Several lawmakers from both parties want to use the Congressional Review Act to overturn Biden administration regulations (TD 9995) implementing the mineral and battery sourcing rule to qualify for the Section 25E and 30D electric vehicle tax credits.
The lawmakers argue that regulations around the credits do not limit critical mineral sourcing from China as strongly as the law intended.
“I totally disagree with what you all are doing implementing the EV credits,” Manchin told Treasury Secretary Janet Yellen during a June 4 hearing. Manchin continued to tell Yellen that he is “encouraging every manufacturer to sue you” and would submit amicus briefs in lawsuits against Treasury on the issue, adding additional legal uncertainty around the rulemaking.
Manchin and Brown introduced a Congressional Review Act resolution to overturn the language and force the Biden administration back to the drawing board on mineral sourcing, if the resolution passes both chambers of Congress — and survives a possible veto from President Joe Biden. Reps. Jared Golden, D-Maine, and Carol Miller, R-W.Va., also introduced a companion resolution in the House of Representatives, reflecting bicameral support to revoke the critical mineral sourcing language.
The CRA is a law that allows Congress to use resolutions, rather than new laws, to overturn agency rulemakings, forcing regulators to rewrite rules around particular topics. Notably, the law grants such resolutions fast-track privileges, including bypassing the frequent 60-vote threshold needed to open debate on resolutions and bills in the Senate, and lowering the bar for passage.
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