- The Washington Times - Thursday, January 11, 2024

Sen. Joe Manchin III, West Virginia Democrat and Senate Energy Committee chairman, will blast Biden administration officials Thursday who testify before his committee over what he calls an “unlawful” implementation of the Inflation Reduction Act.

According to prepared opening remarks obtained by The Washington Times, Mr. Manchin will escalate his feud with the administration over the execution of the tax and climate-spending law he co-authored.

Mr. Manchin will tell top officials at the Treasury and Energy departments that he’s ready to back any lawsuit against the government’s electric vehicle tax credits.

“I’m willing to go to court, because implementing the law faithfully is that important to our energy security and restoring American leadership in manufacturing,” Mr. Manchin’s prepared remarks state.

Energy Deputy Secretary David Turk and Treasury Deputy Secretary Adewale Adeyemo will testify on the administration’s handling of the EV credits and related supply chain issues.

“My problem is not with EVs,” Mr. Manchin will say. “My problem is this administration’s crusade to convert everyone over to an EV regardless of where the battery came from or what the law actually says.”

Mr. Manchin is a conservative Democrat and is not seeking reelection, but he hasn’t ruled out a third-party presidential run against President Biden. He’s become one of the administration’s biggest critics over its implementation of the Inflation Reduction Act (IRA).

Mr. Manchin has long accused officials of purposefully — and illegally — either failing to enforce or loosening the law’s domestic sourcing requirements for EV battery minerals and other components. He describes it as a scheme to boost EV sales and the number of purchasers who qualify for a $7,500 tax credit under the IRA.

The domestic-sourcing provisions were meant to chip away at U.S. dependency on China for critical minerals and other parts.
The administration has defended its moves, arguing it has discretion under the IRA.

Mr. Turk told Mr. Manchin’s committee last year that EV tax credits are “not a process that we control” at DOE.

Mr. Manchin requested a legal opinion last month from the Government Accountability Office after the administration released new EV tax credit guidance that he said flouted the law. He asked whether Congress could settle the matter by voting to overturn the regulatory decision under the Congressional Review Act. GAO has yet to issue a legal determination.

Mr. Adeyemo suggested when the tax guidance was released that automakers were rooting out ineligible foreign components and in compliance with the law, telling reporters that the industry has “already adjusted the supply chain to ensure buyers are eligible for these credits, and are continuing to do so.”

Mr. Manchin is set to accuse the administration officials of treating the tax code written by Congress like a “set of voluntary guidelines.”

“Unfortunately, it seems this administration is so hellbent on implementing their radical climate agenda for political gain that they are willing to bend and break the law and watch our manufacturing base continue to fall behind,” his prepared remarks say.

Mr. Manchin will briefly touch on a more positive note about the IRA by touting increased domestic energy production of all forms and saying how “proud we all should be of the law we actually passed.”

“The IRA is bringing more investment to this country than ever before, and it’s happening in states all across the nation,” he will say. “That is something that should be celebrated.”

• Ramsey Touchberry can be reached at rtouchberry@washingtontimes.com.

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