To limit further taxpayer exposure from the loan guarantee program established under title XVII of the Energy Policy Act of 2005.
No More Solyndras Act - (Sec. 3) Prohibits the Secretary of Energy (DOE) from issuing any new loan guarantee of an innovative energy project under title XVII (Incentives for Innovative Technologies) of the Energy Policy Act of 2005 for any application submitted to DOE after December 31, 2011.
Prohibits a loan guarantee for any application pending before that date until the Secretary of the Treasury furnishes, within 30 days after receiving the guarantee proposal from DOE, a written analysis of the its financial terms and conditions. Requires DOE, before making such a guarantee, to take the written analysis into consideration.
Requires DOE also, if it makes a guarantee inconsistent with that written analysis, to give certain congressional committees, within 30 days after making the guarantee, a written explanation of any material inconsistencies.
Requires DOE, within 60 days after making a loan guarantee on a pending application, to report to specified congressional committees on: (1) the review and decisionmaking process used in making the guarantee; (2) the terms of the guarantee; and (3) the recipient, the technology, and project for which the loan guarantee will be used.
(Sec. 4) Directs the Secretary to consult with the Secretary of the Treasury regarding any restructuring of the terms and conditions of an innovative energy project loan guarantee, including any deviations from the financial terms of the guarantee.
(Sec. 5) Revises the condition on the loan guarantee that the obligation shall not be subordinate to any other financing for the project. Prohibits likewise subordination to other financing of any reorganization, restructuring, or termination of the obligation.
(Sec. 6) Subjects to certain administrative actions and civil penalties any federal official responsible for the issuance of an innovative energy project loan guarantee in violation of either the requirements of this Act or of title XVII of the Energy Policy Act of 2005. Specifies such sanctions as: (1) administrative discipline including, when circumstances warrant, suspension from duty without pay or removal from office; and (2) personal liability for a civil penalty of between $10,000 and $50,000 for each violation.
(Sec. 7) Directs the Comptroller General to study federal subsidies in energy markets from FY2003-FY2012, with particular focus upon subsidies supporting: (1) electricity production, transmission, and consumption; (2) transportation fuels and infrastructure; (3) energy-related research and development; and (4) facilities that manufacture energy-related components.
Requires the report to Congress on such study to identify and quantify: (1) costs to the U.S. Treasury; (2) impacts on U.S. energy security, electricity and transportation fuel prices, and private energy-related industries not benefitting from federal subsidies in energy markets; (3) federal subsidies in energy markets provided to foreign persons or corporations; and (4) subsidies and direct financial interest any of the 15 foreign countries with the largest gross domestic product (GDP) are providing to support energy markets in their respective countries.
Motion to reconsider laid on the table Agreed to without objection.
The Speaker designated the Honorable Rob Bishop to act as Chairman of the Committee.
House resolved itself into the Committee of the Whole House on the state of the Union pursuant to H. Res. 779 and Rule XVIII.
GENERAL DEBATE - The Committee of the Whole proceeded with 90 minutes of general debate on H.R. 6213.
The Committee of the Whole rose informally to receive a message from the Senate.
GENERAL DEBATE - The Committee of the Whole resumed its sitting and continued with general debate on H.R. 6213.
DEBATE - Pursuant to the provisions of H. Res. 779, the Committee of the Whole proceeded with 10 minutes of debate on the DeGette amendment No. 1.
POSTPONED PROCEEDINGS - At the conclusion of debate on the DeGette amendment No. 1, the Chair put the question on adoption of the amendment, and by voice vote announced that the ayes had prevailed. Mr. Stearns demanded a recorded vote and the Chair postponed further proceedings on adoption of the amendment until a time to be announced.
DEBATE - Pursuant to the provisions of H. Res. 779, the Committee of the Whole proceeded with 10 minutes of debate on the Waxman amendment No. 2.
POSTPONED PROCEEDINGS - At the conclusion of debate on the Waxman amendment No. 2, the Chair put the question on adoption of the amendment, and by voice vote announced that the ayes had prevailed. Mr. Stearns demanded a recorded vote and the Chair postponed further proceedings on adoption of the amendment until a time to be announced.
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The House rose from the Committee of the Whole House on the state of the Union to report H.R. 6213.
The previous question was ordered pursuant to the rule. (consideration: CR H6022)
The House adopted the amendment in the nature of a substitute as agreed to by the Committee of the Whole House on the state of the Union. (text of amendment in the nature of a substitute: CR H6017-6018)
Mr. Markey moved to recommit with instructions to Energy and Commerce. (consideration: CR H6022-6024; text: CR H6022)
DEBATE - The House proceeded with 10 minutes of debate on the Markey motion to recommit with instructions. The instructions contained in the motion seek to require the bill to be reported back to the House with an amendment to add a section to the bill relating to Buy America provisions. The new section prohibits the Secretary of Energy from issuing loan guarantees for an energy project unless the applicant certifies to the Secretary that at least 75% of the materials and components used for construction, manufacturing, or operations of the project are to be produced in the United States. The motion would also make the underlying bill's prohibition against awarding new loan guarantees contingent on the extension of the Wind Energy Production Tax Credit.
The previous question on the motion to recommit with instructions was ordered without objection. (consideration: CR H6023)
On motion to recommit with instructions Failed by recorded vote: 175 - 234 (Roll no. 583).
Roll Call #583 (House)Passed/agreed to in House: On passage Passed by recorded vote: 245 - 161 (Roll no. 584).
Roll Call #584 (House)On passage Passed by recorded vote: 245 - 161 (Roll no. 584).
Roll Call #584 (House)Motion to reconsider laid on the table Agreed to without objection.
Received in the Senate and Read twice and referred to the Committee on Energy and Natural Resources.