With a hand from Burgess Everett and Nancy Wu

WHY DID THE LESSER PRAIRIE CHICKEN CROSS THE AISLE? — As Republicans in Congress try to dismantle the regulatory framework they rail against, they’re also handing red-state Democrats up for reelection next year chance after chance to buck their party, break with the president and burnish their aisle-crossing bona fides.

The Senate will take up two resolutions today to roll back Biden administration rules, one to repeal Biden’s two-year pause on news tariffs for Chinese manufacturers routing solar panels through Southeast Asian countries and another to nullify the Endangered Species Act protections of the lesser prairie-chicken.

They’re just the latest in a campaign by Congressional Republicans to roll back small slivers of regulation enacted by the Biden administration that already forced President Joe Biden to issue the first vetoes of his administration. Republicans are using the Congressional Review Act, a tool the minority can use to force votes on rolling back recently enacted rules within a tight window of time. CRAs just need a simple majority, so there’s no filibuster threat, andt the measures are considered a “privileged resolution,” which compels the majority to schedule a vote even without Senate Democratic leadership supporting the move.

Here comes the solar tariffs: Republicans are expected to have plenty of Democratic company on the measure on tariffs for solar panels assembled in Cambodia, Malaysia, Thailand or Vietnam using parts from China. It’s not just West Virginia Democrat Sen. Joe Manchin: Sen. Ron Wyden (D-Ore.) told Huddle last night that he sees reimposing the tariffs as a move towards bringing solar manufacturing back home and an extension of the clean energy tax credits that he authored.

Democratic Sens. Sherrod Brown of Ohio and Bob Casey of Pennsylvania have also expressed support. Brown, who is up for reelection next year, doesn’t usually join the GOP, but he sees the potential to return solar manufacturing to the U.S. as a boon for American workers.

“Anybody that is on the other side, they are supporting slave labor,” said Sen. Rick Scott (R-Fla.) Tuesday, referencing the widespread use of forced Uyghur labor in solar manufacturing in China’s Xinjiang province (more on that below).

“I’m very sympathetic to my colleagues. It’s a hard issue. But red, white and blue manufacturing, particularly now, when people see we’re serious about it, that’s the key time in this two year window when the Chinese can hit us” said Wyden.

Winner, winner lesser prairie-chicken for dinner? Sen. Roger Marshall (R-Kan.) told Huddle that while he doesn’t have a whip count of Democrats who could join Republicans in support, he’s been doing active outreach. “We’re talking to them,” he told Huddle of Sens. Manchin and Jon Tester (D-Mont.) on Tuesday. Manchin hasn’t indicated yet how he will vote on the measure.

It may be the lesser prairie chicken but there’s not many other birds with a greater reputation on the Hill. The lesser prairie chicken is a nearly annual political pawn in federal spending and defense policy fights. But don’t you dare confuse it with the sage grouse.

“I haven’t made a decision on CRAs, but we’re gathering information,” Tester, who is seeking reelection in 2024, told your Huddle host on Tuesday.

Manchin’s CRA math: Manchin hasn’t announced his plans for 2024, but his CRA track record could serve him well if he runs for reelection. Every vote that Republicans force to roll back Biden administration rules and regulations is an opportunity for red-state Democrats like Manchin and Tester to prove their independence from the president and their party to voters back home. Manchin has voted with Republicans for three previous CRA resolutions this year and has plans to back more.

• WOTUS: Manchin and Tester both voted in favor or rolling back the Biden administration’s “Waters of the United States” rule, along with Sens. Jacky Rosen (D-Nev.) and Kyrsten Sinema (I-Ariz.), who are both up in 2024.
• ESG: Tester and Manchin were the only Democrats to join Republicans voting to roll back the Department of Labor’s rulemaking to allow fiduciaries to take environmental, social and governance — or ESG — factors into consideration when choosing retirement investments. Both resolutions were vetoed by Biden.
• Trucks: Manchin stood as the lone Democrat in favor of emission standards for heavy-duty trucks that would cut harmful soot and smog pollution from trucks starting in model year 2027.

Coming down the (tail)pipe: Manchin will join Republicans again in favor of repealing EPA’s proposed rule to limit smog, soot and carbon from cars and trucks starting with model year 2027. Senate Republicans said they will bring a CRA resolution on the policy, but the offending rule isn’t even finalized, which would push any Congressional action until early next year.

Note: Those D.C. crime and policing bills? Sure, they were aimed at rolling back policies, but under a separate process and not tied to the Congressional Review Act.

GOOD MORNING! Welcome to Huddle, the play-by-play guide to all things Capitol Hill, on this Wednesday, May 3, where debt limit doomsday is a downer.

SINEMANCH RETURNS — “Joe Manchin and Kyrsten Sinema saved the filibuster and cut down President Joe Biden’s agenda, delighting Republicans. Now they’re breaking with Democrats on the debt limit, and Republicans hope they keep it coming,” writes Burgess this morning.

They have different approaches: Sinema quietly dined with Speaker Kevin McCarthy (R-Calif.) and signaled to her friends on the GOP side of the aisle for a negotiated solution. Manchin’s statements pushing for bipartisan talks are highlighted in GOP press releases. More on the duo positioning themselves for potential Senate debt talks.

Speaking of debt drama, Dems deliver: House Democrats are prepping a Hail Mary while Republicans wait on President Joe Biden to meet them at the table when it comes to solving the debt crisis, Nicholas and Caitlin report. Minority Leader Hakeem Jeffries (D-N.Y.) told his caucus in a Tuesday letter that he’s pursuing a discharge petition on a standalone debt limit hike. That petition allows any bill to come to the House floor with the signatures of a simple majority of members — which means Democrats would need a handful of Republican colleagues to agree, but that’s very unlikely to happen.

Meanwhile … Senate Minority Leader Mitch McConnell (R-Ky.) confirmed that he will attend next week’s White House meeting while stressing that a deal must be struck by Biden and McCarthy: “There is no solution in the Senate.”

Related read: How McCarthy could pick off centrist Dems with 4 debt-limit ideas, from Jennifer Scholtes, Caitlin Emma, Kelsey Tamborrino and Michael Stratford

CRAMER IN NO RUSH — Burgess reports that GOP Sen. Kevin Cramer (N.D.) waited until February of 2018 to get the Senate race — and he’s taking his time this year too. But don’t put Cramer on your retirement watch lists. In an interview, the chatty North Dakotan indicated that although he hasn’t done anything official, he’s still on track to run for a second term: “We don’t have filing yet nor have I formed exploratory committees or anything like that. But I’ve been doing a lot of fundraising. My first quarter this year probably signifies” something, he said. He raised $676,000, a tidy sum for a state that at the moment is pretty much safe for the GOP.

WHO’S ON MANCHIN CALENDAR? — Manchin is set to meet with secretary of Labor nominee Julie Su today, according to a person familiar. Manchin has expressed reservations about Su privately to his colleagues and the White House, but hasn’t said whether he will vote against her nomination for Labor secretary.

MENENDEZ ON MILITARIZATION — Sen. Bob Menendez (D-N.J.), who is often critical of the his own party’s immigration policies, slammed the White House’s decision to send 1,500 troops to the southern border to deal with the influx of migrants expected with the expiration of Title 42. “The Biden Administration’s militarization of the border is unacceptable,” he said in a statement Tuesday afternoon. “There is already a humanitarian crisis in the Western Hemisphere, and deploying military personnel only signals that migrants are a threat that require our nation’s troops to contain. Nothing could be further from the truth.” Menedez pointed to a list of recommended executive actions as a way for the administration to address migrants at the southern border – something he repeated over and over to reporters who asked him Tuesday about the expiration of Title 42 next week.

CHC COMMS DIRECTOR DEPARTS ― The Congressional Hispanic Caucus’ communications director is stepping down after about nearly three months on the job ― leaving the caucus down to just one employee, its executive director. Bianca Lugo Lewis, the CHC’s communications director, said she’s leaving the office for a new opportunity, Nancy reports. Lugo began her role back in February of this year, following the firing of the group’s executive director, Jacky Usyk. Lugo’s departure leaves the caucus’ already slim staffing with just one employed staffer ― Angel Colón-Rivera, the CHC’s executive director.

BRINGING DOWN THE HAMMER — The bipartisan House China Select Committee is launching an investigation into whether American businesses are using Uyghur forced labor in an effort to send a message to them to fix their supply chains or get out of China. A person familiar told Huddle that the investigation will build off testimony the panel heard at its March 23rd hearing.

ICYMI: FEINSTEIN MAY RETURN — They say a picture is worth 1,000 words. Senate Majority Leader Chuck Schumer (D-N.Y.) spoke to Sen. Dianne Feinstein and the ailing California Democrat is “hopeful” she’ll return to Washington next week, according to notes the Senate majority leader held at a Tuesday press conference. A photo of the notes was captured by POLITICO photographer Francis Chung.

GAETZ PRESSES CHARGES — A woman who shouted and threw a glass of wine at Rep. Matt Gaetz (R-Fla.) over the weekend — in Florida, not at the WHCD — already faces one felony count of battery on an elected official and another count of misdemeanor battery, but Gaetz says he’ll also be pressing charges.

Gaetz told Jesse Waters on Fox News last night that he and his wife are “happy warriors” and are “undeterred” by the incident. He also shared that the drink tossed was white wine. “I would not have been very interested in that. I’m here for the bold reds,” Gaetz said.

QUICK LINKS

As First Republic Bank faltered, five members of Congress dumped their personal stock investments, from Dave Levinthal, Alexandria Jacobson, Mark Alesia, at Raw Story

From TikTok to ‘90s rap, Jamaal Bowman is learning to raise his voice in Congress, from Scott Wong at NBC News

Biden to send Sean Patrick Maloney to Paris as OECD ambassador, from Hans Nichols at Axios

Opinion: Can the Capitol hold a much bigger House? Yes, here’s how it would look. From Danielle Allen for The Washington Post

Republicans aim to disrupt general election debates amid Trump complaints, from Michael Scherer and Josh Dawsey at The Washington Post

TRANSITIONS

Reed Powell has been named a legislative assistant for Rep. Greg Steube (R-Fla.). He most recently was a professional staff member for the House Communications Standards Commission and is a Jody Hice and Stephanie Bice campaign alum.

Olivia Tripodi is now comms director for Rep. Steve Womack (R-Ark.). She most recently was press secretary for Rep. Stephanie Bice (R-Okla.).

Paul Babbitt is now senior legislative assistant/counsel for Sen. Mark Kelly (D-Ariz.). He was previously counsel on House Ag and is a Tom O’Halleran alum.

Tyler Jessee is now scheduler for Rep. David Trone (D-Md.). He most recently was a new member orientation assistant for the House Administration Committee.

TODAY IN CONGRESS

The House is out.

The Senate convenes at 10 a.m. and at 11:30 a.m. will vote on confirmation of Orelia Eleta Merchant to be U.S. District Judge for the Eastern District of New York and cloture on Wesley L. Hsu to be U.S. District Judge for the Central District of California.

At 6:15 p.m the Senate will hold roll call votes on the solar tariff CRA, the lesser prairie chicken CRA, the Hsu nomination (if cloture is invoked), and cloture on LaShonda A. Hunt to be U.S. District Judge for the Northern District of Illinois.

AROUND THE HILL

Noon Schumer and committee chairs hold a press conference to launch a new national security and china competition bill. (Ohio Clock Corridor)

Noon Sens. Lindsey Graham (R-S.C.) and John Cornyn (R-Texas) will hold a press conference calling on President Biden to reverse course and keep the Title 42 immigration policy in place. (Senate Studio)

2 p.m. Sen. Rick Scott (R-Fla.) holds a press conference on the debt limit. (Senate Swamp)

3 p.m. Senate Majority Whip Dick Durbin (D-Ill.) and Sens. Menendez, Tim Kaine (D-Va.) and Peter Welch (D-Vt.) will meet with Venezuelan opposition leader Juan Guaidó, who recently fled Venezuela. (S-321)

TRIVIA

TUESDAY’S WINNER: Tada Takashi correctly answered that Millard Fillmore selected architect Thomas U. Walter to construct large northern and southern wings containing new legislative chambers in the U.S. Capitol.

TODAY’S QUESTION: Who was the first woman promoted to brigadier general in the U.S. Air Force (1971) and the first female major general in any armed forces in 1973?

The first person to correctly guess gets a mention in the next edition of Huddle. Send your answers to [email protected]

GET HUDDLE emailed to your phone each morning.

Follow Katherine and Daniella on Twitter: @ktullymcmanus and @DaniellaMicaela

Follow Us