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

<DOC>

                                                       Calendar No. 698
118th CONGRESS
  2d Session
                                S. 4679

                          [Report No. 118-292]

 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 (for himself and Mr. Lankford) introduced the following 
 bill; which was read twice and referred to the Committee on Homeland 
                   Security and Governmental Affairs

                           December 16, 2024

               Reported by Mr. Peters, with an amendment
 [Strike out all after the enacting clause and insert the part printed 
                               in italic]

_______________________________________________________________________

                                 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,

<DELETED>SECTION 1. SHORT TITLE.</DELETED>

<DELETED>    This Act may be cited as the ``Permitting Council 
Improvement Act of 2024''.</DELETED>

<DELETED>SEC. 2. FEDERAL PERMITTING IMPROVEMENT.</DELETED>

<DELETED>    (a) Definitions.--Section 41001(6) of the FAST Act (42 
U.S.C. 4370m(6)) is amended--</DELETED>
        <DELETED>    (1) in subparagraph (B)--</DELETED>
                <DELETED>    (A) by redesignating clauses (i) and (ii) 
                as subclauses (I) and (II), respectively, and indenting 
                appropriately;</DELETED>
                <DELETED>    (B) in the matter preceding subclause (I) 
                (as so redesignated), by striking ``The term'' and 
                inserting the following:</DELETED>
                        <DELETED>    ``(i) In general.--Subject to 
                        clause (ii), the term''; and</DELETED>
                <DELETED>    (C) by adding at the end the 
                following:</DELETED>
                        <DELETED>    ``(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</DELETED>
        <DELETED>    (2) by adding at the end the following:</DELETED>
                <DELETED>    ``(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.''.</DELETED>
<DELETED>    (b) Federal Permitting Improvement Steering Council.--
</DELETED>
        <DELETED>    (1) In general.--Section 41002 of the FAST Act (42 
        U.S.C. 4370m-1) is amended--</DELETED>
                <DELETED>    (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</DELETED>
                <DELETED>    (B) in subsection (c)--</DELETED>
                        <DELETED>    (i) in paragraph (1)--</DELETED>
                                <DELETED>    (I) by striking 
                                subparagraph (C);</DELETED>
                                <DELETED>    (II) by redesignating 
                                subparagraph (D) as subparagraph 
                                (C);</DELETED>
                                <DELETED>    (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</DELETED>
                                <DELETED>    (IV) by inserting after 
                                subparagraph (C) (as so redesignated) 
                                the following:</DELETED>
                <DELETED>    ``(D) Clarification of responsibilities.--
                Any guidance issued by the Executive Director under 
                subparagraph (C)(i)--</DELETED>
                        <DELETED>    ``(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</DELETED>
                        <DELETED>    ``(ii) shall not supersede those 
                        regulations with respect to the implementation 
                        of NEPA.''; and</DELETED>
                        <DELETED>    (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)''.</DELETED>
        <DELETED>    (2) Conforming amendments.--</DELETED>
                <DELETED>    (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)''.</DELETED>
                <DELETED>    (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,''.</DELETED>
<DELETED>    (c) Permitting Process Improvement.--Section 41003 of the 
FAST Act (42 U.S.C. 4370m-2) is amended--</DELETED>
        <DELETED>    (1) in subsection (a)(1)(C)--</DELETED>
                <DELETED>    (A) by redesignating clauses (ii) through 
                (v) as clauses (iii) through (vi), respectively; 
                and</DELETED>
                <DELETED>    (B) by inserting after clause (i) the 
                following:</DELETED>
                        <DELETED>    ``(ii) a statement of the total 
                        investment required to plan, design, and 
                        construct the proposed project;''; 
                        and</DELETED>
        <DELETED>    (2) in subsection (c)(2)--</DELETED>
                <DELETED>    (A) in subparagraph (C)--</DELETED>
                        <DELETED>    (i) by striking clause (i) and 
                        inserting the following:</DELETED>
                        <DELETED>    ``(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).'';</DELETED>
                        <DELETED>    (ii) by redesignating clauses (ii) 
                        and (iii) as clauses (iii) and (iv), 
                        respectively;</DELETED>
                        <DELETED>    (iii) by inserting after clause 
                        (i) the following:</DELETED>
                        <DELETED>    ``(ii) Modified permitting 
                        timetable.--</DELETED>
                                <DELETED>    ``(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--</DELETED>
                                        <DELETED>    ``(aa) propose a 
                                        new permitting timetable, or 
                                        modifications to a previously 
                                        adopted permitting timetable, 
                                        to resolve the dispute; 
                                        and</DELETED>
                                        <DELETED>    ``(bb) recommend 
                                        that the affected agencies 
                                        adopt that new or modified 
                                        permitting timetable.</DELETED>
                                <DELETED>    ``(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</DELETED>
                        <DELETED>    (iv) in clause (iv) (as so 
                        redesignated), in the mattering preceding 
                        subclause (I), by striking ``clause (ii)'' and 
                        inserting ``clause (iii)'';</DELETED>
                <DELETED>    (B) in subparagraph (D)--</DELETED>
                        <DELETED>    (i) in clause (i)--</DELETED>
                                <DELETED>    (I) in subclause (II), by 
                                inserting ``or alternative completion 
                                date'' after ``completion date''; 
                                and</DELETED>
                                <DELETED>    (II) in subclause (IV)--
                                </DELETED>
                                        <DELETED>    (aa) by striking 
                                        ``final'' each place it 
                                        appears;</DELETED>
                                        <DELETED>    (bb) by inserting 
                                        ``or alternative completion 
                                        date that is the final action'' 
                                        before ``under a permitting 
                                        timetable''; and</DELETED>
                                        <DELETED>    (cc) by inserting 
                                        ``or alternative completion 
                                        date established under clause 
                                        (v)'' before ``, the 
                                        facilitating or lead 
                                        agency'';</DELETED>
                        <DELETED>    (ii) in clause (ii)--</DELETED>
                                <DELETED>    (I) by inserting ``or 
                                alternative completion date established 
                                under clause (v), as applicable,'' 
                                after ``A completion date''; 
                                and</DELETED>
                                <DELETED>    (II) by inserting ``or 
                                alternative completion date, as 
                                applicable'' after ``the completion 
                                date''; and</DELETED>
                        <DELETED>    (iii) by adding at the end the 
                        following:</DELETED>
                        <DELETED>    ``(v) Alternative completion 
                        date.--</DELETED>
                                <DELETED>    ``(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.</DELETED>
                                <DELETED>    ``(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).'';</DELETED>
                <DELETED>    (C) in subparagraph (F)--</DELETED>
                        <DELETED>    (i) in the subparagraph heading, 
                        by striking ``Conforming to'' and inserting 
                        ``Compliance with'';</DELETED>
                        <DELETED>    (ii) in clause (i), by striking 
                        ``conform to'' and inserting ``comply with''; 
                        and</DELETED>
                        <DELETED>    (iii) by striking clause (ii) and 
                        inserting the following:</DELETED>
                        <DELETED>    ``(ii) Failure to comply.--
                        </DELETED>
                                <DELETED>    ``(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--</DELETED>
                                        <DELETED>    ``(aa) the 
                                        specific reasons for failing to 
                                        comply with the completion 
                                        date; and</DELETED>
                                        <DELETED>    ``(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).</DELETED>
                                <DELETED>    ``(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.'';</DELETED>
                <DELETED>    (D) by redesignating subparagraph (G) as 
                subparagraph (H); and</DELETED>
                <DELETED>    (E) by inserting after subparagraph (F) 
                the following:</DELETED>
                <DELETED>    ``(G) Posting and reporting agency 
                noncompliance with permitting timetable modification 
                and noncompliance procedures.--</DELETED>
                        <DELETED>    ``(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.</DELETED>
                        <DELETED>    ``(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).</DELETED>
                        <DELETED>    ``(iii) Quarterly report.--
                        </DELETED>
                                <DELETED>    ``(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).</DELETED>
                                <DELETED>    ``(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--
                                </DELETED>
                                        <DELETED>    ``(aa) the cause 
                                        of delay and agency 
                                        noncompliance; and</DELETED>
                                        <DELETED>    ``(bb) ways to 
                                        avoid those delays and 
                                        noncompliance in the 
                                        future.''.</DELETED>
<DELETED>    (d) Reports.--</DELETED>
        <DELETED>    (1) Reports to congress.--</DELETED>
                <DELETED>    (A) In general.--Section 41008 of the FAST 
                Act (42 U.S.C. 4370m-7) is amended--</DELETED>
                        <DELETED>    (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:</DELETED>

<DELETED>``SEC. 41008. REPORTS TO CONGRESS.</DELETED>

<DELETED>    ``(a) Executive Director Annual Report.--</DELETED>
        <DELETED>    ``(1) In general.--Not later than'';</DELETED>
                        <DELETED>    (ii) by striking subsection (b); 
                        and</DELETED>
                        <DELETED>    (iii) in subsection (a)--
                        </DELETED>
                                <DELETED>    (I) by redesignating 
                                paragraphs (2) and (3) as subsections 
                                (b) and (c), respectively, and 
                                indenting appropriately; and</DELETED>
                                <DELETED>    (II) in paragraph (1) (as 
                                so amended)--</DELETED>
                                        <DELETED>    (aa) by striking 
                                        ``Infrastructure Investment and 
                                        Jobs Act'' and inserting 
                                        ``Permitting Council 
                                        Improvement Act of 
                                        2024'';</DELETED>
                                        <DELETED>    (bb) by striking 
                                        ``fiscal year.'' and inserting 
                                        the following: ``fiscal year, 
                                        which shall include--</DELETED>
                        <DELETED>    ``(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;</DELETED>
                        <DELETED>    ``(ii)(I) descriptions of 
                        activities carried out by the Council in 
                        furtherance of its role as a Federal center for 
                        permitting excellence; and</DELETED>
                        <DELETED>    ``(II) an analysis of how those 
                        activities have affected Federal permitting 
                        processes and authorizations;</DELETED>
                        <DELETED>    ``(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</DELETED>
                        <DELETED>    ``(iv) any other information the 
                        Executive Director determines relevant to 
                        report on implementation of this 
                        title.'';</DELETED>
                                        <DELETED>    (cc) by 
                                        redesignating subparagraph (B) 
                                        as paragraph (2) and indenting 
                                        appropriately; and</DELETED>
                                        <DELETED>    (dd) in paragraph 
                                        (2) (as so redesignated), by 
                                        striking ``subparagraph (A)'' 
                                        and inserting ``paragraph 
                                        (1)''.</DELETED>
                <DELETED>    (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:</DELETED>

<DELETED>``Sec. 41008. Reports to Congress.''.
        <DELETED>    (2) One-time reports.--</DELETED>
                <DELETED>    (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--</DELETED>
                        <DELETED>    (i) assesses current and projected 
                        needs in human capital at Federal agencies 
                        responsible for issuing permits; and</DELETED>
                        <DELETED>    (ii) makes recommendations for how 
                        to improve the Federal permitting 
                        workforce.</DELETED>
                <DELETED>    (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--</DELETED>
                        <DELETED>    (i) the usability of the 
                        Permitting Dashboard required under section 
                        41003(b) of the FAST Act (42 U.S.C. 4370m-
                        2(b)); and</DELETED>
                        <DELETED>    (ii) the quality and usefulness of 
                        information on the Dashboard.</DELETED>
                <DELETED>    (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)).</DELETED>
        <DELETED>    (3) Repeal of gao report.--</DELETED>
                <DELETED>    (A) In general.--Section 41011 of the FAST 
                Act (42 U.S.C. 4370m-10) is repealed.</DELETED>
                <DELETED>    (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.</DELETED>
<DELETED>    (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--</DELETED>
        <DELETED>    (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.'';</DELETED>
        <DELETED>    (2) by striking subsections (b) and (c) and 
        inserting the following:</DELETED>
<DELETED>    ``(b) Fee Structure.--The fee structure established under 
subsection (a) shall--</DELETED>
        <DELETED>    ``(1) enable the Executive Director to assess 
        appropriate fees for each covered project based on relevant 
        factors, including--</DELETED>
                <DELETED>    ``(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);</DELETED>
                <DELETED>    ``(B) the anticipated complexity of the 
                environmental review and authorization process for the 
                covered project; and</DELETED>
                <DELETED>    ``(C) the resources available to each 
                participating agency to conduct environmental reviews 
                and issue authorizations for the covered 
                project;</DELETED>
        <DELETED>    ``(2) be developed in consultation with affected 
        project proponents, industries, and other 
        stakeholders;</DELETED>
        <DELETED>    ``(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</DELETED>
        <DELETED>    ``(4) exclude parties for which the fee would 
        impose an undue financial burden or is otherwise determined to 
        be inappropriate.'';</DELETED>
        <DELETED>    (3) by redesignating subsections (d) through (f) 
        as subsections (c) through (e), respectively;</DELETED>
        <DELETED>    (4) in subsection (c) (as so redesignated)--
        </DELETED>
                <DELETED>    (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</DELETED>
                <DELETED>    (B) by striking paragraph (3) and 
                inserting the following:</DELETED>
        <DELETED>    ``(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).</DELETED>
        <DELETED>    ``(4) Authorization of appropriations.--</DELETED>
                <DELETED>    ``(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--
                </DELETED>
                        <DELETED>    ``(i) for fiscal year 2025, 
                        $12,000,000;</DELETED>
                        <DELETED>    ``(ii) for fiscal year 2026, 
                        $13,500,000;</DELETED>
                        <DELETED>    ``(iii) for fiscal year 2027, 
                        $15,000,000;</DELETED>
                        <DELETED>    ``(iv) for fiscal year 2028, 
                        $16,500,000;</DELETED>
                        <DELETED>    ``(v) for fiscal year 2029, 
                        $18,000,000;</DELETED>
                        <DELETED>    ``(vi) for fiscal year 2030, 
                        $19,500,000; and</DELETED>
                        <DELETED>    ``(vii) for fiscal year 2031, 
                        $21,000,000.</DELETED>
                <DELETED>    ``(B) Availability.--Amounts made 
                available pursuant to subparagraph (A) shall remain 
                available until expended.''; and</DELETED>
        <DELETED>    (5) in subsection (d) (as so redesignated), by 
        striking ``subsection (d)'' and inserting ``subsection 
        (c)''.</DELETED>
<DELETED>    (f) Savings Clause Modification.--Section 11503 of the 
FAST Act (Public Law 114-94; 129 Stat. 1691) is amended--</DELETED>
        <DELETED>    (1) by striking subsection (b); and</DELETED>
        <DELETED>    (2) by redesignating subsection (c) as subsection 
        (b).</DELETED>
<DELETED>    (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.</DELETED>

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)(A)(iv) of the FAST Act (42 
U.S.C. 4370m(6)(A)(iv)) is amended, in the matter preceding subclause 
(I), by striking ``in the opinion of the Council'' and inserting ``in 
the opinion of the Executive Director, in consultation with the 
Council''.
    (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 ``, by 
                and with the advice and consent of the Senate'' after 
                ``President''; and
                    (B) in subsection (c)--
                            (i) in paragraph (1)--
                                    (I) by striking subparagraph (C); 
                                and
                                    (II) by redesignating subparagraphs 
                                (D) and (E) as subparagraphs (C) and 
                                (D), respectively; 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 
                        subparagraph (A) of section 41001(6), excluding 
                        projects described in subparagraph (B) of that 
                        section''.
            (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--
                                    ``(I) identified by the appropriate 
                                agency official for any affected agency 
                                relating to the content or timing of 
                                the permitting timetable established 
                                under subparagraph (A); or
                                    ``(II) identified by the project 
                                sponsor relating to an issue that could 
                                lead to the nonconformance with the 
                                permitting timetable established under 
                                that subparagraph.'';
                            (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) require that the 
                                        appropriate agency 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 10 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.
                                    ``(III) Reports.--Not less 
                                frequently than once per quarter, the 
                                Executive Director shall submit to the 
                                Committee on Homeland Security and 
                                Governmental Affairs of the Senate and 
                                the Committee on Oversight and 
                                Accountability of the House of 
                                Representatives a report on the number 
                                of permitting timetables that were 
                                modified under this clause during the 
                                period covered by the report.''; 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 10 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 cooperating agencies and 
                                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 
                                cooperating agencies and 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--
                                    ``(I) a description of contributing 
                                factors that affect project timelines; 
                                and
                                    ``(II) recommendations on what the 
                                duration of project timelines should 
                                be;
                            ``(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)(A), 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);
            ``(4) exclude parties for which the fee would impose an 
        undue financial burden or is otherwise determined to be 
        inappropriate; and
            ``(5) support the timely completion of environmental 
        reviews and authorizations for covered projects, including 
        through the authority of the Executive Director to rescind 
        amounts transferred from the Fund to a lead agency, cooperating 
        agency, or participating agency that is not meeting timelines 
        for the completion of environmental reviews and authorizations 
        for a covered project.'';
            (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.--
                    ``(A) In general.--For the purpose of carrying out 
                this title, and subject to subparagraph (B), the 
                Executive Director, in coordination with the Director 
                of the Office of Management and Budget, may transfer 
                amounts in the Fund to other Federal agencies, State 
                and local governments, territorial 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 for activities to 
                facilitate meaningful governmental and public 
                engagement, for covered projects and other projects in 
                sectors described in section 41001(6)(A), and for 
                activities described in paragraph (2), which may 
                include 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).
                    ``(B) Approval of certain transfers.--Any transfer 
                made under subparagraph (A) in an amount of more than 
                $2,000,000 shall be approved by the Office of 
                Management and Budget.
            ``(4) Authorization of appropriations.--
                    ``(A) In general.--In addition to amounts deposited 
                in the Fund under paragraph (1), and subject to 
                subparagraph (B), there is authorized to be 
                appropriated for deposit in the Fund $9,002,000 for 
                each of fiscal years 2025 through 2031.
                    ``(B) Adjustments for inflation.--The amount 
                authorized to be appropriated for each of fiscal years 
                2026 through 2031 under subparagraph (A) shall be 
                adjusted for inflation.''; and
            (5) in subsection (d) (as so redesignated), by striking 
        ``subsection (d)'' and inserting ``subsection (c)''.
    (f) 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.
                                                       Calendar No. 698

118th CONGRESS

  2d Session

                                S. 4679

                          [Report No. 118-292]

_______________________________________________________________________

                                 A BILL

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

_______________________________________________________________________

                           December 16, 2024

                       Reported with an amendment
```