Energy and Water Development and Related Agencies Appropriations Act, 2019

Floor Speech

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Mr. GOSAR. Mr. Chairman, the ARPA-E program first began receiving funding through the 2009 Obama stimulus and is currently unauthorized.

ARPA-E grew out of those years' overly optimistic perception of the Federal Government's ability to lead in areas of commercially viable energy research and technology, particularly in renewables.

The obvious problem with this premise is that the government, unlike our Nation's industries and corporations, has never been in the business of cost-benefit maximization, as other blunders from that period, like the Solyndra scandal, demonstrated.

This is because the Federal Government is competent and accomplished in the areas of basic, early-stage scientific research but poorly positioned to move research from concept to market. And ARPA-E provides even further demonstration of that. The Subcommittee on Energy and Water Development and Related Agencies defunded the program in their FY18 draft passed bill.

The administration and the Republican Study Committee have both advocated eliminating this stimulus-era program and have continually indicated that the proper role of government in energy research is at the level of basic research taking place in existent, well-funded programs like the Office of Science and the applied energy research and development program.

Those DOE programs that they point to are more worthy recipients of Federal dollars, are effective, and produce results because they focus on the right goals.

For this reason, the administration is also strongly opposed to continued funding for the ARPA-E program. The White House stated in its fiscal year 2019 budget proposal:

Appropriations for ARPA-E were only authorized through 2013 under the America COMPETES Reauthorization Act of 2010. In addition, there has been concern about the potential for ARPA-E's efforts to overlap with research and development being carried out, or which should be carried out, by the private sector.

No new appropriations are requested in 2019. The Department would request reprogramming of prior-year unobligated balances for program closeout activities to ensure full closure of ARPA-E by mid-2020. Any remaining contract closeout and award monitoring activities would be transferred elsewhere within DOE.

This proposed elimination reflects both a streamlining of Federal activities and a refocusing on the proper Federal role in energy research and development.

In a May 15 view letter to House Appropriations on the Energy and Water bill, the White House stated: ``The Administration is disappointed that the bill does not eliminate ARPA-E. The Committee is encouraged to explore options to incorporate certain ARPA-E attributes, such as cross-cutting research coordination and enhanced flexibility, into the Department of Energy's primary research efforts within the Office of Science and Applied Energy Research Programs rather than maintain a separate program through ARPA-E.''

In a June 5 Statement of Administration Policy, the White House stated: ``The Administration believes that the continued funding of ARPA-E makes little strategic sense given the existence of applied energy research elsewhere within the Department. The Congress is urged to eliminate ARPA-E and incorporate its more successful elements, such as coordination with industry and cross-cutting research, into the Department's applied energy programs.''

The innovations ARPA-E supporters crow about must come from the market or from academic research institutions, because the Federal Government's track record of responding to commercial incentives in a cost-beneficial way to the taxpayer is absolutely poor.

The proper Federal nexus for research is the early-stage work being done at the existing Office of Science and the applied energy research program, not projects foisted onto the government that weren't compelling enough to receive private funding.

Heritage Action, Freedomworks, Club for Growth, and the National Taxpayers Union are key-voting this amendment. The amendment is also endorsed by the Americans for Limited Government and Taxpayers for Common Sense.

I urge adoption of this amendment that supports President Trump's agenda.

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Mr. GOSAR. Mr. Chairman, any program that receives this much funding has individual successes proponents can point to. The problem with this program is that the ratio of successes to the failures is far lower with this one than comparable Federal research programs.

It also targets an area of research that is inappropriate for Federal research. Basic early-stage research is a profit avenue for Federal dollars to go, not late-stage research on projects approaching commercialization. If a concept or technology is nearing commercialization, that is the right nexus for private industry to get involved.

Our country's major companies in tech, engineering, and energy are flush with cash, and projects that they think are commercially viable are getting more funding than ever before. Failure by the government to salvage a project means that the projects, on the whole, aren't worth being salvaged by government, industry, or anyone.

Mr. Chair,

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Mr. GOSAR. Mr. Chairman, once again, this is an unauthorized program and it treads on existing jurisdictions at the Department of Energy, specifically, the Office of Science and Applied Energy Research program. It is a program in search of justification.

Let's take, for example, Solyndra. That is a wonderful success. Really? Private sector couldn't do that? They could do it a ton better than that type of application.

I ask my colleagues to vote for this amendment. This is sound.

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

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Mr. GOSAR. Mr. Chair, I demand a recorded vote.
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Mr. GOSAR. Mr. Chair, I rise today to offer an amendment that utilizes the Holman rule to hold WAPA Administrator Mark Gabriel accountable.

On Gabriel's watch, millions of taxpayer and customer dollars were flushed down the drain on fraudulent and improper transactions while a culture of fear from the highest echelons of the agency enforced silence as to the true nature and scope of these misdeeds.

Wasteful and fraudulent expenditures by WAPA in recent years include things like ammunition; specialized weapons, including numerous purchases of $1,200 rifle scopes; an unauthorized ATV at a cost of $14,000; a John Deere lawn tractor; personal clothing; prohibited purchases of $349,000 to accessorize personal cars; $271,000 at book stores; $102,000 to deck out motorcycles from shops and dealers; and questionable expenditures from one employee to the tune of $50,000 per month.

Now, in response, the Western Area Power Administration slow-walked investigations, covered up the fraud, and intimidated anyone bold enough to call it out.

A 14-year Federal employee who once worked for the U.S. Attorney's Office told reporters: ``Instead of aggressively going after corruption, WAPA's bosses slow-walked the investigation, retaliated against those who uncovered fraud, and failed to protect them from threats.''

Unfortunately, this employee is not alone. A former WAPA vice president for procurement went on record to state that, during his 30 years of Federal service, he had never seen anything like this and certainly had never felt unsafe at work until he worked at WAPA on a daily basis.

Disturbingly, 20 complaints of violence in the workplace occurred over the last 3-year period. The mismanagement, corruption, and culture is so bad at WAPA that an independent consultant did a violence assessment in late 2015 and found: ``Multiple employees reported having been threatened directly or heard others being threatened regarding the current investigations. . . . Several indicated they had not bothered to report the incidents for reasons of fear and/or the belief upper management would not act. Because of past failures to address these issues more seriously, it is very likely the incidents will increase in number and severity.''

Assessors also reported: ``Employees mentioned bosses who actively seek to intimidate employees, especially women, and who tolerate and perhaps promote a culture of unacceptable behavior in their teams.''

Equally troubling, Administrator Gabriel is routinely and publicly insubordinate as an agency head. At an April 12, 2018, budget hearing, Mr. Gabriel took a public position contrary to that of the current administration, advocating for tip funding even though the budget proposal proposed to eliminate such funding.

This commonsense amendment seeks to hold this rogue bureaucrat accountable to the American people and the victims who have suffered under his tenure.

I am pleased to have the support of FreedomWorks, who is key voting this amendment; Club for Growth, who is key voting the amendment; the Tea Party Patriots; Americans for Limited Government; Texas' Michael Q. Sullivan; the Grand Canyon State Electric Cooperative Association; the Mohave Electric Cooperative; the Sulphur Springs Valley Electric Cooperative; Arizona Pork Producers; New Mexico Cattle Growers Association; New Mexico Wool Growers; Sulphur Up North Jobs, Incorporated.

Numerous customers and Federal employees no longer want Mr. Gabriel in charge, having understandably lost faith in his leadership. It is far past time that the Department of Energy clean house and show this Obama administration holdover the door.

Mr. Chair, I commend the chairman and the committee for their efforts on this legislation. I urge support of the amendment, and I reserve the balance of my time.

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Mr. GOSAR. Mr. Chair, may I inquire how much time I have left.

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Mr. GOSAR. Mr. Chairman, the current application of the Holman rule authorizes three specific uses in an appropriation bill: the reduction of amounts of money in the bill, the reduction of the number and salary of officers of the United States, or the reduction of the compensation of any person paid out in the treasury of the United States.

Let's go back through this. Look at this fraud. Look at these 20 complaints of violence.

I have to tell you: Are you sure you want to defend this guy? Inconceivable. Inconceivable that we are going to allow this. We owe it to the Federal employees under this gentleman to have an employment environment to be well taken care of.

Mr. Chair, I ask for the Members to vote on behalf of this amendment, and I yield back the balance of my time.

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Mr. GOSAR. Yes.

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Mr. GOSAR. Will the gentlewoman yield?

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Mr. GOSAR. Mr. Chair, this isn't a jurisdictional aspect of power across the West. This is fraud. This is workplace violence--20. This has nothing to do with jurisdictional application of water or power. This is an unsafe application within the workplace. This is a bully in an agency who is weighing in and doing unwanted things.

We have an obligation, an absolute obligation, to rein somebody in like this. That is what is wrong here. If we can't do this to a swamp creature of this magnitude, then what can we do.

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Mr. GOSAR. Mr. Chair, I demand a recorded vote.

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Mr. GOSAR. Mr. Chairman, I rise in opposition to the amendment.

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Mr. GOSAR. Mr. Chairman, on July 19, 2010, President Obama signed Executive Order 13547 and sought to implement a new National Ocean Policy. According to the House Committee on Natural Resources: ``In this unilateral action, he established a top-down Washington, D.C.- based approval process that will hinder rather than promote ocean and inland activities and cost American jobs. . . . This has the potential to inflict damage across a spectrum of sectors, including agriculture, fishing, construction, manufacturing, mining, oil and natural gas, renewable energy, and marine commerce, among others. . . . Over 80 national and local organizations representing agriculture, forestry, energy, fishing, boating, mining, transportation, and construction wrote to then Appropriations Committee Chairman Hal Rogers requesting a prohibition on funding for the implementation of the President's National Ocean Policy.''

Our oceans are home to a variety of industries, and it is critical that we maintain our offshore environments and promote a robust offshore economy. The National Ocean Policy represents the previous administration's heavyhanded, top-down approach to Federal land and water management and does not reflect the realities of our working oceans and coastal communities.

Our offshore assets contribute billions to the U.S. economy, and the National Ocean Policy's vague directive sharply discouraged the development of American energy, sustainable fisheries, and our coastal economies. Policies like this cause industries to turn outside of the U.S. to do their business.

Adding duplicative layers of permitting and consultation to our already highly regulated ocean industries and subject all parties to virtually unlimited legal exposure, we are seeing this firsthand in the Northeast, where direct conflict in the ocean user groups has resulted in litigation. This is the exact thing that this policy is supposed to alleviate. Years into implementation, this policy is incapable of achieving its stated goal.

U.S. oceans industries are major global players, and we need to keep our industries competitive. The National Ocean Policy does the opposite. As such, I strongly oppose this amendment.

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Mr. GOSAR. Mr. Chairman, I yield 1 minute to the gentleman from Washington (Mr. Newhouse).

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Mr. GOSAR. Mr. Chairman, I yield 30 seconds to the gentleman from Idaho (Mr. Simpson).

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Mr. GOSAR. Mr. Chairman, I ask for a ``no'' vote, and I yield back the balance of my time.

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