No More Solyndras Act

Bill: 112-hr-6213
Sponsor: Rep. Upton, Fred [R-MI-6]
Introduced: 2012-07-26 in the House
Policy area: Energy
Subjects: Administrative law and regulatory procedures
Alternative and renewable resources
Civil actions and liability
Competitiveness, trade promotion, trade deficits
Congressional oversight
Department of Energy
Department of the Treasury
Electric power generation and transmission
Energy prices
Energy research
Environmental technology
Federal officials
Government employee pay, benefits, personnel management
Government ethics and transparency, public corruption
Government lending and loan guarantees
Manufacturing
Motor fuels
Research administration and funding
Research and development

Summary:
action_date: 2012-07-26
text: 
No More Solyndras Act - 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 unless the Secretary of the Treasury reviews the proposed guarantee and makes a written recommendation to the Secretary of Energy (Secretary) on the merits.
 
Requires the Secretary to report to specified congressional committees within 60 days after making any loan guarantee on a pending application.
 
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. Prohibits the Secretary from subordinating the interests of the U.S. government to any other financing for the project.
 
Declares that any federal official responsible for the issuance of an innovative energy project loan guarantee in a manner that violates the requirements of title XVII of the Energy Policy Act of 2005 or of this Act shall be subject to appropriate administrative discipline including, when circumstances warrant, suspension from duty without pay or removal from office.

action_date: 2012-09-10
text: 
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.
 

 

action_date: 2012-09-14
text: 
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.
 

 


Legislative actions:
action_date: 2012-09-19
text: Received in the Senate and Read twice and referred to the Committee on Energy and Natural Resources.
action_date: 2012-09-14
text: Motion to reconsider laid on the table Agreed to without objection.
action_date: 2012-09-14
text: On passage Passed by recorded vote: 245 - 161 (Roll no. 584).
action_date: 2012-09-14
text: Passed/agreed to in House: On passage Passed by recorded vote: 245 - 161 (Roll no. 584).
action_date: 2012-09-14
text: On motion to recommit with instructions Failed by recorded vote: 175 - 234 (Roll no. 583).
action_date: 2012-09-14
text: The previous question on the motion to recommit with instructions was ordered without objection. (consideration: CR H6023)
action_date: 2012-09-14
text: 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.
action_date: 2012-09-14
text: Mr. Markey moved to recommit with instructions to Energy and Commerce. (consideration: CR H6022-6024; text: CR H6022)
action_date: 2012-09-14
text: 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)
action_date: 2012-09-14
text: The previous question was ordered pursuant to the rule. (consideration: CR H6022)
action_date: 2012-09-14
text: The House rose from the Committee of the Whole House on the state of the Union to report H.R. 6213.
action_date: 2012-09-14
text: 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.
action_date: 2012-09-14
text: 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.
action_date: 2012-09-14
text: 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.
action_date: 2012-09-14
text: 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.
action_date: 2012-09-14
text: GENERAL DEBATE - The Committee of the Whole resumed its sitting and continued with general debate on H.R. 6213.
action_date: 2012-09-14
text: The Committee of the Whole rose informally to receive a message from the Senate.
action_date: 2012-09-14
text: GENERAL DEBATE - The Committee of the Whole proceeded with 90 minutes of general debate on H.R. 6213.
action_date: 2012-09-14
text: House resolved itself into the Committee of the Whole House on the state of the Union pursuant to H. Res. 779 and Rule XVIII.
action_date: 2012-09-14
text: The Speaker designated the Honorable Rob Bishop to act as Chairman of the Committee.
action_date: 2012-09-14
text: Rule provides for consideration of H.R. 6213 with 1 hour and 30 minutes of general debate. Previous question shall be considered as ordered without intervening motions except motion to recommit with or without instructions. Measure will be considered read. Specified amendments are in order. All points of order against consideration of the bill are waived. The resolution makes in order as original text for the purpose of amendment an amendment in the nature of a substitute consisting of the text of Rules Committee Print 112-31. 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.
action_date: 2012-09-14
text: Considered under the provisions of rule H. Res. 779. (consideration: CR H6004-6012, H6012-6024)
action_date: 2012-09-13
text: Rule H. Res. 779 passed House.
action_date: 2012-09-12
text: Rules Committee Resolution H. Res. 779 Reported to House. Rule provides for consideration of H.R. 6213 with 1 hour and 30 minutes of general debate. Previous question shall be considered as ordered without intervening motions except motion to recommit with or without instructions. Measure will be considered read. Specified amendments are in order. All points of order against consideration of the bill are waived. The resolution makes in order as original text for the purpose of amendment an amendment in the nature of a substitute consisting of the text of Rules Committee Print 112-31. 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.
action_date: 2012-09-10
text: Placed on the Union Calendar, Calendar No. 470.
action_date: 2012-09-10
text: Committee on Science, Space, and Technology discharged.
action_date: 2012-09-10
text: Committee on Science, Space, and Technology discharged.
action_date: 2012-09-10
text: Reported (Amended) by the Committee on Energy and Commerce. H. Rept. 112-652, Part I.
action_date: 2012-09-10
text: Reported (Amended) by the Committee on Energy and Commerce. H. Rept. 112-652, Part I.
action_date: 2012-07-27
text: Referred to the Subcommittee on Energy and Power.
action_date: 2012-07-26
text: Referred to the Committee on Energy and Commerce, and in addition to the Committee on Science, Space, and Technology, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned.
action_date: 2012-07-26
text: Referred to the Committee on Energy and Commerce, and in addition to the Committee on Science, Space, and Technology, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned.
action_date: 2012-07-26
text: Introduced in House
action_date: 2012-07-26
text: Introduced in House