[Congressional Record Volume 166, Number 107 (Wednesday, June 10, 2020)]
[Senate]
[Page S2893]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

  SA 1645. 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. ___. PROHIBITIONS OF CONSIDERATION OF ALTERNATIVES UNDER 
                   NEPA.

       Section 200402 of title 54, United States Code (as added by 
     section 2(a)), is amended by adding at the end the following:
       ``(l) Prohibitions Under NEPA Analysis.--
       ``(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) Prohibitions under nepa.--In carrying out the NEPA 
     process for a proposed action, the head of a covered agency 
     may not--
       ``(A) consider an alternative to the proposed action if the 
     proposed action is not technically or economically feasible 
     to the project sponsor; or
       ``(B) consider an alternative to the proposed action that 
     is not within the jurisdiction of the covered agency.''.
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