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[House Report 111-572]
[From the U.S. Government Publishing Office]


111th Congress                                            Rept. 111-572
  2d Session            HOUSE OF REPRESENTATIVES                 Part 1
=======================================================================
 
CLEAN ENERGY TECHNOLOGY MANUFACTURING AND EXPORT ASSISTANCE ACT OF 2010 

                                _______
                                

                 July 27, 2010.--Ordered to be printed

                                _______
                                

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

                              R E P O R T

                             together with

                            DISSENTING VIEWS

                        [To accompany H.R. 5156]

      [Including cost estimate of the Congressional Budget Office]

    The Committee on Energy and Commerce, to whom was referred 
the bill (H.R. 5156) to provide for the establishment of a 
Clean Energy Technology Manufacturing and Export Assistance 
Fund to assist United States businesses with exporting clean 
energy technology products and services, having considered the 
same, report favorably thereon with an amendment and recommend 
that the bill as amended do pass.

                                CONTENTS

                                                                   Page
Amendment........................................................     2
Purpose and Summary..............................................     3
Background and Need for Legislation..............................     3
Legislative History..............................................     5
Committee Consideration..........................................     5
Committee Votes..................................................     5
Committee Oversight Findings and Recommendations.................     7
New Budget Authority, Entitlement Authority, and Tax Expenditures     7
Statement of General Performance Goals and Objectives............     7
Constitutional Authority Statement...............................     7
Earmarks and Tax and Tariff Benefits.............................     7
Federal Advisory Committee Statement.............................     7
Applicability of Law to Legislative Branch.......................     7
Federal Mandates Statement.......................................     7
Committee Cost Estimate..........................................     7
Congressional Budget Office Cost Estimate........................     8
Section-by-Section Analysis of the Legislation...................     9
Changes in Existing Law Made by the Bill, as Reported............    11
Dissenting Views.................................................    12

                               AMENDMENT

  The amendment is as follows:
  Strike all after the enacting clause and insert the 
following:

SECTION 1. SHORT TITLE.

  This Act may be cited as the ``Clean Energy Technology Manufacturing 
and Export Assistance Act of 2010''.

SEC. 2. CLEAN ENERGY TECHNOLOGY MANUFACTURING AND EXPORT ASSISTANCE 
                    FUND.

  (a) Definitions.--For purposes of this section--
          (1) the term ``clean energy technology'' means a technology 
        related to the production, use, transmission, storage, control, 
        or conservation of energy that will contribute to a 
        stabilization of atmospheric greenhouse gas concentrations 
        through reduction, avoidance, or sequestration of energy-
        related emissions and--
                  (A) reduce the need for additional energy supplies by 
                using existing energy supplies with greater efficiency 
                or by transmitting, distributing, or transporting 
                energy with greater effectiveness through the 
                infrastructure of the United States; or
                  (B) diversify the sources of energy supply of the 
                United States to strengthen energy security and to 
                increase supplies with a favorable balance of 
                environmental effects if the entire technology system 
                is considered; and
          (2) the term ``Secretary'' means the Secretary of Commerce.
  (b) Establishment.--The Secretary shall establish a Clean Energy 
Technology Manufacturing and Export Assistance Fund, to be administered 
through the International Trade Administration. The Secretary shall 
administer the Fund to promote policies that will reduce production 
costs and encourage innovation, investment, and productivity in the 
clean energy technology sector, and implement a national clean energy 
technology export strategy. The purpose of the Fund is to ensure that 
United States clean energy technology firms, including clean energy 
technology parts suppliers and engineering and design firms, have the 
information and assistance they need to be competitive and create clean 
energy technology sector jobs in the United States.
  (c) Assistance.--The Secretary, consistent with the National Export 
Initiative, shall provide information, tools, and other assistance to 
United States businesses to promote clean energy technology 
manufacturing and facilitate the export of clean energy technology 
products and services. Such assistance shall include--
          (1) developing critical analysis of policies to reduce 
        production costs and promote innovation, investment, and 
        productivity in the clean energy technology sector;
          (2) helping educate companies about how to tailor their 
        activities to specific markets with respect to their product 
        slate, financing, marketing, assembly, and logistics;
          (3) helping United States companies learn about the export 
        process and export opportunities in foreign markets;
          (4) helping United States companies to navigate foreign 
        markets; and
          (5) helping United States companies provide input regarding 
        clean energy technology manufacturing and trade policy 
        developments and trade promotion.
  (d) Reports to Congress.--
          (1) Not later than 180 days after the date of enactment of 
        this Act, the Secretary shall transmit to the Congress a report 
        indicating how the funds provided under this section will be 
        used to--
                  (A) focus on small and medium-sized United States 
                businesses;
                  (B) encourage the creation and maintenance of the 
                greatest number of clean energy technology jobs in the 
                United States; and
                  (C) encourage the domestic production of clean energy 
                technology products and services, including materials, 
                components, equipment, parts, and supplies related in 
                any way to the product or service.
          (2) Not later than January 1, 2015, the Secretary shall 
        transmit to the Congress a report assessing the extent to which 
        the program established under this section--
                  (A) has been successful in developing critical 
                analysis of policies to reduce production costs and 
                promote innovation, investment, and productivity in the 
                clean energy technology sector;
                  (B) has been successful in increasing the 
                competitiveness of United States clean energy 
                technology firms in emerging markets;
                  (C) has been successful in assisting United States 
                businesses, specifically small and medium-sized firms, 
                with exporting clean energy technology products and 
                services;
                  (D) has been successful in creating jobs directly 
                related to the clean energy technology sector in the 
                United States, including specific information as to the 
                nature, location, and duration of those jobs and the 
                methodology used by the Secretary to compile such 
                information;
                  (E) has been successful in helping United States 
                companies provide input regarding clean energy 
                technology manufacturing and trade policy developments 
                and trade promotion; and
                  (F) should be continued.
  (e) Authorization of Appropriations.--
          (1) In general.--There are authorized to be appropriated to 
        the Secretary for carrying out this section $15,000,000 for 
        each of the fiscal years 2011 through 2015.
          (2) Limitation.--No assistance provided using funds 
        appropriated pursuant to this section shall be provided in the 
        form of a monetary grant.

                          PURPOSE AND SUMMARY

    H.R. 5156, the ``Clean Energy Technology Manufacturing and 
Export Assistance Act of 2010'', was introduced by Reps. Doris 
O. Matsui (D-CA), Bobby L. Rush (D-IL), John D. Dingell (D-MI), 
and Anna G. Eshoo (D-CA) on April 27, 2010. H.R. 5156 
establishes a fund administered by the International Trade 
Administration (ITA) to assist United States businesses with 
manufacturing and exporting clean energy technology products 
and services.
    The purpose of H.R. 5156 is to ensure that clean energy 
technology firms, including parts suppliers and engineering and 
design firms, have the information and assistance they need to 
be competitive domestically and globally and create jobs in the 
United States. The fund would be used to promote policies that 
reduce production costs and encourage innovation, investment, 
and productivity, as well as to implement a national clean 
energy technology export strategy.
    Under H.R. 5156, United States businesses would be given 
information, tools, and other assistance to promote clean 
energy technology manufacturing in the United States, and 
facilitate the export of clean energy technology products and 
services. The Secretary of Commerce would report to Congress 
within the first six months regarding use of funds, and after 
five years to assess the program's success in certain areas and 
whether it should be continued.

                  BACKGROUND AND NEED FOR LEGISLATION

    In 2007, the green technology industry in the United States 
generated more than 9 million jobs and revenue of about $1 
trillion, according to one estimate.\1\ On March 4, 2008, the 
AFL-CIO Executive Council stated that ``[i]nvestments must be 
used to identify, develop and capture cutting-edge technologies 
and to manufacture and build these technologies here for 
domestic use and export.''\2\
---------------------------------------------------------------------------
    \1\American Solar Energy Society and Management Information 
Service, Inc., Green Collar Jobs in the U.S. and Colorado; Economic 
Drivers for the 21st Century, viii (Jan. 2009). ASES's definition of 
the renewable energy and energy efficiency industry includes ``wind, 
photovoltaics, solar thermal, hydroelectric power, geothermal, biomass 
(ethanol, biodiesel, and biomass power), and fuel cells and hydrogen'' 
as well as energy service companies, the recycling, reuse, and 
manufacturing sector, and portions of other industries in which only a 
portion of the output is classified as within the energy efficiency 
sector. Id.
    \2\AFL-CIO, Executive Council Statement, Greening the Economy (Mar. 
4, 2008).
---------------------------------------------------------------------------
    Despite widespread recognition of the importance of exports 
for our economy, the United States is still behind many of our 
international competitors, particularly in exports of clean 
energy technology. According to the International Trade 
Administration, in 2008 United States exports of goods and 
services in the environmental technology sector amounted to 
$43.8 billion.\3\ With a non-United States market for 
environmental technology goods and services of $494 billion in 
2008, this means that the United States had less than 9% of the 
non-U.S. market.\4\ A Senate study found that in 2008 Germany 
was the largest exporter of environmental goods, accounting for 
16% of the global market.\5\ Germany was followed by China, 
with 13% of global environmental goods exports, and then by 
Japan and the United States, each with 9% of such exports.\6\
---------------------------------------------------------------------------
    \3\International Trade Administration, Environmental Technologies 
Industries, FY 2010 Industry Assessment. As the International Trade 
Administration has pointed out, and as illustrated in footnote 1 above, 
there is no standardized definition for the environmental technologies 
industry. See International Trade Administration, Environmental 
Technologies Industries, FY 2010 Industry Assessment. The ITA's 
definition of the sector does not precisely match the definition of 
clean energy technology under H.R. 5156. However, the ITA is one of the 
main sources of data available that assesses the U.S. market share in 
this area. See also Senator Ron Wyden, Major Opportunities and 
Challenges to U.S. Exports of Environmental Goods (Dec. 9, 2009) 
(noting the absence of a clear internally accepted definition of 
environmental goods and services, and pointing to the limitations of 
available data) and Senator Ron Wyden, U.S. Trade in Environmental 
Goods (May 20, 2010) (asserting that the numbers reflecting total U.S. 
exports of environmental goods are much smaller than previously 
estimated).
    \4\International Trade Administration, Environmental Technologies 
Industries, FY 2010 Industry Assessment.
    \5\Senator Ron Wyden, Major Opportunities and Challenges to U.S. 
Exports of Environmental Goods (Dec. 9, 2009).
    \6\Id.
---------------------------------------------------------------------------
    In order to increase our share of the global market for 
clean energy technology, the United States needs to increase 
and improve our manufacturing at home, and give United States 
businesses the assistance they need to enter into, or increase 
their participation in, the global export market. Only a very 
small percentage of United States companies export.\7\ Of the 
companies that do export, the majority sell only to one 
market.\8\ As the world continues to increase its use of clean 
energy technologies, the global market for such technologies 
will also increase.\9\ As the President said on March 19, 2009, 
``[W]e can make the investments that would allow us to become 
the world's leading exporter of renewable energy. . . . We can 
let the jobs of tomorrow be created abroad, or we can create 
those jobs right here in America and lay the foundation for 
lasting prosperity.''\10\
---------------------------------------------------------------------------
    \7\House Committee on Energy and Commerce, Subcommittee on 
Commerce, Trade, and Consumer Protection, Testimony of Principal Deputy 
Assistant Secretary for Manufacturing and Services Mary Saunders, 
Hearing on H.R. 4678, the ``Foreign Manufacturers Legal Accountability 
Act'' and H.R. 5156, the ``Clean Energy Technology Manufacturing and 
Export Assistance Act,'' 111th Cong. (June 16, 2010) (indicating that, 
according to The Economist, only 4% of all U.S. companies export); 
Trade Promotion Coordinating Committee, 2008 National Export Strategy, 
The New Global Main Street (Oct. 2008) (indicating that less than 1% of 
U.S. businesses export).
    \8\Trade Promotion Coordinating Committee, 2008 National Export 
Strategy, The New Global Main Street (Oct. 2008).
    \9\9 See, e.g., International Trade Administration, FY 2010 
Industry Assessment, Energy Industries (indicating that the world's 
consumption of energy is projected to increase 50% from 2005 to 2030 
and stating that this increase in consumption coupled with the impact 
of climate change will fuel the market for energy efficient services 
and technologies).
    \10\The White House, Remarks by the President at the Edison 
Electric Vehicle Technical Center (Mar. 19, 2009).
---------------------------------------------------------------------------

                          LEGISLATIVE HISTORY

    H.R. 5156, the ``Clean Energy Technology Manufacturing and 
Export Assistance Act of 2010'', was introduced by Reps. Matsui 
(D-CA), Rush (D-IL), Dingell (D-MI), and Eshoo (D-CA) on April 
27, 2010, and referred to the Committee on Foreign Affairs, 
with an additional referral to the Committee on Energy and 
Commerce. H.R. 5156 was referred to the Subcommittee on 
Commerce, Trade, and Consumer Protection on April 28, 2010, and 
the Subcommittee held a legislative hearing on June 16, 2010. 
Prior to the bill's introduction, the Subcommittee held two 
related oversight hearings on export promotion generally and 
trade in green technology.\11\
---------------------------------------------------------------------------
    \11\House Committee on Energy and Commerce, Subcommittee on 
Commerce, Trade, and Consumer Protection, Stimulating the Economy 
through Trade: Examining the Role of Export Promotion, 111th Cong. 
(Mar. 17, 2009); Committee on Energy and Commerce, Subcommittee on 
Commerce, Trade, and Consumer Protection, Growing U.S. Trade in Green 
Technology, 111th Cong. (Oct. 7, 2009).
---------------------------------------------------------------------------

                        COMMITTEE CONSIDERATION

    On June 30, 2010, the Subcommittee on Commerce, Trade, and 
Consumer Protection met in open markup session to consider H.R. 
5156. The Subcommittee forwarded H.R. 5156, amended, favorably 
to the full Committee by a voice vote. During consideration, 
the Subcommittee agreed to an amendment in the nature of a 
substitute that changed the definition of ``clean energy 
technology'', clarified the bill's original intent that the 
fund created by the bill is not a grant-making program, and 
added language concerning domestic job creation and small 
businesses.
    On July 21, 2010, the Committee on Energy and Commerce met 
in open markup session and considered H.R. 5156 as approved by 
the Subcommittee. No amendments were adopted during the 
consideration of the bill. Subsequently, the full Committee 
ordered H.R. 5156 favorably reported to the House, as amended 
by the Subcommittee, by a voice vote.

                            COMMITTEE VOTES

    Clause 3(b) of rule XIII of the Rules of the House of 
Representatives requires the Committee to list each record vote 
on the motion to report legislation and amendments thereto. A 
motion by Mr. Waxman ordering H.R. 5156 reported to the House, 
as amended, was approved by a voice vote. The following is the 
recorded vote taken during Committee consideration, including 
the names of those members voting for and against:

[GRAPHIC(S) NOT AVAILABLE IN TIFF FORMAT]

            COMMITTEE OVERSIGHT FINDINGS AND RECOMMENDATIONS

    In compliance with clause 3(c)(1) of rule XIII and clause 
2(b)(1) of rule X of the Rules of the House of Representatives, 
the Committee's oversight findings and recommendations are 
reflected in the descriptive portions of this report.

   NEW BUDGET AUTHORITY, ENTITLEMENT AUTHORITY, AND TAX EXPENDITURES

    Regarding compliance with clause 3(c)(2) of rule XIII of 
the Rules of the House of Representatives, the Committee finds 
that H.R. 5156 would result in no new budget authority, 
entitlement authority, or tax expenditures or revenues.

         STATEMENT OF GENERAL PERFORMANCE GOALS AND OBJECTIVES

    In accordance with clause 3(c)(4) of rule XIII of the Rules 
of the House of Representatives, the Committee's performance 
goals and objectives are reflected in the descriptive portions 
of this report.

                   CONSTITUTIONAL AUTHORITY STATEMENT

    Pursuant to clause 3(d)(1) of rule XIII of the Rules of the 
House of Representatives, the Committee finds that the 
constitutional authority for H.R. 5156 is provided under 
Article I, section 8, clauses 3 and 18 of the Constitution of 
the United States.

                  EARMARKS AND TAX AND TARIFF BENEFITS

    H.R. 5156 does not contain any congressional earmarks, 
limited tax benefits, or limited tariff benefits as defined in 
clause 9(d), 9(e), or 9(f) of rule XXI of the Rules of the 
House of Representatives.

                  FEDERAL ADVISORY COMMITTEE STATEMENT

    The Committee finds that the legislation does not establish 
or authorize the establishment of an advisory committee within 
the definition of 5 U.S.C. App., section 5(b).

             APPLICABILITY OF LAW TO THE LEGISLATIVE BRANCH

    Section 102(b)(3) of Public Law 104-1 requires a 
description of the application of this bill to the legislative 
branch where the bill relates to terms and conditions of 
employment or access to public services and accommodations. 
This bill does not relate to employment or access to public 
services and accommodations.

                       FEDERAL MANDATES STATEMENT

    Section 423 of the Congressional Budget and Impoundment 
Control Act (as amended by Section 101(a)(2) of the Unfunded 
Mandates Reform Act, P.L. 104-4) requires a statement whether 
the provisions of the reported bill include unfunded mandates. 
In compliance with this requirement the Committee adopts as its 
own the estimates on H.R. 5156 prepared by the Congressional 
Budget Office and included herein.

                        COMMITTEE COST ESTIMATE

    Regarding compliance with clause 3(d)(2) of rule XIII of 
the Rules of the House of Representatives requiring an estimate 
and a comparison by the Committee of the costs that would be 
incurred in carrying out H.R. 5156, the Committee adopts as its 
own the cost estimate on H.R. 5156 prepared by the Director of 
the Congressional Budget Office under section 402 of the 
Congressional Budget Act.

               CONGRESSIONAL BUDGET OFFICE COST ESTIMATE

    With respect to the requirements of clause 3(c)(3) of rule 
XIII of the Rules of the House of Representatives and section 
402 of the Congressional Budget Act of 1974, the Committee has 
received the following cost estimate for H.R. 5156 from the 
Director of the Congressional Budget Office:

                                                     July 27, 2010.
Hon. Henry A. Waxman,
Chairman, Committee on Energy and Commerce,
House of Representatives, Washington, DC.
    Dear Mr. Chairman: The Congressional Budget Office has 
prepared the enclosed cost estimate for H.R. 5156, the Clean 
Energy Technology Manufacturing and Export Assistance Act of 
2010.
    If you wish further details on this estimate, we will be 
pleased to provide them. The CBO staff contact is Susan Willie.
            Sincerely,
                                              Douglas W. Elmendorf.
    Enclosure.

H.R. 5156--Clean Energy Technology Manufacturing and Export Assistance 
        Act of 2010

    Summary: H.R. 5156 would establish a program at the 
International Trade Administration (ITA) to promote the 
manufacture and export of new energy technologies.
    Assuming appropriation of the authorized amounts, CBO 
estimates that implementing H.R. 5156 would cost $67 million 
over the 2011-2015 period. Enacting H.R. 5156 would not affect 
direct spending or revenues; therefore, pay-as-you-go 
procedures would not apply.
    H.R. 5156 contains no intergovernmental or private-sector 
mandates as defined in the Unfunded Mandates Reform Act (UMRA) 
and would not affect the budgets of state, local, or tribal 
governments.
    Estimated cost to the Federal Government: The estimated 
budgetary impact of H.R. 5156 is shown in the following table. 
The costs of this legislation fall within budget function 370 
(commerce and housing credit).

----------------------------------------------------------------------------------------------------------------
                                                                 By fiscal year, in millions of dollars--
                                                         -------------------------------------------------------
                                                            2011     2012     2013     2014     2015   2011-2015
----------------------------------------------------------------------------------------------------------------
                                  CHANGES IN SPENDING SUBJECT TO APPROPRIATIONAuthorization Level.....................................       15       15       15       15       15        75
Estimated Outlays.......................................        9       13       15       15       15        67
----------------------------------------------------------------------------------------------------------------

    Basis of estimate: For this estimate, CBO assumes that the 
bill will be enacted near the end of 2010, that the authorized 
amounts will be appropriated each year, and that spending will 
follow historical patterns for similar programs.
    H.R. 5156 would establish a new program to promote the 
manufacture and export of technology by U.S. companies that 
would reduce energy-related emissions and reduce the need for 
additional energy supplies or diversify the sources of energy 
used in the United States. Under the bill, the ITA would be 
authorized to provide assistance that would include helping 
domestic companies navigate foreign markets and educating 
manufacturers of such technology about the export process and 
how to tailor their activities to specific markets.
    H.R. 5156 would authorize appropriations of $15 million per 
year over the 2011-2015 period. Based on historical spending 
patterns for similar programs, CBO estimates that implementing 
the provisions of H.R. 5156 would cost $67 million over the 
2011-2015 period to provide the authorized assistance as 
authorized and to meet the bill's reporting requirements. 
Enacting H.R. 5156 would not affect direct spending or 
revenues.
    Pay-As-You-Go considerations: None.
    Intergovernmental and private-sector impact: H.R. 5156 
contains no intergovernmental or private-sector mandates as 
defined in UMRA and would not affect the budgets of state, 
local, or tribal governments.
    Estimate prepared by: Federal Costs: Susan Willie; Impact 
on State, Local, and Tribal Governments: Elizabeth Cove 
Delisle; Impact on the Private Sector: Samuel Wice.
    Estimate approved by: Theresa Gullo, Deputy Assistant 
Director for Budget Analysis.

             SECTION-BY-SECTION ANALYSIS OF THE LEGISLATION

Section 1. Short title

    This section designates the short title of this Act as the 
``Clean Energy Technology Manufacturing and Export Assistance 
Act of 2010''.

Section 2. Clean Energy Technology Manufacturing and Export Assistance 
        Fund

    For purposes of this section, ``clean energy technology'' 
is defined as a technology related to the production, use, 
transmission, storage, control, or conservation of energy that 
will contribute to a stabilization of atmospheric greenhouse 
gas concentrations through reduction, avoidance, or 
sequestration of energy-related emissions. In order to meet the 
definition, such technology also must reduce the need for 
additional energy supplies by using existing energy supplies 
with greater efficiency or by transmitting, distributing, or 
transporting energy with greater effectiveness through the 
infrastructure of the United States, or must diversify the 
sources of energy supply of the United States to strengthen 
energy security and to increase supplies with a favorable 
balance of environmental effects if the entire technology is 
considered. The term ``Secretary'' for purposes of this section 
means the Secretary of Commerce.
    Section 2 also establishes a Clean Energy Technology 
Manufacturing and Export Assistance Fund, to be administered 
through International Trade Administration (ITA) of the U.S. 
Department of Commerce. The fund is to be used to promote 
policies that will reduce production costs and encourage 
innovation, investment, and productivity in the clean energy 
technology sector, and to implement a national clean energy 
technology export strategy. It also is to be used to ensure 
that domestic clean energy technology firms, including clean 
energy technology parts suppliers and engineering and design 
firms, have the information and assistance they need to be 
competitive and create clean energy technology sector jobs in 
the United States. By helping businesses improve their 
manufacturing within the United States and understand how to 
sell their goods abroad, the Committee expects that this 
section will maintain or increase jobs within the United States 
and reduce the country's overall trade deficit, particularly 
the trade deficit in clean energy technology.
    Section 2(c) requires the Secretary, consistent with the 
National Export Initiative (E.O. 13534), to provide 
information, tools, and other assistance to United States 
businesses to promote clean energy technology manufacturing and 
facilitate the export of clean energy technology products and 
services. The assistance must include developing critical 
analysis of policies to reduce production costs and promote 
innovation, investment, and productivity in the clean energy 
technology sector; helping educate companies about how to 
tailor their activities to specific markets with respect to 
their product slate, financing, marketing, assembly, and 
logistics; helping United States companies learn about the 
export process and export opportunities; helping United States 
companies navigate foreign markets; and helping United States 
companies provide input regarding clean energy technology 
manufacturing and trade policy developments and trade 
promotion. If the United States is going to be a leader in 
clean energy technology manufacturing and exports, domestic 
businesses can use more assistance manufacturing their goods 
here and learning how to sell them abroad. The Committee 
expects that strong domestic demand and a robust manufacturing 
sector will lead to economies of scale and lower costs, which 
will then provide a strong foundation for exports.
    The section requires two reports to Congress. First, the 
Secretary of Commerce must report to Congress within six months 
of enactment as to how the provided funds will be used to focus 
on small- and medium-sized United States businesses, encourage 
the creation and maintenance of the greatest number of clean 
energy technology jobs in the United States, and encourage the 
domestic production of clean energy technology products and 
services, including materials, components, equipment, parts, 
and supplies related in any way to the product or service.
    Second, the Secretary must report to Congress by January 1, 
2015, regarding the extent to which the program established 
under this section has been successful in certain matters, and 
whether the program should be continued.
    Finally, this section authorizes $15 million a year for 
five years for the Secretary of Commerce to implement this 
section. It makes clear that no assistance provided using any 
funds appropriated pursuant to the section shall be provided in 
the form of a monetary grant. The Committee is aware that ITA 
currently has programs that address clean energy technology, 
both directly and indirectly. It is the intention of the 
Committee that the funds be used for activities above and 
beyond those in which ITA is already engaged.

         CHANGES IN EXISTING LAW MADE BY THE BILL, AS REPORTED

    H.R. 5156, as reported, does not make any changes in 
existing law.

                            DISSENTING VIEWS

    We, the undersigned Members of the Committee on Energy and 
Commerce, oppose the passage of H.R. 5156, the Clean Energy 
Technology Manufacturing and Export Assistance Act of 2010, and 
submit the following comments to express our concerns regarding 
this legislation.
    H.R. 5156 would create a five year, $75 million assistance 
fund within the Department of Commerce International Trade 
Administration (ITA). This fund is unnecessary, as the ITA 
already has the authority to initiate such a program and ample 
funds to do so, as the President's fiscal year 2011 budget 
requested an increase of 20 percent, up to $534 million.
    During the Committee on Energy and Commerce Full Committee 
markup held on July 21, 2010, Mr. Griffith offered a deficit 
neutrality amendment, but the amendment failed 30-15. The 
amendment would have prevented the bill from taking effect if 
it would have a negative net effect on the national budget 
deficit. The amendment was a simple way to ensure that the 
legislation was deficit neutral. The federal budget deficit was 
$1.4 trillion in FY 2010. Congress needs to address runaway 
spending, and the $75 million assistance fund is a good place 
to start.
    If we truly want to help U.S. businesses export their 
goods, we can easily do so by passing the free trade agreements 
that we have reached with Panama, Colombia, and South Korea. 
Recent studies estimate that exports of agricultural and 
manufacturing goods would increase by billions of dollars a 
year after the implementation of these free trade agreements--a 
much bigger boost to exports than would be achieved with an 
additional dollop of funds for ITA, and at a lower cost to the 
U.S. Treasury.

                                   Joe Barton.
                                   Ralph M. Hall.
                                   Joseph R. Pitts.
                                   John Sullivan.
                                   Robert E. Latta.
                                   Roy Blunt.
                                   Cliff Stearns.
                                   John Shimkus.
                                   Phil Gingrey.