Congress
‘Be careful about this’: Warnings abound as GOP considers writing off tax cuts
It’s the accounting maneuver that could break the Senate, upend the federal budget process and explode the national debt.
That’s according to critics of a fiscal tactic that congressional Republicans are now seriously considering as they struggle to figure out how to deliver on all of President Donald Trump’s policy demands.
Adopting the “current policy baseline,” as it’s called, could be the only way for the GOP to make Trump’s 2017 tax cuts permanent and avoid painful cuts to federal programs, as well as pile on new income tax exemptions for tips, overtime and Social Security. Trump is expected to discuss the move with members of the tax-writing Senate Finance Committee at a White House meeting Thursday.
If lawmakers adopt the change, it would essentially make it appear as though extending current tax rates, set to expire at the end of the year, would cost nothing rather than the roughly $4 trillion over 10 years that nonpartisan scorekeepers estimate.
But while some Republicans argue that continuing current tax rates shouldn’t be counted toward the deficit, critics of the maneuver — including prominent GOP budget experts — say that it would be a recipe for disaster, a fiscal Pandora’s box that once opened could be used to forever excuse huge ongoing deficits.
“I would caution my friends, my Republican friends and senators up there, be careful about this,” said Bill Hoagland, the former GOP staff director for the Senate Budget Committee. “Someday you may be in the minority.”
The tactic is so tempting because it would solve a very difficult political problem for Republicans. Budget hawks in the House who do not want the party-line domestic policy bill adding to federal deficits want to ensure that planned tax cuts are closely tied to the amount of spending cuts Republicans can achieve.
Even then, the $4.5 trillion upper limit the House put on tax cuts does not leave enough room for a permanent extension of expiring tax cuts, in addition to all the other tax-related asks Trump has made.
For instance, adding on Trump’s other tax-related asks, such as income tax exemptions for overtime, tips and Social Security benefits, could add up to another $5 trillion, according to the nonpartisan Committee for a Responsible Federal Budget.
Critics say members of either party could use the maneuver to disguise trillions of spending through tax policies. Democrats argue that if Republicans move forward, they would be doing away with decades of precedent — and reneging on decades of anti-deficit rhetoric — to enact tax cuts for the wealthy.
Massachusetts Sen. Elizabeth Warren called it “magic math” in an interview and said going in that direction would end the congressional budget process as it has existed for more than 50 years.
“They can’t repeal the underlying reality, a $4.7 trillion giveaway to billionaires and giant corporations will cost $4.7 trillion,” she said, referring to how much the tax cut extensions are estimated to cost with interest.
Said Sen. Mark Warner (D-Va.), who signed onto a recent letter with Warren questioning the GOP’s strategy, “If this was done in the accounting world, you wouldn’t be an accountant for very long.”
Meanwhile, the leading advocate of moving to a current policy baseline, Senate Finance Chair Mike Crapo (R-Idaho), argued that it would rectify budget scoring rules that favor higher spending over keeping taxes low.
“If you’re not changing the tax code, you’re simply extending current policy, you are not increasing the deficit,” Crapo said on Fox Business in January. “We’ve got to get some kind of sensibility into the way that we score.”
Sen. John Kennedy (R-La.), a Budget Committee member, brushed off the idea that Republicans were undermining the budget procedures in place since 1974 — but also acknowledged that turnabout could be fair play when Democrats get their next governing trifecta.
“They will probably use current policy themselves in the future when they’re back in the majority,” he said.
Besides being controversial from an accounting perspective, the current policy baseline represents a major political gamble for Republicans, with the fate of potentially all of Trump’s tax agenda hanging in the balance.
That’s because the GOP might not know for weeks, if not months, if the maneuver will pass muster with the Senate’s parliamentarian. With a permanent extension of the expiring tax cuts moving toward the center of the Republican must-do list, an adverse ruling could create a huge hole in the GOP’s math.
“It would complicate making the tax cuts permanent,” said Sen. Lindsey Graham (R-S.C.), who chairs the Budget Committee.
That could create pressure for Republicans to overrule or even fire the parliamentarian — a move that would upend the delicate balance senators of both parties have adhered to for decades: Only bills that comply with strict fiscal rules aimed at reducing deficits can be exempted from the chamber’s 60-vote requirement for ending debate and moving to a final vote.
“As far as I’m concerned, that might as well give away the filibuster in the Senate,” Hoagland said.
Republicans, for their part, say they aren’t doing anything out of compliance with the longstanding budget rules. And there’s widespread skepticism inside the Senate GOP that they would ever vote to overrule the longtime parliamentarian, Elizabeth MacDonough.
We can say “it’s a $4 trillion deficit that we’re going to add into this, or we can say it’s current policy, but everyone knows it’s the exact same the next day,” said Sen. James Lankford (R-Okla.) in an interview. “So it’s nomenclature.”
Key GOP staff are already quietly meeting with the parliamentarian to try to get informal vibe checks on what she is thinking. Though senators won’t get a formal ruling until they go through what’s called a “Byrd bath” — when the reconciliation bill is vetted to make sure it complies with the rules that allow them to pass it by a simple majority — they can and frequently do have conversations with the parliamentarian’s office before that as they try to game out their procedural strategy.
“We think the law is pretty clear … but these things are all subject to discussion and arguments made in front of the parliamentarian,” Senate Majority Leader John Thune said in a brief interview, while cautioning that they were a long way away from that point.
But there’s skepticism from former longtime congressional staff and budget experts that the Senate GOP plan will fall within the rules of reconciliation. Sen. Jeff Merkley (D-Ore.), the top Democrat on the Budget Committee, predicted the parliamentarian won’t green-light the GOP strategy because it “seems like a pretty big stretch” of the rules.
George Callas of Arnold Ventures, who served as former Speaker Paul Ryan’s top tax aide during the drafting of the 2017 law, said adopting the current policy baseline would amount to a “huge gimmick.”
“My understanding is that the Senate parliamentarian gives a great deal of weight to the existing rules and the precedents and takes a skeptical look at just expedient reinterpretations of those rules for political reasons,” he said.
Congress
Trump backs key Senate tax plan strategy in struggle with House
President Donald Trump indicated to GOP senators during a White House meeting Thursday that he supports using an accounting method that would treat trillions of dollars in tax cuts in a massive GOP package as costing nothing, according to three senators who attended the meeting and three other people familiar with the conversation.
“If you are going to make the tax code permanent, by definition it’s going to be with current policy,” said Sen. Steve Daines (R-Mont.), who affirmed that Trump is on board with the accounting tactic. “The aperture is opened up a bit in thinking more broadly around how we continue to find additional reductions in federal spending.”
House and Senate Republicans are split on the controversial accounting tactic, though Speaker Mike Johnson is increasingly open to using it. The move would make it easier for GOP lawmakers to make the math work on their costly plan.
But many hard-liners are suspicious of the tactic and want to stick with Congress’s traditional accounting method, which would show that extending the tax cuts, and adding other provisions Trump wants, would cost trillions of dollars.
Settling the matter will be key as the House and Senate try to reconcile vast differences in their approaches to the massive Trump agenda bill spanning border, energy, taxes and defense spending. But it is likely to run into trouble with deficit hawks, especially in the House, who insist that tax cuts must be accompanied by spending reductions.
Trump also reiterated he wants the 2017 tax cuts he presided over to be extended permanently. And, he raised his Gold Visa card concept as a way to pay for the vast package, along with tariffs and other options.
The GOP senators in the room also discussed the politically complex issue of raising the debt ceiling, which Trump has pushed to be in the package because he doesn’t want to negotiate a separate deal with Democrats.
Sen. Ron Johnson (R-Wis.) said he made clear in the meeting he still wants incredibly steep spending cuts in order to back a debt limit increase, adding Trump was receptive to his pitch to pare back a vast swath of federal spending to pre-COVID levels.
“I don’t know that we solved anything. We got what we needed — just some kind of direction and feel for where the president wants all this to land,” Senate GOP leader John Thune (R-S.D.) told reporters when he returned to the Capitol.
The Republicans who met with Trump on Thursday are all members of the Senate Finance Committee who are trying to work through a host of complex and arduous tax talks in order to decide what they can fit into their party-line bill.
“It’s kind of along the lines of what we’ve been talking about for some time,” Thune said.
Sen. Thom Tillis said the conversation with the president helped to act as “a funnel” for the vast list of tax policies that GOP senators are trying to squeeze into the package.
But some senators in the meeting appeared less enthusiastic that they had made any major progress.
“Talk, talk, talk, talk,” Sen. Chuck Grassley (R-Iowa) said. “Just like the last 10 weeks.”
House and Senate Republicans are stuck in an increasingly bitter impasse over how to advance Trump’s vast legislative agenda and how quickly to move.
Many House Republicans were livid earlier this week when Tillis emerged from a meeting of Senate Finance Republicans on Monday evening and suggested August was the real timeline for passing a budget reconciliation bill, citing the tax talks.
Heading to the White House meeting on Thursday, Senate Finance Chair Mike Crapo again declined to predict any timeline for the Congress to advance or pass the package and its many tax provisions.
Other members of his panel hoped the meeting with Trump and his advisers would help start to bridge the divide between the two chambers — something Trump has struggled to do.
“I’m not even going to joke about it,” the normally soft-spoken Crapo said, with a smile.
Thune has been organizing meetings all week with small groups of his conference as he and GOP leaders try to hear from a cross-section of GOP senators about what they want to see in a reconciliation bill, which would allow Republicans to short-circuit a Democratic filibuster in the Senate.
Those meetings, according to senators in attendance, have focused on the tax provisions — including measuring support for using the current policy baseline accounting method to make the extension of the Trump-era tax cuts appear to cost nothing.
Senate Republicans are also using the meetings to discuss how big they should go on spending cuts and outline the challenges of the major task ahead.
Congress
Schumer backs away from shutdown, says he’ll vote to advance GOP bill
Senate Minority Leader Chuck Schumer privately told fellow Democrats during a closed-door lunch Thursday that he would help advance a House GOP funding bill — a strong indication that Senate Democrats will ultimately back down from forcing a government shutdown on Saturday.
Schumer’s closed-door comments, confirmed by two people granted anonymity to disclose his private remarks, comes amid days of Democratic agonizing about the possible shutdown. Their dilemma was forced by the House’s approval Tuesday of a funding patch through September, one that was written without Democratic input.
Schumer has not publicly reiterated his comments, which were first reported by The New York Times, but he is expected to speak from the Senate floor on Thursday evening. Republicans will need eight Democrats to help them break a 60-vote filibuster of the House GOP bill.
Senate Democrats held another closed-door meeting on Thursday but did not emerge with a unified strategy. A growing number of Senate Democrats have vowed to oppose the House GOP bill, including not helping it get over 60-vote procedural hurdles. But some Democrats have floated that they could help advance the bill in exchange for a vote on their preferred alternative, a 30-day stopgap that would make room to restart bipartisan spending talks.
Neither Schumer nor Senate Majority Leader John Thune (R-S.D.) have indicated that they’ve reached an agreement.
Congress
Rep. Raúl Grijalva dies at 77
Rep. Raul Grijalva has died at 77, according to a statement from his office. The 12-term Arizona Democrat had been under treatment for cancer.
“Rep. Grijalva fought a long and brave battle,” the statement said. “He passed away this morning due to complications of his cancer treatments.”
Grijalva had been largely absent from Congress since the beginning of the year due to his health struggles. He was set to retire from the House at the end of this term and had stepped aside from his position as the top Democrat on the House Natural Resources Committee.
Grijalva is the second House Democrat to die in office this month. Rep. Sylvester Turner of Texas died on March 5.
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