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[House Report 112-668]
[From the U.S. Government Publishing Office]

112th Congress                                                   Report
                        HOUSE OF REPRESENTATIVES
 2d Session                                                     112-668

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 PROVIDING FOR CONSIDERATION OF THE BILL (H.R. 6213) TO LIMIT FURTHER 
  TAXPAYER EXPOSURE FROM THE LOAN GUARANTEE PROGRAM ESTABLISHED UNDER 
    TITLE XVII OF THE ENERGY POLICY ACT OF 2005, AND PROVIDING FOR 
             CONSIDERATION OF MOTIONS TO SUSPEND THE RULES

                                _______
                                

 September 12, 2012.--Referred to the House Calendar and ordered to be 
                                printed

                                _______
                                

              Mr. Sessions, from the Committee on Rules, 
                        submitted the following

                              R E P O R T

                       [To accompany H. Res. 779]

    The Committee on Rules, having had under consideration 
House Resolution 779, by a record vote of 8 to 3, report the 
same to the House with the recommendation that the resolution 
be adopted.

                SUMMARY OF PROVISIONS OF THE RESOLUTION

    The resolution provides for consideration of H.R. 6213, the 
No More Solyndras Act, under a structured rule. The resolution 
provides 90 minutes of general debate equally divided and 
controlled by the chair and ranking minority member of the 
Committee on Energy and Commerce. The resolution waives all 
points of order against consideration of the bill. The 
resolution makes in order as original text for purpose of 
amendment an amendment in the nature of a substitute consisting 
of the text of Rules Committee Print 112-31 and provides that 
it shall be considered as read. The resolution waives all 
points of order against the amendment in the nature of a 
substitute. The resolution makes in order only those amendments 
printed in this report. Each such amendment may be offered only 
in the order printed in this report, may be offered only by a 
Member designated in this report, shall be considered as read, 
shall be debatable for the time specified in this report 
equally divided and controlled by the proponent and an 
opponent, shall not be subject to amendment, and shall not be 
subject to a demand for division of the question. The 
resolution waives all points of order against the amendments 
printed in this report. The resolution provides one motion to 
recommit with or without instructions.
    Section 2 of the resolution authorizes the Speaker to 
entertain motions to suspend the rules at any time on the 
legislative days of September 20, 2012 and September 21, 2012.

                         EXPLANATION OF WAIVERS

    Although the rule waives all points of order against 
consideration of the bill, the Committee is not aware of any 
points of order. The waiver is prophylactic in nature.
    Although the resolution waives all points of order against 
the amendment in the nature of a substitute made in order as 
original text, the Committee is not aware of any points of 
order. The waiver is prophylactic in nature.
    Although the resolution waives all points of order against 
the amendments printed in this report, the Committee is not 
aware of any points of order. The waiver is prophylactic in 
nature.

                            COMMITTEE VOTES

    The results of each record vote on an amendment or motion 
to report, together with the names of those voting for and 
against, are printed below:

Rules Committee record vote No. 351

    Motion by Mr. Hastings of Florida to report an open rule. 
Defeated: 3-8.

----------------------------------------------------------------------------------------------------------------
                Majority Members                      Vote               Minority Members               Vote
----------------------------------------------------------------------------------------------------------------
Mr. Sessions....................................          Nay   Ms. Slaughter.....................          Yea
Ms. Foxx........................................          Nay   Mr. McGovern......................          Yea
Mr. Bishop of Utah..............................          Nay   Mr. Hastings of Florida...........          Yea
Mr. Woodall.....................................          Nay
Mr. Nugent......................................          Nay
Mr. Scott of South Carolina.....................          Nay
Mr. Webster.....................................          Nay
Mr. Dreier, Chairman............................          Nay
----------------------------------------------------------------------------------------------------------------

Rules Committee record vote No. 352

    Motion by Mr. Sessions to report the rule. Adopted: 8-3.

----------------------------------------------------------------------------------------------------------------
                Majority Members                      Vote               Minority Members               Vote
----------------------------------------------------------------------------------------------------------------
Mr. Sessions....................................          Yea   Ms. Slaughter.....................          Nay
Ms. Foxx........................................          Yea   Mr. McGovern......................          Nay
Mr. Bishop of Utah..............................          Yea   Mr. Hastings of Florida...........          Nay
Mr. Woodall.....................................          Yea
Mr. Nugent......................................          Yea
Mr. Scott of South Carolina.....................          Yea
Mr. Webster.....................................          Yea
Mr. Dreier, Chairman............................          Yea
----------------------------------------------------------------------------------------------------------------

                SUMMARY OF THE AMENDMENTS MADE IN ORDER

    1. DeGette (CO): Would make changes to the findings section 
of the bill. (10 minutes)
    2. Waxman (CA): Would strike the subsection preventing DOE 
from issuing a new loan guarantee for applications submitted 
after December 31, 2011. (10 minutes)

                    TEXT OF AMENDMENTS MADE IN ORDER

1. An Amendment To Be Offered by Representative DeGette of Colorado or 
                 Her Designee, Debatable for 10 Minutes

  Page 2, after line 21, insert the following new paragraph:
          (6) The Department of Energy estimates that projects 
        funded under the title XVII program are expected to 
        create 60,000 jobs.
  Page 3, lines 13 through 21, amend paragraph (9) to read as 
follows:
          (9) An investigation by the Subcommittee on Oversight 
        and Investigation of the Committee on Energy and 
        Commerce of the House of Representatives determined 
        that the Solyndra loan determination was based on the 
        best professional judgment of career Department of 
        Energy and Office of Management and Budget officials, 
        without political or ideological interference from 
        Obama Administration political appointees or career 
        officials.
  Page 3, lines 22 through 24, strike ``Despite an express'' 
and all that follows through ``financial interest,'' and insert 
``Title XVII provides that taxpayer interests cannot be 
subordinated in the origination of a loan, but does not state 
whether subordination is allowed during restructuring of a 
loan. The Department of Energy General Counsel determined that 
in such cases subordination was allowed under the law, and''.
  Page 4, after line 14, insert the following new paragraph:
          (12) Department of the Treasury officials testified 
        before the Subcommittee on Energy and Power of the 
        Committee on Energy and Commerce of the House of 
        Representatives on October 14, 2011, and stated that 
        their consultation on the Solyndra loan guarantee was 
        not rushed. In interviews conducted by the Subcommittee 
        on Oversight and Investigation of the Committee on 
        Energy and Commerce of the House of Representatives, 
        Office of Management and Budget officials indicated 
        that their review of the Solyndra loan, and the review 
        of Department of Energy officials, was thorough, 
        complete, and fair, and based on reasonable economic 
        assumptions about the company's future.
  Page 5, line 12, insert ``This report found that the 
portfolio of projects under title XVII was strong, performing 
within the risk confines established by the Congress, and would 
cost the Government $2,000,000,000 less than initially 
expected.'' after ``generally invest in.''.
                              ----------                              

2. An Amendment To Be Offered by Representative Waxman of California or 
                 His Designee, Debatable for 10 Minutes

  Page 5, line 23, through page 6, line 2, strike subsection 
(a) (and redesignate the subsequent subsections accordingly).

                                  
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