June 11, 2024
🌮 Happy Tuesday! We're taking our annual dive into what the defense bill means for our issues.
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⭕️ Today's last song is from Rapidan Energy's Glenn Schwartz, a fellow Phan: "Ocelot" by Phish.
1 big thing: NDAA energy items to watch
Illustration: Sarah Grillo/Axios
Debate about permitting for semiconductor projects and advanced nuclear legislation is likely to return as lawmakers start on this year's defense bill, Nick writes.
Why it matters: The NDAA will be fertile ground for riders as one of the few remaining must-pass bills. It could also carry provisions worth watching for the battery and mining industries.
- The House plans to vote this week on its version, while the Senate starts closed-door committee markups.
Here's what we're watching …
💻 1. CHIPS fight returns: Legislation to create NEPA exclusions for CHIPS Act-funded projects will again be in the mix. Proponents have worried that permitting might hold up financing key to President Biden's energy, tech and national security ambitions.
- Rep. Jen Kiggans and others proposed it as an amendment in the House (the Rules Committee is still determining which ones will make it to the floor).
- Sen. Mark Kelly told Nick he and Ted Cruz may take another crack at it: "Certainly there is an intersection between the CHIPS NEPA reform and our national security, so that's something we'll be looking at."
🚲 2. More riders: If the Senate can't move the ADVANCE Act by unanimous consent, expect it to show up in the NDAA.
- We may also see an attempt to reauthorize CFATS, the chemical safety program that's been lapsed for nearly a year. A bipartisan House group has proposed that as an amendment.
🔋 3. Battery focus: Watch for measures to bolster U.S. domestic production of batteries and their component minerals.
- The House base text would require the Defense Department to start sourcing lithium-ion batteries from the U.S. and allied nations — with minimal materials and without technology licensed from so-called foreign entities of concern.
- The committee report, meanwhile, asks for "a plan for onshoring" the graphite supplies needed for those batteries.
- Altogether, it's an attempt to shut dominant Chinese battery suppliers out of Pentagon supply chains and bolster the Biden administration's efforts to onshore them via the Defense Production Act.
🌎 4. Climate disclosure rehash: The House bill would revive a running fight about climate emissions disclosures.
- It would extend for five years a provision from last year's bill blocking emissions disclosure requirements for DOD contractors.
- Dems are hoping to get it struck from the bill, though they're unlikely to succeed on the floor.
What we're watching: Other items are in the mix, like a GOP attempt to block the LNG export permits pause and dozens of proposed amendments on advanced nuclear tech.
- T&I Committee leaders are also trying to attach the Coast Guard authorization, which contains a controversial offshore energy crewing provision.
2. What (else) we're watching: FERC noms, ESG and more
Photo illustration: Shoshana Gordon/Axios. Photo: Beata Zawrzel/NurPhoto via Getty Images
⚡️ 1. FERCing finally: The FERC noms are hitting the floor this week for likely confirmation, starting with a procedural vote on David Rosner tonight.
🔋 2. Another battery note: House Select Committee on the CCP Chair John Moolenaar and other Republicans are asking DHS to blacklist Chinese battery companies Gotion High Tech and CATL under the Uyghur Forced Labor Prevention Act.
🗣️ 3. Ceres defense: A House Judiciary subcommittee is bringing in Ceres CEO Mindy Lubber to testify tomorrow after Republicans subpoenaed the group over alleged anti-trust violations in its ESG work.
- In her testimony, Lubber will say Ceres has "nothing to hide."
- "While Ceres may offer insight that they consider valuable, each investor acts separately and in the best interests of their shareholders, beneficiaries, and clients," her testimony says.
⛏️ 4. Minerals madness: A House E&C subcommittee will hear from industry witnesses Thursday on domestic mining and the minerals used in batteries, semiconductors and other high-tech applications.
- Meanwhile, a Senate HELP subcommittee will hear from Lithium Americas Corp. tomorrow on industry workforce issues.
👀 5. BLM fireworks: Senate ENR has a hearing with BLM director Tracy Stone-Manning on Thursday morning. Expect fireworks on the agency's oil and gas leasing rule.
☀️ 6. It begins: The International Trade Commission voted to move forward with an investigation requested by solar manufacturers into alleged unfair subsidies in Southeast Asia.
✅ Thank you for reading Axios Pro Policy, and thanks to editors Chuck McCutcheon and David Nather and copy editor Amy Stern.
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