A joint 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".

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.

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.

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. 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

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. Speaker, I yield 2 minutes to the gentleman from North Carolina (Mr. Murphy).

Mr. Speaker, I yield 4 minutes to the gentleman from Florida (Mr. Posey), the original sponsor of this resolution.

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

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. 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. 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

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. 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).

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

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. 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. 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.

Mr. Speaker, on that I demand the yeas and nays.

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.

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. 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.

Mr. Speaker, I yield 2\1/2\ minutes to the gentleman from Texas (Mr. Doggett).

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.

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.

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. Speaker, I yield 1 minute to the gentleman from Illinois (Mr. Davis).

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. Speaker, I yield 1 minute to the gentleman from Virginia (Mr. Beyer).

Mr. Speaker, I yield 1\1/2\ minutes to the gentleman from California (Mr. Panetta).

Mr. Speaker, I yield 1 minute to the gentlewoman from California (Ms. Chu).

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.

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. 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. Speaker, I yield myself such time as I may consume.

Mr. Speaker, I rise in strong opposition to this resolution. President Biden struck the right balance by instituting a temporary freeze on solar tariffs.

The Inflation Reduction Act has already led to the announcement of more than 45 gigawatts of domestic solar manufacturing capacity, and work has already begun.

In 2021, there were only 7 gigawatts of domestic manufacturing capacity, but it takes time to build out manufacturing capacities. It doesn't happen overnight.

This 2-year bridge gives the solar industry the time needed to reorient supply chains away from China to produce panels domestically.

That is why the President's position is supported by leaders who do the work: organized labor from IBEW, LIUNA, the carpenters, and the operating engineers, as well as a variety of other organizations in the environmental community and the National Taxpayers Union.

The solar industry itself strongly supports the administration's position. Kenneth Cooper, president of IBEW, characterized the President's action as a carefully crafted compromise that would provide market certainty to allow American companies to continue deploying solar panels.

H.J. Res. 39 is a backward-looking resolution, he said, looking to reopen a settled matter rather than create a solution.

It is not just organized labor. Members of the environmental community say that this resolution could destabilize the solar supply chains, harm ongoing deployment, threaten high-quality solar construction jobs, and impede our Nation's decarbonization goals.

The National Taxpayers Union opposes this proposal, saying that Congress should not, ``increase energy costs via the Congressional Review Act.''

Many of us in Congress have worked for years to achieve the policy victories contained in the Inflation Reduction Act.

We share the goal of pushing back against China and have supported legislation to do precisely that. Now is not the time to undermine our efforts in producing a robust supply chain in solar.

I encourage my colleagues to consider the overwhelming evidence and reject this legislation when it is called for a vote today.

Mr. Speaker, I reserve the balance of my time.

Mr. Speaker, I respectfully disagree with the gentlewoman from West Virginia. This would not help American industry.

I include in the Record statements from nine American stakeholders in the industry who relied on Commerce's regulations to make significant business and economic decisions.

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 woul1enalize 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.

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

Mr. Speaker, they say nullifying Commerce's rulemaking as provided for in H.J. Res. 39 would penalize companies acting in accordance with the law by imposing large, up to 254 percent, unanticipated retroactive duty liability for these stakeholders going 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 our competitiveness in the marketplace.

Mr. Speaker, I yield 3 minutes to the gentleman from Texas, (Mr. Doggett).

Mr. Speaker, I yield myself such time as I may consume.

Mr. Speaker, I include in the Record a statement from Terry O'Sullivan, the general president of LIUNA, the Laborers' International Union of North America.

His statement is on behalf of a half million members of the Laborers' International Union in strong opposition to this proposal: ``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 already on the books, within the renewable energy industry, and it is now all at risk if the CRA is passed.''

LiUNA!,

Washington, DC, April 19, 2023

Hon. Jason Smith,

Chairman, House Committee on Ways and Means, Washington, DC.

Hon. Richard Neal,

Ranking Member, 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 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. Speaker, I yield 2 minutes to the gentleman from California (Mr. Thompson).

Mr. Speaker, I yield myself such time as I may consume.

Mr. Speaker, I include in the Record a statement from 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.

The statement indicates, among other things: ``Repealing President Biden's proclamation will result in retroactive duties and tariffs that would jeopardize 30,000 construction and 4,000 manufacturing jobs. . . . We are not prepared to stand by and let some partisan dispute eliminate Operating Engineers' jobs and slow the deployment of clean energy.''

For immediate release: April 19, 2023.

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:''

``President Biden'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.

Mr. Speaker, I yield 2 minutes to the gentleman from Illinois (Mr. Davis).

Mr. Speaker, I yield myself such time as I may consume.

Mr. Speaker, the gentlewoman from Staten Island has it backwards. The fact is that there is a process underway to review the challenges of the circumvention. There will be a report within the next year, but what the President did was put a pause on that to allow American industry to reorient and to catch up because otherwise they do not have the capacity.

I quote a strong representative of working men and women, the general president of the United Brotherhood of Carpenters and Joiners of America, Douglas McCarron: ``President Biden's proclamation saves Carpenters' jobs and smooths the development of the domestic solar manufacturing industry. Today, we are seeing the American manufacturing sector respond to incentives in the Inflation Reduction Act and develop homegrown solar modules.'' According to this international union president, ``Now is not the time to disrupt the solar industry and lay off thousands of union workers just as we are getting a foothold in the burgeoning solar business.''

Mr. Speaker, I yield 3 minutes to the gentleman from Flint, Michigan (Mr. Kildee), a strong and effective voice, for whatever he advocates.

Mr. Speaker, I yield an additional 1 minute to the gentleman from Michigan.

Mr. Speaker, I yield myself the balance of my time to close.

Mr. Speaker, there was a reference about false choices. Well, it is a false choice that we adhere to our interests and goals at the expense of throwing out of work thousands of American union workers and disrupting opportunities to smooth the supply chain.

Mr. Speaker, I include in the Record a statement from 10 leading environmental organizations that says: ``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 solar companies deploying clean energy, and job stability for those workers installing panels.''

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.

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. Speaker, somebody listening from the sidelines would think that there is a great deal of disagreement between my honorable friend from Missouri and me. That is not the case. We share many of the same goals, as he knows, with legislation that I am proposing to try to rein in some of the egregious abuses of the Chinese.

What we are disagreeing about today is to undercut a process that is working with the Department of Commerce for accountability. The goal here is for another year to be able to work the process through. I have no doubt that we are going to end up essentially in the same place but without compromising the ability of organized labor and workers to be able to have jobs without undercutting the opportunity for the businesses to be able to cope with these changed circumstances and to be able to develop a supply chain, which you cannot do overnight. But over the course of the next year or so, we can make significant progress. That is our goal. We don't think that we have to punish American companies and American workers to achieve that goal.

I am convinced that over the course of the next year, we will be largely in the same place after that process is finished with the Department of Commerce. In the meantime, we are not going to have American workers and businesses pay the price for this, frankly, unfortunate demonstration of political messaging. We want to reach the same goal. We don't want to punish workers and industry while we get there.

Having this additional year requested by the Biden administration that would be achieved by sustaining his veto is a reasonable outcome and I think gets us where we want to be.

Mr. Speaker, I respectfully suggest that we reject this resolution, allow the process to work, do not penalize American workers, and strengthen supply chains so that a year and a half from now, we can, in fact, be in the same place, having a robust domestic industry and enforcing our goals and objectives.

Mr. Speaker, I yield back the balance of my time.

Mr. Speaker, for purposes of debate only, I yield the customary 30 minutes to the gentleman from Oregon (Mr. Blumenauer), the ranking member of the Subcommittee on Trade of the Committee on Ways and Means, pending which I yield myself such time as I may consume.

General Leave

Mr. Speaker, I ask unanimous consent that all Members may have 5 legislative days in which to revise and extend their remarks and include extraneous material on the veto message of H.J. Res. 39.

Mr. Speaker, I rise in support of overriding President Biden's veto of H.J. Res. 39, a Congressional Review Act resolution disapproving of 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. Speaker, 2 weeks ago, the Ways and Means Committee held a hearing at the Port of Staten Island in New York to listen to working Americans who are on the front lines of the impact of our trade policies.

Witnesses highlighted for the committee the troubling reality that the Chinese Communist Party continues to engage in a wide range of unfair trade practices that rip off American workers, farmers, and businesses.

Today's resolution highlights one of the most prolific of these unfair practices--massive subsidies for the CCP's favored industries.

Today's resolution is focused on the solar industry, but make no mistake, the CCP's industrial policy impacts all sectors of the American economy.

The United States has had tariffs in place since 2012--during the Obama administration--to provide a level playing field for American manufacturers who face unfair competition from unfairly priced and subsidized solar products coming out of China.

Now, President Biden's own Commerce Department has found that Chinese companies are shipping products through four Southeast Asian countries--Cambodia, Malaysia, Thailand, and Vietnam--to avoid paying these same tariffs.

China has set up a solar panel export scheme that cheats American workers and consumers. Instead of standing up for American manufacturers and workers, the White House rewarded China for exploiting them by issuing a proclamation that allows the CCP to continue to avoid paying the tariffs they owe for an additional 2 years.

The sad truth is the solar panel industry in China is historically one of the most prolific users of forced labor.

This body stood together not too long ago to pass the Uyghur Forced Labor Prevention Act. We should do the same thing now when it comes to actually standing firm against products and industries which have a proven track record of using such terrible practices.

Republicans and Democrats in this Chamber and in the Senate came together to block implementation of the White House proclamation on solar panels just a few weeks ago.

In doing, so we also sent a message to President Xi: We will not allow China to abuse our trade policies and hurt American workers.

Unfortunately, President Biden doubled down on his misguided decision and vetoed our efforts. America must stand up to China and stand up for our workers.

Small businesses and U.S. manufacturers already have to deal with inflation, rising interest rates, and a worker shortage.

The least Washington can do is level the playing field for American workers competing against Chinese state-subsidized companies.

China's unfair trade practices have left behind a trail of shuttered factories, lost jobs, and stolen intellectual property all across America.

When we voted to roll back the White House's misguided decision on solar panel tariffs, Congress spoke with a bipartisan voice in both Chambers. I hope today we can do the same.

I urge my colleagues to once again support this effort to turn out the lights on China's economic exploitation.

Mr. Speaker, I reserve the balance of my time.

Mr. Speaker, I yield 2 minutes to the gentlewoman from West Virginia (Mrs. Miller).

Mr. Speaker, I remind my colleagues that the overall U.S. trade remedy system is retrospective.

Final duties are always calculated after a product enters the United States upon completion of an investigation or review.

We have hundreds of anti-dumping and countervailing duty orders in place to level the playing field for American producers. In all these cases, the final duties have been calculated at the end of the investigation.

What is unusual about the solar circumvention case was the action by the Biden administration to encourage importation of these products despite the

fact that China is trading them unfairly.

Mr. Speaker, I yield 3 minutes to the gentlewoman from New York (Ms. Tenney).

Mr. Speaker, I yield 4 minutes to the gentleman from Florida (Mr. Posey).

Mr. Speaker, I yield myself such time as I may consume.

Mr. Speaker, this veto override supports American workers and manufacturers in the solar sector, but it also helps protect American workers in every sector that face unfair competition from China or any other country.

Our trade laws are designed to level the playing field so that American workers can compete and win. We have hundreds of trade remedy orders in place to do exactly that for many American industries.

These laws aren't worth the paper they are written on unless they are enforced. Overriding this veto is an important way for Congress to show that we will insist on strong trade enforcement for American workers, farmers, and manufacturers of any product that faces unfair competition from China or any other country.

Mr. Speaker, I yield such time as she may consume to the gentlewoman from New York (Ms. Malliotakis).

Mr. Speaker, there are few times that I would have yielded time to the gentleman from Michigan, but I would have for that opportunity to finish.

Mr. Speaker, as my colleagues on the other side of the aisle know well, the Chinese Communist Party has an egregious human rights record. There is a clear connection between these human rights abuses and the CCP's solar industry.

Mr. Speaker, I call attention to the full and complete testimony of Nury Turkel, a Uyghur human rights lawyer and chair of the U.S. Commission on International Religious Freedom, which was held before the Committee on Ways and Means during a field hearing in Staten Island, New York, on May 9, 2023, titled: ``Trade in America: Securing Supply Chains and Protecting the American Worker--Staten Island. The testimony can be found on the Ways and Means Committee website.

Mr. Speaker, Mr. Turkel's testimony highlights the ongoing human rights abuses and religious persecution being perpetrated against Uyghurs by the Chinese Communist Party.

I am disappointed that President Biden vetoed this important resolution. This is unacceptable. We must step up to hold China accountable for its human rights abuses.

Mr. Speaker, I reserve the balance of my time.

Mr. Speaker, I yield myself the balance of my time.

For years, China has been engaged in a long list of unfair trade practices. It is these practices that are harming American workers. They cost communities their jobs and create an unfair playing field.

We are here today to end the misguided reward that the White House gave China for one of those unfair practices: shipping solar products through four Southeast Asian nations to dodge paying U.S. tariffs.

That is simply what we are talking about here. That is it. That is how you protect American workers.

It is not allowing the Chinese, the CCP, to have a competitive advantage over our manufacturers and over our American workers. But if it is for solar panels, wait, it is okay for the Chinese to subsidize that. It is okay for American workers to lose their jobs unfairly because we don't want to put a tariff on the CCP.

It is extremely important that even the Department of Commerce, President Biden's Department of Commerce, is the one that suggested there should be tariffs on these four countries because they are the ones that identified these four countries being misused by the CCP.

That is what we are trying to do, is to follow Biden's Department of Commerce. Unfortunately, Biden himself is not even following his own Department of Commerce because he is more on the side of his special interest groups instead of the American workers who are losing their jobs because this resolution, his veto, basically allows more Chinese solar panels in without tariffs, and they are not doing anything about it.

That is why, in a bipartisan measure, both in the House and in the Senate, we voted to reverse President Biden, including the Finance Committee chair over on the other side, a Democrat, who voted to reverse the President's proposal.

The problem is we don't have enough Democrats that will join us. We have just a few, but I am thankful for the few who want to stand up to the CCP.

Mr. Speaker, I yield back the balance of my time.

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.

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.