[Congressional Record (Bound Edition), Volume 157 (2011), Part 12]
[Senate]
[Pages 17666-17672]
[From the U.S. 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

[[Page 17667]]

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:

       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;

[[Page 17668]]

       ``(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 
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.

[[Page 17669]]


                                 ______
                                 
  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 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

[[Page 17670]]

     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.
                                 ______
                                 
  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.

[[Page 17671]]

       ``(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 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

[[Page 17672]]

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:
       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.

                          ____________________