[House Report 119-419]
[From the U.S. Government Publishing Office]
119th Congress } { Report
HOUSE OF REPRESENTATIVES
1st Session } { 119-419
=======================================================================
AFFORDABLE HOUSING OVER MANDATING EFFICIENCY STANDARDS ACT
----------------
December 30, 2025.--Committed to the Committee of the Whole House on
the State of the Union and ordered to be printed
----------------
Mr. Guthrie, from the Committee on Energy and Commerce,
submitted the following
R E P O R T
together with
MINORITY VIEWS
[To accompany H.R. 5184]
The Committee on Energy and Commerce, to whom was referred
the bill (H.R. 5184) to prohibit the Secretary of Energy from
enforcing energy efficiency standards applicable to
manufactured housing, and for other purposes, having considered
the same, reports favorably thereon with amendments and
recommends that the bill as amended do pass.
CONTENTS
Page
Purpose and Summary.............................................. 2
Background and Need for Legislation.............................. 3
Committee Action................................................. 4
Committee Votes.................................................. 4
Oversight Findings and Recommendations........................... 6
New Budget Authority, Entitlement Authority, and Tax Expenditures 6
Congressional Budget Office Estimate............................. 6
Federal Mandates Statement....................................... 6
Statement of General Performance Goals and Objectives............ 6
Duplication of Federal Programs.................................. 6
Related Committee and Subcommittee Hearings...................... 6
Committee Cost Estimate.......................................... 8
Earmark, Limited Tax Benefits, and Limited Tariff Benefits....... 8
Advisory Committee Statement..................................... 8
Applicability to Legislative Branch.............................. 8
Section-by-Section Analysis of the Legislation................... 8
Changes in Existing Law Made by the Bill, as Reported............ 8
Minority, Additional, or Dissenting Views........................ 11
The amendments are as follows:
Strike all after the enacting clause and insert the
following:
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Affordable Housing Over Mandating
Efficiency Standards Act'' or the ``Affordable HOMES Act''.
SEC. 2. RECOMMENDATIONS FOR REVISIONS TO STANDARDS FOR MANUFACTURED
HOUSING.
(a) Recommendations.--Section 413 of the Energy Independence and
Security Act of 2007 (42 U.S.C. 17071) is amended--
(1) by amending subsection (a) to read as follows:
``(a) Recommendations for Revisions to Standards.--The Secretary may
transmit to the Secretary of Housing and Urban Development
recommendations for revisions to the preemptive energy conservation
standards established under section 604(g) of the Housing and Community
Development Act of 1974 (42 U.S.C. 5403(g)).'';
(2) by amending subsection (b) to read as follows:
``(b) Criteria for Recommendations.--Any recommendations for
revisions to a preemptive energy conservation standard transmitted
under this section shall--
``(1) be based on a determination of the cost-effectiveness
of such standard as proposed to be revised, taking into
consideration life cycle construction and operating costs;
``(2) include estimates of the impact of such standard as
proposed to be revised on the initial purchase price of
manufactured homes; and
``(3) be developed taking into consideration--
``(A) factory construction techniques and limitations
unique to manufactured homes;
``(B) climate zones established by the Secretary of
Housing and Urban Development;
``(C) alternative methods that achieve equivalent or
improved energy performance as compared to such
standard as proposed to be revised; and
``(D) estimated payback periods for any added costs
arising from such standard as proposed to be
revised.''; and
(3) by striking subsection (c).
(b) No Force or Effect.--The final rule titled ``Energy Conservation
Program: Energy Conservation Standards for Manufactured Housing''
published by the Department of Energy in the Federal Register on May
31, 2022 (87 Fed. Reg. 32728), shall have no force or effect.
Amend the title so as to read:
A bill to authorize the Secretary of Energy to transmit to
the Secretary of Housing and Urban Development recommendations
for changes to preemptive energy conservation standards
applicable to manufactured homes.
Purpose and Summary
H.R. 5184, the Affordable Homes Over Mandating Efficiency
Standards (Affordable HOMES) Act, was introduced by
Representative Houchin (R-IN) on September 8, 2025, and
referred to the Committee on Energy and Commerce on September
8, 2025. H.R. 5184 amends section 413 of the Energy
Independence and Security Act of 2007 to allow the Secretary of
Energy to provide recommendations regarding energy efficiency
standards for manufactured housing, while maintaining the
Department of Housing and Urban Development's (HUD) sole
authority for revising standards. This legislation would also
nullify the final rule entitled ``Energy Conservation Program;
Standards for Manufactured Housing'' published in the Federal
Register on May 31, 2022.
Background and Need for Legislation
In 1974, Congress passed the National Manufactured Housing
Construction and Safety Standards Act of 1974,\1\ which
designated the U.S. Department of Housing and Urban Development
(HUD) as the primary agency for setting energy efficiency
standards for manufactured housing. HUD was statutorily
instructed to develop energy conservation standards that were
cost-effective to ensure the lowest total construction and
operating costs,\2\ and that take design and factory
construction techniques of manufactured homes into
consideration.\3\
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\1\Pub. L. No. 93-383.
\2\42 U.S.C. Sec. 5403(g)(2).
\3\42 U.S.C. Sec. 5403(g)(3).
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HUD's exclusive authority over these energy conservation
standards was maintained for more than three decades, until
Congress gave authority to the Secretary of Energy to establish
energy efficiency standards for manufactured housing in the
Energy Independence and Security Act of 2007 (EISA).\4\ The
EISA required the Secretary of Energy to establish energy
conservation standards based on the most recent version of the
International Energy Conservation Code (IECC).\5\
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\4\42 U.S.C. Sec. 17071(a)(1).
\5\42 U.S.C. Sec. 17071(b)(1).
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The authority granted to the DOE in these sections of the
EISA creates two problems, the first being the creation of
duplicative and conflicting regulations and standards.
Authorizing a second agency to set standards creates
duplicative regulations, unnecessary regulatory bottlenecks,
and conflicting standards for the manufactured housing
industry. The second issue is the statute's requirement that
the DOE set its energy conservation standards for manufactured
housing by using the most recent IECC code. The IECC codes are
intended for site-built housing, not manufactured homes.
Builders of site-built homes build according to a specific
region, and the IECC is intended to reflect the unique
characteristics of the region in which the home is being built.
However, manufactured housing is not built on site and without
the knowledge of the final location of the home. This makes
IECC codes incompatible with energy conservation standards of
manufactured homes.
In 2022, the DOE published a final rule titled ``Energy
Conservation Program: Energy Conservation Standards for
Manufactured Housing'' in the Federal Register.\6\ This final
rule is problematic for the aforementioned reasons: the
standards were set using IECC codes, which are insufficient
with off-site, manufactured housing, and it created conflicting
sets of standards between DOE and HUD.
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\6\Dep't. of Energy, ``Energy Conservation Program: Energy
Conservation Standards for Manufactured Housing,'' 87 Fed. Reg. 32728
(2022).
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The Committee finds it necessary to repeal this section of
EISA and restore primacy of energy efficiency standards of
manufactured housing to HUD. H.R. 5184 allows DOE to provide
recommendations to HUD as the agency develops energy
conservation standards for manufactured housing. At a time when
the cost of housing continues to rise, overly stringent and
duplicative standards that raise the cost of the most
affordable form of housing do not benefit the American people.
H.R. 5184 will streamline the standard setting process, help
lower the cost of manufactured housing, and increase housing
affordability for home buyers.
Committee Action
On September 16, 2025, the Subcommittee on Energy held a
legislative hearing on H.R. 5184. The Subcommittee received
testimony from:
Jeff Novak, Acting General Counsel and
Principal Deputy General Counsel, U.S. Department of
Energy;
George Lowe, Vice President of Governmental
Affairs and Public Policy, American Gas Association;
Jennifer Cleary, Vice President of
Regulatory Affairs, Association of Home Appliance
Manufacturers;
Brian Tebbenkamp, President and Owner,
Patriot Homes Inc; and,
Andrew deLaski, Executive Director,
Appliance Standards Awareness Project.
On November 19, 2025, the Subcommittee on Energy met in
open markup session and forwarded H.R. 5184, as amended, to the
full Committee by a voice vote. On December 3, 2025, the full
Committee on Energy and Commerce met in open markup session and
ordered H.R. 5184, without amendment, favorably reported to the
House by a record vote of 30 yeas and 16 nays.
Committee Votes
Clause 3(b) of rule XIII requires the Committee to list the
record votes on the motion to report legislation and amendments
thereto. The following reflects the record votes taken during
the Committee consideration:
[GRAPHIC(S) NOT AVAILABLE IN TIFF FORMAT]
Oversight Findings and Recommendations
Pursuant to clause 2(b)(1) of rule X and clause 3(c)(1) of
rule XIII, the Committee held hearings and made findings that
are reflected in this report.
New Budget Authority, Entitlement Authority,
and Tax Expenditures
Pursuant to clause 3(c)(2) of rule XIII, the Committee
finds that H.R. 5184 would result in no new or increased budget
authority, entitlement authority, or tax expenditures or
revenues.
Congressional Budget Office Estimate
Pursuant to clause 3(c)(3) of rule XIII, at the time this
report was filed, the cost estimate prepared by the Director of
the Congressional Budget Office pursuant to section 402 of the
Congressional Budget Act of 1974 was not available.
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.
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 amend
section 413 of the Energy Independence and Security Act (EISA)
of 2007 relating to energy efficiency standards for
manufactured housing. This legislation also nullifies the final
rule titled ``Energy Conservation Program: Standards for
Manufactured Housing,'' published in the Federal Register on
May 31, 2022.
Duplication of Federal Programs
Pursuant to clause 3(c)(5) of rule XIII, no provision of
H.R. 5184 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.
Related Committee and Subcommittee Hearings
Pursuant to clause 3(c)(6) of rule XIII, the following
related hearing was used to develop or consider H.R. 5184:
On February 5, 2025, the Subcommittee on Energy held a
hearing on H.R. 5184. The title of the hearing was ``Powering
America's Future: Unleashing American Energy.'' The
Subcommittee received testimony from:
Amanda Eversole, Executive Vice President
and Chief Advocacy Officer, American Petroleum
Institute;
Brigham McCown, Senior Fellow and Director,
Initiative on American Energy Security, The Hudson
Institute;
Gary Arnold, Business Manager, Denver
Pipefitters Local 208; and,
Tyler O'Conner, Partner, Crowell & Moring
LLP.
On February 26, 2025, the Subcommittee on Oversight and
Investigations held a hearing on H.R. 5184. The title of the
hearing was ``Examining the Biden Administration's Energy and
Environment Spending Push.'' The Subcommittee received
testimony from:
Johnathan Black, Chief Advisor for Strategic
Planning and Program Oversight, Office of Inspector
General, U.S. Department of Energy;
J. Alfredo Gomez, Director, Natural
Resources and Environment team, U.S. Government
Accountability Office;
Nicole Murley, Acting Inspector General,
Office of Inspector General, U.S. Environmental
Protection Agency; and,
Frank Rusco, Director, Natural Resources and
Environment team, U.S. Government Accountability
Office.
On March 5, 2025, the Subcommittee on Energy held a hearing
on H.R. 5184. The title of the hearing was ``Scaling for
Growth: Meeting the Demand for Reliable, Affordable
Electricity.'' The Subcommittee received testimony from:
Todd Brickhouse, CEO and General Manager,
Basin Electric Power Cooperative;
Asim Z. Haque, Senior Vice President for
Governmental and Member Services, PJM;
Noel W. Black, Senior Vice President of
Regulatory Affairs, Southern Company; and,
Tyler H. Norris, James B. Duke Fellow, Duke
University.
On September 9, 2025, the Subcommittee on Energy held a
hearing on H.R. 5184. The title of the hearing was ``Building
the American Dream: Examining Affordability, Choice, and
Security in Appliance and Buildings Policies.'' The
Subcommittee received testimony from:
Buddy Hughes, Chairman, National Association
of Home Builders;
Ben Lieberman, Senior Fellow, Competitive
Enterprise Institute;
Jim Steffes, Senior Vice President of
Regulatory Affairs, Washington Gas; and,
Kara Saul-Rinaldi, Chief Policy Officer,
Building Performance Association.
On September 16, 2025, the Subcommittee on Energy held a
legislative hearing on H.R. 5184. The title of the hearing was
``Appliance and Buildings Policies: Restoring the American
Dream of Home Ownership and Consumer Choice.'' The Subcommittee
received testimony from:
Jeff Novak, Acting General Counsel and
Principal Deputy General Counsel, U.S. Department of
Energy;
George Lowe, Vice President of Governmental
Affairs and Public Policy, American Gas Association;
Jennifer Cleary, Vice President of
Regulatory Affairs, Association of Home Appliance
Manufacturers;
Brian Tebbenkamp, President and Owner,
Patriot Homes Inc.; and,
Andrew deLaski, Executive Director,
Appliance Standards Awareness Project.
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. At the time this report was
filed, the estimate was not available.
Earmark, Limited Tax Benefits, and Limited Tariff Benefits
Pursuant to clause 9(e), 9(f), and 9(g) of rule XXI, the
Committee finds that H.R. 5184 contains no earmarks, limited
tax benefits, or limited tariff benefits.
Advisory Committee Statement
No advisory committees within the meaning of section 5(b)
of the Federal Advisory Committee Act were created by this
legislation.
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.
Section-by-Section Analysis of the Legislation
Section 1: Short title
Section 1 provides the short title of ``Affordable Housing
Over Mandating Efficiency Standards Act'' or the ``Affordable
HOMES Act.''
Section 2: Repeal of authority to establish standards for manufactured
housing
Section 2 amends section 413 of the Energy Independence and
Security Act of 2007 (EISA) to repeal DOE's authority to set
energy efficiency standards for manufactured housing, while
maintaining an advisory role to HUD.
Additionally, this section nullifies the DOE final rule
titled ``Energy Conservation Program: Energy Conservation
Standards for Manufactured Housing,'' published in the Federal
Register on May 31, 2022.
Changes in Existing Law Made by the Bill, as Reported
In compliance with clause 3(e) of rule XIII of the Rules of
the House of Representatives, changes in existing law made by
the bill, as reported, are shown as follows (existing law
proposed to be omitted is enclosed in black brackets, new
matter is printed in italics, and existing law in which no
change is proposed is shown in roman):
ENERGY INDEPENDENCE AND SECURITY ACT OF 2007
* * * * * * *
TITLE IV--ENERGY SAVINGS IN BUILDINGS AND INDUSTRY
Subtitle A--Residential Building Efficiency
* * * * * * *
SEC. 413. ENERGY CODE IMPROVEMENTS APPLICABLE TO MANUFACTURED HOUSING.
[(a) Establishment of Standards.--
[(1) In general--Not later than 4 years after the
date of enactment of this Act, the Secretary shall by
regulation establish standards for energy efficiency in
manufactured housing.
[(2) Notice, comment, and consultation.--Standards
described in paragraph (1) shall be established after--
[(A) notice and an opportunity for comment by
manufacturers of manufactured housing and other
interested parties; and
[(B) consultation with the Secretary of
Housing and Urban Development, who may seek
further counsel from the Manufactured Housing
Consensus Committee.
[(b) Requirements.--
[(1) International energy conservation code.--The
energy conservation standards established under this
section shall be based on the most recent version of
the International Energy Conservation Code (including
supplements), except in cases in which the Secretary
finds that the code is not cost- effective, or a more
stringent standard would be more cost- effective, based
on the impact of the code on the purchase price of
manufactured housing and on total life-cycle
construction and operating costs.
[(2) Considerations.--The energy conservation
standards established under this section may--
[(A) take into consideration the design and
factory construction techniques of manufactured
homes;
[(B) be based on the climate zones
established by the Department of Housing and
Urban Development rather than the climate zones
under the International Energy Conservation
Code; and
[(C) provide for alternative practices that
result in net estimated energy consumption
equal to or less than the specified standards.
[(3) Updating.--The energy conservation standards
established under this section shall be updated not
later than--
[(A) 1 year after the date of enactment of
this Act; and
[(B) 1 year after any revision to the
International Energy Conservation Code.
[(c) Enforcement.--Any manufacturer of manufactured housing
that violates a provision of the regulations under subsection
(a) is liable to the United States for a civil penalty in an
amount not exceeding 1 percent of the manufacturer's retail
list price of the manufactured housing. ]
(a) Recommendations for Revisions to Standards.--The
Secretary may transmit to the Secretary of Housing and Urban
Development recommendations for revisions to the preemptive
energy conservation standards established under section 604(g)
of the Housing and Community Development Act of 1974 (42 U.S.C.
5403(g)).
(b) Criteria for Recommendations.--Any recommendations for
revisions to a preemptive energy conservation standard
transmitted under this section shall--
(1) be based on a determination of the cost-
effectiveness of such standard as proposed to be
revised, taking into consideration life cycle
construction and operating costs;
(2) include estimates of the impact of such standard
as proposed to be revised on the initial purchase price
of manufactured homes; and
(3) be developed taking into consideration--
(A) factory construction techniques and
limitations unique to manufactured homes;
(B) climate zones established by the
Secretary of Housing and Urban Development;
(C) alternative methods that achieve
equivalent or improved energy performance as
compared to such standard as proposed to be
revised; and
(D) estimated payback periods for any added
costs arising from such standard as proposed to
be revised.
* * * * * * *
MINORITY VIEWS
H.R. 5184, the ``Affordable Housing Over Mandating
Efficiency Standards Act,'' prevents households that live in
manufactured housing from benefiting from energy efficiency
standards that are established by energy sector experts.
Specifically, H.R. 5184 amends Section 413 of the bipartisan
Energy Independence and Security Act of 2007 (EISA) and removes
this authority from the Department of Energy's (DOE)
jurisdiction, thus sending energy efficiency standards for
manufactured homes to another federal agency that does not
specialize in energy efficiency rulemaking. Additionally, the
bill prevents DOE's May 2022 energy conservation standard for
manufactured housing from taking effect and lowering household
utility bills. For these reasons, the Committee Minority
strongly opposes H.R. 5184.
H.R. 5184 amends section 413 of EISA, shifting authority of
manufactured housing efficiency standards to the Department of
Housing and Urban Development (HUD). EISA passed in a
bipartisan fashion, and Congress explicitly directed DOE to
develop energy efficiency standards for manufactured homes. The
law directs DOE to base the standards on the most recent
International Energy Conservation Code (IECC) unless the
Secretary finds that IECC is not cost-effective or that a more
stringent standard would be cost-effective.\1\ Prior to the
passage of EISA, HUD, which was responsible for energy
standards for manufactured homes, had not updated its energy
provisions since 1994.\2\ EISA requires DOE to provide notice
and the opportunity for comment from manufacturers and
stakeholders, and to consult with the HUD Secretary on energy
efficiency standards for manufactured housing.\3\ DOE has a
rigorous rulemaking process with extensive stakeholder
engagement and energy sector expert input, and has significant
experience setting energy efficiency standards. Amending
Section 413 of EISA undermines this important DOE authority.
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\1\Congressional Research Service, Housing Issues in the 118th
Congress (Jan. 19, 2024) (R47628).
\2\American Council for an Energy-Efficient Economy, Biden Standard
for Manufactured Homes Will Leave Low-Income Households with High
Energy Bills (May 18, 2022) (press release).
\3\See note 1.
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H.R. 5184 also prevents the final rule titled ``Energy
Conservation Program: Standards for Manufactured Housing''
published in the Federal Register on May 31, 2022, from having
any effect. In May 2022, DOE finalized a court-mandated rule
adopting energy conservation standards for new manufactured
homes. The rule will help those living in manufactured housing
save up to $475 per year on average on their utility bills.\4\
Energy costs are about 70 percent higher per square foot in
manufactured homes compared to site-built homes.\5\ The median
energy burden of manufactured housing residents is 39 percent
higher than that of single-family households.\6\ The Committee
Minority believes it is important to support this standard and
the crucial savings the standard will provide for these
households.
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\4\Department of Energy, DOE Updates Mobile Home Efficiency
Standards to Lower Household Energy Bills (May 18, 2022) (press
release).
\5\See note 2.
\6\American Council for an Energy-Efficient Economy, How High Are
Household Energy Burdens? (Sept. 2020).
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In developing the May 2022 final rule, DOE consulted HUD to
appropriately balance the upfront costs of manufactured homes
with long-term affordability, recognizing that ``access to
affordable housing and reducing energy burdens of the
purchasers are of the utmost importance in the manufactured
housing market.''\7\ Thus, to accommodate price-sensitive, low-
income purchasers of manufactured homes, DOE adopted a tiered
approach based on the size of the manufactured home in the
final rule.\8\ As such, the final rule is cost-effective, with
the benefits of the rule far outweighing the costs.
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\7\Department of Energy, Energy Conservation Program: Energy
Conservation Standards for Manufactured Housing, 87 Fed. Reg. 32746
(May 31, 2022) (final rule).
\8\Department of Energy, Energy Conservation Program: Energy
Conservation Standards for Manufactured Housing, 87 Fed. Reg. 32728
(May 31, 2022) (final rule).
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Additionally, H.R. 5184 was amended during the November 19,
2025, Subcommittee on Energy markup to allow DOE to submit
recommendations for revisions to HUD's conservation standards
for manufactured housing based on specific criteria. While the
amendment marginally improved the bill by removing the outright
repeal of section 413 of EISA, the amendment still failed to
address the major flaws in the underlying bill. As amended,
H.R. 5184 still nullifies DOE's May 2022 manufactured housing
energy conservation standard, jeopardizing more than $5 billion
in savings for manufactured housing residents.\9\ As amended,
the bill still undermines DOE's authority to set efficiency
standards by shifting the responsibility to HUD. The bill fails
to specify what HUD should do with DOE's recommendations; even
if DOE submitted recommendations, it is likely that they will
have no effect.
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\9\Building Safety Journal, Department of Energy finalizes rule for
Energy Conservation Standards for Manufactured Housing (June 9, 2025)
(https://www.iccsafe.org/building-safety-journal/bsj-technical/
department-of-energy-finalizes-rule-for-energy-conservation-standards-
for-
manufactured-housing/).
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Entrusting HUD with setting efficiency standards for
manufactured homes will not improve affordability. As
previously mentioned, when HUD was the lead agency responsible
for setting energy efficiency standards for manufactured homes
prior to the passage of EISA, the agency had failed to
meaningfully update the standards since 1994, leaving
manufactured housing residents with disproportionately high
energy bills for years. By repealing DOE's court-mandated and
long-awaited energy conservation standard for manufactured
homes, H.R. 5184 deprives residents of significant and
desperately needed cost savings. At a time when electricity
prices are up thirteen percent nationwide, strong energy
efficiency standards are imperative to safeguard consumers.\10\
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\10\Climate Power, Trump's Energy Crisis (Dec. 2025).
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For the reasons stated above, we dissent from the views
contained in the Committee's report.
Frank Pallone, Jr.
Ranking Member, Committee on Energy and Commerce.
[all]