- The Washington Times - Monday, December 20, 2021

Democrats from the White House to Congress refuse to accept that President Biden’s $1.75 trillion Build Better Act is dead for the foreseeable future.

Administration officials and senior lawmakers say Sen. Joe Manchin III, West Virginia Democrat, can be made to support the package, or some version of it, with time. Despite such assertions, Democrats are divided over the tactics and strategy to do so.

Some say the only way to get Mr. Manchin to fold is by ramping up public pressure. To that end, Senate Majority Leader Charles E. Schumer, New York Democrat, has pledged to hold a vote on the social welfare and climate change bill once lawmakers return to Capitol Hill in January.

“The Senate will, in fact, consider the Build Back Better Act very early in the new year so that every member of this body has the opportunity to make their position known on the Senate floor, not just on television,” Mr. Schumer said. “We are going to vote on a revised version of the House-passed Build Back Better Act, and we will keep voting on it until we get something done.”

Mr. Schumer said the maneuver will force Mr. Manchin to go on record opposing several of the package’s more popular provisions, including universal pre-kindergarten and expanded Medicare benefits for seniors.

Even if the bill fails, Democratic leaders say, the exercise will force lawmakers to publicly debate the bill’s merits and see whether a compromise is possible.


SEE ALSO: Schumer vows Build Back Better votes in the new year, wants to put senators on the record


“We simply cannot give up,” Mr. Schumer said. “We should … be determined to finish the work that remains undone.”

Some Democrats fear the tactic will backfire. They say that forcing futile votes will not change Mr. Manchin’s mind and is likely to calcify his intransigence.

“He went on Fox News and told the world he’s opposed to the bill,” a Democratic lawmaker told The Washington Times on the condition of anonymity. “I don’t think voting against this bill on the floor of the Senate makes any difference right now.”

Complicating matters is that Mr. Manchin has publicly expressed frustration with the heavy-handed tactics that Democrats and the White House have used when lobbying for his support of the bill.

In a radio interview on Monday with West Virginia Metro News, Mr. Manchin said such efforts devolved into “absolutely inexcusable” intimidation by senior members of the White House staff.

“They figured surely to God we can move one person. We surely can badger and beat one person up,” Mr. Manchin said. “Surely we can get enough protesters to make that person uncomfortable enough that they’ll just say, ‘OK, I’ll vote for anything.’


SEE ALSO: Liberals irked by Manchin call for new Senate apportioned by population


“Well, guess what? I’m from West Virginia. I’m not from where they’re from, and they can just beat the living crap out of people and think they’ll be submissive, period,” he added.

Given the vocal gripes, administration officials say a more nuanced approach is needed. White House figures say that given Mr. Biden’s amicable relationship with Mr. Manchin, the duo can hash out a compromise after tempers cool over the Christmas recess.

“We absolutely want to work with Sen. Manchin and all Democrats to get this done,” said White House press secretary Jen Psaki. “I will say that from the president’s viewpoint … he’s worked with Mr. Manchin over the course of decades. They share fundamental values. They’re longtime friends. That has not changed.”

The exact nature of how the Build Back Better bill moves forward remains unclear. Some lawmakers say the easiest way is to split up the most popular portions of the bill and attempt to pass them alone.

Sen. Edward J. Markey, a Massachusetts Democrat who authored the Green New Deal, said such a strategy should be used to tackle climate change with Mr. Manchin’s buy-in.

“Major climate and clean energy provisions of the Build Back Better Act have largely been negotiated, scored for 10 years and financed,” Mr. Markey said. “Let’s pass these provisions now. We cannot let this moment pass.”

Mr. Manchin told West Virginia Metro News that he would be open to considering the bill or portions of it if it moved through the regular “committee” process.

That path is fraught with risk. A major stand-alone bill, such as one dealing with climate change, would take significant time and effort to pass. It would monopolize a large portion of the 2022 legislative season after taking into account fiscal deadlines, nominations and other must-pass measures.

Adding to the likelihood is that Democrats have only limited use of the reconciliation process, which allows some spending and tax measures to avert the Senate’s 60-vote filibuster threshold and pass via a simple majority.

“The problem is that due to the filibuster, we can’t vote on items individually,” said Rep. Alexandria Ocasio-Cortez, New York Democrat. “For the most part, the only major legislation the Senate can pass [with] 51 votes are reconciliation bills, [and] we only get two per year.”

Lawmakers say that could sideline the social welfare and tax provisions indefinitely, especially if Republicans sweep Congress in the midterms as expected.

Under normal circumstances, such a compromise could be expected.

But far-left Democrats are unwilling to accept such a fate and say the White House should take unilateral action to overcome Mr. Manchin’s obstruction.

“At this point, we should not wait for that legislative path for the president to take action,” said Rep. Pramila Jayapal, Washington Democrat and the Congressional Progressive Caucus chair. “I just think there are too many Americans hurting, there’s too much at stake.”

Mr. Biden is not ready to entertain such an approach. Administration officials say any executive action would be temporary, likely to be struck down by the courts or reversed under a Republican president.

“The benefit of legislation is obviously that it makes it permanent,” Ms. Psaki said.

• Haris Alic can be reached at halic@washingtontimes.com.

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