[Congressional Record Volume 166, Number 107 (Wednesday, June 10, 2020)]
[Senate]
[Page S2895]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

  SA 1649. 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) Categorical Exclusions.--
       ``(1) Definitions.--In this subsection:
       ``(A) Environmental assessment.--The term `environmental 
     assessment' has the meaning given the term in section 1508.9 
     of title 40, Code of Federal Regulations (or a successor 
     regulation).
       ``(B) 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)).
       ``(2) Categorical exclusions.--
       ``(A) In general.--Notwithstanding any other provision of 
     law and subject to subparagraph (B), in carrying out projects 
     using amounts from the Fund, the head of a covered agency 
     may, without further approval, use a categorical exclusion 
     under title I of the National Environmental Policy Act of 
     1969 (42 U.S.C. 4331 et seq.) that has been approved by--
       ``(i)(I) another covered agency; and
       ``(II) the Council on Environmental Quality; or
       ``(ii) an Act of Congress.
       ``(B) Requirements.--The head of a covered agency may use a 
     categorical exclusion described in subparagraph (A) if the 
     head of the covered agency--
       ``(i) carefully reviews the description of the proposed 
     action to ensure that it fits within the category of actions 
     described in the categorical exclusion; and
       ``(ii) considers the circumstances associated with the 
     proposed action to ensure that there are no extraordinary 
     circumstances that warrant the preparation of an 
     environmental assessment or an environmental impact 
     statement.''.
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