[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[S. 4679 Introduced in Senate (IS)]

<DOC>






118th CONGRESS
  2d Session
                                S. 4679

 To amend title XLI of the FAST Act to improve the Federal permitting 
                    process, and for other purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                July 11 (legislative day, July 10), 2024

  Mr. Peters introduced the following bill; which was read twice and 
referred to the Committee on Homeland Security and Governmental Affairs

_______________________________________________________________________

                                 A BILL


 
 To amend title XLI of the FAST Act to improve the Federal permitting 
                    process, and for other purposes.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Permitting Council Improvement Act 
of 2024''.

SEC. 2. FEDERAL PERMITTING IMPROVEMENT.

    (a) Definitions.--Section 41001(6) of the FAST Act (42 U.S.C. 
4370m(6)) is amended--
            (1) in subparagraph (B)--
                    (A) by redesignating clauses (i) and (ii) as 
                subclauses (I) and (II), respectively, and indenting 
                appropriately;
                    (B) in the matter preceding subclause (I) (as so 
                redesignated), by striking ``The term'' and inserting 
                the following:
                            ``(i) In general.--Subject to clause (ii), 
                        the term''; and
                    (C) by adding at the end the following:
                            ``(ii) Clarification for requirements 
                        needed to complete environmental reviews and 
                        authorizations of covered projects.--
                        Notwithstanding clause (i), the Department of 
                        Transportation or Army Corps of Engineers shall 
                        be subject to the requirements and other 
                        provisions of this title for any environmental 
                        review or authorization that the agency is 
                        required to complete, subject to the conditions 
                        that the project is a covered project and is 
                        not subject to section 139 of title 23, United 
                        States Code, or section 2045 of the Water 
                        Resources Development Act of 2007 (33 U.S.C. 
                        2348), as applicable.''; and
            (2) by adding at the end the following:
                    ``(D) Clarification.--For purposes of subparagraph 
                (A)(iii)(III), an activity shall be considered to be 
                located on land owned or under the jurisdiction of a 
                sponsoring entity if any part of the activity is 
                located on that land.''.
    (b) Federal Permitting Improvement Steering Council.--
            (1) In general.--Section 41002 of the FAST Act (42 U.S.C. 
        4370m-1) is amended--
                    (A) in subsection (b)(1)(A), by inserting ``, in 
                consultation with the majority leader of the Senate, 
                the Speaker of the House of Representatives, the 
                minority leader of the Senate, and the minority leader 
                of the House of Representatives'' after ``President''; 
                and
                    (B) in subsection (c)--
                            (i) in paragraph (1)--
                                    (I) by striking subparagraph (C);
                                    (II) by redesignating subparagraph 
                                (D) as subparagraph (C);
                                    (III) in subparagraph (C) (as so 
                                redesignated), in the matter preceding 
                                clause (i), by striking ``may recommend 
                                to the Director of the Office of 
                                Management and Budget or to the Council 
                                on Environmental Quality, as 
                                appropriate, that guidance be issued as 
                                necessary'' and inserting ``may issue 
                                guidance, as necessary,''; and
                                    (IV) by inserting after 
                                subparagraph (C) (as so redesignated) 
                                the following:
                    ``(D) Clarification of responsibilities.--Any 
                guidance issued by the Executive Director under 
                subparagraph (C)(i)--
                            ``(i) shall be consistent with the 
                        implementing regulations for NEPA promulgated 
                        by the Chair of the Council on Environmental 
                        Quality and contained in subchapter A of 
                        chapter V of title 40, Code of Federal 
                        Regulations (or successor regulations); and
                            ``(ii) shall not supersede those 
                        regulations with respect to the implementation 
                        of NEPA.''; and
                            (ii) in paragraph (2)(B), in the matter 
                        preceding clause (i), by striking ``covered 
                        projects'' and inserting ``covered projects and 
                        other projects in sectors described in section 
                        41001(6)(A)''.
            (2) Conforming amendments.--
                    (A) Section 41002(c)(2)(A)(i) of the FAST Act (42 
                U.S.C. 4370m-1(c)(2)(A)(i)) is amended by striking 
                ``and the performance schedules under paragraph 
                (1)(C)''.
                    (B) Section 41003(c)(2)(B) of the FAST Act (42 
                U.S.C. 4370m-2(c)(2)(B)) is amended, in the matter 
                preceding clause (i), by striking ``follow'' and all 
                that follows through ``relevant factors,'' and 
                inserting ``take into account relevant factors,''.
    (c) Permitting Process Improvement.--Section 41003 of the FAST Act 
(42 U.S.C. 4370m-2) is amended--
            (1) in subsection (a)(1)(C)--
                    (A) by redesignating clauses (ii) through (v) as 
                clauses (iii) through (vi), respectively; and
                    (B) by inserting after clause (i) the following:
                            ``(ii) a statement of the total investment 
                        required to plan, design, and construct the 
                        proposed project;''; and
            (2) in subsection (c)(2)--
                    (A) in subparagraph (C)--
                            (i) by striking clause (i) and inserting 
                        the following:
                            ``(i) In general.--The Executive Director, 
                        in consultation with appropriate agency 
                        officials and the project sponsor, shall, as 
                        necessary, mediate any disputes identified by 
                        the project sponsor or appropriate agency 
                        official for any affected agency relating to 
                        the content or timing of the permitting 
                        timetable established under subparagraph 
                        (A).'';
                            (ii) by redesignating clauses (ii) and 
                        (iii) as clauses (iii) and (iv), respectively;
                            (iii) by inserting after clause (i) the 
                        following:
                            ``(ii) Modified permitting timetable.--
                                    ``(I) In general.--As part of 
                                mediating a dispute relating to the 
                                content or timing of the permitting 
                                timetable established under 
                                subparagraph (A), the Executive 
                                Director may--
                                            ``(aa) propose a new 
                                        permitting timetable, or 
                                        modifications to a previously 
                                        adopted permitting timetable, 
                                        to resolve the dispute; and
                                            ``(bb) recommend that the 
                                        affected agencies adopt that 
                                        new or modified permitting 
                                        timetable.
                                    ``(II) Review and response.--Each 
                                affected agency shall have 7 business 
                                days to review and respond to the new 
                                or modified permitting timetable 
                                proposed under subclause (I)(aa) and if 
                                the agency determines that the agency 
                                is unable to adopt that new or modified 
                                timetable, that agency shall submit to 
                                the Executive Director, in writing, an 
                                explanation describing the reasons why 
                                the new or modified timetable is not 
                                feasible.''; and
                            (iv) in clause (iv) (as so redesignated), 
                        in the mattering preceding subclause (I), by 
                        striking ``clause (ii)'' and inserting ``clause 
                        (iii)'';
                    (B) in subparagraph (D)--
                            (i) in clause (i)--
                                    (I) in subclause (II), by inserting 
                                ``or alternative completion date'' 
                                after ``completion date''; and
                                    (II) in subclause (IV)--
                                            (aa) by striking ``final'' 
                                        each place it appears;
                                            (bb) by inserting ``or 
                                        alternative completion date 
                                        that is the final action'' 
                                        before ``under a permitting 
                                        timetable''; and
                                            (cc) by inserting ``or 
                                        alternative completion date 
                                        established under clause (v)'' 
                                        before ``, the facilitating or 
                                        lead agency'';
                            (ii) in clause (ii)--
                                    (I) by inserting ``or alternative 
                                completion date established under 
                                clause (v), as applicable,'' after ``A 
                                completion date''; and
                                    (II) by inserting ``or alternative 
                                completion date, as applicable'' after 
                                ``the completion date''; and
                            (iii) by adding at the end the following:
                            ``(v) Alternative completion date.--
                                    ``(I) In general.--If a Federal 
                                agency has missed or will miss an 
                                intermediate or final completion date 
                                originally established under 
                                subparagraph (A) for agency action on a 
                                covered project and fails to comply 
                                with the process for modification of a 
                                permitting timetable under clause (i), 
                                not later than 15 days after that 
                                intermediate or final completion date, 
                                the agency, in consultation with the 
                                facilitating or lead agency, as 
                                applicable, any relevant cooperating 
                                and participating agencies, and the 
                                project sponsor, shall submit to the 
                                Executive Director an alternative 
                                completion date for publication on the 
                                Dashboard.
                                    ``(II) Treatment.--An alternative 
                                completion date submitted under 
                                subclause (I) shall be subject to the 
                                same requirements for modification as 
                                other intermediate and final completion 
                                dates in the permitting timetable 
                                originally established under 
                                subparagraph (A).'';
                    (C) in subparagraph (F)--
                            (i) in the subparagraph heading, by 
                        striking ``Conforming to'' and inserting 
                        ``Compliance with'';
                            (ii) in clause (i), by striking ``conform 
                        to'' and inserting ``comply with''; and
                            (iii) by striking clause (ii) and inserting 
                        the following:
                            ``(ii) Failure to comply.--
                                    ``(I) In general.--If a Federal 
                                agency fails to comply with an 
                                intermediate or final completion date 
                                for the agency action on a covered 
                                project, not later than 5 business days 
                                after the date on which the 
                                intermediate or final completion date 
                                has been or will be missed, the agency 
                                shall submit to the Executive Director 
                                for publication on the Dashboard an 
                                explanation of--
                                            ``(aa) the specific reasons 
                                        for failing to comply with the 
                                        completion date; and
                                            ``(bb) actions the agency 
                                        will carry out to avoid 
                                        additional delays, including 
                                        actions to comply with the 
                                        alternative completion date 
                                        established under subparagraph 
                                        (D)(v).
                                    ``(II) Status report.--If a Federal 
                                agency fails to comply with 
                                requirements to establish a permitting 
                                timetable or the requirement to 
                                establish an alternative completion 
                                date under subparagraph (D)(v), each 
                                month until the month in which the 
                                Federal agency has established the 
                                permitting timetable or alternative 
                                completion date under that 
                                subparagraph, the Federal agency shall 
                                submit to the Executive Director for 
                                posting on the Dashboard a status 
                                report describing agency activity 
                                related to the project and actions to 
                                support the establishment of a 
                                permitting timetable or alternative 
                                completion date under that 
                                subparagraph.'';
                    (D) by redesignating subparagraph (G) as 
                subparagraph (H); and
                    (E) by inserting after subparagraph (F) the 
                following:
                    ``(G) Posting and reporting agency noncompliance 
                with permitting timetable modification and 
                noncompliance procedures.--
                            ``(i) In general.--Agency noncompliance 
                        with the permitting timetable modification 
                        procedures under subparagraph (D) or the 
                        compliance requirements under subparagraph (F) 
                        constitutes noncompliance with this title.
                            ``(ii) Indication of noncompliance.--The 
                        Executive Director shall post on the Dashboard, 
                        consistent with the requirements of subsection 
                        (b)(4)(B), all instances of agency 
                        noncompliance with permitting timetables 
                        described under subparagraphs (D) and (F).
                            ``(iii) Quarterly report.--
                                    ``(I) In general.--The Executive 
                                Director shall include in the quarterly 
                                agency performance report submitted to 
                                Congress pursuant to section 
                                41008(a)(2) all new and ongoing 
                                instances of agency noncompliance with 
                                subparagraphs (D) and (F).
                                    ``(II) Inclusion of project sponsor 
                                comments.--The Executive Director shall 
                                offer the relevant project sponsor of a 
                                covered project that is in 
                                noncompliance with subparagraph (D) or 
                                (F) the opportunity to provide for 
                                inclusion in the quarterly agency 
                                performance report submitted to 
                                Congress pursuant to section 
                                41008(a)(2) the views of the project 
                                sponsor with respect to--
                                            ``(aa) the cause of delay 
                                        and agency noncompliance; and
                                            ``(bb) ways to avoid those 
                                        delays and noncompliance in the 
                                        future.''.
    (d) Reports.--
            (1) Reports to congress.--
                    (A) In general.--Section 41008 of the FAST Act (42 
                U.S.C. 4370m-7) is amended--
                            (i) by striking the section designation and 
                        heading and all that follows through ``Not 
                        later than'' in subsection (a)(1)(A) and 
                        inserting the following:

``SEC. 41008. REPORTS TO CONGRESS.

    ``(a) Executive Director Annual Report.--
            ``(1) In general.--Not later than'';
                            (ii) by striking subsection (b); and
                            (iii) in subsection (a)--
                                    (I) by redesignating paragraphs (2) 
                                and (3) as subsections (b) and (c), 
                                respectively, and indenting 
                                appropriately; and
                                    (II) in paragraph (1) (as so 
                                amended)--
                                            (aa) by striking 
                                        ``Infrastructure Investment and 
                                        Jobs Act'' and inserting 
                                        ``Permitting Council 
                                        Improvement Act of 2024'';
                                            (bb) by striking ``fiscal 
                                        year.'' and inserting the 
                                        following: ``fiscal year, which 
                                        shall include--
                            ``(i) a summary of permitting timetable 
                        trends for sectors described in section 
                        41001(6)(A), including a description of 
                        contributing factors that affect project 
                        timelines;
                            ``(ii)(I) descriptions of activities 
                        carried out by the Council in furtherance of 
                        its role as a Federal center for permitting 
                        excellence; and
                            ``(II) an analysis of how those activities 
                        have affected Federal permitting processes and 
                        authorizations;
                            ``(iii) a description of each transfer made 
                        under section 41009(c)(3), including the amount 
                        of funds transferred and to whom the funds were 
                        transferred; and
                            ``(iv) any other information the Executive 
                        Director determines relevant to report on 
                        implementation of this title.'';
                                            (cc) by redesignating 
                                        subparagraph (B) as paragraph 
                                        (2) and indenting 
                                        appropriately; and
                                            (dd) in paragraph (2) (as 
                                        so redesignated), by striking 
                                        ``subparagraph (A)'' and 
                                        inserting ``paragraph (1)''.
                    (B) Clerical amendment.--The table of contents 
                contained in section 1(b) of the FAST Act (Public Law 
                114-94; 129 Stat. 1319) is amended by striking the item 
                relating to section 41008 and inserting the following:

``Sec. 41008. Reports to Congress.''.
            (2) One-time reports.--
                    (A) Report on permitting workforce.--Not later than 
                18 months after the date of enactment of this Act, the 
                Executive Director of the Federal Permitting 
                Improvement Steering Council, in consultation with the 
                Director of the Office of Personnel Management and the 
                Director of the Office of Management and Budget, shall 
                submit to Congress a report that--
                            (i) assesses current and projected needs in 
                        human capital at Federal agencies responsible 
                        for issuing permits; and
                            (ii) makes recommendations for how to 
                        improve the Federal permitting workforce.
                    (B) Report on dashboard.--Not later than 18 months 
                after the date of enactment of this Act, the Executive 
                Director of the Federal Permitting Improvement Steering 
                Council, in coordination with the Secretary of 
                Transportation and Administrator of General Services, 
                shall submit to Congress a report that assesses, and 
                makes recommendations on how to improve--
                            (i) the usability of the Permitting 
                        Dashboard required under section 41003(b) of 
                        the FAST Act (42 U.S.C. 4370m-2(b)); and
                            (ii) the quality and usefulness of 
                        information on the Dashboard.
                    (C) Inclusion in annual reports.--The reports 
                required under subparagraphs (A) and (B) may be 
                included in an annual report required to be submitted 
                to Congress pursuant to subsection (a)(1) of section 
                41008 of the FAST Act (42 U.S.C. 4370m-7) (as amended 
                by paragraph (1)(A)).
            (3) Repeal of gao report.--
                    (A) In general.--Section 41011 of the FAST Act (42 
                U.S.C. 4370m-10) is repealed.
                    (B) Clerical amendment.--The table of contents 
                contained in section 1(b) of the FAST Act (Public Law 
                114-94; 129 Stat. 1319) is amended by striking the item 
                relating to section 41011.
    (e) Funding for Governance, Oversight, and Processing of 
Environmental Reviews and Permits.--Section 41009 of the FAST Act (42 
U.S.C. 4370m-8) is amended--
            (1) in subsection (a), by striking ``projects to reimburse 
        the United States for reasonable costs incurred in conducting 
        environmental reviews and authorizations for covered 
        projects.'' and inserting ``projects.'';
            (2) by striking subsections (b) and (c) and inserting the 
        following:
    ``(b) Fee Structure.--The fee structure established under 
subsection (a) shall--
            ``(1) enable the Executive Director to assess appropriate 
        fees for each covered project based on relevant factors, 
        including--
                    ``(A) the total investment required for the covered 
                project stated by the project sponsor in the notice of 
                the initiation of a proposed covered project pursuant 
                to section 41003(a)(1);
                    ``(B) the anticipated complexity of the 
                environmental review and authorization process for the 
                covered project; and
                    ``(C) the resources available to each participating 
                agency to conduct environmental reviews and issue 
                authorizations for the covered project;
            ``(2) be developed in consultation with affected project 
        proponents, industries, and other stakeholders;
            ``(3) not exceed 1 percent of the total investment required 
        for the covered project stated by the project sponsor in the 
        notice of the initiation of a proposed covered project pursuant 
        to section 41003(a)(1); and
            ``(4) exclude parties for which the fee would impose an 
        undue financial burden or is otherwise determined to be 
        inappropriate.'';
            (3) by redesignating subsections (d) through (f) as 
        subsections (c) through (e), respectively;
            (4) in subsection (c) (as so redesignated)--
                    (A) in paragraph (2), by inserting ``making 
                investments to improve Federal environmental reviews 
                and authorizations and supporting infrastructure 
                permitting processes,'' after ``agency project 
                managers,''; and
                    (B) by striking paragraph (3) and inserting the 
                following:
            ``(3) Transfer.--For the purpose of carrying out this 
        title, the Executive Director, in consultation with the 
        Director of the Office of Management and Budget, may transfer 
        amounts in the Fund to other Federal agencies, State and local 
        governments, Indian Tribes (as defined in section 4 of the 
        Indian Self-Determination and Education Assistance Act (25 
        U.S.C. 5304)), Alaska Native Corporations, and Native Hawaiian 
        organizations (as defined in section 6207 of the Elementary and 
        Secondary Education Act of 1965 (20 U.S.C. 7517)) (including 
        the Department of Hawaiian Home Lands and the Office of 
        Hawaiian Affairs) to facilitate timely and efficient 
        environmental reviews and authorizations, including activities 
        described in paragraph (2), for covered projects and other 
        projects in sectors described in section 41001(6)(A), including 
        direct reimbursement agreements with agency CERPOs, 
        reimbursable agreements, and approval and consultation 
        processes and staff for covered projects and other projects in 
        sectors described in section 41001(6)(A).
            ``(4) Authorization of appropriations.--
                    ``(A) In general.--In addition to amounts deposited 
                in the Fund under paragraph (1), there are authorized 
                to be appropriated for deposit in the Fund--
                            ``(i) for fiscal year 2025, $12,000,000;
                            ``(ii) for fiscal year 2026, $13,500,000;
                            ``(iii) for fiscal year 2027, $15,000,000;
                            ``(iv) for fiscal year 2028, $16,500,000;
                            ``(v) for fiscal year 2029, $18,000,000;
                            ``(vi) for fiscal year 2030, $19,500,000; 
                        and
                            ``(vii) for fiscal year 2031, $21,000,000.
                    ``(B) Availability.--Amounts made available 
                pursuant to subparagraph (A) shall remain available 
                until expended.''; and
            (5) in subsection (d) (as so redesignated), by striking 
        ``subsection (d)'' and inserting ``subsection (c)''.
    (f) Savings Clause Modification.--Section 11503 of the FAST Act 
(Public Law 114-94; 129 Stat. 1691) is amended--
            (1) by striking subsection (b); and
            (2) by redesignating subsection (c) as subsection (b).
    (g) Technical Amendment.--The table of contents contained in 
section 1(b) of the FAST Act (Public Law 114-94; 129 Stat. 1319) is 
amended by striking the item relating to section 41013.
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