S.Amdt. 1648

SA 1648. Mr. LEE submitted an amendment intended to be proposed to
amendment SA 1617 proposed by Mr. Gardner (for himself, Mr. Manchin,
Mr. Daines, Mr. Warner, Mr. Portman, Ms. Cantwell, Mr. Alexander, Mr.
King, Mr. Burr, Mr. Tester, Ms. Collins, Mr. Udall, Mr. Boozman, Mr.
Schumer, Mr. Blunt, Ms. Harris, Mrs. Capito, Mr. Peters, Mr. Tillis,
Ms. Baldwin, Ms. McSally, Mr. Casey, Mr. Graham, Mr. Heinrich, Mr.
Bennet, Mrs. Feinstein, Mr. Sanders, Mr. Booker, Ms. Cortez Masto, Mr.
Merkley, Mr. Wyden, Mr. Kaine, Ms. Sinema, Ms. Rosen, Mr. Coons, Ms.
Smith, Ms. Hassan, Mrs. Gillibrand, Mrs. Murray, Mr. Durbin, Mrs.
Shaheen, Mr. Blumenthal, Mr. Jones, Mr. Van Hollen, Mr. Menendez, Mr.
Cardin, Mr. Brown, Ms. Hirono, Ms. Warren, Mr. Murphy, Ms. Klobuchar,
Ms. Duckworth, Ms. Stabenow, Mr. Leahy, Mr. McConnell, Mr. Markey, Mr.
Roberts, Mr. Perdue, Mr. Cramer, and Mr. Schatz) to the bill H.R. 1957,
to amend the Internal Revenue Code of 1986 to modernize and improve the
Internal Revenue Service, and for other purposes; which was ordered to
lie on the table; as follows:

At the appropriate place, insert the following:

SEC. ___. CATEGORICAL EXCLUSIONS.

Section 200402 of title 54, United States Code (as added by
section 2(a)), is amended by adding at the end the following:
``(l) NEPA Process Timelines.--
``(1) Definitions.--In this subsection:
``(A) Environmental impact statement.--The term
`environmental impact statement' means a detailed statement
required under section 102(2)(C) of the National
Environmental Policy Act of 1969 (42 U.S.C. 4332(2)(C)).
``(B) NEPA process.--
``(i) In general.--The term `NEPA process', with respect to
a proposed action, means the entirety of every process,
analysis, or other measure, including an environmental impact
statement, required to be carried out by a covered agency
under title I of the National Environmental Policy Act of
1969 (42 U.S.C. 4331 et seq.) before the covered agency
undertakes the proposed action.
``(ii) Period.--For purposes of clause (i), the NEPA
process--

``(I) begins on the date on which the head of a covered
agency receives an application for a proposed action from a
project sponsor; and
``(II) ends on the date on which the covered agency issues,
with respect to the proposed action--

``(aa) a record of decision, including, if necessary, a
revised record of decision;
``(bb) a finding of no significant impact; or
``(cc) a categorical exclusion under title I of the
National Environmental Policy Act of 1969 (42 U.S.C. 4331 et
seq.).
``(C) Project sponsor.--The term `project sponsor' means a
covered agency or other entity, including a private or
public-private entity, that seeks approval of a proposed
action.
``(D) Proposed action.--The term `proposed action' means a
proposed action (within the meaning of the National
Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.)) to
carry out a project using amounts made available under the
Fund.
``(2) Applicable timelines.--
``(A) NEPA process.--
``(i) In general.--In carrying out a proposed action, the
head of a covered agency shall complete the NEPA process for
a proposed action of the covered agency, as described in
paragraph (1)(B)(ii)(II), not later than 2 years after the
date described in paragraph (1)(B)(ii)(I).
``(ii) Environmental documents.--Within the period
described in clause (i), not later than 1 year after the date
described in paragraph (1)(B)(ii)(I), the head of the covered
agency shall, with respect to the proposed action--

``(I) issue--

``(aa) a finding that a categorical exclusion applies to
the proposed action; or
``(bb) a finding of no significant impact; or

``(II) publish a notice of intent to prepare an
environmental impact statement in the Federal Register.

``(iii) Environmental impact statement.--If the head of a
covered agency publishes a notice of intent described in
clause (ii)(II), within the period described in clause (i)
and not later than 1 year after the date on which the head of
the covered agency publishes the notice of intent, the head
of the covered agency shall complete the environmental impact
statement and, if necessary, any supplemental environmental
impact statement for the proposed action.
``(iv) Penalties.--

``(I) Definitions.--In this clause:

``(aa) Director.--The term `Director' means the Director of
the Office of Management and Budget.
``(bb) Final nepa compliance date.--The term `final NEPA
compliance date', with respect to a proposed action, means
the date by which the head of a covered agency is required to
complete the NEPA process under clause (i).
``(cc) Initial eis compliance date.--The term `initial EIS
compliance date', with respect to a proposed action for which
a covered agency published a notice of intent described in
clause (ii)(II), means the date by which an environmental
impact statement for that proposed action is required to be
completed under clause (iii).
``(dd) Initial nepa compliance date.--The term `initial
NEPA compliance date', with respect to a proposed action,
means the date by which the head of a covered agency is
required to issue or publish a document described in clause
(ii) for that proposed action under that clause.
``(ee) Initial noncompliance determination.--The term
`initial noncompliance determination' means a determination
under subitem (BB), (CC), or (DD) of subclause (II)(aa) that
the head of a covered agency has not complied with the
requirements of clause (i), (ii), or (iii).

``(II) Initial noncompliance.--

``(aa) Determination.--
``(AA) Notification.--As soon as practicable after the date
described in paragraph (1)(B)(ii)(I) for a proposed action of
a covered agency, the head of the covered agency shall notify
the Director that the head of the covered agency is beginning
the NEPA process for that proposed action.
``(BB) Initial determination.--As soon as practicable after
the initial NEPA compliance date for a proposed action, the
Director shall determine whether, as of the initial NEPA
compliance date, the head of the covered agency has complied
with clause (ii) for that proposed action.
``(CC) Environmental impact statement.--With respect to a
proposed action of a covered agency in which the head of the
covered agency publishes a notice of intent described in
clause (ii)(II), as soon as practicable after the initial EIS
compliance date for a proposed action, the Director shall
determine whether, as of the initial EIS compliance date, the
head of the covered agency has complied with clause (iii) for
that proposed action.
``(DD) Completion of nepa process.--As soon as practicable
after the final NEPA compliance date for a proposed action,
the Director shall determine whether, as of the final NEPA
compliance date, the head of the covered agency has complied
with clause (i) for that proposed action.
``(bb) Identification; penalty; notification.--If the
Director makes an initial noncompliance determination for a
proposed action--
``(AA) the Director shall identify the account for the
salaries and expenses of the office of the head of the
covered agency, or an equivalent account;
``(BB) beginning on the day after the date on which the
Director makes the initial noncompliance determination, the
amount that the head of the covered agency may obligate from
the account identified under subitem (AA) for the fiscal year
during which the determination is made shall be reduced by
0.5 percent from the amount initially made available for the
account for that fiscal year; and
``(CC) the Director shall notify the head of the covered
agency of the initial noncompliance determination, the
account identified under subitem (AA), and the reduction
under subitem (BB).

``(III) Continued noncompliance.--

``(aa) Determination.--Every 90 days after the date of an
initial noncompliance determination, the Director shall
determine whether the head of the covered agency has complied
with the applicable requirements of clauses (i) through (iii)
for the proposed action, until the date on which the Director
determines that the head of the covered agency has completed
the NEPA process for the proposed action.
``(bb) Penalty; notification.--For each determination made
by the Director under item (aa) that the head of a covered
agency has not complied with a requirement of clause (i),
(ii), or (iii) for a proposed action--
``(AA) the amount that the head of the covered agency may
obligate from the account identified under subclause
(II)(bb)(AA) for the fiscal year during which the most recent
determination under item (aa) is made shall be reduced by 0.5
percent from the amount initially made available for the
account for that fiscal year; and
``(BB) the Director shall notify the head of the covered
agency of the determination under item (aa) and the reduction
under subitem (AA).

``(IV) Requirements.--

``(aa) Amounts not restored.--A reduction in the amount
that the head of a covered agency may obligate under
subclause (II)(bb)(BB) or (III)(bb)(AA) during a fiscal year
shall not be restored for that fiscal year, without regard to
whether the head of

[[Page S2895]]

a covered agency completes the NEPA process for the proposed
action with respect to which the Director made an initial
noncompliance determination or a determination under
subclause (III)(aa).
``(bb) Required timelines.--The violation of clause (ii) or
(iii), and any action carried out to remediate or otherwise
address the violation, shall not affect any other applicable
compliance date under clause (i), (ii), or (iii).
``(B) Authorizations and permits.--
``(i) In general.--Not later than 90 days after the date
described in paragraph (1)(B)(ii)(II), the head of a covered
agency shall issue--

``(I) any necessary permit or authorization to carry out
the proposed action; or
``(II) a denial of the permit or authorization necessary to
carry out the proposed action.

``(ii) Effect of failure to issue authorization or
permit.--If a permit or authorization described in clause (i)
is not issued or denied within the period described in that
subparagraph, the permit or authorization shall be considered
to be approved.
``(iii) Denial of permit or authorization.--

``(I) In general.--If a permit or authorization described
in clause (i) is denied, the head of the covered agency shall
describe to the project sponsor--

``(aa) the basis of the denial; and
``(bb) recommendations for the project sponsor with respect
to how to address the reasons for the denial.

``(II) Recommended changes.--If the project sponsor carries
out the recommendations of the head of the covered agency
under subclause (I)(bb) and notifies the head of the covered
agency that the recommendations have been carried out, the
head of the covered agency--

``(aa) shall decide whether to issue the permit or
authorization described in clause (i) not later than 90 days
after date on which the project sponsor submitted the
notification; and
``(bb) shall not carry out the NEPA process with respect to
the proposed action again.''.
______