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antee, including any deviations from the financial terms 
of the loan guarantee. 
SEC. 5. RESTATING THE PROHIBITION ON SUBORDINATION. 
Section 1702(d)(3) of the Energy Policy Act of 2005 
(42 U.S.C. 16512(d)(3)) is amended by striking ‘‘is not 
subordinate’’ and inserting ‘‘, including any reorganiza-
tion, restructuring, or termination thereof, shall not at any 
time be subordinate’’. 
SEC. 6. ADMINISTRATIVE ACTIONS AND CIVIL PENALTIES. 
(a) IN GENERAL.—Any Federal official who is re-
sponsible for the issuance of a loan guarantee under title 
XVII of the Energy Policy Act of 2005 in a manner that 
violates the requirements of such title or of this Act shall 
be— 
(1) subject to appropriate administrative dis-
cipline provided for under title 5 of the United 
States Code, or any other applicable Federal law, in-
cluding, when circumstances warrant, suspension 
from duty without pay or removal from office; and 
(2) personally liable for a civil penalty in an 
amount of at least $10,000 but not more than 
$50,000 for each violation. 
(b) DEFINITION.—For purposes of this section, the 
term ‘‘Federal official’’ means— 
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(1) an individual serving in a position in level 
I, II, III, IV, or V of the Executive Schedule, as pro-
vided in subchapter II of chapter 53 of title 5, 
United States Code; and 
(2) an individual serving in a Senior Executive 
Service position, as provided in subchapter II of 
chapter 31 of title 5, United States Code. 
SEC. 7. GAO STUDY OF FEDERAL SUBSIDIES IN ENERGY 
MARKETS. 
(a) IN GENERAL.—The Comptroller General shall 
conduct a study of the Federal subsidies in energy mar-
kets provided from fiscal year 2003 through fiscal year 
2012. 
(b) FOCUS.—The study required under subsection (a) 
shall have particular focus on Federal subsidies in energy 
markets provided in support of— 
(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. 
(c) REPORT.—Not later than 1 year after the date 
of enactment of this Act, the Comptroller General shall 
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submit to the Committee on Energy and Commerce and 
the Committee on Science, Space, and Technology of the 
House of Representatives and the Committee on Energy 
and Natural Resources of the Senate a report that de-
scribes the results of the study conducted under subsection 
(a), including an identification and quantification of— 
(1) costs to the United States Treasury; 
(2) impacts on United States energy security; 
(3) impacts on electricity prices, including any 
potential negative pricing impact on wholesale elec-
tricity markets; 
(4) impacts on transportation fuel prices; 
(5) impacts on private energy-related industries 
not benefitting from Federal subsidies in energy 
markets; 
(6) any Federal subsidies in energy markets 
that are provided to foreign persons or corporations; 
and 
(7) subsidies and direct financial interest any of 
the 15 foreign countries with the largest gross do-
mestic product are providing to support energy mar-
kets in their respective countries. 
(d) DEFINITION.—For purposes of this section, the 
term ‘‘Federal subsidies’’ means Federal grants, direct 
loans, loan guarantees, and tax credits, and other pro-
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grammatic activities targeted at energy markets and re-
lated sectors, relating to specific energy technologies. 
Passed the House of Representatives September 14, 
2012. 
Attest: 
KAREN L. HAAS, 
Clerk. 
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