[Congressional Record Volume 157, Number 173 (Monday, November 14, 2011)]
[Senate]
[Pages S7416-S7417]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




                           TEXT OF AMENDMENTS

  SA 945. Mr. WICKER 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 I of division A, add the following:
       Sec. 1__.  None of the funds made available by this Act may 
     be used by the Corps of Engineers to implement or enforce 
     section 327.13(a) of title 36, Code of Federal Regulations 
     (or successor regulation).
                                 ______
                                 
  SA 946. Mr. KERRY 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:

       On page 480, between lines 15 and 16, insert the following:


                      vietnam education foundation

       Sec. 70_.  (a) Grants Authorized.--The Secretary of State 
     may award 1 or more grants, using a transparent and 
     competitive selection process, to institutions of higher 
     education (as defined in section 101(a) of the Higher 
     Education Act of 1965 (20 U.S.C. 1001(a))) and not-for-profit 
     organizations in the United States engaged in promoting 
     institutional innovation in Vietnamese higher education: 
     Provided, That grant funds awarded under this subsection 
     shall be used to support the establishment of 1 or more 
     independent, not-for-profit academic institutions in Vietnam 
     that meets standards comparable to those required for 
     accreditation under section 101(a)(5) of the Higher Education 
     Act of 1965, with graduate level programs in public policy, 
     management, and related fields, that support the equitable 
     and sustainable socioeconomic development of Vietnam, feature 
     teaching and research components, promote the development of 
     institutional capacity and innovation in Vietnam, operate 
     according to core principles of good governance, and are 
     autonomous: Provided further, That each institution of higher 
     education and not-for-profit organization desiring a grant 
     under this subsection shall submit an application to the 
     Secretary of State at such time, in such manner, and 
     accompanied by such information as the Secretary may 
     reasonably require: Provided further, That the Secretary of 
     State may use amounts from the Vietnam Debt Repayment Fund 
     made available under section 207(c) of the Vietnam Education 
     Foundation Act of 2000 (22 U.S.C. 2452 note) for grants 
     authorized under this subsection: Provided further, That the 
     Secretary of State shall submit an annual report to the 
     appropriate congressional committees that summarizes the 
     activities carried out under this subsection during the most 
     recent fiscal year.
       (b) Transfer of Functions and Assets.--All functions and 
     assets of the Vietnam Education Foundation, as of the day 
     before the date of the enactment of this Act, are transferred 
     to the Bureau of Educational and Cultural Affairs of the 
     Department of State.
       (c) Use of Funds.--In addition to the purpose set forth in 
     paragraph (2) of section 207(c) of the Vietnam Education 
     Foundation Act of 2000 (22 U.S.C. 2452 note), during each of 
     the fiscal years 2012 through 2018, the amounts deposited 
     into the Vietnam Debt Repayment Fund pursuant to paragraph 
     (1) of such section shall be made available by the Secretary 
     of the Treasury, upon the request of the Secretary of State, 
     to--
       (1) institutions of higher education (as defined in section 
     101(a) of the Higher Education Act of 1965 (20 U.S.C. 
     1001(a))), selected by the Secretary of State through a 
     transparent and competitive process, for the purpose of 
     supporting the establishment of 1 or more independent, not-
     for-profit academic institutions in Vietnam that meets 
     standards comparable to those required for accreditation 
     under section 101(a)(5) of the Higher Education Act of 1965, 
     with graduate level programs in public policy, management, 
     and related fields; and
       (2) not-for-profit organizations in the United States, 
     selected by the Secretary of State through a transparent and 
     competitive process, for the purpose of supporting the 
     establishment of a new, independent Vietnamese academic 
     institution that meets standards comparable to those required 
     for accreditation under section 101(a)(5) of the Higher 
     Education Act of 1965.
                                 ______
                                 
  SA 947. Mr. McCAIN (for himself and 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:

       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 provide the cost of 
     loan guarantees that, in any circumstances at the time of, or 
     subsequent to, the issuance of a loan guarantee, make the 
     Secretary subordinate to other financing.
                                 ______
                                 
  SA 948. Mr. COATS 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. ___. (a) None of the funds made available by this Act 
     to carry out the Advanced Technology Vehicles Manufacturing 
     Loan Program established under section 136 of the Energy 
     Independence and Security Act of 2007 (42 U.S.C. 17013) may 
     be used by the Secretary to approve any loan for the design, 
     manufacture, construction, or modification of any facility to 
     produce advanced high-strength steel until the Inspector 
     General completes and makes public the report described in 
     subsection (b).
       (b) The Inspector General shall--
       (1) conduct an investigation of any conditional loan 
     commitment issued by the Secretary for the design, 
     manufacture, construction, or modification of any facility to 
     produce advanced high-strength steel under the Advanced 
     Technology Vehicles Manufacturing Loan Program; and

[[Page S7417]]

       (2) not later than 180 days after the date of enactment of 
     this Act, prepare a report that describes the results of the 
     investigation conducted under paragraph (1).
       (c) The report prepared under in subsection (b)(2) shall 
     address the following issues:
       (1) Whether the Secretary properly considered advanced high 
     strength steel a ``component'' under section 136 of the 
     Energy Independence and Security Act of 2007 (42 U.S.C. 
     17013).
       (2) Whether the Secretary conducted a proper market 
     analysis to determine what advanced high strength steel 
     products were in the marketplace and in what volumes.
       (3) Whether the Secretary estimated the current or future 
     capacity for production of advanced high strength steel in 
     the United States.
       (4) Whether the Secretary estimated the future demand for 
     advanced high strength steel from automakers.
       (5) Whether it was proper for the Secretary to fund a 
     nearly complete project for facilities already built.
       (6) Whether the Secretary conducted a thorough jobs-impact 
     analysis before issuing the conditional loan commitment, 
     including an analysis of what jobs would be lost or 
     redistributed from other companies that produce advanced high 
     strength steel.
       (7) Whether and to what extent the loan office was 
     improperly influenced outside groups or the White House, 
     including the Office of Management and Budget.
                                 ______
                                 
  SA 949. Mr. COATS 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 C, add the following:
       Sec. 7088. (a) Congress makes the following findings:
       (1) The decision by the membership of the United Nations 
     Educational, Scientific and Cultural Organization (UNESCO) to 
     admit the Palestinian Authority as a full member state of the 
     organization is counterproductive, harms efforts to reach a 
     negotiated, lasting, and just peace in the Middle East, and 
     is contrary to United States interests.
       (2) The Palestinian Authority may use this vote as a 
     precedent to pursue membership in other United Nations 
     affiliated organizations, contrary to the best interests of 
     those organizations and the Palestinians themselves.
       (3) Palestinian statehood can emerge only from negotiations 
     with Israel, not from actions by third parties, including the 
     United Nations and its affiliated organizations.
       (4) Existing United States law prohibits appropriation of 
     funds for the United Nations or any specialized agency 
     affiliated with the United Nations that grant full membership 
     as a state to any organization or group that does not have 
     the internationally recognized attributes of statehood.
       (5) The President does not have the discretion to identify 
     alternative methods of providing funds to any United Nations 
     agency that admits Palestine as a member state.
       (b) None of the amounts appropriated or otherwise made 
     available by this Act shall be obligated or expended in 
     contravention of section 410 of the Foreign Relations 
     Authorization Act, Fiscal Years 1994 and 1995 (Public Law 
     103-236; 108 Stat. 454; 22 U.S.C. 287e note) or section 414 
     of the Foreign Relations Authorization Act, Fiscal Years 1990 
     and 1991 (Public Law 101-246; 104 Stat. 70; 22 U.S.C. 287e 
     note).

                          ____________________