[Congressional Record Volume 169, Number 72 (Friday, April 28, 2023)]
[House]
[Pages H2093-H2103]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
DISAPPROVING THE RULE SUBMITTED BY THE DEPARTMENT OF COMMERCE RELATING
TO ``PROCEDURES COVERING SUSPENSION OF LIQUIDATION, DUTIES AND
ESTIMATED DUTIES IN ACCORD WITH PRESIDENTIAL PROCLAMATION 10414''
Mr. SMITH of Missouri. Mr. Speaker, pursuant to House Resolution 327,
I call up the joint resolution (H.J. Res. 39) disapproving the rule
submitted by the Department of Commerce relating to ``Procedures
Covering Suspension of Liquidation, Duties and Estimated Duties in
Accord With Presidential Proclamation 10414'', and ask for its
immediate consideration in the House.
The Clerk read the title of the joint resolution.
The SPEAKER pro tempore. Pursuant to House Resolution 327, the joint
resolution is considered read.
The text of the joint resolution is as follows:
H.J. Res. 39
Resolved by the Senate and House of Representatives of the
United States of America in Congress assembled, That Congress
disapproves the rule submitted by the Department of Commerce
relating to ``Procedures Covering Suspension of Liquidation,
Duties and Estimated Duties in Accord With Presidential
Proclamation 10414'' (87 Fed. Reg. 56868), and such rule
shall have no force or effect.
The SPEAKER pro tempore. The joint resolution shall be debatable for
1 hour, equally divided and controlled by the chair and ranking
minority member of the Committee on Ways and Means or their respective
designees. The gentleman from Missouri (Mr. Smith) and the gentleman
from Oregon (Mr. Blumenauer) each will control 30 minutes.
The Chair recognizes the gentleman from Missouri (Mr. Smith).
General Leave
Mr. SMITH of Missouri. Mr. Speaker, I ask unanimous consent that all
Members may have 5 legislative days to revise and extend their remarks
and submit extraneous material on the resolution under consideration.
The SPEAKER pro tempore. Is there objection to the request of the
gentleman from Missouri?
There was no objection.
Mr. SMITH of Missouri. Mr. Speaker, I yield myself such time as I may
consume.
Mr. Speaker, today, we take a bipartisan step toward holding China
accountable for its trade abuses.
These trade abuses are well known to all of us in this Chamber. Most
recently, this past December, President Biden's Department of Commerce
found that China is circumventing tariffs on imports into the U.S. by
shipping solar products through, not one country, not two countries,
not even three countries, but in fact, four countries in Southeast
Asia.
These tariffs were put in place by President Obama since 2012 to
provide a level playing field for American manufacturers who were
facing unfair competition in the U.S. market from solar products that
China was subsidizing and selling at unfairly low prices. By
circumventing these tariffs by shipping its products through Cambodia,
Malaysia, Thailand, and Vietnam, China has set up a solar panel export
scheme that cheats American workers and consumers.
So we know there is wrongdoing going on. We know China is cheating.
That is precisely why Members from both parties were stunned and
disappointed when the White House made the misguided decision to halt
for 2 years additional tariffs on Chinese solar products being sent
through these four countries.
At a time when China has a dominant position in solar production,
despite longstanding American innovation in this sector, should we
really be telling the world that there will be less accountability for
unfair trade practices?
The answer is not just no. Mr. Speaker, it is absolutely no.
But the President's proclamation to halt any new countervailing
duties and tariffs does just that. What is worse, it establishes a
lesser standard of accountability for China than the rest of the world.
The legislation before us today, H.J. Res. 39, Congressional Review
Act legislation on solar tariffs, will stop President Biden's
proclamation that has given a free pass for 2 years to unfair solar
imports from China that circumvent our trade laws.
The United States must maintain crucial protections for American
workers and our economy as a whole. We cannot surrender to China or any
other country and put American workers at a disadvantage.
This resolution has bipartisan support. I thank Representative Posey
for leading this initiative, and Committee on Ways and Means members
Dan Kildee of Michigan, Greg Murphy of North Carolina, Bill Pascrell of
New Jersey, Nicole Malliotakis of New York, and Claudia Tenney of New
York. The fact that Democrats and Republicans on our committee are
original cosponsors of this resolution shows just how bipartisan the
issue is.
We have to confront the Chinese Communist Party's bad behavior. We
have to hold it accountable.
Mr. Speaker, I urge votes in favor of this legislation, and I reserve
the balance of my time.
Mr. BLUMENAUER. Mr. Speaker, I yield myself such time as I may
consume.
I rise in opposition to this resolution.
My Republican friends continue to be in a state of denial of the
climate crisis, the real and urgent sense that we have now.
Last month, in Houston, I had an opportunity to meet with two dozen
leaders of the renewable energy sector. They weren't concerned about
rolling back the things that we have done. They want to accelerate it.
The chairman and my Republican colleagues have spoken at length about
the importance of increasing accountability for China's unfair trade
practices and maintaining protections for American workers.
It is interesting, though, that these same individuals voted against
Democratic provisions to strengthen our antidumping and circumvention
laws and reauthorize the Trade Adjustment Assistance in the America
COMPETES Act.
They all voted against the Inflation Reduction Act's provision to
incentivize clean energy domestic manufacturing. In fact, 2 days ago,
they voted to repeal these provisions.
This resolution would undermine America's hard-fought wins in the
Inflation Reduction Act.
There are problems. No doubt, the Chinese are likely cheating.
[[Page H2094]]
President Biden struck the right balance by instituting a temporary
freeze on these solar tariffs. This approach is how we fix the long-
term problem.
Importantly, he has said that he does not intend to extend the freeze
beyond June 2024 and that he will veto this resolution if it gets to
his desk.
My friends on the other side of the aisle are concerned about working
men and women. I would point out that the President's position is
consistent with the leaders in organized labor from IBEW, from LIUNA,
the Carpenters, and the Operating Engineers, people who represent these
hardworking Americans, as well as organizations in the environmental
community and the National Taxpayers Union.
This is a 2-year bridge that gives the solar industry the time needed
to reorient supply chains away from China and produce panels
domestically. We can't do that overnight, but we are committed to
making that change.
For too long, the United States has lacked a cohesive renewable
energy manufacturing policy. As a result, we have outsourced far too
much of our production.
In 2021, there were only 7 gigawatts of domestic manufacturing
capacity. That is the reality. But the Inflation Reduction Act marks a
significant departure from those flawed policies of the past. This
legislation bakes in domestic content bonuses in clean energy credits
to incentivize the industry to onshore production. But that takes time.
It also revives the advanced manufacturing credit and creates a new
manufacturing production tax credit.
The Inflation Reduction Act has already led to the announcement of
more than 45 gigawatts of domestic solar manufacturing capacity. Again,
my Republican colleagues voted to repeal all of those incentives just 2
days ago.
Ending the President's temporary initiative here would immediately
institute high, retroactive tariffs in the hundreds of percent that
would hurt solar development, increase energy costs, and lead to a
supply reduction at exactly the moment when the climate crisis means
that we need to ramp it up.
Many of us in Congress worked for years to achieve the policy
victories contained in the Inflation Reduction Act.
The clean energy tax credits are projected to reduce carbon emissions
40 percent by 2030, giving us a legitimate chance to meet the goals
contained in the Paris climate agreement. We should resist these
efforts to undermine this hard-won victory for America.
I would encourage my colleagues to take a hard look at the
legislation and then reject it when it comes before us for a vote.
Mr. Speaker, I reserve the balance of my time.
Mr. SMITH of Missouri. Mr. Speaker, I yield myself such time as I may
consume.
Mr. Speaker, I also want to highlight another member of the House
Committee on Ways and Means that is a cosponsor and a supporter of this
resolution, Ms. Terri Sewell from Alabama.
Mr. Speaker, I include in the Record a letter from the Auxin Solar
founder and CEO thanking Speaker McCarthy and House Republicans for
bringing this resolution to the House floor. Auxin is a small
California company with 37 full-time employees that filed a petition
last year asking the Department of Commerce to investigate whether
Chinese firms were circumventing existing tariffs. Auxin strongly
supports this resolution so that the company and its workers can get
relief from unfair Chinese competition and end what it calls the get-
out-of-jail-free card that President Biden gave to duty evaders.
Auxin Solar,
San Jose, CA, April 27, 2023.
Hon. Kevin McCarthy,
Speaker, House of Representatives,
Washington, DC.
Dear Mr. Speaker: I'm writing to you on behalf of myself,
my business partner Sherry Tai, the 37 full-time employees of
Auxin Solar, and our families to thank you for bringing to
the floor for a vote H.J. Res.39, the Congressional Review
Act resolution.
By just bringing this resolution to the floor for a vote,
you are sending a strong signal that the United States
Congress will stand up against the Chinese Communist Party
and their unfair trade practices on behalf of American
manufacturers and our workers. More importantly, when we see
Congress vote on this resolution, you will be giving me and
Sherry the strength to continue our fight against unfairly
traded solar imports and the confidence to continue to
reinvest our personal finances into making Auxin Solar a
leader in U.S. solar manufacturing.
Sherry and I co-founded Auxin Solar in 2008 and, since that
time, we have been providing high-paying jobs to our
employees in Silicon Valley, California. In 2008, we
forecasted that solar cells and solar modules would
eventually become commodity products that could compete on a
cost basis with traditional energy sources. That has come
true. Solar deployment is reaching year-over-year all-time
highs because of the cost parity with traditional energy
sources. With our low overhead, competitive costs, and high
employee retention rates, we should have been printing money
in a growing demand environment. But what we didn't forecast
when we started Auxin Solar was the anticompetitive behavior
of China and the success that China would have in dominating
the solar supply chain.
In the early 2010s, China was so far behind the United
States in solar technology and know-how. To catch up, CCP
agents stole our intellectual property. Then the CCP used
draconian duties to effectively prohibit U.S. polysilicon
companies from selling into the Chinese market. When the U.S.
imposed duties to offset predatory pricing in solar, China
used its industrial policies to assist major Chinese CCP-
connected solar companies in their move out of China to
circumvent U.S. trade laws. It took just ten years but now,
China dominates the entire solar supply chain. They use
forced labor practices to mine polysilicon. They use coal-
fired energy to power ingot and wafer-making. And they use
Southeast Asia as screw-driver operations to circumvent trade
laws.
In the face of predatory Chinese pricing in the United
States, and when our domestic competitors closed, Auxin
continued to operate. Sadly, what we've learned in the last
five years is that the trade remedy laws are not designed for
medium-sized enterprises like Auxin. Take for example what
happened during the initial solar safeguard. Although demand
continued to grow with duties in place in 2018, major energy
companies complained and lobbied to attain an exclusion for
bifacial panels. Bifacial panels are solar modules that
generate electricity using both sides of the panel. Since
2016--well before the safeguard even started--Auxin Solar was
one of the only companies to produce bifacial panels in
America. Our bifacial panels were used in major utility-scale
projects in Lumberton, New Jersey and by Georgia Power at the
Mercedes Benz Stadium in Atlanta, Georgia. They were also
used in Columbus, Ohio on the largest ever commercial rooftop
solar array ever installed. Since an exclusion for bifacial
panels was granted, bifacial panel pricing premiums collapsed
and bifacials quickly became the majority of imports. In
fact, just to avoid duties, companies will go so far as to
put bifacial panels on residential homes even though only one
side of the panel is used. This is done simply to avoid
duties and has the direct result of undermining Auxin's
business.
The same thing happened again when Auxin tried to stand up
and combat the surge in panels from Southeast Asia, which
consist almost entirely of Chinese content. Had these exact
same panels come directly from China, they would have been
subject to duties put in place by the U.S. International
Trade Commission. Although others in the domestic industry
wanted this circumvention loophole closed, we were the only
ones willing to publicly put our name on a filing. We were
immediately subjected to online harassment, cyber intrusion,
and attempted physical break-ins to our facility. Our stellar
Google reviews, which we use to pitch to potential employees,
became single star reviews accompanied by hateful language. A
website called ``ExposeAuxin.com'' was created to spread lies
and disinformation about us.
Against it all, we continued to have faith that the
Commerce Department's quasi-judicial process would work to
instill price discipline in the market and close the duty
evasion loophole. But President Biden mistakenly intervened
in our circumvention case because of a loud misinformation
campaign lead by Chinese special interests. The resulting
tariff-free holiday for all imports from Southeast Asia is
bad policy because it acts as a ``get out of jail free'' card
to duty evaders and sends a signal to law-abiding importers
that it doesn't pay to follow the law and pay a fair price
for a solar panel.
Today at Auxin Solar, we're operating at a fraction of our
capacity utilization because of the concerted effort to
silence us and scare us into withdrawing our trade fight. Our
ability to raise capital, hire new employees for expansion,
and secure new sales opportunities continue to be hampered.
Sherry and I are first generation immigrants. We are a
minority- and woman-owned medium sized business. When
politicians talk about how Washington should work better for
middleclass Americans, the ``tariff holiday'' does not do
that. Instead, it provides a windfall for Wall Street and
doesn't give a fighting chance to American workers to compete
against Chinese solar.
On broad policy, we must counteract the Chinese dominance
of the solar supply chain for our energy security. We should
be asking ourselves whether we want the Chinese Communist
Party to control our electricity grid. We should be asking
ourselves if the Chinese Communist Party will stifle our
ability to meet our carbon-neutral goals by imposing
[[Page H2095]]
export restraints on key technology or halting sales of solar
to the U.S. And we should be asking if we are okay with
meeting our carbon objectives on the back of forced labor,
from massive expansions in coal-fired power plants, and from
intellectual property theft. I've been in the solar business
for 15 years and solar deployment is good for business. But
there are bigger issues here than quarterly profits and
investor returns. This is why I strongly support your
creation of the bipartisan Select Committee on the Chinese
Communist Party, which should continue to shed light on these
issues for the American people to understand.
At Auxin Solar we've withstood Chinese predatory behavior
for 15 years. I refuse to let the Chinese prevail and put
Auxin Solar out of business. Right now we're in the midst of
a major capacity expansion at Auxin Solar funded by me,
Sherry, and our families. Once we have our expansion online,
we would be pleased to welcome you to visit so that we can
thank you in person for bringing H.J. Res. 39 to the floor
for an up-or-down vote.
Sincerely,
Mamun Rashid, CEO.
Mr. SMITH of Missouri. Mr. Speaker, I yield 2 minutes to the
gentleman from North Carolina (Mr. Murphy).
Mr. MURPHY of North Carolina. Mr. Speaker, I rise today in support of
H.J. Res. 39.
We are here today because the Biden administration is hell-bent on
making the United States energy dependent upon China. They are hell-
bent on signing this Nation's death warrant. In pursuit of everything
green, the Biden administration has given a free pass for Chinese solar
imports to flow into this country by all means, using an emergency
proclamation.
The last time a President used an emergency proclamation was for
lumber in 1946 when American World War II veterans were returning home
and needed homes.
Today, Mr. Biden, or whoever is running the White House, is using it
to waive tariffs on Chinese solar panels coming through Cambodia,
Malaysia, Thailand, and Vietnam for 2 years.
Helping war heroes is an emergency, but speeding up total dependence
on our greatest adversary is another. It is an absolute abuse of
executive power. It is helping our greatest adversary take control of
this country.
Why on God's green Earth are we handing this Nation's keys to the
nation of China?
Chinese producers and the CCP are taking advantage of this system to
circumnavigate the tariffs. They are cheating. Don't just take my word.
Take the President's own Department of Commerce who determined that
this would happen, even before President Biden did his emergency
proclamation.
This is simply un-American and a crystal clear abuse of emergency
power by this American President.
We need to prioritize American manufacturing, not Chinese
manufacturing. We need to produce the energy here in the United States,
not handing this to China, our greatest adversary.
Mr. Speaker, I urge my colleagues to support this bill, H.J. Res. 39.
Mr. BLUMENAUER. Mr. Speaker, I include in the Record a statement from
the carpenters union and operating engineers union, who oppose
legislation that eliminates thousands of jobs; the International
Brotherhood of Electrical Workers; and LIUNA.
IUOE Contact: Jeff Soth
UBC Contact: Jen McKernan
Carpenters and Operating Engineers Unions Oppose Legislation That
Eliminates Thousands of Jobs
Washington, DC.--The following statement was issued today
by James T. Callahan, General President of the International
Union of Operating Engineers, and Douglas J. McCarron,
General President of the United Brotherhood of Carpenters and
Joiners of America, regarding their unions' opposition to
legislation that will eliminate thousands of American jobs:
Last year, the Department of Commerce opened a
circumvention inquiry, alleging that four Southeast Asian
countries were circumventing tariffs and duties on solar
cells and modules from the People's Republic of China. The
inquiry generated massive uncertainty in the domestic solar
market by suggesting possible retroactive tariffs as high as
250 percent. This threat resulted in a drop of 20 percent
fewer solar construction and installation jobs across the
United States.
President Biden took action to preserve these jobs, issuing
Emergency Proclamation 10414 to prevent tariffs on any solar
module and cell imports from the four countries until June
2024. House Joint Resolution 39 will repeal the President's
Proclamation and eliminate thousands of jobs in the American
solar industry.
``Repealing President Biden's Proclamation will result in
retroactive duties and tariffs that would jeopardize 30,000
construction and 4,000 manufacturing jobs,'' said James T.
Callahan, General President of the International Union of
Operating Engineers. ``We are not prepared to stand by and
let some partisan dispute eliminate Operating Engineers' jobs
and slow the deployment of clean energy.''
``The President's Proclamation saves Carpenters' jobs and
smooths the development of the domestic solar manufacturing
industry. Today, we're seeing the American manufacturing
sector respond to incentives in the Inflation Reduction Act
and develop homegrown solar modules,'' said Carpenters Union
General President Douglas J. McCarron. ``Now is not the time
to disrupt the solar industry and layoff thousands of union
workers just as we're getting a foothold in the burgeoning
solar business.''
The International Union of Operating Engineers and United
Brotherhood of Carpenters and Joiners urge Congress and
members of the Ways and Means Committee to vote against House
Joint Resolution 39, which will repeal the administration's
Proclamation and eliminate thousands of union jobs, slow the
deployment of renewable energy, and generate unnecessary
greenhouse gases.
____
International Brotherhood
of Electrical Workers,
Washington, DC, April 26, 2023.
To: All Members of the United States House of
Representatives.
Re House Joint Resolution 39.
Dear U.S. Representative: On behalf of the 775,000 active
members and retirees of the International Brotherhood of
Electrical Workers (IBEW), I write to share the IBEW's
opposition to H.J. Res. 39, the joint resolution of
disapproval regarding President Biden's two-year suspension
of certain tariffs on solar imports that is expected to soon
come before the committee for consideration.
The IBEW represents tens of thousands of workers who make
their living installing and maintaining solar generation.
This includes large, utility-scale solar developments that
are currently providing significant amounts of emission-free
power to schools, hospitals, and homes in the United States.
The IBEW also represents over 30,000 workers in the
manufacturing sector, making the supply chains that move the
economy. IBEW members have been intimately involved in the
development and deployment of solar power in the United
States since its infancy.
H.J. Res. 39 would nullify Proclamation 10414, a carefully
crafted compromise to give the Department of Commerce
authority to provide a two-year pause, from June 6, 2022, to
June 6, 2024, on potential anti-circumvention duties on solar
panels being imported from Malaysia, Vietnam, Thailand and
Cambodia. The Biden Administration made this compromise in
order to provide market certainty to allow U.S. companies to
continue deploying solar panels while providing a bridge to
strengthening the domestic U.S. solar polysilicon
photovoltaic supply chain.
For far too long, China has participated in unfair trade
practices and human rights violations that deeply undercut
the U.S. solar manufacturing industry. The U.S. Congress
responded by writing key provisions in the Inflation
Reduction Act, including the 45X Advanced Manufacturing
Production Credit and 48C Advanced Manufacturing Tax Credit,
which are providing the necessary market signals to solar
manufacturers to invest in America. These provisions, along
with the two-year bridge created under Proclamation 10414,
are making a real difference today and will create tens of
thousands of union jobs and help spur the kind of domestic
production of PV solar wafers, cells, and panels needed to
lessen America's reliance on supply chains from abroad.
Yet even the most significant investments cannot recreate
an industry overnight. With one year left in the Biden
administration's two-year pause on certain solar tariffs, the
IBEW has already seen the Inflation Reduction Act's benefits,
including more than 45 gigawatts in announced solar
manufacturing capacity since the law's passage. H.J. Res. 39
is a backward-looking resolution looking to reopen a settled
matter rather than create solutions. The IBEW has and will
continue to support congressional action that will lower
energy costs, strengthen the power grid, and create good-
paying union jobs. Moreover, at this time, IBEW does not
support an extension of the two-year pause on imposing anti-
circumvention duties on Malaysia, Vietnam, Thailand, and
Cambodia.
On behalf of the IBEW, I urge you to oppose H.J. Res. 39
when it is considered before the House. Please contact
Government Affairs Department Director Danielle Eckert if you
have any questions.
Sincerely yours,
Kenneth W. Cooper,
International President.
____
LiUNA,
Washington, DC, April 19, 2023.
Hon. Jason Smith,
Chairman, U.S. House Committee on Ways and Means, Washington,
DC.
Hon. Richard Neal,
Ranking Member, U.S. House Committee on Ways and Means,
Washington, DC.
Dear Chairman Smith and Ranking Member Neal: On behalf of
the 500,000 members of the Laborers' International Union of
North America (LIUNA), I write in opposition to the
Congressional Review Act (CRA) resolution regarding solar
panel manufacturing. This resolution will have a harmful
[[Page H2096]]
and disruptive impact on our members' jobs within the solar
industry.
Our nation's energy industry directly employs tens of
thousands of LIUNA members across the country. These jobs
span across all sectors of energy production including,
natural gas, nuclear, hydro, and renewables. By way of the
Inflation Reduction Act (IRA), The Biden Administration has
brought good-paying union construction jobs into the
renewable industry. Because of this, our members have seen a
significant and rapid growth within the renewables sector, in
particular the solar industry. These jobs are finally good
jobs, with family-supporting wages and benefits.
Repealing President Biden's moratorium, however, will bring
several solar construction sites to a halt, leaving our
members without a paycheck. We recognize that the Department
of Commerce's investigation found some solar panel producers
committing trade violations. Of course, in time, this will
need to be addressed.
This CRA resolution comes at a time when our nation is
looking to bolster its wind and solar industry, steering away
from more harmful energy sources. Our union has never seen
this much solar construction work, and future construction
work already on the books, within the renewable energy
industry, and it is now all at risk if the CRA is passed.
I urge you to oppose the Congressional Review Act being
marked up today in committee.
With kind regards, I am,
Sincerely yours,
Terry O'Sullivan,
General President.
Mr. BLUMENAUER. Mr. Speaker, I yield 2\1/2\ minutes to the gentleman
from Texas (Mr. Doggett).
Mr. DOGGETT. Mr. Speaker, ``Here Comes the Sun.'' It is more than a
great tune. It is about a great renewable future, but our Republican
colleagues refuse to see through the dark smoke of fossil fuels and
fossilized thinking. They just blindly follow Trump at every
opportunity to try to reduce progress on addressing the very real
climate crisis.
President Biden is both enforcing our trade laws and maintaining our
commitment for more solar power by giving American companies a
reasonable time to adjust their supply chains away from China and
without an unreasonable disruption of installing more solar panels all
across this country.
{time} 0930
This temporary tariff pause ends in only about a year. That is just
not soon enough for those who are determined to disrupt our move to a
clean energy future. I must say, this is a truly anti-business move
because it penalizes companies that have relied in good faith on the
President's order. It also, as my colleague from Oregon has just shown,
will kill a number of good-paying union jobs across this country.
Despite ice mass in Greenland and Antarctica melting at an average of
about 420 billion tons every year, already raising sea levels in the
Gulf of Mexico, Republican opposition in fighting climate change
remains frozen in the past.
Trading fossil fuel and fossil power for the power of the Sun by
getting as many solar panels as soon as possible is one way that more
and more American families and American businesses can make their
contribution to their own lower energy bills. It can help us respond to
the climate crisis that is already engulfing America with wildfires and
intensified weather, like tornadoes and floods and droughts in
different places, and, of course, hotter and hotter and hotter
temperatures.
At this dawn of a new clean energy era, now is not the time to
eclipse solar. In Texas, we are already number two in the country among
the States for solar capacity, creating thousands of new jobs and
providing clean energy and lower energy bills to thousands of families.
Austinites know that solar power saves them on their energy bills and
saves them when storms disrupt the grid.
Mr. Speaker, I hope my colleagues will see the light and see the
power of solar and join us in voting ``no'' on this misguided proposal.
Mr. SMITH of Missouri. Mr. Speaker, I yield 4 minutes to the
gentleman from Florida (Mr. Posey), the original sponsor of this
resolution.
Mr. POSEY. Mr. Speaker, I thank Chairman Smith for yielding.
Today, we are considering a historic bipartisan resolution to support
American solar manufacturers and workers and hold the Chinese Communist
Party accountable for dodging our trade laws.
H.J. Res. 39 will undo a Biden administration's rule that allowed
Chinese solar manufacturers who use forced labor to dodge American
trade laws and dump inferior product on the United States.
They are doing this by slapping a new label on their products and
exporting them to third-party countries like Cambodia, Malaysia,
Thailand, and Vietnam.
The Department of Commerce, in a preliminary investigation, concluded
that the Chinese solar companies are, in fact, sending their products
through these four southeast Asian countries to avoid paying a higher
tariff.
If left in place, this rule will benefit the Chinese Communist Party.
Make no mistake about that. They are not our friends; they are an
enemy. This will be at the detriment of American companies and workers.
Unfortunately, some believe we must tolerate China's bad decisions
and remain dependent on adversarial nations to create renewable energy.
That is a false choice, so says the AFL-CIO.
The United States can and should focus its resources into developing
our own solar products and boosting American competitiveness around the
world, rather than supporting China's quest to dominate the market and
control energy supply.
This bipartisan resolution is a critical step to hold the Chinese
Communist Party accountable for everything from their human rights
abuses to their unfair trade practices, all the while protecting
American solar manufacturers and workers.
Why not be an exporter of great American products rather than an
importer of cheap Chinese products?
For those who say they are clean energy advocates, I would like to
remind them that their Chinese solar panels are built without any
environmental protection or controls whatsoever. American solar panels
have environmental protection requirements.
Most are aware, and I hope everyone in this Chamber is for sure
aware, that through economic dominance, China hopes to achieve military
superiority. We need to stop helping China do that.
How good is this resolution?
As if the facts are not clear enough already, keep this in mind: This
is a policy that President Obama and President Trump both agreed on. I
know that is hard to believe, but you heard that right. It is a policy
that President Obama and President Trump both agreed on.
Additionally, we shouldn't sacrifice the Uyghur people at the altar
of convenience.
Mr. Speaker, I ask my colleagues to join me in supporting America and
H.J. Res. 39.
Mr. BLUMENAUER. Mr. Speaker, I appreciate my colleagues' newfound
concern for the environment and for the industry.
Mr. Speaker, I include in the Record correspondence from the solar
industry in the United States opposing their resolution and supporting
our position.
Re: Please Oppose Retroactive Duties and Protect American
Clean Energy Jobs and Investment With a ``No'' Vote on
the Auxin CRA (H.J. Res. 39/S.J. Res. 15).
We are writing to respectfully ask that you oppose H.J.
Res. 39/S.J. Res. 15. Enactment of this resolution would
impose over $1 billion in retroactive duty liability,
increase energy costs for consumers, cost thousands of
American jobs, and hamstring efforts to reduce greenhouse gas
emissions.
Last year, a single company filed anti-circumvention
petitions with the Department of Commerce (Commerce). The
threat of duties ranging from 50 percent-250 percent on solar
panels and cells from Malaysia, Vietnam, Thailand, and
Cambodia called for in the petitions abruptly froze solar
supply chains. A significant number of domestic solar
projects experienced cancellations or delays as a result.
To address this disruption, after Commerce accepted the
petitions and initiated a set of investigations, President
Biden issued an emergency declaration that included a
temporary 2-year pause on potential duties arising from the
investigations. This pause allowed planned solar projects to
move forward while the investigations proceeded.
American stakeholders subsequently relied on Commerce's
regulations to make significant business and economic
decisions. Nullifying Commerce's rulemaking as provided for
in H.J. Res. 39/S.J. Res. 15 would penalize companies, acting
in accordance with the law, by imposing large (up to 254
percent), unanticipated retroactive duty liability for these
stakeholders--back to April 1, 2022. Going back on this
federal commitment would create a chilling effect on American
business, setting a terrible precedent that undermines
America's competitiveness in the global marketplace.
[[Page H2097]]
Passing H.J. Res. 39/S.J. Res. 15 would also stall or
cancel planned solar projects, eliminate 30,000 jobs,
including 4,000 manufacturing jobs, and $4.2 billion of
investment in domestic solar projects. 4GW of planned solar
projects representing roughly 14 percent of the industry's
anticipated deployment in 2023 would be cancelled. This in
turn would increase CO2 emissions by 24 million
metric tons.
American businesses need certainty and a bridge to domestic
manufacturing. Right now, only about one-third of U.S. demand
for solar panels (including both crystalline silicon and thin
film photovoltaic panels) can be met with domestic
production, and domestic manufacturers are sold out for the
next 2-3 years. It is our preference to source solar panels
domestically, and we are heartened by the rapid expansion of
domestic solar manufacturing that is currently occurring.
However, ramping up this production capacity across the solar
supply chain will take time, and the temporary 2-year duty
pause provides a necessary bridge to the point where domestic
production capacity is more capable of meeting demand.
For these reasons, and to avoid needless disruption in the
solar marketplace, we respectfully ask that you oppose H.J.
Res. 39/S.J. Res. 15. Thank you in advance for your
consideration.
Sincerely,
Solar Energy Industries Association; American Clean Power;
American Council on Renewable Energy; Edison Electric
Institute; E2; Silicon Valley Leadership Group; Clean Energy
Buyers Association; Advanced Energy United; Coalition for
Community Solar Access.
____
Solar Energy Industries
Association,
Washington, DC, April 17, 2023.
Hon. Jason Smith,
Chairman, House Committee on Ways and Means, Washington, DC.
Hon. Richard Neal,
Ranking Democratic Member, House Committee on Ways and Means,
Washington, DC.
Re H.J. Res. 39, a resolution disapproving the rule submitted
by the Department of Commerce relating to ``Procedures
Covering Suspension of Liquidation, Duties and Estimated
Duties in Accord With Presidential Proclamation 10414.''
Dear Chairman Smith and Ranking Member Neal: I am writing
to you on behalf of the Solar Energy Industries Association
(SEIA), the national trade association for the U.S. solar
industry. On behalf of the 250,000 American workers employed
by the solar industry, I wanted to share our perspective in
advance of the Ways and Means Committee's consideration of
H.J. Res. 39.
Barring a major departure from the new regime governing
circumvention outlined in Commerce's preliminary
determination on December 8, 2022, SEIA does not plan to
advocate for an extension of the 2-year duty pause beyond its
current expiration on June 6, 2024. However, nullifying the
Department of Commerce (Commerce) rulemaking that provided
the 2-year duty pause would punish businesses who acted in
good faith and complied with existing law with over $1
billion in retroactive duties and undercut the rapidly
accelerating expansion of domestic solar manufacturing
capacity that will onshore the industry's supply chains over
the next few years.
Background
On February 8, 2022, a single company filed anti-
circumvention petitions with Commerce that caused havoc in
the U.S. solar industry. The threat of retroactive duties
ranging from 50-250 percent on solar panels and cells from
Malaysia, Vietnam, Thailand, and Cambodia called for in the
petitions abruptly froze the industry's supply chains.
Industry surveys indicated that 75 percent of domestic solar
projects experienced cancellations or delays as a result.
This significantly contributed to the drop in solar
deployment in 2022 compared to the previous year.
To address this issue and provide time for additional
domestic solar production to come online, President Biden
issued Proclamation 10414 on June 6, 2022, declaring an
emergency and authorization for temporary extensions of time
and duty-free importation of solar cells and modules from
Southeast Asia. The proclamation gave Commerce authority to
issue regulations providing a 2-year pause from June 6, 2022,
through June 6, 2024, on potential duties arising from these
petitions while the investigations proceeded. Commerce posted
the regulations in the Federal Register on September 16,
2022.
Impact of H.J. Res. 39
H.J. Res. 39 would nullify the Commerce rulemaking that
domestic stakeholders relied upon to make significant
business and economic decisions. Since Commerce regulations
provide that duty liability attaches upon initiation of a
circumvention inquiry, enactment of H.J. Res. 39 would
subject stakeholders to over $1 billion in duties retroactive
to April 1, 2022.
This abrupt and retroactive change in policy would
eliminate 30,000 good-paying U.S. jobs--including 4,000
manufacturing jobs--and $4.2 billion in domestic investment.
4 GW of solar projects would be cancelled, which would in
turn increase CO2 emissions by 42 million metric tons.
Temporary Duty Pause Provides Bridge to Domestic Solar Manufacturing
Domestic solar manufacturing capacity is rapidly expanding.
In 2021, the U.S. had the capacity to manufacture up to 7GW
per year of solar panels, or enough to meet roughly one-third
of total domestic demand. The U.S. solar industry prefers to
source equipment domestically and has put forward an
aggressive yet achievable roadmap to reach 50GW of domestic
solar manufacturing capacity by 2030. As an industry, solar
is diligently working to onshore its supply chains.
A major transition is underway. The Department of Energy
National Renewable Energy Laboratory's tracking of initial
public announcements shows forthcoming panel manufacturing
capacity totaling 42GW--on track to meet the industry's 50 GW
by 2030 goal. However, building out manufacturing facilities
and all the technology necessary to fully supply the solar
industry will take time.
H.J. Res. 39 would unfortunately undermine this progress.
Placing retroactive duties on solar cells, an essential
component of a solar panel for which there is currently no
domestic production, directly undercuts efforts to ramp up
domestic solar panel manufacturing.
The 2-year duty pause from June 6, 2022, through June 6,
2024, is a temporary measure that provides a bridge to the
point that domestic manufacturing is more capable of meeting
domestic demand. This policy is working, and our reliance on
foreign supply chains will lessen as more domestic production
capacity comes online. Barring a major departure from the new
regime governing circumvention outlined in Commerce's
preliminary determination, SEIA does not plan to advocate for
an extension of the 2-year duty pause beyond its current
expiration on June 6, 2024.
Conclusion
I appreciate the opportunity to share the U.S. solar
industry's perspective and concerns with H.J. Res. 39. Many
thanks in advance for your consideration, and I would be
happy to visit with you in greater detail about this issue.
Sincerely,
Abigail Ross Hopper, Esq.,
President & CEO,
Solar Energy Industries Association.
Mr. BLUMENAUER. Mr. Speaker, I yield 2 minutes to the gentleman from
California (Mr. Thompson), who played an instrumental role in crafting
many of these energy provisions. I love the partnership with him.
Mr. THOMPSON of California. Mr. Speaker, I thank the gentleman for
his leadership and yielding me the extra time to speak.
Mr. Speaker, I rise in opposition to this legislation.
Mr. Speaker, I share my colleagues' goal of ensuring that our trade
laws are fairly enforced. I certainly share our collective goal
promoting domestic manufacturing and jobs.
Let's be honest. The idea that our President wants to ship jobs to
China and make us dependent on China for our energy, this may sound
good, this political hyperbole may sound good, but it is flatout
nonsense.
If this legislation were to become law, it would cost, not create,
American jobs. In the long run, it would make it harder, not easier,
for our country to become energy independent.
This bill would make it impossible to deploy solar energy quickly
enough here in our country, here in the United States of America. It
would undercut the climate change investments in the Inflation
Reduction Act; the biggest investment in fighting climate change and
creating green jobs in our history.
This is an investment that we need. We have already heard from
numerous speakers on the impact that we have felt from climate change:
fires, floods, drought, and an increase in agricultural pests. This is
at a point where we need to deploy everything we can to make sure we
address the issue of climate change.
We all want solar products manufactured right here at home. That will
happen. But in the short run, our domestic industry can't increase
production fast enough to meet our demand or meet our climate goals.
Mr. Speaker, I urge my colleagues to oppose this bill.
Mr. SMITH of Missouri. Mr. Speaker, I include in the Record an
article from Politico called ``Trio of Democratic senators back
resolution to undue Biden's solar tariff pause.''
[From POLITICO PRO, Apr. 26, 2023]
Trio of Democratic Senators Back Resolution To Undo Biden's Solar
Tariff Pause
(By Kelsey Tamborrino)
Three Democratic senators said Wednesday they'd vote to
rescind President Joe Biden's two-year pause on new solar
import tariffs from four Southeast Asian countries--raising
the stakes on the measure that is set to force Democrats to
weigh both trade and climate considerations.
Sen. Joe Manchin (D-W.Va.) announced Wednesday that he'd
sign on to the resolution, marking another rebuke of the
Biden
[[Page H2098]]
administration's energy agenda from the West Virginia
Democrat. Sens. Ron Wyden (D-Ore.) and Sherrod Brown (D-Ohio)
separately also said Wednesday they'd support the measure
should it get a vote on the Senate floor.
The House is poised to vote this week on the measure, which
Biden has promised to veto should it reach his desk.
The resolution would undo the president's 24-month pause on
new import tariffs on solar cells and modules from Malaysia,
Thailand, Cambodia and Vietnam following the start of a
Commerce Department probe that roiled the solar industry.
Commerce released initial results in December that found
companies were circumventing tariffs on Chinese solar
equipment by routing them through the four nations. A final
determination is expected next month.
Lawmakers, led by Reps. Dan Kildee (D-Mich.) and Bill Posey
(R-Fla.) in the House and Rick Scott (R-Fla.) in the Senate,
introduced a resolution to rescind the rule enacting Biden's
two-year moratorium.
Manchin said Wednesday he would join the Senate resolution
as a co-sponsor, Scott's office and a Manchin spokesperson
confirmed.
While the Congressional Review Act resolution has
bipartisan support in the House, it so far had only
Republican cosponsors in the Senate.
``The United States relies on foreign nations, like China,
for far too many of our energy needs, and failing to enforce
our existing trade laws undermines the goals of the
Bipartisan Infrastructure Law and Inflation Reduction Act to
onshore our energy supply chains, including solar,'' Manchin
said in a statement. ``I cannot fathom why the Administration
and Congress would consider extending that reliance any
longer and am proud to join this CRA to rescind the rule.''
Manchin on Wednesday also joined all 49 Republicans in
support of a separate CRA resolution that would overturn
EPA's recent rule limiting emissions of nitrogen oxides.
Wyden, the chair of the Finance Committee, told reporters
that he too would vote in favor of the solar resolution,
should it come to a vote on the floor.
``I have told the administration that over the 10-year
period, when I was writing the clean energy bill, it was
always about manufacturing. Red, white and blue. Got to get
the jobs here.'' he said. ``So I'm going to be supporting the
manufacturing proposal.''
Brown shortly after released a statement that he was in
favor of the resolution.
``My whole career--I don't care what presidents think about
this--I've taken on presidents of both parties, starting with
Clinton on [North American Free Trade Agreement]. And when
they're wrong on trade, it costs American jobs, and this is
the right decision,'' he said in an interview.
The solar tariff resolution is expected to put Democrats in
a tricky position, given supporters' argument that the
resolution is meant to enforce U.S. trade laws and combat
Chinese influence, while those opposing it argue it will
undercut solar energy progress.
Brown and Sen. Bob Casey of Pennsylvania previously called
on the president to terminate the two-year suspension, and
Casey told POLITICO last month that he was inclined to
support the resolution should it come to the floor.
Democratic Sen. Jon Tester of Montana, who has previously
voted to undo another Biden rule, told POLITICO he has not
yet made a decision on the solar resolution.
The resolution advanced out of the House Ways and Means
Committee last week with Democratic support and is poised for
a floor vote later this week in the House.
Mr. SMITH of Missouri. Mr. Speaker, this article notes that three
Democratic Senators, including the chairman of the Senate Finance
Committee, Senator Wyden, Senator Manchin from West Virginia, and
Senator Brown from Ohio, have publicly supported rescinding President
Biden's action to pause tariffs on Chinese solar panels, even before
the CRA has even passed the House.
Mr. Speaker, I understand that at least one more Democratic Senator
has also expressed support. I thank my Democratic colleagues in the
House and in the Senate for joining me in standing up for American
workers by supporting consistent enforcement of our trade laws against
China's unfair trade practices.
Mr. Speaker, I yield 2 minutes to the gentleman from Ohio (Mr.
Latta).
Mr. LATTA. Mr. Speaker, I thank the gentleman for yielding.
Mr. Speaker, I rise today in support of H.J. Res. 39, a bipartisan
joint resolution of which I am proud to be an original cosponsor.
We are a Nation of laws. It is not up to the President to determine
which laws to enforce and which laws to ignore if they don't conform to
that President's particular agenda.
If we allow Communist China to blatantly violate our trade laws with
impunity, as the Commerce Department has concluded is occurring, how
can we expect other nations to follow those laws and conduct business
with us in a fair manner?
Those who oppose this joint resolution will say the imposition of
these tariffs will handicap renewable projects across this country that
rely on a continuous supply of solar panels and materials. I understand
this concern, and I am not opposed to the deployment of more renewable
energy projects.
However, I am opposed to the United States maintaining a supply chain
reliant on Communist China and their forced slave labor. We should
instead be working to build up our own solar manufacturing industry and
send signals to the industry that the time to shorten supply chains is
long past due. Unfortunately, these domestic companies operate at a
disadvantage when Communist China gets to break the rules and undermine
the markets with their cheap prices.
Mr. Speaker, I urge my colleagues to stand up for American workers
and for American energy independence. Vote ``yes'' on H.J. Res. 39.
Mr. BLUMENAUER. Mr. Speaker, I yield 1 minute to the gentleman from
Illinois (Mr. Davis).
Mr. DAVIS of Illinois. Mr. Speaker, I thank the gentleman from Oregon
for his leadership and for yielding.
Mr. Speaker, solar energy is one form of electricity generation that
is growing in the United States. Yet, we do not have the economy of
scale in manufacturing solar systems to meet supply and demand for
industry and consumers.
Solar energy accounts for 3.9 percent of total electricity generation
in 2021 compared to 0.7 percent in 2014. Currently, domestic solar
production is sold out for the next 2 to 3 years.
In order to continue to address China's unfair trading practices and
allow America's solar industry to grow, President Biden's Presidential
Proclamation 10414 declared an emergency with respect to U.S.
electricity generation capacity by implementing a final rule that
permits the importation of select sales on modules without the payment
of antidumping and countervailing duty temporary for 24 months.
Mr. Speaker, I urge my colleagues to vote ``no.''
Mr. SMITH of Missouri. Mr. Speaker, I include in the Record a
statement from the Uyghur Human Rights Project in support of H.J. Res.
39.
Uyghur Human Rights Project,
April 18, 2023.
To the Members of the Committee: I write in strong support
of H.J. Res. 39. This bipartisan bill would repeal the Biden
Administration's Solar Emergency Declaration, a harmful rule
issued in June 2022 that protects Chinese solar manufacturers
that the Department of Commerce has determined are illegally
avoiding U.S. tariffs.
As you know, both the President Biden and President Trump
administrations have determined that the government of the
People's Republic of China (PRC) is committing genocide and
crimes against humanity against the Uyghurs and other Turkic
peoples, including state-imposed forced labor, mass forced
sterilization, and mass enforced disappearance and arbitrary
detention. The United Nations Office of the High Commissioner
for Human Rights (OHCHR) found in its authoritative August
31, 2022 report (the ``Bachelet Report'') that the PRC is
responsible for ``serious human rights violations'' that
``may constitute crimes against humanity.''
In response to the Uyghur human-rights crisis, the U.S.
government has taken action to ban products made with forced
labor from China, including solar equipment, among 100+
human-rights sanctions including export bans, investment
bans, visa bans, and Global Magnitsky targeted human rights
OFAC SDN designations. Under the Uyghur Forced Labor
Prevention Act, which came into force on June 21, 2022, no
products are exempt from the ``rebuttable presumption'' that
all products mined, grown, or manufactured in the Uyghur
Region are banned under Section 307 of the U.S. Tariff Act.
The law is applicable regardless of the needs of particular
industries or the scarcity of alternative supplies.
No economic or environmental imperative can justify profits
from the genocidal state-imposed forced labor of Uyghurs.
The reality is that the Chinese polysilicon and solar-
component industries are highly dependent on mining and
manufacturing in the Uyghur homeland, using central
government subsidies and incentives, and under the auspices
of the government of the Xinjiang Uyghur Autonomous Region.
In our view, it is clear that an increase in solar imports
from Chinese solar manufacturers--regardless of whether these
imports are from China or Chinese controlled factories in
Southeast Asia--directly supports the Chinese solar
industry's use of Uyghur forced labor. According to
government data, imports of solar cells and modules from
Cambodia, Malaysia, Thailand, and Vietnam have risen 69
percent since 2019.
It is unconscionable to believe that the U.S. should build
a clean-energy future that
[[Page H2099]]
relies on products made under the combination of dirty coal
plants and China's genocidal forced-labor inputs. As the AFL-
CIO pointed out in a major statement in October 2021, the
``solar industry and its entire value chain, should exemplify
how the United States meets the climate, equity and economic
challenges of the 21st century.'' It's a false choice to
think we can achieve climate goals by abandoning our core
values.
As H.J. Res. 39 comes before the Ways and Means Committee,
we urge you to support this bipartisan, common-sense measure.
It is indefensible to allow Chinese solar manufacturers that
profit from Uyghur forced labor to be exempted from
compliance with U.S. trade law.
Louisa Greve,
Director of Global Advocacy.
Mr. SMITH of Missouri. Mr. Speaker, the statement highlights the
close connection between the CCP solar industry and the ongoing human
rights abuses and forced labor being perpetrated against the Uyghurs.
This is bipartisan consensus that these practices are unacceptable and
must be stopped.
Mr. Speaker, I yield 2 minutes to the gentlewoman from New York (Ms.
Tenney).
Ms. TENNEY. Mr. Speaker, I rise in support of H.J. Res. 39, critical
legislation to undue to Biden administration's job-crushing solar
policies.
Last year, an American solar manufacturer petitioned the Commerce
Department to investigate whether China was circumventing tariffs on
solar products by sneaking them through countries in southeast Asia.
Before that investigation even finished, President Biden issued a
proclamation to allow the imports of unfairly traded solar products
from China. Later, just as we expected, it was discovered by the
Commerce Department that China was indeed violating U.S. trade laws.
President Biden's irresponsible proclamation is a slap in the face to
American manufacturers. It allows Chinese solar companies to flood our
market with their products tariff-free, hurting American jobs.
It is the Green New Deal agenda at work. President Biden's
proclamation also sends the message to trade cheats everywhere that
U.S. trade laws don't matter. This invites even more cheating.
This is only the tip of the spear of the dangerous Green New Deal
agenda. A recent report from the Coalition for a Prosperous America
revealed that the Chinese manufacturers could earn nearly $125 billion,
and that is with a b, in U.S. renewable energy tax credits as a result
of the so-called Inflation Reduction Act.
This would be a specific boon to Chinese solar manufacturers on top
of the massive giveaway given to China by President Biden's
proclamation. We must stand with American manufacturers and jobs, not
the Chinese Communist Party, and pass this crucial legislation.
{time} 0945
Mr. BLUMENAUER. Mr. Speaker, I include in the Record a statement from
the National Taxpayers Union opposing the proposal from our Republican
friends to raise tariffs on solar goods.
[From National Taxpayers Union, Apr. 25, 2023]
NTU Urges All Representatives To Vote ``NO'' on House Joint Resolution
39, Congressional Review Act Legislation on Solar Tariffs
Just weeks after the House of Representatives passed The
Lower Energy Costs Act (H.R. 1), the House will consider a
proposal to increase energy costs by raising tariffs on solar
goods.
A proposed Congressional Review Act resolution, H.J. Res.
39, would nullify a two-year suspension of tariffs on certain
solar panels from Cambodia, Malaysia, Thailand, or Vietnam
that use parts and components manufactured in China.
National Taxpayers Union (NTU) does not believe that
Congress should increase energy costs via the Congressional
Review Act.
The tariffs in question were initially imposed on
Crystalline Silicon Photovoltaic Cells from the People's
Republic of China in 2012. In 2022, in response to a request
from Auxin Solar Inc., the Commerce Department determined
that some of these duties were being circumvented through the
inclusion of Chinese parts on goods imported from other
countries.
NTU agrees with the House Ways and Means Committee that
trade policy should protect the interests of American workers
and our economy as a whole. However, the initial imposition
of solar tariffs resulted from a flawed and biased system.
The Commerce Department and U.S. International Trade
Commission (USITC) failed to utilize cost-benefit analysis to
consider the impact of tariffs on the U.S. economy. Solar
taxes were imposed without consideration of their impact on
U.S. jobs, on the energy industry, on manufacturing, or on
American households' energy bills.
A more fundamental question than whether foreign suppliers
are attempting to circumvent solar tariffs is whether
Congress should continue to allow the Commerce Department and
USITC to impose tariffs on solar goods, tin mill products,
fertilizer, and other goods without first considering the
impact of such tariffs on all Americans, not just the
industry seeking protection.
These tariffs would protect Auxin from import competition.
Ironically, according to the federal National Renewable
Energy Laboratory, as of 2019 most of the components and
materials used by Auxin are imported. Earlier this year Auxin
even asked the Office of the U.S. Trade Representatives to
exclude certain Chinese-produced solar goods from Section 301
tariffs, writing: ``Removing tariffs on junction boxes, solar
glass, EVAs, and solar module assembly equipment would free
up further resources to hasten the expansion of the U.S.
solar value chain, ultimately yielding a more secure domestic
solar supply chain.''
At a time when many taxpayers are struggling with high
energy prices--brought on, in part, by flawed government
policies--Congress should not use the Congressional Review
Act to increase taxes on American energy users. NTU urges you
to reject H.J. Res. 39.
Roll call votes on H.J. Res. 39 will be included in NTU's
annual Rating of Congress and a ``NO'' vote will be
considered the pro-taxpayer position.
If you have any questions, please contact Bryan Riley,
Director of NTU's Free Trade Initiative.
Mr. BLUMENAUER. Mr. Speaker, I yield 1 minute to the gentleman from
Virginia (Mr. Beyer).
Mr. BEYER. Mr. Speaker, I believe almost all of us are here to make
America stronger, to serve the people who sent us here. This act will
do exactly the opposite.
It will hurt the 33,000 American solar installers who will lose their
jobs. It will raise energy costs for families everywhere, but
especially in the Sun Belt. It will hurt all Americans who hope to use
the solar tax credit.
It will hurt the energy companies, the businesses that built major
solar installations in the last 8 months that will be subject to a
retroactive tariff of 254 percent.
It will harm our endangered planet. It will handcuff us in our fight
against climate change.
Mr. Speaker, the act will not help our growing domestic solar panel
manufacturers that are already sold out till the end of the pause. It
won't hurt China, which has abundant buyers in the rest of the world.
This is the same China that ships a million packages a day duty-free to
the United States because of our $800 de minimis exception.
Mr. Speaker, this is an act that only creates losers. There are no
winners. I urge my friends to vote ``no.''
Mr. SMITH of Missouri. Mr. Speaker, I include in the Record a press
release from President Biden's Department of Commerce that states the
Department determined in December 2022, after a thorough investigation,
that Chinese solar companies are circumventing U.S. tariffs on solar
products.
[From U.S. Department of Commerce, Dec. 2, 2022]
Department of Commerce Issues Preliminary Determination of
Circumvention Inquiries of Solar Cells and Modules Produced in China
(Office of Public Affairs)
Today, the U.S. Department of Commerce announced its
prelimiary determinations in the circumvention inquiries of
solar cells and modules from the People's Republic of China
(PRC). Commerce examined a complaint alleging that eight
solar companies that manufacture solar cells and modules are
manufactured the components in the PRC, then sending those
cells and modules to Cambodia, Malaysia, Thailand, and/or
Vietnam for minor processing before being exported to the
United States. Such actions amount to an effort to evade the
existing antidumping duty (AD) and countervailing duty (CVD)
orders on solar cells and modules from the PRC. Today's
preliminary determination underscores Commerce's commitment
to holding the PRC accountable for its trade distorting
actions, which undermine American industries.
Under U.S. law, Commerce may conduct a circumvention
inquiry when evidence suggests that merchandise subject to an
existing AD/CVD order is completed or assembled in third
countries from parts and components imported from the country
subject to the order. AD/CVD orders are designed to provide
relief to the U.S. domestic industries when they are facing
unfair competition. Circumvention of these duties threatens
to undermine American industries, workers, and businesses.
After a thorough, transparent, and data-driven
investigation of eight companies across the four countries,
Commerce preliminarily found that four of the eight companies
[[Page H2100]]
being investigated are attempting to bypass U.S. duties by
doing minor processing in one of the Southeast Asian
countries before shipping to the United States.
The preliminary findings are as follows:
Third Country, Company, Finding:
Cambodia: BYD Hong Kong, Circumventing; New East Solar, Not
Circumventing.
Malaysia: Hanwha, Not Circumventing; Jinko, Not
Circumventing.
Thailand: Canadian Solar, Circumventing; Trina,
Circumventing.
Vietnam: Boviet, Not Circumventing; Vina Solar,
Circumventing.
Further, some companies in Malaysia, Thailand and Vietnam
did not respond to Commerce's request for information in this
investigation, and consistent with longstanding practice,
will be found to be circumventing.
Because Commerce preliminarily found that circumvention was
occurring through each of the four Southeast Asian countries,
Commerce is making a ``country-wide'' circumvention finding,
which simply designates the country as one through which
solar cells and modules are being circumvented from the PRC.
This does not constitute a ban on imports from those
countries. Companies in these countries will be permitted to
certify that they are not circumventing the AD/CVD orders, in
which case the circumvention findings will not apply. With
regard to the companies under investigation that were not
circumventing the AD/CVD duties, no action will be taken as
long as their production process and supply chain do not
change.
These findings are preliminary, and as a next step,
Commerce will conduct in-person audits in the coming months
to verify the information that was the basis of its finding.
Furthermore, all parties will have an opportunity to comment
on Commerce's finding, which Commerce will fully consider
before issuing its final determination, which is currently
scheduled for May 1, 2023.
Independent of Commerce's final determination, the
Presidential Proclamation issued on June 6, 2022, provides
that duties will not be collected on any solar module and
cell imports from these four countries until June 2024, as
long as the imports are consumed in the U.S. market within
six months of the termination of the President's
Proclamation. This provides U.S. solar importers with
sufficient time to adjust supply chains and ensure that
sourcing isn't occurring from companies found to be violating
U.S. law. Solar cells made in one of the four Southeast Asian
countries, even if made from wafers from China, that are then
exported to a non-inquiry country and further assembled into
modules or other products there, are not subject to
Commerce's preliminary circumvention findings.
Mr. SMITH of Missouri. Mr. Speaker, the evidence is clear. Chinese
companies have set up shop in Cambodia, Malaysia, Thailand, and Vietnam
to get around U.S. tariffs that were put in place in 2012 by President
Obama, yet the Biden administration is turning a blind eye on American
workers and American manufacturers by waiving additional tariffs while
it acknowledges cheating by Chinese companies.
Mr. Speaker, I reserve the balance of my time.
Mr. BLUMENAUER. Mr. Speaker, I yield 1\1/2\ minutes to the gentleman
from California (Mr. Panetta).
Mr. PANETTA. Mr. Speaker, I rise in opposition to this resolution
because American solar companies need the delay on solar tariffs so
that they can keep up with the American demand for clean energy.
If we repeal this delay with this CRA, the American solar industry
could be hit with more than $1 billion--with a b, billion--in
retroactive duties, taxes that would cause cancellations and supply
chain issues, stall solar deployment, and set us back on our clean
energy goals.
Look, we have already seen, just with the threat of these tariffs, a
30 percent decrease in solar deployment last year. Of course, we want
to strategically decouple from China, I believe especially with their
solar pieces, parts, and equipment. However, American solar companies
need more time to adapt, adjust, and reduce Chinese inputs in solar
panels.
I also realize that we need to do more to bolster our domestic solar
manufacturing, but that is why we recently made significant investments
for domestic credits. However, if we allow these retroactive tariffs to
take place now, it would deprive our solar industry of the incentive to
invest in our manufacturing projects at home.
That is why we need this delay, and that is why this delay was the
right call, not just by this administration but it is also the right
call so the American solar industry can catch up to our domestic
demands, so Americans can continue to speed up their solar deployment,
and America can continue to step up when it comes to the continued
success of our economy and the future of our sustainability.
Mr. Speaker, that is why I urge a ``no'' vote on this CRA.
Mr. BLUMENAUER. Mr. Speaker, I yield 1 minute to the gentlewoman from
California (Ms. Chu).
Ms. CHU. Mr. Speaker, I rise in opposition to this resolution.
Democrats successfully passed America's single largest investment in
clean and renewable energy last year in the Inflation Reduction Act,
which will quickly decarbonize our economy and shift manufacturing back
here to the U.S. That includes production of solar panels that will be
critical to the clean energy transition.
Last year, the Commerce Department made a thorough and data-driven
determination that some companies in four Southeast Asian countries are
circumventing U.S. tariffs on Chinese solar panels. Our trade policy
requires balance, and the President's emergency order created a short-
term bridge to secure the solar materials needed to protect jobs and
meet our energy transition goods over the next year.
While the emergency order is not perfect, it is necessary to give
solar projects in the pipeline enough time to come into full compliance
with our trade laws.
Mr. Speaker, I urge my colleagues to vote ``no.''
Mr. BLUMENAUER. Mr. Speaker, I include in the Record a statement from
the League of Conservation Voters, Natural Resources Defense Council,
Sierra Club, Climate Action Campaign, Environmental Law and Policy
Center, Clean Energy for America, Chesapeake Climate Action Network,
Earthjustice, Environmental Defense Fund, and Union of Concerned
Scientists that urges the rejection of the proposal that our Republican
friends are making.
April 17, 2023.
Dear Member of Congress: The undersigned groups write to
express our opposition to the Congressional Review Act (CRA)
resolutions of disapproval (H.J. Res 39 and S.J. Res 15)
aimed at reversing President Biden's temporary suspension of
tariffs on certain solar cells and panels from manufacturers
in Cambodia, Malaysia, Thailand and Vietnam. Passage of these
resolutions could destabilize solar supply chains, harm
ongoing deployment of large scale solar projects, threaten
high-quality solar construction jobs, and impede our nation's
decarbonization goals.
Proclamation 10414, issued by President Biden in June 2022,
gave the U.S. Department of Commerce authority to issue
regulations suspending new solar tariffs until June 2024
while the department proceeded with its investigation into
claims that facilities in the Southeastern Asian countries
were circumventing existing tariffs on Chinese solar
companies. The Commerce Department subsequently issued rules
implementing the delay, and H.J. Res 39 and S.J. Res 15 would
nullify that rulemaking.
Our organizations support both a shift to cleaner and
fairer supply chains for clean energy, as well as the rapid
deployment of clean energy in order to meet the urgency of
the climate crisis. Thanks in part to the expansive
investments in clean energy manufacturing and high quality
job standards included in the Inflation Reduction Act (IRA),
we are now well positioned to achieve both of these goals.
The administration's strong implementation of the IRA's
domestic content provisions is a critical piece to further
drive manufacturing buildout in the U.S. However, passage of
these CRA resolutions would undermine the ability of the U.S.
solar industry to succeed in accelerating the shift to more
clean energy on the power grid.
The President's decision to pause tariffs for two years is
providing U.S. businesses with much-needed certainty after
several months of project cancellations and delays last year
due to the Commerce Department's investigation, which caused
solar deployment to decline by 30 percent--10 gigawatts below
expectations.
We have already seen more than $13 billion in domestic
solar manufacturing announcements since the passage of the
IRA. While more buildout is needed, this demonstrates that
domestic investment is headed in the right direction.
Additional panel shortages, as we saw during the Commerce
Department investigation, would once again debilitate U.S.
utility-scale solar projects and jobs. And if a CRA
resolution rolls back the President's two-year tariff pause,
then debilitating shortages and lost investment capital could
begin this year.
Beyond the harm to solar deployments across the U.S., there
is the larger issue of the CRA being the wrong tool for
Congressional oversight. Congress has always had the power to
create, modify or eliminate rules using the regular
legislative process. The CRA provides a more extreme path by
repealing a rule in its entirety and preventing an agency
from issuing a new rule that is ``substantially the same,''
an undefined phrase that can essentially freeze the
regulatory process.
[[Page H2101]]
In this instance, while the Commerce Department
investigation of tariff circumvention was being conducted,
the administration sought to provide enough lead time for
domestic solar panel manufacturing and supply chains to
rapidly expand operations to meet demand, bring certainty on
the prices of imported panels to the solar companies
deploying clean energy, and job stability for those workers
installing panels. Passing these resolutions could prevent
future administrations from being able to find appropriate
solutions to other tariffs and trade challenges.
For these reasons, the undersigned organizations urge you
to vote NO on H.J. Res 39 and S.J. Res 15. Thank you for your
attention to this matter and for considering our views.
Sincerely,
League of Conservation Voters, Natural Resources Defense
Council, Sierra Club, Climate Action Campaign, Environmental
Law and Policy Center, Clean Energy for America, Chesapeake
Climate Action Network, Earthjustice, Environmental Defense
Fund, Union of Concerned Scientists.
Mr. BLUMENAUER. Mr. Speaker, I yield myself such time as I may
consume.
Mr. Speaker, the concern I have is that what is being missed here is
the reality that we are dependent on the supply chain in which China
plays a key role. We don't like it. My Republican friends don't like
it. Unfortunately, they have undermined efforts that we have to try to
reposition the supply chain.
The energy proposals that we have offered up are an opportunity to
grow and strengthen America's capacity. Just yesterday, they would
repeal a number of those provisions. Their proposal would impose over a
billion dollars of retroactive tariffs on our solar industry at a time
when we are trying to grow it.
We want to give the industry time to reorient the supply chain. That
takes time. It is already made clear on the floor right now that the
current solar industry is at capacity. They need time to change the
supply chains.
Sadly, my Republican friends would reduce incentives to strengthen
the American supply chain. The reality is in the past we have allowed
China to have a dominant position. We don't want that.
We have offered up a variety of proposals that would strengthen and
incentivize American business, but this proposal, if enacted, would
punish American workers, it would punish American business, and it
would set us back on our climate goals. That does not serve anybody
well.
Instead, the Biden administration has offered a reasonable compromise
extending for 2 years the ability to continue the course here while we
reorient the supply chain.
I have a whole host of proposals if my colleagues want to be tough on
China. Mr. Beyer referenced the fact that, through the de minimis
provisions, we are allowing over 2 million packages a day in the United
States' stream of commerce often, no doubt, produced by forced labor,
uninspected, and not paying tariffs.
This is a simple, commonsense provision that we have offered up that
would help change that, and we have others if people want to deal
meaningfully with the Chinese challenge. This doesn't. This doesn't
change the reality of our current dependence on China for the supply
chain, and, indeed, it will complicate our ability to make the
transition.
I respectfully urge that we reject this resolution and allow the
opportunity for our industry to get its footing and make the transition
that we all want them to make.
Mr. Speaker, I appreciate the opportunity to share my opinions, and I
yield back the balance of my time.
Mr. SMITH of Missouri. Mr. Speaker, I yield myself such time as I may
consume.
Mr. Speaker, my grandfather always told me that actions speak louder
than words. We have heard a lot of words about people standing up to
China. This resolution will give every Member in this body the
opportunity to stand up to China, and this is the way to do it.
Mr. Speaker, I am so thankful that we have Democratic Senators--
including my counterpart, Senator Wyden--on the other side of the aisle
who are willing to do the right thing for the American worker and to do
what President Obama did in 2012 to make sure that the solar industry
works for America and does not become beholden to China.
Today, the U.S. Congress has the opportunity to send a direct message
to China, and really any country that thinks about violating trade
policies or attempts to cheat American workers, that the U.S. will not
tolerate such behavior. I appreciate the fact that this can be a
bipartisan message.
The White House made a very misguided decision when it chose to lift
additional tariffs from China for 2 years. That action, in my view,
sends the wrong message to the world, particularly when we know, based
on findings by the President's own Commerce Department, that China is
cheating American workers and consumers by circumventing tariffs right
now.
We have the opportunity today to act on bipartisan legislation that
will turn out the lights on that decision and hold China accountable.
To be clear, U.S. purchasers of fairly traded solar products will not
pay a single penny of additional tariffs if this resolution is enacted.
This is about protecting American workers and American jobs and holding
China accountable.
Mr. Speaker, I thank my colleagues on both sides of the aisle for
introducing this resolution and fighting to protect American workers
and American jobs.
Mr. Speaker, I yield back the balance of my time.
Ms. JACKSON LEE. Mr. Speaker, I rise in opposition of H.J. Res. 39--
Disapproving the rule submitted by the Department of Commerce relating
to ``Procedures Covering Suspension of Liquidation, Duties and
Estimated Duties in Accord with Presidential Proclamation 10414''.
This joint resolution nullifies a final rule submitted by the
Department of Commerce and was published on September 16, 2022.
H.J. Res. 39 permitted the suspension of tariffs on specific solar
panels, also known as crystalline silicon photovoltaic cells and
modules.
The regulation specifically applied to solar panels made in Cambodia,
Malaysia, Thailand, or Vietnam using parts and components made in China
that are not previously covered by an antidumping or countervailing
duty order.
Orders for antidumping and countervailing duties are put in place to
combat unfair trade practices, such as when a foreign government gives
domestic companies subsidies to give them an economic advantage over
competitors from abroad.
The restriction that was repealed served to relieve businesses who
import solar panels from these nations and make use of Chinese-made
parts and components that are exempt from such orders.
By placing large and potentially retroactive duties on some imported
solar panels, H.J. Res. 39 would obstruct the supply of solar products
to the United States.
President Biden declared an energy emergency on June 6, 2022, to
guarantee consistent and inexpensive access to renewable energy.
Following that, the Department of Commerce published a rule to
establish a temporary, 24-month freeze on the collection of specific
tariffs on solar cells or modules.
The U.S. solar industry was given the opportunity and time to realign
supply chains away from China due to this rule and the new domestic
manufacturing incentives under the Inflation Reduction Act.
Without a temporary bridge, the price of solar installations will
rise dramatically, and less solar project development will be planned.
The shift to clean energy will lead to an increase in employment,
manufacturing, and wages here in the United States.
The Inflation Reduction Act represents the single biggest investment
in clean energy in American history.
The IRA is starting the nation on the road to sustainable,
responsible energy independence.
Additionally, approximately 100,000 jobs for American mechanics,
electricians, construction workers, technicians, support personnel, and
other professionals have been created as a result of the green tax
credits in the IRA.
Ninety new sustainable energy projects have been announced in 31
states in the first half of the year of the law.
Manufacturing facilities for batteries, electric vehicles, and wind
and solar energy systems are among these initiatives.
The move by President Biden is a one-time fix to realign American
supply lines.
Initiating high, retroactive tariffs right away, harming solar
growth, raising energy prices, and reducing supply at a time when we
need to ramp up would be the results of ending the President's interim
suspension.
By 2030, carbon emissions are expected to be reduced by 40 percent
thanks to the clean energy credits provided by the Inflation Reduction
Act, providing us a real chance to achieve the Paris Climate
Agreement's objectives.
[[Page H2102]]
The bipartisan CHIPS and Science Act of 2022, which will make
unprecedented investments in American workers, communities, and
businesses, was signed into law by President Biden last August.
The CHIPS Act will improve American semiconductor development,
research, and manufacturing, among other things.
The CHIPS Act forbids recipients of funds from increasing chip
manufacture in China and other nations that are legally deemed to pose
a threat to American national security.
These historic policies, along with the CHIPS Act and the Bipartisan
Infrastructure Law, have encouraged businesses to invest more than $200
billion in American manufacturing.
According to Uyghur Human Rights Project (UGRP), a rise in solar
imports from Chinese solar manufacturers--regardless of whether such
imports come from China or Chinese-controlled facilities in Southeast
Asia--directly encourages the Chinese solar industry's use of Uyghur
forced labor.
According to UHRP, imports of solar cells and modules from Cambodia,
Malaysia, Thailand, and Vietnam have increased by 69 percent during
2019.
In addition, UHRP argues that it is intolerable to think that the
United States should rely on goods produced by filthy ``coal plants and
China's genocidal forced-labor inputs'' to sustain the transition to
renewable energy.
Priorities for the environment and a commitment to uphold human
rights must go hand in hand.
As a member of the House renewable Energy and Energy Efficiency
Caucus, I strongly oppose H.J. Res. 39 because it will harm solar
growth and raise energy prices.
I strongly urge all my colleagues to come in stand in the opposition
of H.J. Res. 39, because it is the Republicans' effort to roll back the
Inflation Act. We should stop these attempts to undermine our hard-
earned win.
Ms. McCOLLUM. Mr. Speaker, I rise in opposition to H.J. Res. 39. This
resolution is another Republican attack on President Biden's climate
goals that will harm American jobs and existing domestic solar
projects. This is an unnecessary rush to insert ourselves into agency
rulemaking before Congress has the full picture.
This resolution would overturn a Biden Administration regulation that
placed a two-year moratorium on tariffs on solar panels and cells from
four Southeast Asian countries: Cambodia, Malaysia, Thailand, and
Vietnam. This rule was put in place to ensure the American solar supply
chain has adequate volumes of solar panels and cells to meet domestic
demand. H.J. Res. 39 clearly ignores the fact that the Department of
Commerce has been studying the way China may be manipulating solar
markets in Southeast Asia to avoid U.S. tariffs during the two-year
duty moratorium. The Department of Commerce is almost set to release a
final report with their findings in May. It is irresponsible for
Congress to overturn the Biden Administration's rule without seeing the
result of that investigation on the full scope of China's role in these
markets.
I am proud of the historic investments in domestic clean energy
manufacturing made under unified Democratic control in the last
Congress. Democrats are building toward the goal of solar panels and
cells being American made, American built, and union installed.
Congressional Republicans have long been hostile to investments in
clean energy and Republicans are using this resolution as an
opportunity to slow down our economy as it transitions to a clean
energy economy. H.J. Res. 39 jeopardizes existing projects which would
mean the loss of jobs for the hard-working Americans who design,
construct, and install solar. We have seen historic investments in
community solar projects in Minnesota's Fourth District. This
resolution puts those projects, and the jobs they create, in danger.
Mr. Speaker, let me be clear, H.J. Res. 39 is an attack on President
Biden, our transition to a clean energy economy, and domestic
manufacturing goals.
The SPEAKER pro tempore (Mr. Meuser). All time for debate has
expired.
Pursuant to House Resolution 327, the previous question is ordered.
The question is on the engrossment and third reading of the joint
resolution.
The joint resolution was ordered to be engrossed and read a third
time, and was read the third time.
The SPEAKER pro tempore. The question is on passage of the joint
resolution.
The question was taken; and the Speaker pro tempore announced that
the ayes appeared to have it.
Mr. SMITH of Missouri. Mr. Speaker, on that I demand the yeas and
nays.
The yeas and nays were ordered.
The vote was taken by electronic device, and there were--yeas 221,
nays 202, not voting 12, as follows:
[Roll No. 202]
YEAS--221
Aderholt
Alford
Allen
Amodei
Armstrong
Arrington
Babin
Bacon
Baird
Balderson
Banks
Barr
Bean (FL)
Bentz
Bergman
Bice
Biggs
Bilirakis
Bishop (NC)
Boebert
Bost
Brecheen
Buchanan
Buck
Bucshon
Burchett
Burgess
Burlison
Calvert
Cammack
Carey
Carl
Carter (GA)
Carter (TX)
Chavez-DeRemer
Ciscomani
Cline
Cloud
Clyde
Cole
Collins
Comer
Crane
Crawford
Crenshaw
Davidson
Davis (NC)
De La Cruz
Deluzio
Diaz-Balart
Donalds
Duarte
Duncan
Dunn (FL)
Edwards
Ellzey
Emmer
Estes
Ezell
Fallon
Feenstra
Ferguson
Finstad
Fischbach
Fitzgerald
Fitzpatrick
Fleischmann
Flood
Foxx
Franklin, C. Scott
Fry
Fulcher
Gaetz
Gallagher
Garamendi
Garcia, Mike
Gimenez
Golden (ME)
Gonzales, Tony
Good (VA)
Gooden (TX)
Gosar
Granger
Graves (LA)
Graves (MO)
Green (TN)
Greene (GA)
Griffith
Grothman
Guest
Guthrie
Hageman
Harris
Harshbarger
Hern
Higgins (LA)
Hill
Hinson
Houchin
Hudson
Huizenga
Issa
Jackson (TX)
James
Johnson (LA)
Johnson (OH)
Johnson (SD)
Jordan
Joyce (OH)
Joyce (PA)
Kaptur
Kean (NJ)
Kelly (MS)
Khanna
Kiggans (VA)
Kildee
Kiley
Kim (CA)
Kustoff
LaHood
LaMalfa
Lamborn
Langworthy
Latta
LaTurner
Lee (FL)
Lesko
Letlow
Loudermilk
Lucas
Luetkemeyer
Luna
Luttrell
Mace
Malliotakis
Mann
Mast
McCarthy
McCaul
McClain
McClintock
McCormick
McHenry
Meuser
Miller (IL)
Miller (OH)
Miller (WV)
Mills
Moolenaar
Mooney
Moore (AL)
Moore (UT)
Moran
Mrvan
Murphy
Nehls
Newhouse
Norman
Nunn (IA)
Obernolte
Ogles
Owens
Palmer
Pascrell
Pence
Perez
Perry
Pfluger
Posey
Reschenthaler
Rodgers (WA)
Rogers (AL)
Rogers (KY)
Rose
Rosendale
Rouzer
Roy
Rutherford
Santos
Scalise
Schweikert
Scott, Austin
Self
Sessions
Sewell
Simpson
Slotkin
Smith (MO)
Smith (NE)
Smith (NJ)
Smucker
Spartz
Stauber
Steel
Stefanik
Steil
Steube
Stewart
Strong
Tenney
Thompson (PA)
Tiffany
Timmons
Valadao
Van Drew
Van Duyne
Van Orden
Wagner
Walberg
Waltz
Weber (TX)
Webster (FL)
Wenstrup
Westerman
Williams (NY)
Williams (TX)
Wilson (SC)
Wittman
Womack
Yakym
Zinke
NAYS--202
Adams
Aguilar
Allred
Auchincloss
Balint
Barragan
Beatty
Bera
Beyer
Bishop (GA)
Blumenauer
Blunt Rochester
Bonamici
Bowman
Boyle (PA)
Brown
Brownley
Budzinski
Bush
Caraveo
Carbajal
Cardenas
Carson
Carter (LA)
Cartwright
Casar
Case
Casten
Castor (FL)
Castro (TX)
Cherfilus-McCormick
Chu
Cicilline
Clark (MA)
Clarke (NY)
Cleaver
Clyburn
Cohen
Connolly
Correa
Costa
Courtney
Craig
Crockett
Crow
Cuellar
Curtis
D'Esposito
Davids (KS)
Davis (IL)
Dean (PA)
DeGette
DeLauro
DelBene
DeSaulnier
Dingell
Doggett
Escobar
Eshoo
Espaillat
Evans
Fletcher
Foster
Foushee
Frankel, Lois
Frost
Gallego
Garbarino
Garcia (IL)
Garcia (TX)
Garcia, Robert
Goldman (NY)
Gomez
Gonzalez, Vicente
Gottheimer
Green, Al (TX)
Grijalva
Harder (CA)
Hayes
Higgins (NY)
Himes
Horsford
Houlahan
Hoyer
Hoyle (OR)
Huffman
Ivey
Jackson (IL)
Jackson (NC)
Jackson Lee
Jacobs
Jayapal
Jeffries
Johnson (GA)
Kamlager-Dove
Keating
Kelly (IL)
Kilmer
Kim (NJ)
Krishnamoorthi
Kuster
LaLota
Landsman
Larsen (WA)
Larson (CT)
Lawler
Lee (CA)
Lee (NV)
Lee (PA)
Leger Fernandez
Levin
Lieu
Lofgren
Lynch
Magaziner
Manning
Massie
Matsui
McBath
McClellan
McCollum
McGarvey
McGovern
Meeks
Menendez
Meng
Miller-Meeks
Molinaro
Moore (WI)
Moskowitz
Moulton
Mullin
Nadler
Napolitano
Neal
Neguse
Nickel
Norcross
Ocasio-Cortez
Omar
Pallone
Panetta
Pappas
Payne
Pelosi
Peltola
Pettersen
Phillips
Pingree
Pocan
Porter
Pressley
Quigley
Ramirez
Raskin
Ruiz
Ruppersberger
Ryan
Salinas
Sanchez
Sarbanes
Scanlon
Schakowsky
Schiff
Scholten
Schrier
Scott, David
Sherman
Sherrill
Smith (WA)
Sorensen
Soto
Spanberger
Stansbury
Stanton
Stevens
Strickland
Swalwell
Sykes
Takano
Thanedar
Thompson (CA)
Thompson (MS)
Titus
Tlaib
Tokuda
Tonko
Torres (CA)
Torres (NY)
Trahan
Trone
Underwood
Vargas
Vasquez
Veasey
Velazquez
Wasserman Schultz
Waters
Wexton
Wild
Williams (GA)
Wilson (FL)
[[Page H2103]]
NOT VOTING--12
DesJarlais
Hunt
Kelly (PA)
Mfume
Morelle
Peters
Ross
Salazar
Schneider
Scott (VA)
Turner
Watson Coleman
{time} 1026
Mr. JACKSON of Illinois changed his vote from ``yea'' to ``nay.''
Mr. CARTER of Texas changed his vote from ``nay'' to ``yea.''
So the joint resolution was passed.
The result of the vote was announced as above recorded.
A motion to reconsider was laid on the table.
Stated against:
Ms. ROSS. Mr. Speaker, I missed votes today due to a family medical
situation. Had I been present, I would have voted ``nay'' on rollcall
No. 202.
Mr. PETERS. Mr. Speaker, due to a long-standing family obligation,
planned well before the congressional schedule was available, I could
not be present for votes today. Had I been present, I would have voted
``nay'' on rollcall No. 202.
____________________