Congress chafes at Biden’s critical mineral plan with European Union

Washington — Bipartisan members of Congress are questioning the fairness of President Joe Biden’s efforts to treat the European Union as a free trade partner in order to qualify for new electric vehicle tax credits. 

It is the latest step in the administration’s efforts to quell the diplomatic uproar caused by the Inflation Reduction Act, which aimed to wean the United States off of Chinese clean energy supplies by bolstering domestic and allied supply chains.

The Inflation Reduction Act, passed last year, created new consumer-facing discounts for electric vehicles. But to qualify, an EV has to be assembled in the U.S. and include increasing amounts of battery minerals and components sourced domestically or from a free-trade partner. 

President Joe Biden met with European Commission President Ursula von der Leyen in the Oval Office Friday, March 10, 2023. The two made plans to negotiate an agreement that would make European minerals eligible for use toward EV tax credits.

Allies like the European Union, the United Kingdom and Japan criticized the legislation over concerns that they would be boxed out of new electric vehicle investments, in part because they are not among the 20 countries with which the United States currently shares a free trade agreement.

West Virginia Democratic Sen. Joe Manchin, who shaped the new credits, has since said that he didn’t know the United States and the European Union didn’t have such an agreement when he wrote the law.

The Treasury Department has said it plans to generously interpret the meaning of a free trade agreement, and last week Biden announced he and European Commission President Ursula von der Leyen would “immediately begin negotiations” on a critical minerals agreement “for the purpose of enabling relevant critical minerals extracted or processed in the European Union to count toward requirements for … (the) clean vehicle tax credit of the Inflation Reduction Act.”

The administration is reportedly pursuing similar agreements with Japan and the United Kingdom. 

That didn’t sit well with several members of Congress, who questioned Treasury Secretary Janet Yellen about the administration’s plan — particularly because the Constitution gives Congress the power to regulate trade with other countries. 

“We need to work with our allies on shared climate goals, but I also want to stress that the unprecedented way these agreements were written. With this exercise, we continue to upend the separation of powers on trade authorities,” said Rep. Linda Sanchez, D-California.