The Senate passed its tax reform bill in the early hours of
Saturday morning, following a day full of Republican leaders making changes to
bring enough members on board and a long night full of heated rhetoric on both
sides of the aisle.
The vote was 51-49, mostly along party lines. Sen. Bob
Corker of Tennessee was the only Republican to vote against the bill, citing
concerns about growing the deficit.
Congressional negotiators continued to make changes to the
bill -- including handwriting alterations on to the document -- up until just
hours before the final vote, with Democrats sharply criticizing Republicans for
not giving members enough time to read the sweeping legislation that would
overhaul the US tax system.
The House of Representatives approved its own tax reform
plan last month, and the two chambers are expected to go to conference to
reconcile the two bills, but passing the legislation Saturday was a huge
victory for Senate Republicans and President Donald Trump, both looking for
significant legislative achievements.
Arizona Sen. Jeff Flake, a key holdout, announced just after
noon that he would back the plan. Republicans could pass the legislation with
50 members and a tie-breaking vote from Vice President Mike Pence, but after
Sen. Susan Collins of Maine announced her support Friday afternoon, Pence's
would-be vote was unnecessary, as Collins' vote brought the tally to 51. Sen.
Bob Corker of Tennessee is the only expected Republican to vote no.
"We have the votes," Senate Majority Leader Mitch
McConnell said walking to the Senate floor following a conference meeting
Friday.
Following the vote in the chamber -- which happened just
before 2 a.m. ET -- Republicans bestowed a hefty number of backslaps and
handshakes with lawmakers who have been integral in the process including Sen.
Pat Toomey of Pennsylvania and Rob Portman of Ohio. While Senate Whip John
Cornyn of Texas stood over the vote tallying sheet watching it closely,
McConnell stood to the side. At one point the Majority Leader looked up at
Pence, who was presiding, pointed at the VP, winked, and gave him a thumbs up.
In a public statement announcing his support, Flake said he
was given promises from Senate GOP leadership and the Trump administration for
a "growth-oriented legislative solution" to protect recipients of the
Deferred Action for Childhood Arrivals program.
Republican leaders were racing Thursday night and Friday
morning to find support for the bill, hoping to avoid a repeat of the health
care bill debacle this summer that left them empty handed. Tensions were
running high in the Senate, where Republican tax writers were reworking the tax
bill, trying to find a way to satisfy competing interests and shore up votes.
The bill received a major boost Friday morning when Daines
announced he would back the bill, after he was assured of "significant tax
relief for Main Street businesses." Johnson later Friday morning issued a
statement supporting the bill.
Senate Republicans met earlier in the Strom Thurmond Room of
the Capitol to continue the bill's negotiation Friday morning. Collins, a key
undecided vote, said GOP leaders are still "working through a few more of
my issues" but as she was walking toward the conference meeting, she said,
"We're making great progress."
But behind the scenes, Republican members and aides were
fuming at Corker, who was demanding last-minute offsets for the GOP tax bill
out of fear that it would raise the deficit. Corker's demands weren't entirely
new, but were crystallized further Thursday afternoon when the Joint Committee
on Taxation, the independent tax scorekeeper, announced that even with
projected economic growth, the Republican tax bill still would add more than $1
trillion to the deficit over 10 years. Then, Corker learned that a trigger he
demanded in the tax bill that would automatically increase taxes if the tax
legislation didn't generate the growth that Republicans anticipated, wouldn't
pass Senate rules and couldn't be included.
The news led to Corker holding court on the Senate floor on
and off for nearly an hour as an amendment vote was held open and dozens of
reporters filled the Senate chamber to watch the drama unfold from above.
As CNN reported earlier Thursday, a throng of Republicans
encircled Corker and Flake as Sen. Pat Toomey, a member on the Senate Finance
Committee who has cut deals with Corker on the tax bill already, stood next to
Corker, explaining something at length.
At one point, the Senate's Parliamentarian came over and
Corker used his hands to try to convey a point to her for several minutes.
Corker walked across the chamber to speak with Sen. Angus
King, an independent from Maine. The two men looked over some papers, then
walked back over the Republican huddle. Corker asked more questions. At one
point Toomey grew audibly frustrated, this time standing face-to-face with the
Tennessee Republican.
"Furious," one aide responded when asked how GOP
senators were responding behind closed doors to what Corker did on the floor.
"Didn't need to be done publicly. Didn't need to cause a scene. We know
it's a problem. Fix it behind closed doors."
Right now, according to aides, staff and senators are
working through several different proposals to try to address Corker's issues
-- issues that grew more problematic with the JCT report.
Corker, according to aides, wants even more revenue than the
trigger would've snapped into effect.
"When the trigger doesn't work, you have to come up
with, I think, $350 billion," said Sen. Lindsey Graham, a Republican from
South Carolina. "That makes everything different. So, we'll get there,
because failure's not an option."
There were a few options for getting back the revenue, but
none of them would satisfy the entire conference. One option, Texas Sen. John
Cornyn floated, would be to gradually raise the corporate tax rate, which
Republicans had planned to lower to 20%. That would surely upset House
Republicans and Trump who had lobbied aggressively to drop the corporate tax
rate to 15%. The other option was to not completely repeal the alternative
minimum tax, a levy that is used to ensure wealthy individuals cannot just use
tax loopholes to avoid paying taxes all together.
But Republicans were still working on how to put the pieces
together.
McConnell can afford to lose two Republican senators, but
with so many competing concerns, leadership will have to make tough decisions
about who to appease based on the math. Flake joins Corker in sharing concerns
about the deficit and GOP aides say leaders now view Corker and Flake as a
package deal, meaning they either assuage their concerns, or figure out a way
not to lose any other senators if they want to pass the bill at all.
Johnson had tried to lobby leadership to give so-called
pass-throughs -- businesses that pass profits to owners who pay taxes on the
individual side -- additional tax breaks. Collins, who was a key "no"
vote on health care also must be won over. Collins has asked leadership and the
Trump administration to promise her that they will support a package that she
says would help stabilize the Obamacare marketplace after Republicans repeal
the individual mandate in their tax bill. She has also asked leadership to
include a provision that would allow individuals to deduct state and local
property taxes up to $10,000.
The predicament leadership faces now isn't all that unlike
the one they found themselves in on health care. If McConnell appeases Johnson
and boosts the tax break for pass-throughs (which costs money), he could
alienate Corker and Flake who have lobbied to make the tax bill less expensive.
If he appeases Collins, he could face problems with the Senate bill when it
goes to conference with the House.
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