[Congressional Record Volume 167, Number 137 (Monday, August 2, 2021)]
[Senate]
[Page S5641]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

  SA 2253. Mr. LEE submitted an amendment intended to be proposed to 
amendment SA 2137 proposed by Mr. Schumer (for Ms. Sinema (for herself, 
Mr. Portman, Mr. Manchin, Mr. Cassidy, Mrs. Shaheen, Ms. Collins, Mr. 
Tester, Ms. Murkowski, Mr. Warner, and Mr. Romney)) to the bill H.R. 
3684, to authorize funds for Federal-aid highways, highway safety 
programs, and transit programs, and for other purposes; which was 
ordered to lie on the table; as follows:

        At the end of the amendment, add the following:

 DIVISION __--REQUIRED REPORTS UNDER THE NATIONAL ENVIRONMENTAL POLICY 
                                  ACT

     SEC. __. REQUIRED REPORTS UNDER NEPA.

       Title I of the National Environmental Policy Act of 1969 is 
     amended--
       (1) by redesignating section 105 (42 U.S.C. 4335) as 
     section 106; and
       (2) by inserting after section 104 (42 U.S.C. 4334) the 
     following:

     ``SEC. 105. REQUIRED REPORTS.

       ``(a) Definitions.--In this section:
       ``(1) Environmental assessment.--The term `environmental 
     assessment' has the meaning given the term in section 1508.1 
     of title 40, Code of Federal Regulations (or a successor 
     regulation).
       ``(2) Environmental impact statement.--The term 
     `environmental impact statement' means a detailed statement 
     required under section 102(2)(C).
       ``(3) Federal agency.--The term `Federal agency' includes a 
     State that has assumed responsibility under section 327 of 
     title 23, United States Code.
       ``(4) Head of a federal agency.--The term `head of a 
     Federal agency' includes the governor or head of an 
     applicable State agency of a State that has assumed 
     responsibility under section 327 of title 23, United States 
     Code.
       ``(5) NEPA process.--
       ``(A) In general.--The term `NEPA process' means the 
     entirety of every process, analysis, or other measure, 
     including an environmental impact statement, required to be 
     carried out by a Federal agency under this title before the 
     agency undertakes a proposed action.
       ``(B) Period.--For purposes of subparagraph (A), the NEPA 
     process--
       ``(i) begins on the date on which the head of a Federal 
     agency receives an application for a proposed action from a 
     project sponsor; and
       ``(ii) ends on the date on which the Federal agency issues, 
     with respect to the proposed action--

       ``(I) a record of decision, including, if necessary, a 
     revised record of decision;
       ``(II) a finding of no significant impact; or
       ``(III) a categorical exclusion under this title.

       ``(6) Project sponsor.--The term `project sponsor' means a 
     Federal agency or other entity, including a private or 
     public-private entity, that seeks approval of a proposed 
     action.
       ``(b) Reports.--
       ``(1) NEPA data.--
       ``(A) In general.--The head of each Federal agency that 
     carries out the NEPA process shall carry out a process to 
     track, and annually submit to Congress a report containing, 
     the information described in subparagraph (B).
       ``(B) Information described.--The information referred to 
     in subparagraph (A) is, with respect to the Federal agency 
     issuing the report under that subparagraph--
       ``(i) the number of proposed actions for which a 
     categorical exclusion was issued during the reporting period;
       ``(ii) the length of time the Federal agency took to issue 
     the categorical exclusions described in clause (i);
       ``(iii) the number of proposed actions pending on the date 
     on which the report is submitted for which the issuance of a 
     categorical exclusion is pending;
       ``(iv) the number of proposed actions for which an 
     environmental assessment was issued during the reporting 
     period;
       ``(v) the length of time the Federal agency took to 
     complete each environmental assessment described in clause 
     (iv);
       ``(vi) the number of proposed actions pending on the date 
     on which the report is submitted for which an environmental 
     assessment is being drafted;
       ``(vii) the number of proposed actions for which an 
     environmental impact statement was issued during the 
     reporting period;
       ``(viii) the length of time the Federal agency took to 
     complete each environmental impact statement described in 
     clause (vii); and
       ``(ix) the number of proposed actions pending on the date 
     on which the report is submitted for which an environmental 
     impact statement is being drafted.
       ``(2) NEPA costs.--
       ``(A) In general.--Not later than 1 year after the date of 
     enactment of this subsection, the Chair of the Council on 
     Environmental Quality and the Director of the Office of 
     Management and Budget shall jointly develop a methodology to 
     assess the comprehensive costs of the NEPA process.
       ``(B) Requirements.--The head of each Federal agency that 
     carries out the NEPA process shall--
       ``(i) adopt the methodology developed under subparagraph 
     (A); and
       ``(ii) use the methodology developed under subparagraph (A) 
     to annually submit to Congress a report describing--

       ``(I) the comprehensive cost of the NEPA process for each 
     proposed action that was carried out within the reporting 
     period; and
       ``(II) for a proposed action for which the head of the 
     Federal agency is still completing the NEPA process at the 
     time the report is submitted--

       ``(aa) the amount of money expended to date to carry out 
     the NEPA process for the proposed action; and
       ``(bb) an estimate of the remaining costs before the NEPA 
     process for the proposed action is complete.''.
                                 ______