19–008 

112TH CONGRESS REPORT " ! HOUSE OF REPRESENTATIVES 2d Session 112–668 

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. 


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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: 


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(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). 

Æ 


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