[Congressional Record Volume 157, Number 175 (Wednesday, November 16, 2011)]
[Senate]
[Pages S7621-S7627]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
TEXT OF AMENDMENTS
SA 1018. Mr. WICKER (for himself, Mr. Boozman, and Mr. Inhofe)
submitted an amendment intended to be proposed by him to the bill H.R.
2354, making appropriations for energy and water development and
related agencies for the fiscal year ending September 30, 2012, and for
other purposes; which was ordered to lie on the table; as follows:
At the end of title VII of division B, add the following:
Sec. 7__. None of the funds made available by this Act for
fiscal year 2012 may be obligated or expended to implement or
use green building rating standards unless the standards--
(1)(A) are developed in accordance with rules accredited by
the American National Standards Institute; and
(B) are approved as American National Standards; or
(2) incorporate and document the use of lifecycle
assessment in the evaluation of building materials.
______
SA 1019. Mr. BINGAMAN submitted an amendment intended to be proposed
by him to the bill H.R. 2354, making appropriations for energy and
water development and related agencies for the fiscal year ending
September 30, 2012, and for other purposes; which was ordered to lie on
the table; as follows:
In the last proviso of the matter under the heading
``salaries and expenses'' under the heading ``Federal Energy
Regulatory Commission'' under the heading ``DEPARTMENT OF
ENERGY'' of title III, strike ``a State'' and all that
follows through the period at the end and insert ``avoided
cost determined under section 210(b) of the Public Utility
Regulatory Policies Act of 1978 (16 U.S.C. 824a-3) may differ
by technology to take into account the requirement of a State
that a utility purchase electric energy generated by
specified technologies.''.
______
SA 1020. Mr. BEGICH submitted an amendment intended to be proposed by
him to the bill H.R. 2354, making appropriations for energy and water
development and related agencies for the fiscal year ending September
30, 2012, and for other purposes; which was ordered to lie on the
table; as follows:
In title IV of division A, in the matter under the heading
``Office of the Federal Coordinator for Alaska Natural Gas
Transportation Projects'' under the heading ``INDEPENDENT
AGENCIES'', strike ``$1,000,000'' and insert ``$3,000,000''.
______
SA 1021. Mr. LEE submitted an amendment intended to be proposed by
him to the bill H.R. 2354, making appropriations for energy and water
development and related agencies for the fiscal year ending September
30, 2012, and for other purposes; which was ordered to lie on the
table; as follows:
Beginning on page 40, strike line 23 and all that follows
through page 41, line 4, and insert the following:
Naval Petroleum and Oil Shale Reserves
None of the funds appropriated or otherwise made available
by this Act shall be used to carry out naval petroleum and
oil shale reserve activities.
______
SA 1022. Mr. LEE submitted an amendment intended to be proposed by
him to the bill H.R. 2354, making appropriations for energy and water
development and related agencies for the fiscal year ending September
30, 2012, and for other purposes; which was ordered to lie on the
table; as follows:
[[Page S7622]]
Beginning on page 39, strike line 21 and all that follows
through page 40, line 22, and insert the following:
Fossil Energy Research and Development
(including rescission)
None of the funds appropriated or otherwise made available
by this Act shall be used to carry out fossil energy research
and development activities under the authority of the
Department of Energy Organization Act (42 U.S.C. 7101 et
seq.): Provided, That of prior-year balances, $187,000,000
are hereby rescinded: Provided further, That no rescission
made by the previous proviso shall apply to any amount
previously appropriated in Public Law 111-5 or designated by
Congress as an emergency requirement pursuant to a concurrent
resolution on the budget or the Balanced Budget and Emergency
Deficit Control Act of 1985 (2 U.S.C. 900 et seq.).
______
SA 1023. Mr. LEE submitted an amendment intended to be proposed by
him to the bill H.R. 2354, making appropriations for energy and water
development and related agencies for the fiscal year ending September
30, 2012, and for other purposes; which was ordered to lie on the
table; as follows:
Beginning on page 37, strike line 19 and all that follows
through page 38, line 13.
On page 42, strike lines 13 through 16.
On page 47, strike lines 1 through 5.
On page 66, between lines 2 and 3, insert the following:
Sec. 3_. None of the funds appropriated or otherwise made
available by this Act shall be used to carry out--
(1) energy efficiency and renewable energy activities in
carrying out the Department of Energy Organization Act (42
U.S.C. 7101 et seq.), including FreedomCAR and Fuel
Partnership programs;
(2) activities of the Energy Information Administration; or
(3) the advanced technology vehicles manufacturing
incentive program established under section 136 of the Energy
Independence and Security Act of 2007 (42 U.S.C. 17013).
______
SA 1024. Mr. TOOMEY submitted an amendment intended to be proposed by
him to the bill H.R. 2354, making appropriations for energy and water
development and related agencies for the fiscal year ending September
30, 2012, and for other purposes; which was ordered to lie on the
table; as follows:
In title III, at the end of the sections under the heading
``GENERAL PROVISIONS--DEPARTMENT OF ENERGY'', add the
following:
Sec. __. None of the funds made available by this Act may
be used to process, administer, or finalize any loan issued
under the advanced technology vehicles manufacturing
incentive program established under section 136 of the Energy
Independence and Security Act of 2007 (42 U.S.C. 17013) for
the purposes of manufacturing advanced high-strength steel.
______
SA 1025. Mr. BROWN, of Massachusetts submitted an amendment intended
to be proposed by him to the bill H.R. 2354, making appropriations for
energy and water development and related agencies for the fiscal year
ending September 30, 2012, and for other purposes; which was ordered to
lie on the table; as follows:
At the appropriate place, insert the following:
SEC. __. TRANSPARENCY IN JUDGMENT PAYMENTS.
(a) Disclosure of Payments.--Section 1304 of title 31,
United States Code, is amended by adding at the end the
following:
``(d)(1) Not later than 30 days after the payment of a
final judgment, award, or compromise settlement under this
section, the Secretary of the Treasury shall publish
electronically (including on a dedicated, publicly accessible
Web site), in a manner consistent with applicable Federal
privacy law--
``(A) the agency responsible for the payment;
``(B) a citation to the provision of law under which the
claim was made;
``(C) the amount to be paid;
``(D) the amount of any interest to be paid;
``(E) the amount of any attorney fees to be paid; and
``(F) for any case filed in a court--
``(i) the case number for the case that resulted in the
judgment, award, or settlement; and
``(ii) the court in which the case was filed.
``(2) The information published under paragraph (1) shall
contain separate sections for claims filed in court and
administrative claims.
``(3)(A) The Secretary of the Treasury shall submit to the
Committee on the Judiciary and the Committee on Homeland
Security and Governmental Affairs of the Senate and the
Committee on the Judiciary and the Committee on Oversight and
Government Reform of the House of Representatives a quarterly
report that contains--
``(i) any information published under paragraph (1) during
the preceding quarter; and
``(ii) a confidential appendix that includes, for each case
or claim described in clause (i), the identity of the
plaintiff, counsel for the plaintiff, and the defendant.
``(B) A report under subparagraph (A) shall be exempt from
disclosure under section 552 of title 5. For purposes of
section 552 of title 5, this paragraph shall be considered a
statute described in subsection (b)(3)(B) of such section
552.''.
(b) Litigation Management.--
(1) In general.--Chapter 6 of title 5, United States Code,
is amended by adding at the end the following:
``Sec. 613. Litigation management
``(a) Each agency, in consultation with the Attorney
General of the United States and consistent with applicable
Federal privacy law, shall submit to the Committee on
Homeland Security and Governmental Affairs of the Senate and
the Committee on Oversight and Government Reform of the House
of Representatives an annual report describing--
``(1) any civil action filed or pending against the agency
or any employee of the agency; and
``(2) any settlements entered by or final judgments entered
against the agency or any employee of the agency.
``(b) The report required under subsection (a) shall
include--
``(1) a summary of--
``(A) the number of civil actions filed, pending, or
settled;
``(B) the number of civil actions for which more than 36
months have passed since the date the action was filed;
``(C) the number of claims--
``(i) made under a statute or regulation; and
``(ii) alleging a violation of a statute or regulation;
``(D) the number of judgments entered for and against the
agency;
``(E) the number of settlements or consent decrees
involving the agency;
``(F) the number of judgments entered under seal;
``(G) the number of settlements or consent decrees
involving a confidentiality agreement or order;
``(H) the total amount of all judgments, settlements, and
attorney fees paid by or on behalf of the agency; and
``(I) the total number of agency rulemakings or other
actions commenced due to a judgment or settlement;
``(2) for each filed or pending civil action, a summary of
the action that--
``(A) describes--
``(i) the nature of the action;
``(ii) the cause of action asserted, including specific
statutory references;
``(iii) the nature and amount of relief requested;
``(iv) whether the plaintiff is a party to any other
litigation against the agency;
``(v) whether a claim for attorney fees has been made, and
if so, the statutory basis for the claim;
``(vi) the date the action was filed; and
``(vii) whether more than 36 months have passed since the
date the action was filed; and
``(B) identifies--
``(i) the court, the presiding judge, and the case number;
and
``(ii) the plaintiff and counsel for the plaintiff; and
``(3) for each settlement or final judgment, except a
settlement or final judgment described in paragraph (4), a
summary of the civil action that includes--
``(A) the nature of the civil action;
``(B) the amount of the payment or other relief granted or
agreed;
``(C) the amount of attorneys fees paid; and
``(D) the nature of any rulemaking or other agency action
commenced due to the settlement or judgment; and
``(4) for each settlement or final judgment involving a
judgment under seal or a confidentiality agreement or order--
``(A) the parties to the settlement or final judgment; and
``(B) each cause of action alleged in the complaint.''.
(2) Technical and conforming amendment.--The table of
sections for chapter 6 of title 5, United States Code, is
amended by adding at the end the following:
``613. Litigation management.''.
______
SA 1026. Mr. COBURN submitted an amendment intended to be proposed to
amendment SA 957 proposed by Mr. Reid to the bill H.R. 2354, making
appropriations for energy and water development and related agencies
for the fiscal year ending September 30, 2012, and for other purposes;
which was ordered to lie on the table; as follows:
On page 66, between lines 2 and 3, insert the following:
Sec. 3__. Not later than 180 days after the date of
enactment of this Act, the Secretary of Energy shall submit
to the Committees on Appropriations of the House of
Representatives and the Senate and post on the public
Internet website of the Department of Energy a report
describing all recipients of assistance (including grants,
contracts, direct loans, loan guarantees, and cooperative
agreements) from the Department during the 5-year period
ending on the date of enactment of this Act that have filed
for bankruptcy or were declared bankrupt, including the name
of recipients, the amount of assistance, the date (by year)
of receipt of assistance, and the date on which recipients
filed for bankruptcy or were declared bankrupt.
______
SA 1027. Mr. COBURN submitted an amendment intended to be proposed by
[[Page S7623]]
him to the bill H.R. 2354, making appropriations for energy and water
development and related agencies for the fiscal year ending September
30, 2012, and for other purposes; which was ordered to lie on the
table; as follows:
At the end of title V of division A, add the following:
Sec. 5__. Notwithstanding any other provision of this Act,
none of the funds made available by this Act shall be used to
carry out the Energy Star program established by section 324A
of the Energy Policy and Conservation Act (42 U.S.C. 6294a).
______
SA 1028. Mr. COBURN (for himself and Mr. McCain) submitted an
amendment intended to be proposed by him to the bill H.R. 2354, making
appropriations for energy and water development and related agencies
for the fiscal year ending September 30, 2012, and for other purposes;
which was ordered to lie on the table; as follows:
At the end of title V of division A, add the following:
Sec. 5__. There are rescinded all remaining unobligated
balances made available for the temporary program for rapid
deployment of renewable energy and electric power
transmission projects under section 1705 of the Energy Policy
Act of 2005 (42 U.S.C. 16516).
______
SA 1029. Mr. COBURN submitted an amendment intended to be proposed by
him to the bill H.R. 2354, making appropriations for energy and water
development and related agencies for the fiscal year ending September
30, 2012, and for other purposes; which was ordered to lie on the
table; as follows:
At the appropriate place, add the following:
Sec. __. A grant or contract funded by amounts
appropriated by this Act may not be used for the purpose of
defraying the costs of a banquet or conference that is not
directly and programmatically related to the purpose for
which the grant or contract was awarded, such as a banquet or
conference held in connection with planning, training,
assessment, review, or other routine purposes related to a
project funded by the grant or contract.
Sec. __. None of the funds made available by this Act may
be used to send or otherwise pay for the attendance of more
than 50 employees from a Federal department or agency at any
single conference occurring outside the United States.
Sec. __. (a) The head of any department, agency, board or
commission funded by this Act shall submit quarterly reports
to the Inspector General, or the senior ethics official for
any entity without an inspector general, of the appropriate
department, agency, board or commission regarding the costs
and contracting procedures relating to each conference held
by the department, agency, board or commission during fiscal
year 2012 for which the cost to the Government was more than
$20,000.
(b) Each report submitted under subsection (a) shall
include, for each conference described in that subsection
held during the applicable quarter--
(1) a description of the subject of and number of
participants attending that conference;
(2) a detailed statement of the costs to the Government
relating to that conference, including--
(A) the cost of any food or beverages;
(B) the cost of any audio-visual services; and
(C) a discussion of the methodology used to determine which
costs relate to that conference; and a description of the
contracting procedures relating to that conference,
including--
(i) whether contracts were awarded on a competitive basis
for that conference; and
(ii) a discussion of any cost comparison conducted by the
department, agency, board or commission in evaluating
potential contractors for that conference.
______
SA 1030. Mr. COBURN (for himself and Mr. McCain) submitted an
amendment intended to be proposed by him to the bill H.R. 2354, making
appropriations for energy and water development and related agencies
for the fiscal year ending September 30, 2012, and for other purposes;
which was ordered to lie on the table; as follows:
At the end of title V of division A, add the following:
Sec. 5__. Notwithstanding any other provision of this Act,
none of the funds made available by this Act shall be used to
carry out any activity directed specifically or
noncompetitively for algae-based biofuels.
______
SA 1031. Mr. COBURN submitted an amendment intended to be proposed by
him to the bill H.R. 2354, making appropriations for energy and water
development and related agencies for the fiscal year ending September
30, 2012, and for other purposes; which was ordered to lie on the
table; as follows:
At the end of title V of division A, add the following:
Sec. 5__. Notwithstanding title III of division A, none of
the funds made available by this Act shall be used to
promulgate any regulation establishing energy-efficiency
standards for televisions.
______
SA 1032. Mr. COBURN submitted an amendment intended to be proposed by
him to the bill H.R. 2354, making appropriations for energy and water
development and related agencies for the fiscal year ending September
30, 2012, and for other purposes; which was ordered to lie on the
table; as follows:
At the end of title V of division A, add the following:
Sec. 5__. Notwithstanding any other provision of this Act,
none of the funds made available by this Act shall be used by
the Office of Fossil Energy to carry out any energy research
relating to fossil fuels, except that nothing in this section
affects the responsibilities of the Secretary of Energy
relating to national petroleum reserves.
______
SA 1033. Mr. JOHNSON, of South Dakota (for himself and Mr. Thune)
submitted an amendment intended to be proposed by him to the bill H.R.
2354, making appropriations for energy and water development and
related agencies for the fiscal year ending September 30, 2012, and for
other purposes; which was ordered to lie on the table; as follows:
In title II of division A, at the end of the sections under
the heading ``GENERAL PROVISIONS--DEPARTMENT OF THE
INTERIOR'', add the following:
Sec. ___. Any funds available to carry out the Oglala
Sioux Rural Water Supply System established under section
3(a) of the Mni Wiconi Project Act of 1988 (Public Law 100-
516; 102 Stat. 2566) shall also be available for the
Secretary of the Interior to plan, design, construct,
operate, maintain, and replace the Oglala Sioux Rural Water
Supply System within the entire boundary of the Pine Ridge
Indian Reservation, including the tract of land in the State
of Nebraska set aside as part of the Pine Ridge Indian
Reservation by the Executive order dated February 20, 1904.
______
SA 1034. Mr. CARDIN submitted an amendment intended to be proposed to
amendment SA 957 proposed by Mr. Reid, to the bill H.R. 2354, making
appropriations for energy and water development and related agencies
for the fiscal year ending September 30, 2012, and for other purposes;
which was ordered to lie on the table; as follows:
On page 6, line 4, insert ``, including any engineering and
technical studies the Secretary determines to be necessary to
estimate future storm-related releases of sediment deposited
behind dams,'' after ``activities''.
______
SA 1035. Mr. CARDIN (for himself and Mr. Wicker) submitted an
amendment intended to be proposed to amendment SA 957 proposed by Mr.
Reid to the bill H.R. 2354, making appropriations for energy and water
development and related agencies for the fiscal year ending September
30, 2012, and for other purposes; which was ordered to lie on the
table; as follows:
On page 66, beginning on line 13, strike ``$58,024,000, to
remain available until expended'' and insert ``$68,000,000,
to remain available until expended: Provided, That of the
funds made available under this title, each account under
this title (except the accounts under this heading) shall be
reduced by the pro rata percentage required to reduce the
total amount provided under this title by $9,976,000''.
______
SA 1036. Mr. CARDIN submitted an amendment intended to be proposed to
amendment SA 957 proposed by Mr. Reid to the bill H.R. 2354, making
appropriations for energy and water development and related agencies
for the fiscal year ending September 30, 2012, and for other purposes;
which was ordered to lie on the table; as follows:
On page 141, line 15, insert ``, including repairs required
for structural safety,'' after ``repairs''.
______
SA 1037. Mr. CARDIN submitted an amendment intended to be proposed to
amendment SA 957 proposed by Mr. Reid to the bill H.R. 2354, making
appropriations for energy and water development and related agencies
for the fiscal year ending September 30, 2012, and for other purposes;
which was ordered to lie on the table; as follows:
On page 141, line 13, strike ``funds;'' and insert ``funds:
Provided further, That, not later than 120 days after the
date of enactment of this Act, the General Services
Administration shall submit to the Committees on
Appropriations of the House of Representatives and the Senate
a detailed report, by project, for the construction projects
included in the fiscal year 2011 project plan for the Federal
Buildings Fund submitted to Congress on June 20, 2011, on the
use of funds provided
[[Page S7624]]
under this Act for each project in fiscal year 2012, the
future cost to complete each project, the added costs
incurred for delays associated with each project, and the
estimated number of construction and related jobs unfilled
because of the delays associated with completion of each
project;''.
______
SA 1038. Mr. CARDIN submitted an amendment intended to be proposed by
him to the bill H.R. 2354, making appropriations for energy and water
development and related agencies for the fiscal year ending September
30, 2012, and for other purposes; which was ordered to lie on the
table; as follows:
At the appropriate place, insert the following:
SEC. ___. SURETY BONDS.
(a) Maximum Bond Amount.--Section 411(a)(1) of the Small
Business Investment Act of 1958 (15 U.S.C. 694b(a)(1)) is
amended by striking ``(1)'' and all that follows and
inserting the following: ``(1)(A) The Administration may,
upon such terms and conditions as it may prescribe, guarantee
and enter into commitments to guarantee any surety against
loss resulting from a breach of the terms of a bid bond,
payment bond, performance bond, or bonds ancillary thereto,
by a principal on any total work order or contract amount at
the time of bond execution that does not exceed $5,000,000.
``(B) The Administrator may guarantee a surety under
subparagraph (A) for a total work order or contract amount
that does not exceed $10,000,000, if a contracting officer of
a Federal agency certifies that such a guarantee is
necessary.''.
(b) Denial of Liability.--Section 411 of the Small Business
Investment Act of 1958 (15 U.S.C. 694b) is amended--
(1) by striking subsection (e) and inserting the following:
``(e) Reimbursement of Surety; Conditions.--Pursuant to any
such guarantee or agreement, the Administration shall
reimburse the surety, as provided in subsection (c) of this
section, except that the Administration shall be relieved of
liability (in whole or in part within the discretion of the
Administration) if--
``(1) the surety obtained such guarantee or agreement, or
applied for such reimbursement, by fraud or material
misrepresentation;
``(2) the total contract amount at the time of execution of
the bond or bonds exceeds $5,000,000;
``(3) the surety has breached a material term or condition
of such guarantee agreement; or
``(4) the surety has substantially violated the regulations
promulgated by the Administration pursuant to subsection
(d).'';
(2) by striking subsection (k); and
(3) by adding after subsection (i) the following:
``(j) Denial of Liability.--For bonds made or executed with
the prior approval of the Administration, the Administration
shall not deny liability to a surety based upon material
information that was provided as part of the guaranty
application.''.
(c) Size Standards.--Section 410 of the Small Business
Investment Act of 1958 (15 U.S.C. 694a) is amended--
(1) by striking paragraph (9); and
(2) adding after paragraph (8) the following:
``(9) Notwithstanding any other provision of law or any
rule, regulation, or order of the Administration, for
purposes of sections 410, 411, and 412 the term `small
business concern' means a business concern that meets the
size standard for the primary industry in which such business
concern, and the affiliates of such business concern, is
engaged, as determined by the Administrator in accordance
with the North American Industry Classification System.''.
______
SA 1039. Ms. STABENOW (for herself, Mr. Durbin, Mr. Levin, Mr. Kohl,
Mr. Brown of Ohio, Mr. Franken, Mrs. Gillibrand, and Mr. Schumer)
submitted an amendment intended to be proposed by her to the bill H.R.
2354, making appropriations for energy and water development and
related agencies for the fiscal year ending September 30, 2012, and for
other purposes; which was ordered to lie on the table; as follows:
At the end of title I of division A, add the following:
SEC. 1__. ASIAN CARP.
(a) Definitions.--In this section:
(1) Hydrological separation.--The term ``hydrological
separation'' means a physical separation on the Chicago Area
Waterway System that--
(A) would disconnect the Mississippi River watershed from
the Lake Michigan watershed; and
(B) shall be designed to be adequate in scope to prevent
the transfer of all aquatic species between each of those
bodies of water.
(2) Secretary.--The term ``Secretary'' means the Secretary
of the Army, acting through the Chief of Engineers.
(b) Expedited Study and Report.--
(1) In general.--The Secretary shall--
(A) expedite completion of the report for the study
authorized by section 3061(d) of the Water Resources
Development Act of 2007 (Public Law 110-114; 121 Stat. 1121);
and
(B) if the Secretary determines a project is justified in
the completed report, proceed directly to project
preconstruction engineering and design.
(2) Focus.--In expediting the completion of the study and
report under paragraph (1), the Secretary shall focus on--
(A) the prevention of the spread of aquatic nuisance
species between the Great Lakes and Mississippi River Basins,
including through permanent hydrological separation of the
Great Lakes and Mississippi River Basins; and
(B) the watersheds of the following rivers and tributaries
associated with the Chicago Area Waterway System:
(i) The Illinois River, at and in the vicinity of Chicago,
Illinois.
(ii) The Chicago River, Calumet River, North Shore Channel,
Chicago Sanitary and Ship Canal, and Cal-Sag Channel in the
State of Illinois.
(iii) The Grand Calumet River and Little Calumet River in
the States of Illinois and Indiana.
(3) Efficient use of funds.--The Secretary shall ensure the
efficient use of funds to maximize the timely completion of
the study and report under paragraph (1).
(4) Deadline.--The Secretary shall complete the report
under paragraph (1) by not later than 18 months after the
date of enactment of this Act.
(5) Interim report.--Not later than 90 days after the date
of enactment of this Act, the Secretary shall submit to the
Committees on Appropriations of the House of Representatives
and Senate, the Committee on Environment and Public Works of
the Senate, and the Committee on Transportation and
Infrastructure of the House of Representatives a report
describing--
(A) interim milestones that will be met prior to final
completion of the study and report under paragraph (1); and
(B) funding necessary for completion of the study and
report under paragraph (1), including funding necessary for
completion of each interim milestone identified under
subparagraph (A).
______
SA 1040. Mr. SANDERS (for himself and Mr. Tester) submitted an
amendment intended to be proposed to amendment SA 957 proposed by Mr.
Reid to the bill H.R. 2354, making appropriations for energy and water
development and related agencies for the fiscal year ending September
30, 2012, and for other purposes; which was ordered to lie on the
table; as follows:
On page 38, line 13, strike the period at the end and
insert ``: Provided further, That of the funds made available
under this heading to carry out building technology
activities, $10,000,000 shall be made available to carry out
geothermal heat pump research, development, and deployment
activities.''.
______
SA 1041. Mr. McCAIN (for himself, Mr. Rockefeller, Mr. Johanns, Mr.
Barrasso, Mr. Enzi, Ms. Murkowski, Mrs. McCaskill, Mr. Begich, Mr.
Coburn, Mr. Blunt, Mr. Thune, Mr. Heller, Mr. Webb, Mr. Manchin, Mr.
Graham, and Mr. Tester) submitted an amendment intended to be proposed
by him to the bill H.R. 2354, making appropriations for energy and
water development and related agencies for the fiscal year ending
September 30, 2012, and for other purposes; which was ordered to lie on
the table; as follows:
At the appropriate place, insert the following:
Sec. ___. Notwithstanding any other provision of law, none
of the funds appropriated or otherwise made available by this
or any other Act may be used to pay compensation for senior
executives at the Federal National Mortgage Association or
Federal Home Loan Mortgage Corporation in the form of
bonuses, during any period of conservatorship for those
entities on or after the date of enactment of this Act.
______
SA 1042. Mr. COBURN submitted an amendment intended to be proposed by
him to the bill H.R. 2354, making appropriations for energy and water
development and related agencies for the fiscal year ending September
30, 2012, and for other purposes; which was ordered to lie on the
table; as follows:
At the appropriate place, insert the following:
Sec. __. (a) Except as provided in subsection (b), none of
the funds made available by this division may be used to
purchase new passenger motor vehicles.
(b) This section shall not apply to the purchase of new
passenger motor vehicles that will be used primarily for
national security, law enforcement, public transit, safety,
or research purposes.
(c) Not later than 30 days after the last day of fiscal
year 2012, the head of each agency or department receiving
funds under this division shall submit a report to Congress
that contains--
(1) a complete inventory of the vehicles owned, permanently
retired, or purchased by the agency or department during
fiscal year 2012; and
(2) the total cost of the agency's or department's vehicle
fleet during fiscal year 2012, including costs for vehicle
maintenance, fuel, storage, purchasing, and leasing.
[[Page S7625]]
______
SA 1043. Mr. DeMINT submitted an amendment intended to be proposed by
him to the bill H.R. 2354, making appropriations for energy and water
development and related agencies for the fiscal year ending September
30, 2012, and for other purposes; which was ordered to lie on the
table; as follows:
At the appropriate place, insert the following:
Sec. ___. The Propane Education and Research Act of 1996
(15 U.S.C. 6401 et seq.) is repealed.
______
SA 1044. Mr. DeMINT submitted an amendment intended to be proposed by
him to the bill H.R. 2354, making appropriations for energy and water
development and related agencies for the fiscal year ending September
30, 2012, and for other purposes; which was ordered to lie on the
table; as follows:
At the appropriate place, insert the following:
Sec. ___. None of the funds appropriated or otherwise made
available by this Act shall be used to pay the salaries and
expenses of personnel of the Department of Energy to oversee
the Propane Education and Research Council established under
section 4(a) of the Propane Education and Research Act of
1996 (15 U.S.C. 6403(a)).
______
SA 1045. Mr. HOEVEN submitted an amendment intended to be proposed to
amendment SA 957 proposed by Mr. Reid to the bill H.R. 2354, making
appropriations for energy and water development and related agencies
for the fiscal year ending September 30, 2012, and for other purposes;;
which was ordered to lie on the table; as follows:
On page 40, line 10, after ``direction:'', insert the
following: `` Provided further, That, of the amount made
available under this heading (other than for program
direction), $5,000,000 shall be available for natural gas
technologies, $10,000,000 shall be available for
unconventional fossil energy technologies:''.
______
SA 1046. Mr. KOHL (for himself, Ms. Stabenow, and Mr. Corker)
submitted an amendment intended to be proposed by him to the bill H.R.
2354, making appropriations for energy and water development and
related agencies for the fiscal year ending September 30, 2012, and for
other purposes; which was ordered to lie on the table; as follows:
At the end of title III, under the heading ``GENERAL
PROVISIONS--DEPARTMENT OF ENERGY'', add the following:
SEC. 3_. UNIFORM EFFICIENCY DESCRIPTOR FOR COVERED WATER
HEATERS.
Section 325(e) of the Energy Policy and Conservation Act
(42 U.S.C. 6295(e)) is amended by adding at the end the
following:
``(5) Uniform efficiency descriptor for covered water
heaters.--
``(A) Definitions.--In this paragraph:
``(i) Covered water heater.--The term `covered water
heater' means--
``(I) a water heater; and
``(II) a storage water heater, instantaneous water heater,
and unfired water storage tank (as defined in section 340).
``(ii) Final rule.--The term `final rule' means the final
rule published under this paragraph.
``(B) Publication of final rule.--Not later than 180 days
after the date of enactment of this paragraph, the Secretary
shall publish a final rule that establishes a uniform
efficiency descriptor and accompanying test methods for
covered water heaters.
``(C) Purpose.--The purpose of the final rule shall be to
replace with a uniform efficiency descriptor--
``(i) the energy factor descriptor for water heaters
established under this subsection; and
``(ii) the thermal efficiency and standby loss descriptors
for storage water heaters, instantaneous water heaters, and
unfired water storage tanks established under section
342(a)(5).
``(D) Effect of final rule.--
``(i) In general.--Notwithstanding any other provision of
this title, effective beginning on the effective date of the
final rule, the efficiency standard for covered water heaters
shall be denominated according to the efficiency descriptor
established by the final rule.
``(ii) Effective date.--The final rule shall take effect 1
year after the date of publication of the final rule under
subparagraph (B).
``(E) Conversion factor.--
``(i) In general.--The Secretary shall develop a
mathematical conversion factor for converting the measurement
of efficiency for covered water heaters from the test
procedures in effect on the date of enactment of this
paragraph to the new energy descriptor established under the
final rule.
``(ii) Application.--The conversion factor shall apply to
models of covered water heaters affected by the final rule
and tested prior to the effective date of the final rule.
``(iii) Effect on efficiency requirements.--The conversion
factor shall not affect the minimum efficiency requirements
for covered water heaters otherwise established under this
title.
``(iv) Use.--During the period described in clause (v), a
manufacturer may apply the conversion factor established by
the Secretary to rerate existing models of covered water
heaters that are in existence prior to the effective date of
the rule described in clause (v)(II) to comply with the new
efficiency descriptor.
``(v) Period.--Subclause (E) shall apply during the
period--
``(I) beginning on the date of publication of the
conversion factor in the Federal Register; and
``(II) ending on April 16, 2015.
``(F) Exclusions.--The final rule may exclude a specific
category of covered water heaters from the uniform efficiency
descriptor established under this paragraph if the Secretary
determines that the category of water heaters--
``(i) does not have a residential use and can be clearly
described in the final rule; and
``(ii) are effectively rated using the thermal efficiency
and standby loss descriptors applied (as of the date of
enactment of this paragraph) to the category under section
342(a)(5).
``(G) Options.--The descriptor set by the final rule may
be--
``(i) a revised version of the energy factor descriptor in
use as of the date of enactment of this paragraph;
``(ii) the thermal efficiency and standby loss descriptors
in use as of that date;
``(iii) a revised version of the thermal efficiency and
standby loss descriptors;
``(iv) a hybrid of descriptors; or
``(v) a new approach.
``(H) Application.--The efficiency descriptor and
accompanying test method established under the final rule
shall apply, to the maximum extent practicable, to all water
heating technologies in use as of the date of enactment of
this paragraph and to future water heating technologies.
``(I) Participation.--The Secretary shall invite interested
stakeholders to participate in the rulemaking process used to
establish the final rule.
``(J) Testing of alternative descriptors.--In establishing
the final rule, the Secretary shall contract with the
National Institute of Standards and Technology, as necessary,
to conduct testing and simulation of alternative descriptors
identified for consideration.
``(K) Existing covered water heaters.--A covered water
heater shall be considered to comply with the final rule on
and after the effective date of the final rule and with any
revised labeling requirements established by the Federal
Trade Commission to carry out the final rule if the covered
water heater--
``(i) was manufactured prior to the effective date of the
final rule; and
``(ii) complied with the efficiency standards and labeling
requirements in effect prior to the final rule.''.
______
SA 1047. Mr. REED (for himself and Mr. Whitehouse) submitted an
amendment intended to be proposed by him to the bill H.R. 2354, making
appropriations for energy and water development and related agencies
for the fiscal year ending September 30, 2012, and for other purposes;
which was ordered to lie on the table; as follows:
In the matter under the heading ``construction, general''
under the heading ``Corps of Engineers--Civil'' under the
heading ``CORPS OF ENGINEERS--CIVIL, DEPARTMENT OF THE
ARMY'', strike ``Inland Waterways Trust Fund'' and insert
``Inland Waterways Trust Fund: Provided, That the funding
level for each Continuing Authorities Program authority shall
not be less than the amounts specified in the table on page
32 of Senate Report 112-75, except that $15,000,000 shall be
made available to carry out activities described in that
table as Flood Control Projects (section 205)''.
______
SA 1048. Ms. LANDRIEU submitted an amendment intended to be proposed
to amendment SA 957 proposed by Mr. Reid to the bill H.R. 2354, making
appropriations for energy and water development and related agencies
for the fiscal year ending September 30, 2012, and for other purposes;
which was ordered to lie on the table; as follows:
On page 66, between lines 2 and 3, insert the following:
Sec. 3__. The Secretary of Energy may authorize--
(1) the operation and maintenance of a Strategic Petroleum
Reserve metering station and related equipment that is
underutilized (as defined in section 102-75.50 of title 41,
Code of Federal Regulations (or successor regulations)) on
behalf of a private sector party; and
(2) the collection of a fee for the conduct of services
described in paragraph (1) consistent with chapter 4 of the
Atomic Energy Act of 1954 (42 U.S.C. 2051 et seq.) in an
amount sufficient to cover the costs to the Federal
Government of operation and maintenance described in
paragraph (1).
______
SA 1049. Mr. BAUCUS (for himself, Mr. Roberts, Mr. Bingaman, Mrs.
McCaskill, Ms. Cantwell, Mr. Nelson, of Nebraska, Mr. Harkin, Mr.
Pryor, Mr. Tester, Mrs. Murray, Mr. Moran, Mr. Crapo, Mr. Johnson, of
South Dakota, and Ms. Landrieu) submitted an amendment intended to be
proposed by him to the bill H.R. 2354, making appropriations for energy
and
[[Page S7626]]
water development and related agencies for the fiscal year ending
September 30, 2012, and for other purposes; which was ordered to lie on
the table; as follows:
At the appropriate place, insert the following:
Sec. __. During fiscal year 2012, for purposes of section
908(b)(1) of the Trade Sanctions Reform and Export
Enhancement Act of 2000 (22 U.S.C. 7207(b)(1)), the term
``payment of cash in advance'' shall be interpreted as
payment before the transfer of title to, and control of, the
exported items to the Cuban purchaser.
______
SA 1050. Mr. McCAIN (for himself, Mr. Coburn, and Mr. Inhofe)
submitted an amendment intended to be proposed by him to the bill H.R.
2354, making appropriations for energy and water development and
related agencies for the fiscal year ending September 30, 2012, and for
other purposes; which was ordered to lie on the table; as follows:
In title III, at the end of the sections under the heading
``GENERAL PROVISIONS--DEPARTMENT OF ENERGY'', add the
following:
Sec. __. None of the funds made available by this Act may
be used by the Secretary of Energy to issue loan guarantees
that, in any circumstances at the time of, or subsequent to,
the issuance of the loan guarantee, make the Secretary
subordinate to other financing.
______
SA 1051. Mr. CORKER (for himself and Mr. Kyl) submitted an amendment
intended to be proposed by him to the bill H.R. 2354, making
appropriations for energy and water development and related agencies
for the fiscal year ending September 30, 2012, and for other purposes;
which was ordered to lie on the table; as follows:
At the end of title III, add the following:
Sec. 313. (a) Notwithstanding any other provision of law,
the Secretary of State shall transfer $321,000,000 of amounts
appropriated or otherwise made available for the Department
of State by the Department of State, Foreign Operations, and
Related Programs Appropriations Act, 2012, to the Secretary
of Energy for the National Nuclear Security Administration
for weapons activities.
(b) The Administrator for Nuclear Security shall allocate
the amount transferred under subsection (a) to the weapons
activities of the National Nuclear Security Administration
that the Administrator, in consultation with the Secretary of
Defense, determines to be the highest priority.
______
SA 1052. Mr. COATS (for himself and Mr. Lugar) submitted an amendment
intended to be proposed by him to the bill H.R. 2354, making
appropriations for energy and water development and related agencies
for the fiscal year ending September 30, 2012, and for other purposes;
which was ordered to lie on the table; as follows:
Sec. 1__. None of the funds made available by this Act
shall be expended to carry out any Federal action that would
involve or lead to any hydrological separation between the
Great Lakes and the Mississippi River Basins.
______
SA 1053. Ms. LANDRIEU (for herself and Mrs. Gillibrand) submitted an
amendment intended to be proposed by her to the bill H.R. 2354, making
appropriations for energy and water development and related agencies
for the fiscal year ending September 30, 2012, and for other purposes;
which was ordered to lie on the table; as follows:
At the end of title IIII of division A, add the following:
Sec. ___. The Secretary of Energy shall use $2,000,000 for
the support of the U.S.-Israeli energy cooperative agreement
to be derived by transfer from the funds made available by
this Act for salaries and expenses of the Department of
Energy necessary for departmental administration under the
heading ``Departmental Administration'', so that the total
amount made available under that heading is $235,623,000 and
the amount made available from the general fund is not more
than $123,740,000.
______
SA 1054. Mr. BROWN, of Ohio (for himself and Mr. Tester) submitted an
amendment intended to be proposed to amendment SA 957 proposed by Mr.
Reid to the bill H.R. 2354, making appropriations for energy and water
development and related agencies for the fiscal year ending September
30, 2012, and for other purposes; which was ordered to lie on the
table; as follows:
On page 40, line 10, insert ``Provided further, That not
less than $25,000,000 shall be used for the research,
development, and demonstration of solid oxide fuel cell
systems:'' after ``program direction:''.
______
SA 1055. Mr. COBURN submitted an amendment intended to be proposed by
him to the bill H.R. 2354, making appropriations for energy and water
development and related agencies for the fiscal year ending September
30, 2012, and for other purposes; which was ordered to lie on the
table; as follows:
At the end of title V of division A, add the following:
Sec. 5__. Notwithstanding title III of division A, none of
the funds made available by this Act or previous Acts, making
funds available for Energy and Water, shall be used to
promulgate any regulation establishing energy-efficiency
standards for televisions.
______
SA 1056. Mr. WICKER (for himself, Mr. Inhofe, Mr. Sessions, Mr.
Roberts, Mr. Paul, and Mr. Johanns) submitted an amendment intended to
be proposed by him to the bill S. 1867, to authorize appropriations for
fiscal year 2012 for military activities of the Department of Defense,
for military construction, and for defense activities of the Department
of Energy, to prescribe military personnel strengths for such fiscal
year, and for other purposes; which was ordered to lie on the table; as
follows:
At the end of subtitle C of title V, add the following:
SEC. 527. FREEDOM OF CONSCIENCE OF MILITARY CHAPLAINS WITH
RESPECT TO THE PERFORMANCE OF MARRIAGES.
A military chaplain who, as a matter of conscience or moral
principle, does not wish to perform a marriage may not be
required to do so.
______
SA 1057. Mr. WHITEHOUSE (for Mr. Nelson, of Florida) proposed an
amendment to the resolution S. Res. 303, honoring the life, service,
and sacrifice of Captain Colin P. Kelly Jr., United States Army; as
follows:
In the preamble, amend the fourth and tenth clauses by
striking ``December 10, 1941'' and inserting ``December 9,
1941''.
______
SA 1058. Ms. LANDRIEU submitted an amendment intended to be proposed
by her to the bill H.R. 2354, making appropriations for energy and
water development and related agencies for the fiscal year ending
September 30, 2012, and for other purposes; which was ordered to lie on
the table; as follows:
At the end of title I (under the heading ``CORPS OF
ENGINEERS--CIVIL, DEPARTMENT OF THE ARMY''), add the
following:
Sec. 1___. In addition to any other funds made available
under this Act, the Chief of Engineers shall use $1,250,000
to carry out activities under the heading ``general
investigations'' under the heading ``Corps of Engineers--
Civil'' to be derived by transfer from the funds made
available by this Act under the heading ``general expenses''
under the heading ``Corps of Engineers--Civil'', so that the
total amount made available under the heading ``general
expenses'' is $183,750,000 and the total amount made
available under the heading ``general investigations'' is
$126,250,000.
______
SA 1059. Mr. COONS (for himself, Mr. Casey, and Mr. Toomey) submitted
an amendment intended to be proposed by Mr. Reid to the bill H.R. 2354,
making appropriations for energy and water development and related
agencies for the fiscal year ending September 30, 2012, and for other
purposes; which was ordered to lie on the table; as follows:
On page 3, line 17, after ``Public Law 104-303;'' insert
``of which $30,000,000 shall be made available to carry out
ongoing work relating to navigation, $13,000,000 shall be
made available to carry out ongoing work relating to
environmental restoration or compliance projects, $35,000,000
shall be made available to carry out ongoing work relating to
environmental infrastructure projects, and $3,000,000 shall
be made available to carry out the Aquatic Plant Control
Program;''.
______
SA 1060. Mr. WYDEN submitted an amendment intended to be proposed to
amendment SA 957 proposed by Mr. Reid to the bill H.R. 2354, making
appropriations for energy and water development and related agencies
for the fiscal year ending September 30, 2012, and for other purposes;
which was ordered to lie on the table; as follows:
On page 242, line 15, insert ``: Provided further, That
none of the funds made available under this heading or under
any other provision of law, may be used to promote or support
the operations of Radio Marti or TV Marti'' before the period
at the end.
On page 242, line 21, strike ``including to Cuba,''.
______
SA 1061. Mrs. MURRAY submitted an amendment intended to be proposed
by her to the bill H.R. 2354, making appropriations for energy and
water development and related agencies for the fiscal year ending
September 30, 2012, and for other purposes; which was ordered to lie on
the table; as follows:
At the end of title VII of division C, add the following:
[[Page S7627]]
Sec. 7088. None of the funds appropriated or otherwise
made available by this division may be obligated or expended
to implement new programs or expand existing programs of the
International Pacific Halibut Commission until the Secretary
of State determines that the Commission has sufficient funds
available to cover the overhead costs of the Commission.
____________________