[House Report 117-525]
[From the U.S. Government Publishing Office]


117th Congress     }                                   {    Report
                        HOUSE OF REPRESENTATIVES
 2d Session        }                                   {    117-525

======================================================================

 
   RESOLUTION OF INQUIRY REQUESTING THE PRESIDENT TO PROVIDE CERTAIN 
DOCUMENTS TO THE HOUSE OF REPRESENTATIVES RELATING TO PLANS TO DECLARE 
  A ``CLIMATE EMERGENCY'' IN ORDER TO INVOKE EMERGENCY AUTHORITIES TO 
 IMPOSE REGULATIONS ON INDUSTRIAL ACTIVITY, OR THE SUPPLY AND DELIVERY 
           OF ENERGY OR ELECTRIC POWER, IN THE UNITED STATES

                                _______
                                

 September 29, 2022.--Referred to the House Calendar and ordered to be 
                                printed

                                _______
                                

 Mr. Pallone, from the Committee on Energy and Commerce, submitted the 
                               following

                             ADVERSE REPORT

                             together with

                            DISSENTING VIEWS

                      [To accompany H. Res. 1272]

    The Committee on Energy and Commerce, to whom was referred 
the resolution (H. Res. 1272) of inquiry requesting the 
President to provide certain documents to the House of 
Representatives relating to plans to declare a ``climate 
emergency'' in order to invoke emergency authorities to impose 
regulations on industrial activity, or the supply and delivery 
of energy or electric power, in the United States, having 
considered the same, reports unfavorably thereon without 
amendment and recommends that the resolution not be agreed to.

                                CONTENTS

                                                                   Page
   I. Purpose and Summary.............................................2
  II. Background and Need for the Legislation.........................2
 III. Committee Hearings..............................................3
  IV. Committee Consideration.........................................3
   V. Committee Votes.................................................3
  VI. Oversight Findings..............................................6
 VII. New Budget Authority, Entitlement Authority, and Tax Expenditure6
VIII. Federal Mandates Statement......................................6
  IX. Statement of General Performance Goals and Objectives...........6
   X. Duplication of Federal Programs.................................6
  XI. Committee Cost Estimate.........................................6
 XII. Earmarks, Limited Tax Benefits, and Limited Tariff Benefits.....6
XIII. Advisory Committee Statement....................................7
 XIV. Applicability to Legislative Branch.............................7
  XV. Section-by-Section Analysis of the Legislation..................7
 XVI. Changes in Existing Law Made by the Bill, as Reported...........7
XVII. Dissenting Views................................................8

                         I. PURPOSE AND SUMMARY

    H. Res. 1272 requests that the President provide certain 
documents to the House of Representatives relating to plans to 
declare a ``climate emergency'' in order to invoke emergency 
authorities to impose regulations on industrial activity, or 
the supply and delivery of energy or electric power, in the 
United States.

                II. BACKGROUND AND NEED FOR LEGISLATION

    With this resolution, the minority seeks to obtain records 
related to plans to declare a national ``climate emergency.'' 
However, H. Res. 1272 falls far short of the standard for 
resolutions of inquiry set by the Committee in prior 
Congresses, with the minority bypassing all normal routes of 
Congressional oversight prior to employing this investigative 
tool of last resort. In addition, the resolution is premised on 
a non-existent emergency declaration, seeking broad information 
relating to White House deliberative processes--processes that 
resulted in no outcome and where no evidence or accusation of 
administrative procedure or other violations have been made. 
For these reasons, the Committee ordered H. Res. 1272 reported 
to the House adversely.
    During debate on H. Res. 1272, supporters of the resolution 
used time solely to highlight opposition to the 
Administration's commitment to combat climate change and 
strengthen energy security by advancing clean energy policies. 
To date, the Committee is unaware of any other official request 
for the documents detailed in this resolution through 
appropriate avenues, such as sending official Congressional 
correspondence to the Administration or relevant federal 
agencies. Instead, the minority immediately resorted to a 
resolution of inquiry.
    Climate change poses a significant threat to the planet, 
and countries must rapidly move to net-zero greenhouse gas 
emissions by 2050 to avoid the most catastrophic consequences 
of a warming planet.\1\ The effects of this warming include: 
rapidly rising temperatures, ocean acidity, sea level rise, 
greater frequency of extreme weather events like flooding, 
droughts, intense rain and heat waves, wildfires, air quality 
impacts, changes in vector ecology, water and food supply 
challenges, increases in temperature-related illnesses and 
death, and many other harms experienced by communities across 
the United States.\2\
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    \1\Intergovernmental Panel on Climate Change, Special Report on 
Global Warming on 1.5C (Oct. 2018).
    \2\Environmental Protection Agency, Impacts of Climate Change 
(www.epa.gov/climatechange-science/impacts-climate-change) (accessed 
Sept. 27, 2022); U.S. Global Change Research Program, The Impacts of 
Climate Change on Human Health in the United States: A Scientific 
Assessment (2016); U.S. Global Change Research Program, Fourth National 
Climate Assessment Volume II: Impacts, Risks, and Adaptation in the 
United States (2018); Centers for Disease Control and Prevention, 
Climate Effects on Health (www.cdc.gov/climateandhealth/effects/
default.htm) (accessed Sept. 27, 2022).
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    Unchecked climate change also poses a significant financial 
risk, with effects projected to impact every major sector of 
the United States economy. According to the National Climate 
Assessment, the projected economic losses from climate change 
are significant, with some sectors seeing climate-driven losses 
exceeding $100 billion annually by the end of the century.\3\ 
Lost wages due to extreme temperatures are projected to be as 
much as $160 billion annually by 2090.\4\ All told, in the 
absence of ambitious action, climate change impacts will cost 
the American economy up to $500 billion per year.\5\ Extreme 
weather and climate events have cost the United States more 
than $780 billion over the past five years, and in 2021 there 
were 20 distinct billion-dollar weather and climate disaster 
events in the United States, which incurred $152.6 billion in 
total costs.\6\ Recently, the Government Accountability Office 
(GAO), concluded that the federal government needs a cohesive, 
strategic approach to reduce federal fiscal exposure to climate 
change.\7\ Clearly, inaction on climate change is costing 
taxpayers and the American economy.
---------------------------------------------------------------------------
    \3\U.S. Global Change Research Program, ``Chapter 29: Reducing 
Risks Through Emissions Mitigation,'' in Fourth National Climate 
Assessment Volume II: Impacts, Risks, and Adaptation in the United 
States (2018).
    \4\Id.
    \5\Id.
    \6\National Oceanic and Atmospheric Administration, National 
Centers for Environmental Information, U.S. Billion-Dollar Weather and 
Climate Disasters: Time Series (2022) (www.ncei
.noaa.gov/access/billions/time-series).
    \7\Government Accountability Office, Climate Change: Enhancing 
Federal Resilience (Sept. 2022) (GAO-22-106061).
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    At a July 20, 2022, press conference, President Biden said, 
``Climate change is literally an existential threat to our 
nation and to the world . . . this is an emergency.''\8\ These 
remarks, and others of a similar nature, reflect the conclusion 
of the global scientific community, which is that urgent and 
meaningful action on climate change is critical to avoid the 
worst effects of climate change, and the gravity of the risks 
that climate change poses.\9\ However, these remarks, and any 
others that may mention an ``emergency,'' do not indicate an 
official declaration of a climate emergency. As such, the 
information and documents requested in H. Res. 1272 are moot.
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    \8\The White House, Remarks by President Biden on Actions to Tackle 
the Climate Crisis (July 20, 2022) (www.whitehouse.gov/briefing-room/
speeches-remarks/2022/07/20/remarks-by-president
-biden-on-actions-to-tackle-the-climate-crisis/).
    \9\See note 1.
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                        III. COMMITTEE HEARINGS

    The Committee on Energy and Commerce has not held hearings 
on H. Res. 1272.

                      IV. COMMITTEE CONSIDERATION

    H. Res. 1272 was introduced on July 26, 2022, by 
Representative Bill Johnson (R-OH) and was referred to the 
Committee on Energy and Commerce. Subsequently, on July 27, 
2022, the resolution was referred to the Subcommittee on 
Environment and Climate Change. The resolution was discharged 
from the Subcommittee on Environment and Climate Change on 
September 21, 2022.
    On September 21, 2022, the Committee met in open markup 
session and ordered H. Res. 1272, without amendment, adversely 
reported to the House by a record vote of 31 yeas and 21 nays.

                           V. COMMITTEE VOTES

    Clause 3(b) of rule XIII of the Rules of the House of 
Representatives requires the Committee to list each record vote 
on the motion to report legislation and amendments thereto. The 
Committee advises that there was one record vote taken on H. 
Res. 1272, including a motion by Mr. Pallone ordering H. Res. 
1272 adversely reported to the House, without amendment. The 
motion on forwarding the resolution adversely was approved by a 
record vote of 31 yeas to 21 nays. The following are the record 
votes taken during Committee consideration, including the names 
of those members voting for and against:


		[GRAPHIC(S) NOT AVAILABLE IN TIFF FORMAT]

                         VI. OVERSIGHT FINDINGS

    Pursuant to clause 3(c)(1) of rule XIII and clause 2(b)(1) 
of rule X of the Rules of the House of Representatives, the 
oversight findings and recommendations of the Committee are 
reflected in the descriptive portion of the report.

         VII. NEW BUDGET AUTHORITY, ENTITLEMENT AUTHORITY, AND
                            TAX EXPENDITURES

    Pursuant to 3(c)(2) of rule XIII of the Rules of the House 
of Representatives, the Committee adopts as its own the 
estimate of new budget authority, entitlement authority, or tax 
expenditures or revenues contained in the cost estimate 
prepared by the Director of the Congressional Budget Office 
pursuant to section 402 of the Congressional Budget Act of 
1974.
    The Committee has requested but not received from the 
Director of the Congressional Budget Office a statement as to 
whether this bill contains any new budget authority, spending 
authority, credit authority, or an increase or decrease in 
revenues or tax expenditures.

                    VIII. FEDERAL MANDATES STATEMENT

    The Committee adopts as its own the estimate of Federal 
mandates prepared by the Director of the Congressional Budget 
Office pursuant to section 423 of the Unfunded Mandates Reform 
Act.

       IX. STATEMENT OF GENERAL PERFORMANCE GOALS AND OBJECTIVES

    Pursuant to clause 3(c)(4) of rule XIII, the general 
performance goal or objective of this legislation is to direct 
the President to provide certain documents to the House of 
Representatives relating to plans to declare a ``climate 
emergency'' in order to invoke emergency authorities to impose 
regulations on industrial activity, or the supply and delivery 
of energy or electric power, in the United States.

                   X. DUPLICATION OF FEDERAL PROGRAMS

    Pursuant to clause 3(c)(5) of rule XIII, no provision of H. 
Res. 1272 is known to be duplicative of another Federal 
program, including any program that was included in a report to 
Congress pursuant to section 21 of Public Law 111-139 or the 
most recent Catalog of Federal Domestic Assistance.

                      XI. COMMITTEE COST ESTIMATE

    Pursuant to clause 3(d)(1) of rule XIII, the Committee 
adopts as its own the cost estimate prepared by the Director of 
the Congressional Budget Office pursuant to section 402 of the 
Congressional Budget Act of 1974.

            XII. EARMARKS, LIMITED TAX BENEFITS, AND LIMITED
                            TARIFF BENEFITS

    Pursuant to clause 9(c), 9(f), and 9(g) of rule XXI, the 
Committee finds that H. Res. 1272 contains no earmarks, limited 
tax benefits, or limited tariff benefits.

                   XIII. ADVISORY COMMITTEE STATEMENT

    No advisory committee within the meaning of section 5(b) of 
the Federal Advisory Committee Act was created by this 
legislation.

                XIV. APPLICABILITY TO LEGISLATIVE BRANCH

    The Committee finds that the legislation does not relate to 
the terms and conditions of employment or access to public 
services or accommodations within the meaning of section 
102(b)(3) of the Congressional Accountability Act.

           XV. SECTION-BY-SECTION ANALYSIS OF THE LEGISLATION

    H. Res. 1272 requests that the President provide certain 
documents to the House of Representatives relating to plans to 
declare a ``climate emergency'' in order to invoke emergency 
authorities to impose regulations on industrial activity, or 
the supply and delivery of energy or electric power, in the 
United States. Specifically, the resolution states that it 
seeks documents relating to:

          ``(1) A strategy or plan to declare climate change a 
        public health emergency or a national emergency in 
        order to invoke emergency powers to regulate or control 
        any aspect of current or future industrial activity, or 
        the supply and delivery of energy or electric power, in 
        the United States.
          ``(2) Statutory authorities to be used by the 
        President to respond to a declared climate emergency in 
        order to regulate or control any aspect of current or 
        future industrial activity, or the supply and delivery 
        of energy or electric power, in the United States.
          ``(3) Interagency comments concerning the use of 
        available authorities or emergency powers to respond to 
        a climate emergency.''

       XVI. CHANGES IN EXISTING LAW MADE BY THE BILL, AS REPORTED

    There are no changes to existing law made by H. Res. 1272.

                         XVII. DISSENTING VIEWS

    In voting to report this Resolution of Inquiry unfavorably, 
the Democratic Majority unanimously voted against conducting 
congressional oversight that would collect information relating 
to any Biden Administration plans to declare a ``climate 
emergency''--to invoke emergency authorities to impose 
regulations on industrial activity or the supply and delivery 
of energy or electric power in the United States.
    The use of sweeping COVID-19 emergency authorities provided 
a roadmap to radical climate activists in the Biden 
Administration that wish to take control of the American energy 
economy, end the use of fossil energy, and impose costly, 
European-style, central energy planning on the United States.
    This is no small matter for the American public, especially 
given the experience of working families who witnessed the 
economic harms of the COVID-19 shutdowns. And today American 
families are confronting the ravaging harms of record high 
consumer prices and an energy reliability crisis, threatening 
most regions of the nation.
    H. Res. 1272 seeks documents relating to Executive Branch 
plans to declare climate change a ``public health emergency'' 
or ``national emergency,'' allowing the Biden Administration to 
invoke emergency powers in the industrial and energy sectors. 
The request in H. Res. 1272, includes documents relating to any 
statutory authorities to be used by the President in declaring 
such emergency. And it requests all interagency comments 
concerning the use of such authorities to respond to the 
asserted climate emergency.
    While the Democratic Majority doesn't seem to think asking 
these questions is an urgent matter, that it is ``moot,'' 
available information indicates the Biden Administration is 
actively considering invoking a ``national climate emergency''. 
President Biden's top domestic policy aide stated in late 
August 2022, three weeks before the Committee markup of this 
resolution, that ``it's something that remains under 
consideration.''\1\ And the congressional Democrat majority is 
encouraging the Biden Administration to invoke such an 
emergency.\2\
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    \1\See Robin Bravender, ``Biden still weighing climate emergency 
top aide say,'' Greenwire, August 8, 2022.
    \2\See Democratic Member letter to President Biden, July 20, 2022.
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    Congress has a duty to hold the Executive Branch 
accountable to ensure transparency of its plans that involve 
matters of such importance as controlling American energy and 
the industrial economy. And when the congressional Majority is 
unwilling to conduct oversight, the Minority party must step in 
with the only tool at its disposal to collect information. 
There is no question oversight is necessary!
    From the beginning of the Biden Administration, Energy and 
Commerce Committee Republicans have sought to foster 
transparency into this Administration's energy and climate 
planning. Requests in hearing and through letter have sought 
the data and analysis used in the submissions to the United 
Nations, information surrounding regulatory tools concerning 
asserted long term climate impacts into agency actions, and 
information about the strategies to shut down fossil electric 
generating units so critical to electric reliability.\3\ The 
common thread of these inquiries is the exercise of gathering 
information about the Administration's plans behind its various 
actions. Those inquiries have not provided substantive 
information. H. Res. 1272 is of a piece with this ongoing 
oversight effort.
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    \3\See, for example, September 9, 2021, letter from Republican 
Leader Rodgers and Environment and Public Works Republican Leader 
Capito to the White House concerning details behind the Biden 
Administration's pledges to cut greenhouse gas emissions, the March 8, 
2022, letter from the Leaders Rodgers and Capito to the Environmental 
Protection Agency concerning social cost of carbon in regulatory 
analysis, and the July 8, 2022 letter from Committee Republicans to the 
EPA Administrator relating to the strategy concerning electric 
generation.
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    For the past four years, in particular, Republicans have 
advocated thoughtful policies to address future climate risks 
that build upon America's energy strengths and continue its 
steady progress reducing emissions and enhancing energy 
security, affordability, and reliability, all critical to a 
secure future for hardworking American families.
    This work is reflected in current legislative proposals by 
Republican Members to implement a ``Securing Cleaner American 
Energy'' agenda,\4\ which focuses on sensible improvements to 
our energy infrastructure and on updating rules and regulations 
to promote deployment of an ``all the-above-energy strategy,'' 
to unleash innovation in hydropower, nuclear, clean coal, and 
natural gas energy. These are real, workable solutions to make 
energy cleaner, reduce emissions, prioritize energy security, 
and keep energy costs low. These results-oriented policies 
build on the strengths of America's tremendous energy systems 
and seek to deploy new clean technologies on predictable, 
affordable timelines.
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    \4\See https://republicans-energycommerce.house.gov/securing-
cleaner-american-energy-agenda/.
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    Unfortunately, the Biden Administration's obedience to 
radical environmental policy threatens to dismantle existing 
systems--and the prosperity, security, and resilience these 
systems provide. You cannot address climate change risks by 
destroying energy systems. You cannot provide for a cleaner 
future by wrecking an economy with burdensome regulations. H. 
Res. 1272 reflects a legitimate effort to shed light on Biden 
Administration actions that would impose new controls on the 
energy economy.
    Americans must understand fully what the Administration is 
trying to do. Congress should bring transparency and 
accountability to the Administrations' plans. This resolution 
is an important step to accountability, to providing full 
information.
    A vote for this resolution is a vote for congressional 
oversight, a vote for transparency. Unfortunately, the 
Democratic Majority choose to ignore its responsibilities and 
rejected H. Res. 1272. And Americans for the time being must 
remain wary of what the Biden Administration is really up to.
                                    Cathy McMorris Rodgers,
               Republican Leader, Committee on Energy and Commerce.

                                  [all]