S. representative for the state's at-large congressional district from 1991 to 20 ...
argued that the bipartisan bill, which Manchin helped negotiate, ran up to a $250 billion deficit, while the reconciliation bill was fully paid for. On November 5, the House Rules Committee approved a rule, which if adopted, would kick off debate on the bill. Several moderate Democrats requested a score from the nonpartisan
Congressional Budget Office The Congressional Budget Office (CBO) is a List of United States federal agencies, federal agency within the United States Congress, legislative branch of the United States government that provides budget and economic information to Congress. Ins ...
(CBO) before lending their support. 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 The Internal Revenue Service (IRS) is the revenue service for the United States federal government, which is responsible for collecting U.S. federal taxes and administering the Internal Revenue Code, the main body of the federal statutory tax ...
tax enforcement (differing from the Treasury Department's estimate of $400 billion). The same day, the House voted along party lines to advance the bill. On November 19, the bill was passed 220–213 by the House; only one Democrat,
Jared Golden Jared Forrest Golden (born July 25, 1982) is an American politician and a Marine Corps veteran serving as the U.S. representative for Maine's 2nd congressional district since 2019. A member of the Democratic Party, his district, the largest ea ...
of Maine, voted against it, calling an increase in the SALT cap from $10,000 to $80,000 "a $275 billion tax giveaway to millionaires and the wealthy".


Senate revisions


Initial negotiations

The Senate is expected to revise the bill before sending it back to the House for a final vote. The Senate parliamentarian's review was expected to last through the week of December 7, after which Schumer hopes to bring the bill to a vote—probably the week before Christmas after negotiations with Manchin and Sinema. Manchin has voiced concerns about the bill including its potential effect on
inflation In economics, inflation is an increase in the general price level of goods and services in an economy. When the general price level rises, each unit of currency buys fewer goods and services; consequently, inflation corresponds to a reduct ...
and whether it can pass by Christmas; he has called for changes to some of the tax provisions and cutting measures including paid family leave (which costs over $200 billion), a methane fee on energy producer emissions, a Medicare expansion to include hearing costs, and the enhanced child tax credit. Manchin has been negotiating with
Tom Carper Thomas Richard Carper (born January 23, 1947) is an American politician and former military officer serving as the senior United States senator from Delaware, having held the seat since 2001. A member of the Democratic Party, Carper served i ...
over methane fees and how it would interact with
Environmental Protection Agency A biophysical environment is a biotic and abiotic surrounding of an organism or population, and consequently includes the factors that have an influence in their survival, development, and evolution. A biophysical environment can vary in scale ...
methane regulations. Senators Sanders,
Jon Tester Raymond Jon Tester (born August 21, 1956) is an American farmer and politician serving as the senior United States senator from Montana, a seat he has held since 2007. A member of the Democratic Party, Tester is the dean of Montana's congressi ...
and
Bob Menendez Robert Menendez (; born January 1, 1954) is an American lawyer and politician serving as the Seniority in the United States Senate, senior United States senator from New Jersey, a seat he has held since 2006. Gale (publisher), Gale Biography I ...
have met to consider options to revise the SALT cap. On December 10, the CBO released a revised score at the request of senator
Lindsey Graham Lindsey Olin Graham (born July 9, 1955) is an American lawyer and politician serving as the senior United States senator from South Carolina, a seat he has held since 2003. A member of the Republican Party, Graham chaired the Senate Committee on ...
and congressman Jason Smith to view the cost of the bill if certain provisions were extended for the full ten years, although they are not actually set to. 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. Republicans rebuked the bill in light of the adjusted score, with Graham later stating that Manchin was "stunned" by it. Democrats quickly denounced the report. National Economic Council Director Brian Deese clarified that the revised score is of a "hypothetical future bill" that Biden would not support, and Treasury Secretary
Janet Yellen Janet Louise Yellen (born August 13, 1946) is an American economist serving as the 78th United States secretary of the treasury since January 26, 2021. She previously served as the 15th chair of the Federal Reserve from 2014 to 2018. Yellen is ...
issued a memo to senators rebutting it as well as a Department of Labor report on the
consumer price index A consumer price index (CPI) is a price index, the price of a weighted average market basket of consumer goods and services purchased by households. Changes in measured CPI track changes in prices over time. Overview A CPI is a statisti ...
indicating that inflation had reached its highest point in 40 years, which the White House attributes to supply-chain issues caused by the pandemic. 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. 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 had not yet backed the bill. Manchin has repeatedly voiced numerous concerns with extending the child tax credit, which is expected to expire. Senate Democrats defended the enhanced child tax credit, arguing that it has greatly reduced
child poverty Child poverty refers to the state of children living in poverty and applies to children from poor families and orphans being raised with limited or no state resources. UNICEF estimates that 356 million children live in extreme poverty. It's es ...
. As of December 2021, the payments reduced child poverty by 30–40% and food insecurity among low-income families by 25%. He has demanded that the child tax credit be narrowly tailored with work requirements, which Biden did not agree to. Manchin argued that Democrats are relying on multiple temporary programs such as the child tax credit that are intended to be extended yearly without funding, and called for the White House to be transparent on its funding in light of the revised CBO score and extend it for 10 years instead of one, which would cost $1.6 trillion. Such an extension would likely force out other priorities in the bill. When Manchin was confronted by reporters on news that he wanted to "zero ... out" the child tax credit from the package, he angrily denied wanting to cut it from the bill, calling them "bullshit". Manchin also privately raised concerns that parents would use their child tax credit payments to buy drugs and abuse paid leave to go hunting during deer season, which shocked his colleagues. He denied he made those concerns and stated through a spokesperson he only objected to the cost. The Census Bureau has published monthly survey data reporting that low-income families that receive the payments have reported using it mostly on necessities like food, utilities, clothing and education. By mid-December, the Senate Energy and Natural Resources Committee had stripped a ban on all future offshore drilling from the House bill. Manchin, the committee's chairman, also sought to raise onshore drilling royalty rates for the federal oil and gas leasing program to only 16.7% (from 12.5%), instead of the House bill's 18.75%. On December 16, Biden acknowledged that negotiations with Manchin and both parliamentary and procedural steps regarding reconciliation would delay the bill to 2022 but relayed his optimism that it would pass, as well as the competing priority of
voting rights Suffrage, political franchise, or simply franchise, is the right to vote in representative democracy, public, political elections and referendums (although the term is sometimes used for any right to vote). In some languages, and occasionally i ...
legislation. Following meetings with Parliamentarian Elizabeth MacDonough to make sure all of the provisions comply with the
Byrd Rule Budget reconciliation is a special parliamentary procedure of the United States Congress set up to expedite the passage of certain budgetary legislation in the United States Senate. The procedure overrides the filibuster rules in the Senate, w ...
necessary for passing a bill via reconciliation, Senate Democrats will need to make changes to a negotiated prescription drug pricing provision in the House bill which MacDonough found as violating the rule. MacDonough also ruled against three separate Democratic proposals to reform immigration. 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 Permanent residency is a person's legal resident status in a country or territory of which such person is not a citizen but where they have the right to reside on a permanent basis. This is usually for a permanent period; a person with such ...
. Some Senate Democrats affirmed that they would seek to include immigration measures regardless of the ruling, with
Elizabeth Warren Elizabeth Ann Warren ( née Herring; born June 22, 1949) is an American politician and former law professor who is the senior United States senator from Massachusetts, serving since 2013. A member of the Democratic Party and regarded as ...
arguing that "The reconciliation bill has included immigration provisions multiple times in the past." On December 14, Manchin quietly presented the White House with an alternate proposal of a scope closer to $1.75 trillion. Manchin's proposal included universal pre-K funded for 10 years, expanded ACA subsidies, and climate change mitigation efforts, but notably excluded an extension of the child tax credit for which he has repeatedly voiced fiscal concerns. It excluded funding for housing and racial equity initiatives, and included proposed tax hikes that Sinema had already opposed.


Manchin's standoff

On December 19, Manchin announced on both '' Fox News Sunday'' and his website that he would not support the bill, citing several factors including the bill's structure, high inflation, the
national debt A country's gross government debt (also called public debt, or sovereign debt) is the financial liabilities of the government sector. Changes in government debt over time reflect primarily borrowing due to past government deficits. A deficit oc ...
, the severe spread of the COVID-19 Omicron variant, and "geopolitical uncertainty as tensions rise with both Russia and China." He added that many programs, specifically naming the child tax credit, would be extended year after year for a decade, inflating the bill's true cost. The White House, surprised and angered at Manchin's sudden reversal after months of negotiations, unsuccessfully tried to contact him before his announcement. White House Press Secretary Psaki announced a willingness to continue negotiating with Manchin, but said if he was done negotiating this would represent "a sudden and inexplicable reversal in his position" and a "breach of his commitments" to the president and Democratic lawmakers. Biden called Manchin the night of the announcement and discussed reengaging in negotiations in 2022. Among others, Representatives
Ayanna Pressley Ayanna Soyini Pressley (born February 3, 1974) is an American politician who has served as the U.S. representative for Massachusetts's 7th congressional district since 2019. This district includes the northern three quarters of Boston, most of C ...
and Madeleine Dean criticized Manchin for not negotiating in good faith, and both Pressley and Representative
Tom Malinowski Tomasz "Tom" P. Malinowski (; born September 23, 1965) is an American politician and diplomat who is the U.S. representative from New Jersey's 7th congressional district. A Democrat, he served as Assistant Secretary of State for Democracy, Huma ...
suggested that he was derailing Biden's agenda before the 2022 midterm elections. Several senators called for a floor vote to force Manchin to publicly vote against the bill. Some Democrats called for a piecemeal approach to the bill's contents to sway Manchin and party leaders back into negotiations. Republicans commended Manchin for rejecting the bill. On December 20, Manchin said that the bill lacked "accountability" measures to taper its benefits and criticized White House staff for their handling of negotiations; this including being singled out in a December 16 statement by Biden on the stalled negotiations, which Manchin opposed because he thought it would bring unwanted attention to him and his family. He also blamed Democrats and activists for ignoring his point of view since July, specifically that the bill should only cost $1.5 trillion, as they need all 50 Senate votes to pass the bill. Manchin said he would not soon support a less expensive reconciliation bill, saying he would prefer it go through Senate committees, which could take months; he also stated his preference for the standard legislative process, which would require the support of at least 10 Republicans. Pelosi vowed that her caucus would not give up, expressing optimism that Manchin would come around. Schumer announced that the Senate would vote on the bill in January 2022 to make public each senator's position. On December 21, Biden insisted that the bill would fight inflation and address medical costs, expressing optimism he could get Manchin to agree. One day before the Senate reconvened on January 3, 2022, '' Axios'' reported that Manchin was willing to resume negotiations if the enhanced child tax credit was struck or modified to significantly lower the income caps governing eligibility. That day, Schumer said that voting legislation would take immediate precedence. On January 4, Manchin affirmed that "There is no negotiation going on at this time." Some Democrats called to separately pass the climate provisions of the bill after Manchin expressed support on a climate change and clean energy agreement, though he had strong objections to some energy measures he considered punitive to his home state. Manchin had entered discussions with those seeking to gain his support, among them
Counselor to the President Counselor or counsellor may refer to: A professional In diplomacy and government * Counsellor of State, senior member of the British royal family to whom the Monarch can delegate some functions in case of unavailability * Counselor (dip ...
Steve Ricchetti, Donald Trump's National Economic Council director Larry Kudlow, and Senator
Mitt Romney Willard Mitt Romney (born March 12, 1947) is an American politician, businessman, and lawyer serving as the junior United States senator from Utah since January 2019, succeeding Orrin Hatch. He served as the 70th governor of Massachusetts ...
; they declined to discuss their conversations to reporters. In February 2021 Romney had offered an alternative proposal for the child tax credit, which earned criticism from his GOP colleagues as "welfare assistance". On January 8, 2022, after a collapse in negotiations, Manchin pulled support for the alternative proposal he had presented to the White House in December 2021. He said he was no longer involved in White House discussions and privately signaled that he was no longer interested in supporting any form of the legislation unless Democrats fundamentally change the bill on his terms. Some Democratic strategists argued in favor of continuing to negotiate with Manchin to craft a new version of the bill. On January 16, Senator
Tim Kaine Timothy Michael Kaine (; born February 26, 1958) is an American lawyer and politician serving as the junior United States senator from Virginia since 2013. A member of the Democratic Party, he served as the 38th lieutenant governor of Virgi ...
said that although the full package was effectively dead, he still believed that lawmakers would "find the core of the bill and pass it". The White House subsequently touted its accomplishments and support for the bill in a statement and dismissed the dire status of negotiations. On January 19, Biden acknowledged that it would be better to pass "big chunks" of the bill and try to negotiate other aspects later. He said he thought the provisions for clean energy and early education could pass, but expressed doubt about the child tax credit and college tuition aid. On January 20, Pelosi acknowledged that she expected the bill to be scaled down and rebranded to continue negotiations. She asserted that the bill's provisions related to combatting climate change, expanding health care coverage, and lowering prescription drug costs should remain, but also expressed doubt on universal preschool and the child tax credit. Manchin reiterated that he had pulled support for his compromise bill and that future negotiations would start "from scratch". He maintained that any future bill would have to deal with the pandemic, inflation, the national debt, and prescription drug prices to earn his support. Later in the day, several House Democrats said they would only support a bill if it included an increase to the SALT cap. On February 1, Manchin said that he was not in discussions over the bill, calling it "dead", and mentioned inflation, COVID-19 and the ongoing
Russo-Ukrainian crisis The Russo-Ukrainian War; uk, російсько-українська війна, rosiisko-ukrainska viina. has been ongoing between Russia (alongside Russian separatist forces in Donbas, Russian separatists in Ukraine) and Ukraine since Feb ...
as more important priorities. Sanders strongly criticized his comments.


Attempts to salvage and final result

After failing to pass the Build Back Better Act earlier in the year, Democrats attempted to pass key provisions of the bill more in line with Manchin's demands. According to Kaine, who is close to Manchin, his party was aiming to pass pieces of the legislation during the spring, preferably by Memorial Day, or before the congressional recess in August 2022. Manchin's spokesperson Sam Runyon said that Manchin had expressed willingness to reengage in negotiations. Progressive Democrats signaled the possibility of a deal with Manchin, but some expressed concern. Manchin said he would not write a partisan bill, believing the White House or Senate Majority Leader Schumer should write it for him to sign off on should it meet his requirements. After missing the Memorial Day deadline, Senator
Ron Wyden Ronald Lee Wyden (; born May 3, 1949) is an American politician and retired educator serving as the senior United States senator from Oregon, a seat he has held since 1996. A member of the Democratic Party, he served in the United States Hou ...
said that the new deadline was August 1, 2022, when Congress goes into recess. Manchin said that, besides what he will accept, he wanted efforts to combat inflation as an important priority in the bill. In July, Senate Democrats reached an agreement to end a tax loophole to extend the solvency of Medicare, lower prescription drug prices and raise at least $250 billion in revenue. Manchin opposed sending direct payments to companies that generate clean energy for consumer use and capped energy spending at around $300 billion. On July 27, Manchin and Schumer announced the Inflation Reduction Act of 2022, the final result of these negotiations, surprising other congressional Democrats. The bill, which includes provisions on tax, health care, and climate and energy spending, was introduced in the Senate as an amendment to the Build Back Better Act. On August 7, the Senate passed the bill on a 50–50 vote with
Vice President A vice president, also director in British English, is an officer in government or business who is below the president (chief executive officer) in rank. It can also refer to executive vice presidents, signifying that the vice president is on ...
Harris breaking the tie. On August 12, 2022, the House passed the bill on a 220–207 vote. President Biden signed it into law on August 16.


Expected impact


Economic

Analysts from the Tax Foundation,
Tax Policy Center The Urban-Brookings Tax Policy Center, typically shortened to the Tax Policy Center (TPC), is a nonpartisan think tank based in Washington D.C. A joint venture of the Urban Institute and the Brookings Institution, it aims to provide independent ...
,
Committee for a Responsible Federal Budget The Committee for a Responsible Federal Budget (CRFB) is a non-profit public policy organization based in Washington, D.C. that addresses federal budget and fiscal issues. It was founded in 1981 by former United States Representatives Robert G ...
and Moody's Analytics all agreed that the bill will cause a modest short-term increase in inflation and have a marginal impact over the long run. In early December, economist Alan Blinder wrote an opinion article for ''
The Wall Street Journal ''The Wall Street Journal'' is an American business-focused, international daily newspaper based in New York City, with international editions also available in Chinese and Japanese. The ''Journal'', along with its Asian editions, is published ...
'' in favor of passing the bill.
Goldman Sachs Goldman Sachs () is an American multinational investment bank and financial services company. Founded in 1869, Goldman Sachs is headquartered at 200 West Street in Lower Manhattan, with regional headquarters in London, Warsaw, Bangalore, Ho ...
cut its economic forecast for the U.S. after Manchin rejected the bill, lowering its GDP growth forecasts in the first three quarters of 2022. It further noted that upcoming inflation and the Omicron variant's spread would further discourage support for the bill as a priority. Moody's Analytics was also likely to downgrade its U.S. economic forecast in the days after Manchin's announcement.


Energy

The bill's clean energy provisions, especially its $320 billion investment in clean energy and electric vehicle tax credits, are expected to fulfill Biden's goal of cutting emissions by 50% by 2030. Congressional Progressive Caucus chair Pramila Jayapal called for executive action on those provisions in light of Manchin expressing his opposition to the bill.


Health

The passage of the Build Back Better Act would help expand Medicare services for older adults with sensory impairments. The initial proposal of this bill aims to address gaps in Medicare such as dental, vision and hearing coverage–however both dental and vision benefits were removed following objections from Sen. Joe Manchin and Sen. Kyrsten Sinema. Currently, Medicare only covers limited hearing services such as cochlear implantation. The Build Back Better Act would add hearing services subject to Medicare Part B deductible and 20% coinsurance from 2023; these services include hearing aids for moderately severe to profound hearing loss and services offered by audiologists. In the United States, among older adults who can benefit from hearing aids, only 1 in 3 reported ever using them. This is in-part attributable to the lack of treatment access and amount of out of pocket spending required, which is averaged at $914. As such, adding coverage for hearing services would help Medicare beneficiaries who otherwise would not be able to afford treatment, receive the care they need and improve health outcomes.


Reactions


Public opinion

According to a Harvard CAPS-Harris Poll survey in early-August, voters narrowly opposed the bill 51%–49%. Shortly after the missed October 1 deadline to pass the reconciliation package, protestors separately confronted Senators Manchin and Sinema. A CBS News poll from October 10 showed support for the bill at 54%, with 46% opposed. 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%. A Monmouth University poll from early December showed 61% support for the legislation. An online poll by Rasmussen Reports in the same month indicates most Americans do not support the bill. The Biden administration faces a decline in approval ratings as they try to cut portions of the bill to gain support of Senators Manchin and Sinema.


International

In a letter sent to eight Senate leaders, Deputy Prime Minister of Canada
Chrystia Freeland Christina Alexandra Freeland (born August 2, 1968) is a Canadian politician serving as the tenth and current deputy prime minister of Canada since 2019 and the minister of finance since 2020. A member of the Liberal Party, Freeland represen ...
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. Mexico also threatened retaliation if the extra $4,500 EV tax credit is passed. An additional letter expressing concerns over the proposed EV tax credit structure, signed by 29 ambassadors, was sent to Speaker Pelosi, Senator Schumer, Senator McConnell, and Congressman McCarthy on October 29, 2021. The letter was signed by the ambassadors of the EU, Germany, Poland, the Czech Republic, Croatia, Ireland, Cyprus, Sweden, Malta, Spain, Netherlands, France, Austria, South Korea, Greece, Canada, Belgium, Finland, Slovenia, Mexico, Slovakia, Japan, Estonia, Italy, and Romania.


Business

In a ''Wall Street Journal'' conference, Tesla CEO
Elon Musk Elon Reeve Musk ( ; born June 28, 1971) is a business magnate and investor. He is the founder, CEO and chief engineer of SpaceX; angel investor, CEO and product architect of Tesla, Inc.; owner and CEO of Twitter, Inc.; founder of The B ...
, whose company would not be eligible for the electric vehicle (EV) tax credit, argued that lawmakers should "can" the whole bill over concerns of the federal deficit and the 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."


References

{{Joe Biden Proposed legislation of the 117th United States Congress Climate change law Climate change policy in the United States United States federal reconciliation legislation United States federal health legislation United States federal energy legislation Presidency of Joe Biden Articles containing video clips