[Congressional Record Volume 168, Number 38 (Wednesday, March 2, 2022)]
[Senate]
[Pages S954-S957]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




                           TEXT OF AMENDMENTS

  SA 4956. Mr. BARRASSO (for himself and Mr. Risch) submitted an 
amendment intended to be proposed by him to the bill H.R. 3076, to 
provide stability to and enhance the services of the United States 
Postal Service, and for other purposes; which was ordered to lie on the 
table; as follows:

       At the appropriate place, insert the following:

     SEC. ____. FERC APPLICATIONS.

       (a) In General.--The following policy statements issued by 
     the Federal Energy Regulatory Commission shall have no force 
     or effect until the date described in subsection (b):
       (1) The updated policy statement entitled ``Updated Policy 
     Statement on Certification of New Interstate Natural Gas 
     Facilities'' (Docket No. PL18-1-000 (February 18, 2022)).
       (2) The interim policy statement entitled ``Consideration 
     of Greenhouse Gas Emissions in Natural Gas Infrastructure 
     Project Reviews'' (Docket No. PL21-3-000 (February 18, 
     2022)).
       (b) Date Described.--The date referred to in subsection (a) 
     is the later of--
       (1) the date on which the Electric Reliability Organization 
     (as defined in section 215(a) of the Federal Power Act (16 
     U.S.C. 824o(a)) certifies that disruption to pipeline natural 
     gas supplies does not pose material risk to power system 
     reliability in any season of the year in the territory served 
     by any regional reliability entity, including the Western 
     Electricity Coordinating Council, the Midwest Reliability 
     Organization, the Texas Reliability Entity, and the Northeast 
     Power Coordinating Council; and
       (2) the date on which, as determined by the Administrator 
     of the Energy Information Administration, prices for natural 
     gas and wholesale electricity do not exceed, for not fewer 
     than 3 successive calendar quarters, the average of prices 
     for natural gas and wholesale electricity that were in effect 
     for calendar years 2018, 2019, and 2020.
       (c) Requirement to Timely Process FERC Applications.--
     Unless and until the conditions described in paragraphs (1) 
     and (2) of subsection (b) are met, the Federal Energy 
     Regulatory Commission shall timely process applications under 
     section 3(e) and section 7 of the Natural Gas Act (15 U.S.C. 
     717b(e), 717f) pursuant to the Federal Energy Regulatory 
     Commission 1999 Policy Statement on the Certification of New 
     Interstate Natural Gas Facilities (Docket No. PL99-3-000 
     (September 15, 1999)).
       (d) Right to Seek Relief.--Any party aggrieved by the 
     failure of the Federal Energy Regulatory Commission to 
     process an application described in subsection (c) in a 
     reasonable time period may seek equitable relief in any 
     Federal court of competent jurisdiction.
                                 ______
                                 
  SA 4957. Mr. BARRASSO submitted an amendment intended to be proposed 
by him to the bill H.R. 3076, to provide stability to and enhance the 
services of the United States Postal Service, and for other purposes; 
which was ordered to lie on the table; as follows:

       At the appropriate place, insert the following:

                       TITLE __--ENERGY SECURITY

     SEC. __01. SHORT TITLE.

       This title may be cited as the ``Energy Security 
     Cooperation with Allied Partners in Europe Act of 2021''.

     SEC. __02. STATEMENT OF POLICY.

       It is the policy of the United States--
       (1) to reduce the dependency of allies and partners of the 
     United States on Russian energy resources, especially natural 
     gas, in order for those countries to achieve lasting and 
     dependable energy security;
       (2) to condemn the Government of the Russian Federation 
     for, and to deter that government from, using its energy 
     resources as a geopolitical weapon to coerce, intimidate, and 
     influence other countries;
       (3) to improve energy security in Europe by increasing 
     access to diverse, reliable, and affordable energy;
       (4) to promote energy security in Europe by working with 
     the European Union and other allies of the United States to 
     develop liberalized energy markets that provide diversified 
     energy sources, suppliers, and routes;
       (5) to continue to strongly oppose the Nord Stream 2 
     pipeline based on its detrimental effects on the energy 
     security of the European Union and the economy of Ukraine and 
     other countries in Central Europe through which natural gas 
     is transported; and
       (6) to support countries that are allies or partners of the 
     United States by expediting the export of energy resources 
     from the United States.

     SEC. __03. NORTH ATLANTIC TREATY ORGANIZATION.

       The President should direct the United States Permanent 
     Representative on the Council of the North Atlantic Treaty 
     Organization (in this title referred to as ``NATO'') to use 
     the voice and influence of the United States to encourage 
     NATO member countries, including the United States, to work 
     together to achieve energy security for those countries and 
     countries in Europe and Eurasia that are partners of NATO.

     SEC. __04. TRANSATLANTIC ENERGY STRATEGY.

       (a) Sense of Congress.--It is the sense of Congress that 
     the United States and other NATO member countries should 
     explore ways to ensure that NATO member countries diversify 
     their energy supplies and routes in order to enhance their 
     energy security, including through the development of a 
     transatlantic energy strategy.
       (b) Transatlantic Energy Strategy.--
       (1) In general.--Not later than 180 days after the date of 
     the enactment of this Act, the Secretary of State, in 
     coordination with the Administrator of the United States 
     Agency for International Development and the Secretary of 
     Energy, shall submit to the appropriate congressional 
     committees a transatlantic energy strategy, to be presented 
     to NATO--
       (A) to enhance the energy security of NATO member countries 
     and countries that are partners of NATO; and
       (B) to increase exports of energy from the United States to 
     such countries.
       (2) Appropriate congressional committees defined.--In this 
     subsection, the term ``appropriate congressional committees'' 
     means--
       (A) the Committee on Foreign Relations and the Committee on 
     Energy and Natural Resources of the Senate; and
       (B) the Committee on Foreign Affairs and the Committee on 
     Energy and Commerce of the House of Representatives.

     SEC. __05. EXPEDITED APPROVAL OF EXPORTATION OF NATURAL GAS 
                   TO UNITED STATES ALLIES.

       (a) In General.--Section 3(c) of the Natural Gas Act (15 
     U.S.C. 717b(c)) is amended--
       (1) by inserting ``(1)'' before ``For purposes'';
       (2) by striking ``nation with which there is in effect a 
     free trade agreement requiring national treatment for trade 
     in natural gas'' and inserting ``foreign country described in 
     paragraph (2)''; and
       (3) by adding at the end the following:
       ``(2) A foreign country described in this paragraph is--
       ``(A) a nation with which there is in effect a free trade 
     agreement requiring national treatment for trade in natural 
     gas;
       ``(B) a member country of the North Atlantic Treaty 
     Organization;
       ``(C) subject to paragraph (3), Japan; and
       ``(D) any other foreign country if the Secretary of State, 
     in consultation with the Secretary of Defense, determines 
     that exportation of natural gas to that foreign country would 
     promote the national security interests of the United States.
       ``(3) The exportation of natural gas to Japan shall be 
     deemed to be consistent with the public interest pursuant to 
     paragraph (1), and applications for such exportation shall be 
     granted without modification or delay under that paragraph, 
     during only such period as the Treaty of Mutual Cooperation 
     and Security, signed at Washington January 19, 1960, and 
     entered into force June 23, 1960 (11 UST 1632; TIAS 4509), 
     between the United States and Japan, remains in effect.''.
       (b) Effective Date.--The amendments made by this section 
     shall apply with respect to applications for the 
     authorization to export natural gas under section 3 of the 
     Natural Gas Act (15 U.S.C. 717b) that are pending on, or 
     filed on or after, the date of the enactment of this Act.
                                 ______
                                 
  SA 4958. Ms. ERNST submitted an amendment intended to be proposed by

[[Page S955]]

her to the bill H.R. 3076, to provide stability to and enhance the 
services of the United States Postal Service, and for other purposes; 
which was ordered to lie on the table; as follows:

       At the end of section 101, add the following:
       (e) Studying Impact on Medicare Part B Premiums and 
     Preventing Any Significant Increase in Medicare Part B 
     Premiums.--
       (1) Study and reports.--
       (A) Study.--The Chief Actuary of the Centers for Medicare & 
     Medicaid Services Office of the Actuary (referred to in this 
     subsection as the ``Chief Actuary'') shall study the 
     potential impact of the implementation of the provisions of, 
     and amendments made by, this section (other than this 
     subsection) on monthly premiums under part B of title XVIII 
     of the Social Security Act (42 U.S.C. 1395j et seq.).
       (B) Pre-implementation report.--Not later than January 1, 
     2025, the Chief Actuary shall submit to Congress a report 
     containing the results of the study conducted under 
     subparagraph (A).
       (C) Ongoing reports on premium impact.--Not later than the 
     date on which the Chief Actuary determines the monthly 
     actuarial rate for enrollees age 65 and over in each of 2037 
     through 2042 for the succeeding calendar year according to 
     section 1839(a)(1) of the Social Security Act (42 U.S.C. 
     1395r(a)(1)), the Chief Actuary shall submit to Congress a 
     report on the amount of any projected increase in monthly 
     premiums under such part B for such succeeding calendar year 
     as a result of the implementation of the provisions of, and 
     amendments made by, this section (other than this 
     subsection).
       (2) Preventing any significant increase in part b 
     premiums.--Section 1839(a) of the Social Security Act (42 
     U.S.C. 1395r(a)) is amended--
       (A) in the second sentence of paragraph (1), by striking 
     ``and (7)'' and inserting ``(7), and (8)''; and
       (B) by adding at the end the following:
       ``(8)(A) For each applicable year (as defined in 
     subparagraph (C)), the Secretary shall reduce the amount of 
     the monthly premium otherwise established under paragraph (3) 
     for applicable enrollees by the amount the Secretary 
     determines necessary to ensure that any increase in monthly 
     premiums under this part for such enrollees as a result of 
     the implementation of the provisions of, and amendments made 
     by, section 101 of the Postal Service Reform Act of 2022 
     (other than subsection (e) of such section) is less than the 
     applicable amount for such year.
       ``(B) In this paragraph, the term `applicable amount' 
     means, with respect to an applicable year, $15, increased by 
     the percentage increase in the consumer price index for all 
     urban consumers (U.S. city average) for the period beginning 
     with July 2022 and ending with July of the year preceding the 
     year involved. Any amount determined under the preceding 
     sentence which is not a multiple of $1 shall be rounded to 
     the nearest multiple of $1 (or, if it is a multiple of 50 
     cents but not a multiple of $1, to the next higher multiple 
     of $1).
       ``(C) In this paragraph, the term `applicable year' means 
     any year (beginning with 2038 and ending with 2043) with 
     respect to which the projected increase in monthly premiums 
     under this part for the year (as reported under section 
     101(e)(1)(C) of the Postal Service Reform Act of 2022) as a 
     result of the implementation of the provisions of, and 
     amendments made by, section 101 of such Act (other than 
     subsection (e) of such section) would result in monthly 
     premiums under this part increasing by the applicable amount 
     for such year or more.
       ``(D) In this paragraph, the term `applicable enrollee' 
     means, with respect to an applicable year, an individual who 
     is not subject to a reduction in a premium subsidy pursuant 
     to subsection (i) for months in such year.''.
                                 ______
                                 
  SA 4959. Ms. ERNST submitted an amendment intended to be proposed by 
her to the bill H.R. 3076, to provide stability to and enhance the 
services of the United States Postal Service, and for other purposes; 
which was ordered to lie on the table; as follows:

       At the end of title II, add the following:

     SEC. 210. REPORT ON SAVINGS BY POLITICAL COMMITTEES DUE TO 
                   NONPROFIT MAILING DISCOUNTS.

       (a) In General.--Section 3626(e) of title 39, United States 
     Code, is amended by adding at the end the following:
       ``(3) Not later than 30 days after the last day of each 
     fiscal year, the Postal Service shall submit to the Committee 
     on Homeland Security and Governmental Affairs of the Senate 
     and the Committee on Oversight and Reform of the House of 
     Representatives a report that details the amount that each of 
     the following political committees saved during the fiscal 
     year by paying the discounted rates for qualified nonprofit 
     organizations under paragraph (1):
       ``(A) The Democratic Congressional Campaign Committee.
       ``(B) The Democratic Senatorial Campaign Committee.
       ``(C) The National Republican Congressional Committee.
       ``(D) The National Republican Senatorial Committee.''.
       (b) Technical and Conforming Amendments.--Section 
     3626(e)(2)(A) of title 39, United States Code, is amended--
       (1) by striking ``Republican and'' and inserting ``National 
     Republican Senatorial Committee, the'';
       (2) by striking ``Committees'' and inserting ``Committee''; 
     and
       (3) by striking ``National Congressional'' and inserting 
     ``Congressional Campaign''.
                                 ______
                                 
  SA 4960. Mr. GRASSLEY submitted an amendment intended to be proposed 
by him to the bill S. 1216, to extend the temporary scheduling order 
for fentanyl-related substances; which was ordered to lie on the table; 
as follows:

       In section 2, strike ``by striking `May 6, 2021' and 
     inserting `July 6, 2022' '' and insert the following: ``by 
     striking `March 11, 2022' and inserting `May 11, 2023' ''.
                                 ______
                                 
  SA 4961. Mr. MERKLEY submitted an amendment intended to be proposed 
by him to the bill H.R. 3076, to provide stability to and enhance the 
services of the United States Postal Service, and for other purposes; 
which was ordered to lie on the table; as follows:

       At the end of title II, add the following:

     SEC. 210. REPORT ON ELECTRIC VEHICLES.

       Not later than 45 days after the date of enactment of this 
     Act, the Postal Service shall submit to Congress a report 
     analyzing--
       (1) costs to the Postal Service of acquiring and operating 
     electric vehicles versus internal combustion vehicles over 
     the next 20 years, including assumptions about the price of 
     electricity and gasoline; and
       (2) any barrier to transitioning to a fleet of electric 
     vehicles that exists for the Postal Service but does not 
     exist, or does not exist to the same degree, for the 
     competitors of the Postal Service that are currently 
     purchasing electric vehicles.
                                 ______
                                 
  SA 4962. Mr. MERKLEY submitted an amendment intended to be proposed 
by him to the bill H.R. 3076, to provide stability to and enhance the 
services of the United States Postal Service, and for other purposes; 
which was ordered to lie on the table; as follows:

       At the end of title II, add the following:

     SEC. 210. PURCHASE OF NEXT GENERATION DELIVERY VEHICLES.

       In carrying out the Next Generation Delivery Vehicle 
     contract awarded to Oshkosh Defense on February 23, 2021, the 
     Postal Service may purchase not more than--
       (1) 200 internal combustion engine vehicles during fiscal 
     year 2022;
       (2) 1,000 internal combustion engine vehicles during fiscal 
     year 2023; and
       (3) 1,000 internal combustion engine vehicles during fiscal 
     year 2024.
                                 ______
                                 
  SA 4963. Mr. MERKLEY submitted an amendment intended to be proposed 
by him to the bill H.R. 3076, to provide stability to and enhance the 
services of the United States Postal Service, and for other purposes; 
which was ordered to lie on the table; as follows:

       At the appropriate place, insert the following:

     SEC. ___. RURAL POST OFFICES.

       (a) In General.--Section 404(d) of title 39, United States 
     Code, is amended--
       (1) in paragraph (1), by striking ``post office,'' and 
     inserting the following: ``post office and, with respect to a 
     determination to close a post office in a rural area, as 
     defined by the Census Bureau, including such a post office 
     that has been damaged or completely destroyed by fire, prior 
     to making the determinations required by paragraph (4),'';
       (2) in paragraph (3), by striking ``subsection.'' and 
     inserting ``subsection and, with respect to a determination 
     to close a post office located in a rural area, as defined by 
     the Census Bureau, including such a post office that has been 
     damaged or completely destroyed by fire, a summary of the 
     determinations required under paragraph (4).'';
       (3) by redesignating paragraphs (4), (5), and (6) as 
     paragraph (5), (6), and (7), respectively;
       (4) by inserting after paragraph (3) the following:
       ``(4) The Postal Service may not make a determination under 
     subsection (a)(3) to close a post office located in a rural 
     area, as defined by the Census Bureau, including such a post 
     office that has been damaged or completely destroyed by fire, 
     unless the Postal Service--
       ``(A)(i) determines that postal customers served by the 
     post office would continue after the closing to receive 
     substantially similar access to essential items, such as 
     prescription medications and time-sensitive communications, 
     that are sent through the mail; or
       ``(ii) takes action to substantially ameliorate any 
     projected reduction in access to essential items described in 
     clause (i); and
       ``(B) determines that--
       ``(i) businesses located in the community served by the 
     post office would not suffer substantial financial loss as a 
     result of the closing;
       ``(ii) any economic loss to the community served by the 
     post office as a result of the closing does not exceed the 
     cost to the Postal Service of not closing the post office;
       ``(iii) the area served by the post office has adequate 
     access to wired broadband internet service, as identified on 
     the National Broadband Map of the National Telecommunications 
     and Information Administration; and

[[Page S956]]

       ``(iv) there is a road connecting the community to another 
     post office that is not more than 10 miles from the post 
     office proposed to be closed (as measured on roads with year-
     round access).''; and
       (5) in paragraph (7), as so redesignated, by striking 
     ``(5)'' and inserting ``(6)''.
       (b) Moratorium on Closing Rural Post Offices.--
       (1) In general.--Notwithstanding section 404(d) of title 
     39, United States Code, during the 1-year period beginning on 
     the date of enactment of this Act, the Postal Service may not 
     close a post office located in a rural area, as defined by 
     the Census Bureau, including such a post office that has been 
     damaged or completely destroyed by fire, except as required 
     for the immediate protection of health and safety, or unless 
     there is no significant community opposition to such closure.
       (2) Rule of construction.--Nothing in paragraph (1) shall 
     be construed to limit the authority of the Postal Service to 
     implement cost-saving measures with respect to the post 
     offices described in that paragraph.
                                 ______
                                 
  SA 4964. Mrs. CAPITO submitted an amendment intended to be proposed 
by her to the bill H.R. 3076, to provide stability to and enhance the 
services of the United States Postal Service, and for other purposes; 
which was ordered to lie on the table; as follows:

       At the end, add the following:

          TITLE IV--REFORMS TO PROMOTE MORE AFFORDABLE ENERGY

     SEC. 401. LIMITING NEW RED TAPE AND COSTS FOR GASOLINE AND 
                   OTHER FUELS.

       (a) Prohibition of New Methane Regulations on Existing Oil 
     and Gas Sources.--The Administrator of the Environmental 
     Protection Agency (referred to in this section as the 
     ``Administrator'') shall not finalize any regulation relating 
     to methane emissions for existing oil and gas sources under 
     section 111(d) of the Clean Air Act (42 U.S.C. 7411(d)).
       (b) Waiver of Low Volatility Gasoline Requirements.--In 
     accordance with section 211(c)(4)(C)(ii) of the Clean Air Act 
     (42 U.S.C. 7545(c)(4)(C)(ii)), the Administrator shall 
     temporarily waive low volatility gasoline requirements for 
     any gasoline sold in the United States on or after the date 
     of enactment of this Act until the average price of gasoline 
     sold in the United States decreases to the average price of 
     gasoline sold on January 1, 2021, as determined using data 
     from the Energy Information Administration.
       (c) Preemption of State Low-carbon Fuel Standards.--Any 
     low-carbon fuel standard implemented by any State, including 
     any State-based program that regulates transportation fuels 
     on carbon intensity for the purpose of reducing greenhouse 
     gas emissions, is preempted by the Renewable Fuel Program 
     under section 211(o) of the Clean Air Act (42 U.S.C. 7545(o)) 
     for the purpose of better aligning the gasoline supply in the 
     United States.
       (d) Point of Order Against Legislation That Increases 
     Gasoline or Natural Gas Prices by Imposing Charge, Fee, or 
     Tax on Methane Emissions From the Oil and Gas Sector.--
       (1) Point of order.--It shall not be in order in the Senate 
     to consider any bill, joint resolution, motion, amendment, 
     amendment between the Houses, or conference report that 
     increases the price of gasoline or natural gas in the United 
     States through the imposition of a charge, fee, or tax on 
     methane emissions from the oil and gas sector.
       (2) Waiver and appeal.--Paragraph (1) may be waived or 
     suspended in the Senate only by an affirmative vote of three-
     fifths of the Members, duly chosen and sworn. An affirmative 
     vote of three-fifths of the Members of the Senate, duly 
     chosen and sworn, shall be required to sustain an appeal of 
     the ruling of the Chair on a point of order raised under 
     paragraph (1).
       (e) Prohibition on Use of Social Cost of Greenhouse Gas 
     Estimates Raising Gasoline Prices.--
       (1) In general.--In promulgating regulations, issuing 
     guidance, or taking any agency action (as defined in section 
     551 of title 5, United States Code) relating to the social 
     cost of greenhouse gases, no Federal agency shall adopt or 
     otherwise use any estimates for the social cost of greenhouse 
     gases that may raise gasoline prices, as determined through a 
     review by the Energy Information Administration.
       (2) Inclusion.--The estimates referred to in paragraph (1) 
     include the interim estimates in the document of the 
     Interagency Working Group on the Social Cost of Greenhouse 
     Gases entitled ``Technical Support Document: Social Cost of 
     Carbon, Methane, and Nitrous Oxide Interim Estimates under 
     Executive Order 13990'' and dated February 2021.

     SEC. 402. EXPEDITING PERMITTING AND REVIEW PROCESSES.

       (a) Definitions.--In this section:
       (1) Authorization.--The term ``authorization'' means any 
     license, permit, approval, finding, determination, or other 
     administrative decision issued by a Federal department or 
     agency that is required or authorized under Federal law in 
     order to site, construct, reconstruct, or commence operations 
     of an energy project, including any authorization described 
     in section 41001(3) of the FAST Act (42 U.S.C. 4370m(3)).
       (2) Energy project.--The term ``energy project'' means any 
     project involving the exploration, development, production, 
     transportation, combustion, transmission, or distribution of 
     an energy resource or electricity for which--
       (A) an authorization is required under a Federal law other 
     than the National Environmental Policy Act of 1969 (42 U.S.C. 
     4321 et seq.); and
       (B)(i) the head of the lead agency has determined that an 
     environmental impact statement is required; or
       (ii) the head of the lead agency has determined that an 
     environmental assessment is required, and the project sponsor 
     requests that the project be treated as an energy project.
       (3) Environmental impact statement.--The term 
     ``environmental impact statement'' means the detailed 
     statement of environmental impacts required to be prepared 
     under the National Environmental Policy Act of 1969 (42 
     U.S.C. 4321 et seq.).
       (4) Environmental review and authorization process.--The 
     term ``environmental review and authorization process'' 
     means--
       (A) the process for preparing for an energy project an 
     environmental impact statement, environmental assessment, 
     categorical exclusion, or other document prepared under the 
     National Environmental Policy Act of 1969 (42 U.S.C. 4321 et 
     seq.); and
       (B) the completion of any authorization decision required 
     for an energy project under any Federal law other than the 
     National Environmental Policy Act of 1969 (42 U.S.C. 4321 et 
     seq.).
       (5) Lead agency.--The term ``lead agency'' means--
       (A) the Department of Energy;
       (B) the Department of the Interior;
       (C) the Department of Agriculture;
       (D) the Federal Energy Regulatory Commission;
       (E) the Nuclear Regulatory Commission; or
       (F) any other appropriate Federal agency, as applicable, 
     that may be responsible for navigating the energy project 
     through the environmental review and authorization process.
       (6) Project sponsor.--The term ``project sponsor'' means an 
     agency or other entity, including any private or public-
     private entity, that seeks approval from a lead agency for an 
     energy project.
       (b) Timely Authorizations for Energy Projects.--
       (1) In general.--
       (A) Deadline.--Except as provided in subparagraph (C), all 
     authorization decisions necessary for the construction of an 
     energy project shall be completed by not later than 90 days 
     after the date of the issuance of a record of decision for 
     the energy project by the lead agency.
       (B) Detail.--The final environmental impact statement for 
     an energy project shall include an adequate level of detail 
     to inform decisions necessary for the role of any Federal 
     agency involved in the environmental review and authorization 
     process for the energy project.
       (C) Extension of deadline.--The head of a lead agency may 
     extend the deadline under subparagraph (A) if--
       (i) Federal law prohibits the lead agency or another agency 
     from issuing an approval or permit within the period 
     described in that subparagraph;
       (ii) the project sponsor requests that the permit or 
     approval follow a different timeline; or
       (iii) an extension would facilitate completion of the 
     environmental review and authorization process of the energy 
     project.
       (2) Energy project schedule.--To the maximum extent 
     practicable and consistent with applicable Federal law, for 
     an energy project, the lead agency shall develop, in 
     concurrence with the project sponsor, a schedule for the 
     energy project that is consistent with a time period of not 
     more than 2 years for the completion of the environmental 
     review and authorization process for an energy project, as 
     measured from, as applicable--
       (A) the date of publication of a notice of intent to 
     prepare an environmental impact statement to the record of 
     decision; or
       (B) the date on which the head of the lead agency 
     determines that an environmental assessment is required to a 
     finding of no significant impact.
       (3) Length of environmental impact statement.--
       (A) In general.--Notwithstanding any other provision of law 
     and except as provided in subparagraph (B), to the maximum 
     extent practicable, the text of the items described in 
     paragraphs (4) through (6) of section 1502.10(a) of title 40, 
     Code of Federal Regulations (or successor regulations), of an 
     environmental impact statement for an energy project shall be 
     200 pages or fewer.
       (B) Exemption.--The text referred to in subparagraph (A) of 
     an environmental impact statement for an energy project may 
     exceed 200 pages if the lead agency establishes a new page 
     limit for the environmental impact statement for that energy 
     project.
       (c) Deadline for Filing Energy-related Causes of Action.--
       (1) Definitions.--In this subsection:
       (A) Agency action.--The term ``agency action'' has the 
     meaning given the term in section 551 of title 5, United 
     States Code.
       (B) Energy-related cause of action.--The term ``energy-
     related cause of action'' means a cause of action that--
       (i) is filed on or after the date of enactment of this Act; 
     and
       (ii) seeks judicial review of a final agency action to 
     issue a permit, license, or other

[[Page S957]]

     form of agency permission for an energy project.
       (2) Deadline for filing.--
       (A) In general.--Notwithstanding any other provision of 
     Federal law, an energy-related cause of action shall be filed 
     by--
       (i) not later than 60 days after the date of publication of 
     the applicable final agency action; or
       (ii) if another Federal law provides for an earlier 
     deadline than the deadline described in clause (i), the 
     earlier deadline.
       (B) Prohibition.--An energy-related cause of action that is 
     not filed within the applicable time period described in 
     subparagraph (A) shall be barred.
       (d) Application of Categorical Exclusions for Energy 
     Projects.--In carrying out requirements under the National 
     Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.) for 
     an energy project, a Federal agency may use categorical 
     exclusions designated under that Act in the implementing 
     regulations of any other agency, subject to the conditions 
     that--
       (1) the agency makes a determination, in consultation with 
     the lead agency, that the categorical exclusion applies to 
     the energy project;
       (2) the energy project satisfies the conditions for a 
     categorical exclusion under the National Environmental Policy 
     Act of 1969 (42 U.S.C. 4321 et seq.); and
       (3) the use of the categorical exclusion does not otherwise 
     conflict with the implementing regulations of the agency, 
     except any list of the agency that designates categorical 
     exclusions.

     SEC. 403. PROVIDING REGULATORY CERTAINTY.

       (a) Waters of the United States.--The definitions of the 
     term ``waters of the United States'' and the other terms 
     defined in section 328.3 of title 33, Code of Federal 
     Regulations (as in effect on January 1, 2021), are enacted 
     into law.
       (b) Codification of Section 401 Certification Rule.--The 
     final rule of the Environmental Protection Agency entitled 
     ``Clean Water Act Section 401 Certification Rule'' (85 Fed. 
     Reg. 42210 (July 13, 2020)) is enacted into law.
       (c) Codification of Nationwide Permits.--The Nationwide 
     Permits issued, reissued, or modified, as applicable, in the 
     following final rules of the Corps of Engineers are enacted 
     into law:
       (1) The final rule of the Corps of Engineers entitled 
     ``Reissuance and Modification of Nationwide Permits'' (86 
     Fed. Reg. 2744 (January 13, 2021)).
       (2) The final rule of the Corps of Engineers entitled 
     ``Reissuance and Modification of Nationwide Permits'' (86 
     Fed. Reg. 73522 (December 27, 2021)).
                                 ______
                                 
  SA 4965. Mr. CORNYN submitted an amendment intended to be proposed by 
him to the bill H.R. 3076, to provide stability to and enhance the 
services of the United States Postal Service, and for other purposes; 
which was ordered to lie on the table; as follows:

       At the appropriate place, insert the following:

     SEC. __. INELIGIBILITY OF SHIPMENTS FROM CERTAIN COUNTRIES TO 
                   BE EXEMPTED FROM THE ADVANCE ELECTRONIC 
                   INFORMATION REQUIREMENT.

       Section 343(a)(3)(K)(vi)(II) of the Trade Act of 2002 (19 
     U.S.C. 1415(a)(3)(K)(vi)(II)) is amended, in the matter 
     preceding item (aa), by inserting ``, except for a covered 
     nation (as defined in section 4871(d)(2) of title 10, United 
     States Code),'' after ``exclude a country''.
                                 ______
                                 
  SA 4966. Mr. TOOMEY submitted an amendment intended to be proposed by 
him to the bill H.R. 3076, to provide stability to and enhance the 
services of the United States Postal Service, and for other purposes; 
which was ordered to lie on the table; as follows:

       At the appropriate place, insert the following:

     SEC. ___. RULE OF CONSTRUCTION.

       Nothing in this Act, or an amendment made by this Act, may 
     be construed to permit the United States Postal Service to 
     offer, directly or indirectly, financial services, including 
     by entering into an agreement with a third party to provide 
     financial services.
                                 ______
                                 
  SA 4967. Mr. MERKLEY submitted an amendment intended to be proposed 
by him to the bill H.R. 3076, to provide stability to and enhance the 
services of the United States Postal Service, and for other purposes; 
which was ordered to lie on the table; as follows:

       At the end of title II, add the following:

     SEC. 210. NEXT GENERATION DELIVERY VEHICLE CONTRACT.

       Not later than 30 days after the date of enactment of this 
     Act, the Postal Service shall make available to Congress an 
     unredacted version of the Next Generation Delivery Vehicle 
     contract awarded to Oshkosh Defense on February 23, 2021 
     (contract award number 3DVPRT-21-B-0002).
                                 ______
                                 
  SA 4968. Mr. SCOTT of Florida submitted an amendment intended to be 
proposed by him to the bill H.R. 3076, to provide stability to and 
enhance the services of the United States Postal Service, and for other 
purposes; which was ordered to lie on the table; as follows:

       At the end of title II, add the following:

     SEC. 210. REPAYMENT OF ORIGINAL CARES ACT LOAN REQUIRED.

       Section 6001 of the CARES Act (39 U.S.C. 101 note; Public 
     Law 116-136) is amended--
       (1) in the section heading, by striking ``funding'' and 
     inserting ``borrowing authority''; and
       (2) by striking subsection (c) and inserting the following:
       ``(c) Loan Repayment.--
       ``(1) In general.--Notwithstanding the amendments to this 
     section made by section 801 of division N of the Continuing 
     Appropriations Act, 2021 (Public Law 116-260; 134 Stat. 
     2119), the Postal Service shall repay any amounts received 
     from the Secretary of the Treasury under subsection (b).
       ``(2) Terms and conditions.--The agreement in principle 
     between the Secretary of the Treasury and the Postal Service 
     that was approved by the Board of Governors of the Postal 
     Service on July 28, 2020, and any subsequent agreement 
     entered into between the Secretary of the Treasury and the 
     Postal Service to implement the agreement in principle, shall 
     apply to the repayment of amounts under paragraph (1).''.
                                 ______
                                 
  SA 4969. Mr. SCOTT of Florida submitted an amendment intended to be 
proposed by him to the bill H.R. 3076, to provide stability to and 
enhance the services of the United States Postal Service, and for other 
purposes; which was ordered to lie on the table; as follows:

       On page 55, strike lines 15 through 18 and insert the 
     following:

     SEC. 202. PROHIBITION ON USE OF APPROPRIATED FUNDS TO 
                   SUBSIDIZE COMPETITIVE PRODUCTS.

       Section 3633 of title 39, United States Code, is amended by 
     adding at the end the following:
       ``(c) Prohibition on Use of Appropriated Funds to Subsidize 
     Competitive Products.--
       ``(1) In general.--In addition to the prohibitions under 
     subsection (a), the Postal Service may not use amounts that 
     are appropriated for other purposes to subsidize competitive 
     products or institutional costs that support competitive 
     products.
       ``(2) Rule of construction.--Nothing in paragraph (1) shall 
     be construed to affect the authorization of appropriations 
     under section 2401(c) to reimburse the Postal Service for 
     revenue forgone under sections 3217 and 3403 through 3406.''.

     SEC. 203. INTEGRATED DELIVERY NETWORK.

       (a) In General.--Section 101(b) of title 39, United States 
     Code, is amended by inserting before ``The Postal Service'' 
     the following: ``The Postal Service may maintain

                          ____________________