Biden has threatened to veto the rollback, but the move is still providing fodder for GOP lawmakers who are making anti-woke criticism of socially minded big business a centerpiece of their political messaging.
Rep. Andy Barr, the Kentucky Republican who sponsored the resolution, said on “Fox and Friends” Tuesday that the votes will put members of Congress on the record regarding “whether they are going to put their constituents’ retirement security first or their own progressive political agenda.”
“Whether you’re a Republican or a Democrat, we think most Americans don’t want politics to be a factor in allocating their capital and determining whether or not they’re going to have a secure retirement,” he said.
The votes this week are the latest milestone in the GOP’s populist turn when it comes to corporate America. Rather than defending the rights of asset managers to offer investment products as they choose, Republicans at the state and federal levels are using tools of government to beat up on Wall Street for its embrace of decision-making tied to environmental and social goals. It has forced major corporations to play defense in Washington and state capitals across the country, scrambling the traditionally friendly dynamic between big business and the Republican party.
The Labor Department rule Republicans are targeting this week was an attempt by the Biden administration late last year to clarify that retirement plan managers can consider environmental, social and governance factors when selecting investments. The rule was intended to reverse Trump-era policy that tried to discourage ESG investments.
While the rule doesn’t require that climate and social issues factor into retirement planning, Republican critics argue that it opens the door to the politicization of investing at the expense of returns. It’s a critique that’s become widely embraced by GOP politicians and conservative groups. Former Vice President Mike Pence’s Advancing American Freedom is among the organizations backing this week’s rollback attempt.
“The Department of Labor’s new rule would allow woke asset managers to use the nearly $11.7 trillion in assets from the retirement accounts of over 150 million Americans to fund the Left’s political agenda,” Heritage Action Executive Director Jessica Anderson said in a statement.
The Biden administration and most Democrats in Congress are fighting back. The giant labor organization AFL-CIO is among the dozens of outside groups lobbying Congress to vote against the Republican resolution, arguing that incorporating ESG factors in investments “helps protect the hard-earned retirement savings of working people.”
The White House said in a statement Monday that reverting to more restrictive, Trump-era policy would “unnecessarily limit the options available to retirement plan participants and investors.”
Despite the opposition, the GOP effort has started to attract support and consideration from Democrats up for reelection in 2024 in conservative-leaning states. It means that Republicans may only need one more Democrat in addition to Manchin to pass the proposal in the Senate. The Congressional Review Act, the law that allows lawmakers to nullify executive branch actions, offers a fast-track process that requires only a simple majority vote to undo recently released regulations like the DOL rule.
Senate Democrats hold a one-seat majority, but Sen. John Fetterman (D-Pa.) is out for treatment for clinical depression. Republicans still likely need one more Democrat to support the measure beyond Manchin because of the absence of Sen. Mike Crapo (R-Idaho), according to Sen. Mike Braun (R-Ind.), who is sponsoring the rollback.
Manchin was an early co-sponsor of the Senate GOP’s resolution, and he blasted the Biden administration as “irresponsible” for issuing the rule.
Tester, who is likely facing one of the toughest 2024 reelection campaigns among Senate Democrats, said in an interview Tuesday that “I’ve got my leanings” but that he was still reviewing the policy and wasn’t ready to share his position.
“My challenge is this: Why’d the administration put it out?” Tester said. “It seems to me if I’m an investor of money, I’m not gonna put money in things that aren’t good investments. And then I’ve got to figure out if any of it’s mandatory.”
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( With inputs from : www.politico.com )
The poll was commissioned by the Senate Leadership Fund, the top GOP super PAC with close ties to Senate Minority Leader Mitch McConnell.
Justice has not decided to enter the race yet, though he’s said he that is “leaning” toward a bid. Manchin similarly has not decided whether he will run for reelection and has indicated he’s in no rush to decide.
“Senator Manchin continues to consider the best way he can serve his state and country. But make no mistake, he will win whatever race he enters,” said Sam Runyon, a spokesperson for Manchin.
Justice has near-universal name ID in West Virginia, according to the poll, and would start with an early lead in a potential three-way primary among Morrisey and Mooney. The survey shows Justice with 53 percentage points in the primary, Morrisey with 21 percent and Mooney with 16 percent. The poll was taken in early February and has a 4.1 percentage point margin of error.
Morrisey won the GOP primary in 2018, defeating former Rep. Evan Jenkins (R-W.Va.) and erratic coal businessman Don Blankenship. Mooney has not run statewide in West Virginia before but did win a hotly contested House primary against Rep. David McKinley (R-W.Va.) last year. And Justice has prevailed in two governor races, first as Democrat and then as a Republican. He now has high approval ratings — something Manchin once enjoyed as governor as well.
And in a race against Manchin, Justice leads 52-42, according to the poll, while the Democrat leads Mooney in a potential head-to-head 55-40 and Morrisey 52-42. Manchin defeated Morrisey by about 3 points in 2018.
The West Virginia Senate race is expected to once again be a marquee race in 2024 after Manchin held on in 2018, with Republicans seeing it as a prime pick-up opportunity and Democrats looking to defend every seat they have amid a tough map in 2024. But Mooney is still the only one officially in the race, with Manchin, Justice and Morrisey all still weighing their options. Justice has indicated he will make a decision soon.
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He’s even talked directly to Yellen several times about the matter. Summing up his approach of late, Manchin said: “I’ve been raising hell.”
“They almost act like they gotta send $7,500 or a person won’t buy a car. Which is crazy, ludicrous thinking for the federal government,” Manchin said in an interview this week. “I just totally and absolutely am disagreeing with what they’re doing.”
A frustrated Manchin is nothing new for Democrats, but the current situation is plainly untenable for them. He’s still undecided on reelection next year in a state that’s critical to keeping their Senate majority. And as Energy Committee chair, he has the power to wreak havoc by slowing down nominees, hauling in Biden officials for public testimony and pushing legislation against the administration’s wishes.
What’s more, Manchin’s grievances go beyond just the tax credit. He dislikes the public perception of the law he insisted on calling the Inflation Reduction Act, which he sees as an energy security measure rather than a climate change-fighting one — a distinction with a political difference in a deep-red, fossil-fuel state like West Virginia.
Notably, the Manchin-backed law also requires new sales of oil and gas leases that his progressive colleagues might otherwise have opposed. So as he weighs a bid for reelection, he’s touting the power of the bill he wrote in order to puncture Democratic hopes of ending U.S. reliance on fossil fuels.
At Wednesday’s Senate Democratic retreat, Manchin handed out a one-page summary of his perspective on the proposal he revived last summer in a nearly singlehanded show of force, telling colleagues that the U.S. is on track to energy independence as a result of it, according to a person briefed on the meeting who spoke candidly on condition of anonymity.
“This is bullshit. So they’re gonna basically starve us out of energy that we have a tremendous, abundant supply of because of their aspirational thoughts?” Manchin said of fellow Democrats who want to quickly transition the nation away from oil and gas. “I will continue to fight and I’ll do everything I can to make sure the public knows what they’re doing and what it will do to you and your economy and your lifestyle.”
Manchin’s approval ratings back home took a hit after he supported the Inflation Reduction Act. And being at odds with the White House is just good politics for red-state Democrats. In a similar turn, Sen. Jon Tester (D-Mont.) is openly skeptical of the Biden administration’s response to the Chinese spy balloon that flew over his state last week, and he will hold a hearing Thursday on it.
Some in the administration and the Senate see Manchin’s moves as catering to his state’s conservative voters as he considers whether to run again for six more years in deep-red territory. West Virginia continues to depend on energy production for its economy, and Manchin’s fight to preserve a fossil-fuel bridge to a clean energy future may play well there.
Still, at the moment the schism is alarming enough that Democrats are working to patch things over. Sen. Chris Coons (D-Del.), a close Biden ally, recently traveled to Europe with Manchin and is among those hoping to turn down the temperature.
“I recognize that this is a tense and challenging dynamic, but one where I hope to be able to contribute,” Coons said.
And Republicans, all of whom opposed the Inflation Reduction Act, are reveling in the discord.
“It’s clear the Democrats have no clue what they voted for. Only a full repeal would fix it,” said Sen. John Barrasso (R-Wyo.), the No. 3 Senate Republican and the ranking member of the Energy Committee.
This is not the nadir of relations between the president and Manchin. It was only 14 months ago that the senator pulled the plug on the sweeping, more expensive and liberal-leaning party-line bill known as “Build Back Better,” with the White House accusing him of a “breach of his commitments to the president.” Since, the two Joes have rekindled their partnership — until the last few weeks.
The president is subtly working to smooth things over. On Tuesday evening during the State of the Union, Biden stated that “We’re still going to need oil and gas for a while,” adding that it would be at least 10 years, if not more, before the country can wean itself off those fuels.
And the White House is done going after Manchin. In a statement, spokesperson Michael Kikukawa said that Biden “has great respect for Senator Manchin and communicates with him frequently about the important task of implementing the Inflation Reduction Act in a way that achieves President Biden’s and Congress’ goals.”
Manchin is not nearly as cool to Biden as he was toward former President Barack Obama, whom he did not support in the 2012 election. To hear Manchin tell it, Biden is caught between his personal views and a more progressive Democratic Party that runs much of the day-to day-work in his administration.
“Joe’s been pushed pretty hard,” Manchin said. “I’m pleased that he’s worked his way back to where I think he always has been, that center left. But, the headwinds are strong there, and they keep going.”
The Treasury Department is expected to finalize its guidance for the credit in March, giving consumers at least a few more weeks of access to the full tax credit regardless of the sourcing used for electric-vehicle parts. Treasury did not comment for this story, but released a white paper outlining how complicated the issue is and said last month it needed extra time “to work through significant complexities.” The department has already implemented an income cap on tax credits.
Manchin said that, during his conversations with Yellen, he’s told her she’s “absolutely out of your wheelhouse” in her implementation of the law. Some Democrats, however, are perfectly comfortable with it.
“I completely agree with Joe Manchin in creating industrial policy to build that stuff here. But we also have to manage the supply chain between now and when those factories open,” said Sen. Martin Heinrich (D-N.M.), “It takes three years to build a factory.”
For Manchin, that’s kind of the point. He took the leap to plow hundreds of billions of dollars into clean and domestic energy, shore up health care access and raise taxes on corporations, in part to reorient the economy toward his vision. He wants a supply chain anchored domestically, with his state competing for the accompanying energy jobs — and if that means fewer tax credits designed to boost clean cars for a while, so be it.
The Inflation Reduction Act “was passed for energy security, not purely for accelerating the environmental pathway. That’s not going to happen until the technology’s there,” Manchin said. “It’s not going to happen overnight. They know it. We know it.”
Josh Siegel contributed to this report.
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No date has been set for the Biden-McCarthy meeting.
“I’m optimistic they will sit down, as this White House always has, and that’s why we were able to accomplish so much in a bipartisan way last Congress. It takes constructive conversation,” Rep. Josh Gottheimer (D-N.J.) said on “Fox News Sunday.” “There’s things that are reasonable on the table, and there are things that are unreasonable. Gutting Social Security and Medicare is on the unreasonable.”
On the Republican side, Rep. Nancy Mace (R-S.C.) said on NBC’s “Meet the Press” that Biden not negotiating with Republicans is “not how to unify our country.”
“We are very divided right now. We have $31 trillion of debt. The responsible thing to do would be to get to the table with Republicans and negotiate a way,” Mace said.
Rep. Brian Fitzpatrick (R-Pa.) said on “Fox News Sunday” it’s a problem that the Biden administration won’t negotiate with Republicans. It’s “not leadership,” he said.
House Republicans want a deal that includes spending cuts before raising the debt ceiling, but Biden officials have insisted that Congress pass a clean debt ceiling increase. Democrats have noted that Congress passed three increases on the debt ceiling under former President Donald Trump without demanding spending cuts.
Manchin said the cuts proposed by Republicans are “not going to happen.”
“Take that off the board right now and look at ways that we have wasteful spending that we can be held accountable and responsible,” the West Virginia Democrat said.
Trump issued a warning to Republican lawmakers on Friday, saying that Republicans shouldn’t vote to cut “a single penny” from Medicare or Social Security.
“It’s ironic,” Rep. Brendan Boyle (D-Pa.) said on MSNBC, “that Kevin McCarthy and his fellow Republicans in the House are now suddenly discovering that deficit and debt is this important issue, because they’re the same folks who voted to raise the debt ceiling, and never said a word when Donald Trump was adding more to our national debt than any president in our American history.”
On Thursday, Treasury Secretary Janet Yellen said that the U.S. had reached its debt limit and would need to use extraordinary measures to avoid a default. Yellen has projected that Congress has until at least June to pass a debt ceiling increase.
If the federal government exhausts its use of extraordinary measures for the first time, it could impact Americans who depend on government benefits and “would cause irreparable harm to the U.S. economy, the livelihoods of all Americans, and global financial stability,” Yellen has said.
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It was a charge that captured the wounded feelings and political frustrations of America’s allies in Europe after the passage of the Inflation Reduction Act, H.R. 5376 (117), which included a mammoth program of clean-energy subsidies and made-in-America manufacturing rules that has thrown the transatlantic economic relationship into turmoil. Manchin, as the crucial fiftieth vote for the legislation and whose office wrote the controversial provisions, did more to shape the final version of the law than any legislator.
Now, Manchin has marched into the den of the European elite, mingling at the World Economic Forum in Davos with an audience of continental technocrats, true-believing free traders and oligarchs more at ease in Monte Carlo than Morgantown, West Virginia, where Manchin played college football.
The gulf in political and cultural sensibilities could scarcely have been starker.
In the Swiss Alps, Manchin was determined to change the minds of men and women who see him as the face of a new American rival, the cause of a great rupture in transatlantic economic relations. Now, having made the trip across the Atlantic, he’s trying to put the pieces back together. He has been in one mode and one mode only here: sell, baby, sell.
Manchin is unabashedly proud of his role in shaping the IRA, handing out one-pagers and telling stories about the people — some of them at Davos — who are already benefiting from it. But American allies like France and Germany see the $369 billion investment in energy security, including subsidies for climate and tech companies and incentives for consumers, as a frontal assault on European industry, a blunt-force instrument aimed at coercing companies to shift investments out of Europe and perhaps enter into energy and manufacturing deals in North America that they would not otherwise pursue.
A new man about town
In Washington, Manchin is among the most famous members of Congress. But now, the once-unknown, gum-chewing, no-nonsense West Virginian is infamous in Europe. European leaders, typically used to dealing with fellow heads of state, are now seeking facetime with the newfound Davos Man himself. They are getting plenty of it.
Strolling into Anthony Scaramucci’s wine-tasting party in the Piano Bar of Hotel Europe on Tuesday night, Manchin had earlier that day come out of another grilling from a group of Europeans. He seemed more bemused than upset by the experience. He said he explained that the IRA is good for the U.S. and for the European allies.
Did he convince anyone?
Not really, he said, but he made his case.
As snow fell on Davos Wednesday afternoon, Manchin joined the congressional delegation here for a quiet meeting with German Chancellor Olaf Scholz, the leader of Europe’s largest economy. Manchin related to POLITICO that Scholz expressed frustration that the American law would directly harm German’s vital car market. The incentives would prove damaging to Germany and Europe and eventually spark a trade war, Scholz added.
Manchin pushed back, saying there’s nothing stopping Germany from producing more cars in the United States — a point that wasn’t exactly a response to Scholz’s frustration.
“I think it rubs him wrong when I say that,” the senator told POLITICO.
Manchin said that Scholz countered that the U.S. places too many penalties on European cars entering the American market. So the West Virginian pulled out his cellphone and Googled “tariff cost on autos in Germany.” In bold, the search engine’s front page excerpted the relevant part of a 2019 Deutsche Welle article: “US levies a 2.5 percent tariff on European auto imports, while the European Union imposes a 10 percent duty.”
A German government spokesman called Scholz’s conversation with Manchin and the other 11 lawmakers on the IRA a “direct exchange” that was “an expression of our close and good relationship with the USA.”
Still, Manchin says his main message to Scholz — and Europe more broadly — is that “this piece of legislation was not intended to harm anybody. It was intended to keep America strong so we could help our friends. That’s it.”
Sen. Chris Coons (D-Del.), the leader of the American congressional delegation in Davos, said the conversation with Scholz on the IRA was cordial and professional. But Coons, an experienced diplomat who sits on the Senate’s foreign relations committee, acknowledged there were clear differences.
“We are optimistic we can find a way forward through this,” he said. “We have work to do to hear each other.”
Nobody likes being the last to know
Manchin is proud that he was able to have frank conversations with allies about a disagreement, having them learn from him and him learn from them. But he was surprised by the rancor and confusion he encountered from European officials who felt blindsided by America’s robust industrial policy.
Manchin never heard from lobbies or governments about the controversial part of the law because his team drafted it in secret. No one, save for senior Democrats in the Senate, knew they were drafting the measure. Once it came to light, and proved the saving grace for President Joe Biden’s climate agenda, the legislative process moved so quickly that no one had time to react.
“They just didn’t know,” Manchin said — but they know now.
The initial confusion about the law in Europe gave way to rage and, soon after that, an aggressive policy response from EU and national leaders who are crafting their own program of large-scale support for clean-energy industry.
The night the IRA passed last year, Ursula von der Leyen, the European Commission’s president, issued a late-night tweet to congratulate Biden on the IRA’s passage in Congress. A few weeks later, her team was openly panicking about the IRA’s measures, particularly regarding subsidies on electric vehicles which it regarded as discriminatory.
By the winter, when Macron clashed with Manchin in Washington, European leaders grasped that the American energy law could have sweeping unintended consequences for their own countries. Manchin said that when Macron approached him, the French leader decried the investments that were leaving other parts of the world — including Europe — and flooding into the United States.
According to Manchin’s recollection, he countered by telling Macron that the U.S. took the approach to incentivize its way to energy security while France and Europeans chose to tax their way to it. The American approach “attracts people from all over the world” to work on hydrogen, small nuclear reactors and battery storage, Manchin recalled saying.
He said he told Macron: “I will sit down and work with you in any way, shape or form to relieve your concerns and fears that we’re trying to basically do any harm to you or your society.”
A French official with direct knowledge of the exchange confirmed it, noting the president “explained very calmly our serious concerns.”
Sticking to his guns
Worries have continued mounting in Europe, and Manchin has not always worked hard to ease them.
At a dinner Manchin and his congressional colleagues had with Xavier Bettel, Luxembourg’s prime minister, at Davos this week, the leader raised Europe’s concerns about the IRA, particularly in light of the spiking cost of energy due to Russia’s war in Ukraine, a person familiar with the conversation said. Manchin argued that Luxembourg would see those prices fall if the country entered into long-term contracts with U.S.-based producers.
Those kinds of comments are likely to alienate the EU even further, confirming the view in Brussels that American natural gas producers are poised to benefit from EU’s energy woes as the bloc tries to wean off Russian energy.
Asked about the dinner with lawmakers, Bettel said “Luxembourg remains committed to keep up the dialogue with our U.S. friends around European concerns including IRA and energy security,” adding his country informed the European Commission about the dialogue he had with Manchin and others.
Manchin was not the only American struck by the intensity of European leaders’ resentment over the legislation, which some suggested was misplaced.
“Over the last couple of decades our friends in Europe have encouraged the United States to address climate change, and now we’re doing it in a major way and some are criticizing the way we’re doing it,” said Rep. Brendan Boyle (D-Pa.), chair of the EU Caucus on Capitol Hill who is part of the U.S. delegation in Davos.
“This bill took a year and a half,” said Boyle. “I’m chair of the congressional EU caucus; pretty much every week I am meeting with fellow parliamentarians and EU countries. Not once — ever — was it expressed to me by any European official of any country that they had problems or concerns with any specific aspect of the Inflation Reduction Act that were being discussed publicly.”
But European officials say they were annoyed to have learned about it first in the media. After all, the U.S. and the EU had just barely over a year before set up a new body — called the Trade and Technology Council – for the express purpose of coordinating on such policies.
Crisis mode
EU officials are now scrambling to find some way out of the conundrum inflicted on them by the IRA, particularly the bill’s provisions on electric vehicles, which gave favorable treatment to Mexico and Canada, but not the EU. A leader of an EU country, who didn’t want to be named, said this week that, “We are confident that by raising it we can make sure the U.S. does the right thing.”
The European Commission established a “task-force” in October led by Von der Leyen’s chief of staff Bjoern Seibert and deputy national security adviser Mike Pyle to explore options. In particular, they are trying to ensure that the local provisions part of the law which allows manufacturers from Mexico and Canada to benefit from tax breaks, could also apply to Europe.
But there isn’t great hope in Europe at this point that the United States will fundamentally change the offending provisions of the IRA. U.S. Trade Representative Katherine Tai said following a meeting with Commissioner Valdis Dombrovskis in Brussels this week that the EU needed to be “realistic” about resolving concerns.
Manchin said he is open to addressing any suggestions the Europeans may have, working with them closely to ensure there isn’t a brutal fight to win the technological race toward a new energy economy.
It’s unclear how much power he’ll have now that Democrats have a 51-member majority in the Senate, rather than the 50-50 split that regularly gave Manchin the swing vote. And with Republicans in control of the House of Representatives, the prospects look dim for major legislation on complex subjects.
For now, Manchin is looking forward to resting on his flight home and shifting out of sales mode — at least for now.
“I didn’t know it would be this intense, to be honest with you,” he said.
Burgess Everett, Matt Kaminski, Jakob Hanke Vela, Hans von der Burchard and Ryan Heath contributed to this report.
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