II 

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. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Permitting Council Im5 provement Act of 2024’’. 

6 SEC. 2. FEDERAL PERMITTING IMPROVEMENT. 

7 (a) DEFINITIONS.—Section 41001(6) of the FAST 

8 Act (42 U.S.C. 4370m(6)) is amended— 

9 (1) in subparagraph (B)— 


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1 (A) by redesignating clauses (i) and (ii) as 

2 subclauses (I) and (II), respectively, and in3 denting appropriately; 

4 (B) in the matter preceding subclause (I) 

5 (as so redesignated), by striking ‘‘The term’’ 

6 and inserting the following: 

7 ‘‘(i) IN GENERAL.—Subject to clause 

8 (ii), the term’’; and 

9 (C) by adding at the end the following: 

10 ‘‘(ii) CLARIFICATION FOR REQUIRE11 MENTS NEEDED TO COMPLETE ENVIRON12 MENTAL REVIEWS AND AUTHORIZATIONS

13 OF COVERED PROJECTS.—Notwithstanding 

14 clause (i), the Department of Transpor15 tation or Army Corps of Engineers shall be 

16 subject to the requirements and other pro17 visions of this title for any environmental 

18 review or authorization that the agency is 

19 required to complete, subject to the condi20 tions that the project is a covered project 

21 and is not subject to section 139 of title 

22 23, United States Code, or section 2045 of 

23 the Water Resources Development Act of 

24 2007 (33 U.S.C. 2348), as applicable.’’; 

25 and 


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1 (2) by adding at the end the following: 

2 ‘‘(D) CLARIFICATION.—For purposes of 

3 subparagraph (A)(iii)(III), an activity shall be 

4 considered to be located on land owned or 

5 under the jurisdiction of a sponsoring entity if 

6 any part of the activity is located on that 

7 land.’’. 

8 (b) FEDERAL PERMITTING IMPROVEMENT STEERING

9 COUNCIL.— 

10 (1) IN GENERAL.—Section 41002 of the FAST 

11 Act (42 U.S.C. 4370m–1) is amended— 

12 (A) in subsection (b)(1)(A), by inserting ‘‘, 

13 in consultation with the majority leader of the 

14 Senate, the Speaker of the House of Represent15 atives, the minority leader of the Senate, and 

16 the minority leader of the House of Representa17 tives’’ after ‘‘President’’; and 

18 (B) in subsection (c)— 

19 (i) in paragraph (1)— 

20 (I) by striking subparagraph (C); 

21 (II) by redesignating subpara22 graph (D) as subparagraph (C); 

23 (III) in subparagraph (C) (as so 

24 redesignated), in the matter preceding 

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1 ommend to the Director of the Office 

2 of Management and Budget or to the 

3 Council on Environmental Quality, as 

4 appropriate, that guidance be issued 

5 as necessary’’ and inserting ‘‘may 

6 issue guidance, as necessary,’’; and 

7 (IV) by inserting after subpara8 graph (C) (as so redesignated) the fol9 lowing: 

10 ‘‘(D) CLARIFICATION OF RESPONSIBIL11 ITIES.—Any guidance issued by the Executive 

12 Director under subparagraph (C)(i)— 

13 ‘‘(i) shall be consistent with the imple14 menting regulations for NEPA promul15 gated by the Chair of the Council on Envi16 ronmental Quality and contained in sub17 chapter A of chapter V of title 40, Code of 

18 Federal Regulations (or successor regula19 tions); and 

20 ‘‘(ii) shall not supersede those regula21 tions with respect to the implementation of 

22 NEPA.’’; and 

23 (ii) in paragraph (2)(B), in the matter 

24 preceding clause (i), by striking ‘‘covered 

25 projects’’ and inserting ‘‘covered projects 


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1 and other projects in sectors described in 

2 section 41001(6)(A)’’. 

3 (2) CONFORMING AMENDMENTS.— 

4 (A) Section 41002(c)(2)(A)(i) of the FAST 

5 Act (42 U.S.C. 4370m–1(c)(2)(A)(i)) is amend6 ed by striking ‘‘and the performance schedules 

7 under paragraph (1)(C)’’. 

8 (B) Section 41003(c)(2)(B) of the FAST 

9 Act (42 U.S.C. 4370m–2(c)(2)(B)) is amended, 

10 in the matter preceding clause (i), by striking 

11 ‘‘follow’’ and all that follows through ‘‘relevant 

12 factors,’’ and inserting ‘‘take into account rel13 evant factors,’’. 

14 (c) PERMITTING PROCESS IMPROVEMENT.—Section 

15 41003 of the FAST Act (42 U.S.C. 4370m–2) is amend16 ed— 

17 (1) in subsection (a)(1)(C)— 

18 (A) by redesignating clauses (ii) through 

19 (v) as clauses (iii) through (vi), respectively; 

20 and 

21 (B) by inserting after clause (i) the fol22 lowing: 

23 ‘‘(ii) a statement of the total invest24 ment required to plan, design, and con25 struct the proposed project;’’; and 


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1 (2) in subsection (c)(2)— 

2 (A) in subparagraph (C)— 

3 (i) by striking clause (i) and inserting 

4 the following: 

5 ‘‘(i) IN GENERAL.—The Executive Di6 rector, in consultation with appropriate 

7 agency officials and the project sponsor, 

8 shall, as necessary, mediate any disputes 

9 identified by the project sponsor or appro10 priate agency official for any affected 

11 agency relating to the content or timing of 

12 the permitting timetable established under 

13 subparagraph (A).’’; 

14 (ii) by redesignating clauses (ii) and 

15 (iii) as clauses (iii) and (iv), respectively; 

16 (iii) by inserting after clause (i) the 

17 following: 

18 ‘‘(ii) MODIFIED PERMITTING TIME19 TABLE.— 

20 ‘‘(I) IN GENERAL.—As part of 

21 mediating a dispute relating to the 

22 content or timing of the permitting 

23 timetable established under subpara24 graph (A), the Executive Director 

25 may— 


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1 ‘‘(aa) propose a new permit2 ting timetable, or modifications 

3 to a previously adopted permit4 ting timetable, to resolve the dis5 pute; and 

6 ‘‘(bb) recommend that the 

7 affected agencies adopt that new 

8 or modified permitting timetable. 

9 ‘‘(II) REVIEW AND RESPONSE.— 

10 Each affected agency shall have 7 

11 business days to review and respond 

12 to the new or modified permitting 

13 timetable proposed under subclause 

14 (I)(aa) and if the agency determines 

15 that the agency is unable to adopt 

16 that new or modified timetable, that 

17 agency shall submit to the Executive 

18 Director, in writing, an explanation 

19 describing the reasons why the new or 

20 modified timetable is not feasible.’’; 

21 and 

22 (iv) in clause (iv) (as so redesignated), 

23 in the mattering preceding subclause (I), 

24 by striking ‘‘clause (ii)’’ and inserting 

25 ‘‘clause (iii)’’; 


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1 (B) in subparagraph (D)— 

2 (i) in clause (i)— 

3 (I) in subclause (II), by inserting 

4 ‘‘or alternative completion date’’ after 

5 ‘‘completion date’’; and 

6 (II) in subclause (IV)— 

7 (aa) by striking ‘‘final’’ each 

8 place it appears; 

9 (bb) by inserting ‘‘or alter10 native completion date that is the 

11 final action’’ before ‘‘under a per12 mitting timetable’’; and 

13 (cc) by inserting ‘‘or alter14 native completion date estab15 lished under clause (v)’’ before ‘‘, 

16 the facilitating or lead agency’’; 

17 (ii) in clause (ii)— 

18 (I) by inserting ‘‘or alternative 

19 completion date established under 

20 clause (v), as applicable,’’ after ‘‘A 

21 completion date’’; and 

22 (II) by inserting ‘‘or alternative 

23 completion date, as applicable’’ after 

24 ‘‘the completion date’’; and 


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1 (iii) by adding at the end the fol2 lowing: 

3 ‘‘(v) ALTERNATIVE COMPLETION

4 DATE.— 

5 ‘‘(I) IN GENERAL.—If a Federal 

6 agency has missed or will miss an in7 termediate or final completion date 

8 originally established under subpara9 graph (A) for agency action on a cov10 ered project and fails to comply with 

11 the process for modification of a per12 mitting timetable under clause (i), not 

13 later than 15 days after that inter14 mediate or final completion date, the 

15 agency, in consultation with the facili16 tating or lead agency, as applicable, 

17 any relevant cooperating and partici18 pating agencies, and the project spon19 sor, shall submit to the Executive Di20 rector an alternative completion date 

21 for publication on the Dashboard. 

22 ‘‘(II) TREATMENT.—An alter23 native completion date submitted 

24 under subclause (I) shall be subject to 

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1 tion as other intermediate and final 

2 completion dates in the permitting 

3 timetable originally established under 

4 subparagraph (A).’’; 

5 (C) in subparagraph (F)— 

6 (i) in the subparagraph heading, by 

7 striking ‘‘CONFORMING TO’’ and inserting 

8 ‘‘COMPLIANCE WITH’’; 

9 (ii) in clause (i), by striking ‘‘conform 

10 to’’ and inserting ‘‘comply with’’; and 

11 (iii) by striking clause (ii) and insert12 ing the following: 

13 ‘‘(ii) FAILURE TO COMPLY.— 

14 ‘‘(I) IN GENERAL.—If a Federal 

15 agency fails to comply with an inter16 mediate or final completion date for 

17 the agency action on a covered 

18 project, not later than 5 business days 

19 after the date on which the inter20 mediate or final completion date has 

21 been or will be missed, the agency 

22 shall submit to the Executive Director 

23 for publication on the Dashboard an 

24 explanation of— 


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1 ‘‘(aa) the specific reasons 

2 for failing to comply with the 

3 completion date; and 

4 ‘‘(bb) actions the agency will 

5 carry out to avoid additional 

6 delays, including actions to com7 ply with the alternative comple8 tion date established under sub9 paragraph (D)(v). 

10 ‘‘(II) STATUS REPORT.—If a 

11 Federal agency fails to comply with 

12 requirements to establish a permitting 

13 timetable or the requirement to estab14 lish an alternative completion date 

15 under subparagraph (D)(v), each 

16 month until the month in which the 

17 Federal agency has established the 

18 permitting timetable or alternative 

19 completion date under that subpara20 graph, the Federal agency shall sub21 mit to the Executive Director for 

22 posting on the Dashboard a status re23 port describing agency activity related 

24 to the project and actions to support 

25 the establishment of a permitting 


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1 timetable or alternative completion 

2 date under that subparagraph.’’; 

3 (D) by redesignating subparagraph (G) as 

4 subparagraph (H); and 

5 (E) by inserting after subparagraph (F) 

6 the following: 

7 ‘‘(G) POSTING AND REPORTING AGENCY

8 NONCOMPLIANCE WITH PERMITTING TIME9 TABLE MODIFICATION AND NONCOMPLIANCE

10 PROCEDURES.— 

11 ‘‘(i) IN GENERAL.—Agency non12 compliance with the permitting timetable 

13 modification procedures under subpara14 graph (D) or the compliance requirements 

15 under subparagraph (F) constitutes non16 compliance with this title. 

17 ‘‘(ii) INDICATION OF NONCOMPLI18 ANCE.—The Executive Director shall post 

19 on the Dashboard, consistent with the re20 quirements of subsection (b)(4)(B), all in21 stances of agency noncompliance with per22 mitting timetables described under sub23 paragraphs (D) and (F). 

24 ‘‘(iii) QUARTERLY REPORT.— 


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1 ‘‘(I) IN GENERAL.—The Execu2 tive Director shall include in the quar3 terly agency performance report sub4 mitted to Congress pursuant to sec5 tion 41008(a)(2) all new and ongoing 

6 instances of agency noncompliance 

7 with subparagraphs (D) and (F). 

8 ‘‘(II) INCLUSION OF PROJECT

9 SPONSOR COMMENTS.—The Executive 

10 Director shall offer the relevant 

11 project sponsor of a covered project 

12 that is in noncompliance with sub13 paragraph (D) or (F) the opportunity 

14 to provide for inclusion in the quar15 terly agency performance report sub16 mitted to Congress pursuant to sec17 tion 41008(a)(2) the views of the 

18 project sponsor with respect to— 

19 ‘‘(aa) the cause of delay and 

20 agency noncompliance; and 

21 ‘‘(bb) ways to avoid those 

22 delays and noncompliance in the 

23 future.’’. 

24 (d) REPORTS.— 

25 (1) REPORTS TO CONGRESS.— 


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1 (A) IN GENERAL.—Section 41008 of the 

2 FAST Act (42 U.S.C. 4370m–7) is amended— 

3 (i) by striking the section designation 

4 and heading and all that follows through 

5 ‘‘Not later than’’ in subsection (a)(1)(A) 

6 and inserting the following: 

7 ‘‘SEC. 41008. REPORTS TO CONGRESS. 

8 ‘‘(a) EXECUTIVE DIRECTOR ANNUAL REPORT.— 

9 ‘‘(1) IN GENERAL.—Not later than’’; 

10 (ii) by striking subsection (b); and 

11 (iii) in subsection (a)— 

12 (I) by redesignating paragraphs 

13 (2) and (3) as subsections (b) and (c), 

14 respectively, and indenting appro15 priately; and 

16 (II) in paragraph (1) (as so 

17 amended)— 

18 (aa) by striking ‘‘Infrastruc19 ture Investment and Jobs Act’’ 

20 and inserting ‘‘Permitting Coun21 cil Improvement Act of 2024’’; 

22 (bb) by striking ‘‘fiscal 

23 year.’’ and inserting the fol24 lowing: ‘‘fiscal year, which shall 

25 include— 


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1 ‘‘(i) a summary of permitting time2 table trends for sectors described in section 

3 41001(6)(A), including a description of 

4 contributing factors that affect project 

5 timelines; 

6 ‘‘(ii)(I) descriptions of activities car7 ried out by the Council in furtherance of 

8 its role as a Federal center for permitting 

9 excellence; and 

10 ‘‘(II) an analysis of how those activi11 ties have affected Federal permitting proc12 esses and authorizations; 

13 ‘‘(iii) a description of each transfer 

14 made under section 41009(c)(3), including 

15 the amount of funds transferred and to 

16 whom the funds were transferred; and 

17 ‘‘(iv) any other information the Exec18 utive Director determines relevant to re19 port on implementation of this title.’’; 

20 (cc) by redesignating sub21 paragraph (B) as paragraph (2) 

22 and indenting appropriately; and 

23 (dd) in paragraph (2) (as so 

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1 paragraph (A)’’ and inserting 

2 ‘‘paragraph (1)’’. 

3 (B) CLERICAL AMENDMENT.—The table of 

4 contents contained in section 1(b) of the FAST 

5 Act (Public Law 114–94; 129 Stat. 1319) is 

6 amended by striking the item relating to section 

7 41008 and inserting the following: 

‘‘Sec. 41008. Reports to Congress.’’. 

8 (2) ONE-TIME REPORTS.— 

9 (A) REPORT ON PERMITTING WORK10 FORCE.—Not later than 18 months after the 

11 date of enactment of this Act, the Executive Di12 rector of the Federal Permitting Improvement 

13 Steering Council, in consultation with the Di14 rector of the Office of Personnel Management 

15 and the Director of the Office of Management 

16 and Budget, shall submit to Congress a report 

17 that— 

18 (i) assesses current and projected 

19 needs in human capital at Federal agencies 

20 responsible for issuing permits; and 

21 (ii) makes recommendations for how 

22 to improve the Federal permitting work23 force. 

24 (B) REPORT ON DASHBOARD.—Not later 

25 than 18 months after the date of enactment of 


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1 this Act, the Executive Director of the Federal 

2 Permitting Improvement Steering Council, in 

3 coordination with the Secretary of Transpor4 tation and Administrator of General Services, 

5 shall submit to Congress a report that assesses, 

6 and makes recommendations on how to im7 prove— 

8 (i) the usability of the Permitting 

9 Dashboard required under section 

10 41003(b) of the FAST Act (42 U.S.C. 

11 4370m–2(b)); and 

12 (ii) the quality and usefulness of in13 formation on the Dashboard. 

14 (C) INCLUSION IN ANNUAL REPORTS.— 

15 The reports required under subparagraphs (A) 

16 and (B) may be included in an annual report 

17 required to be submitted to Congress pursuant 

18 to subsection (a)(1) of section 41008 of the 

19 FAST Act (42 U.S.C. 4370m–7) (as amended 

20 by paragraph (1)(A)). 

21 (3) REPEAL OF GAO REPORT.— 

22 (A) IN GENERAL.—Section 41011 of the 

23 FAST Act (42 U.S.C. 4370m–10) is repealed. 

24 (B) CLERICAL AMENDMENT.—The table of 

25 contents contained in section 1(b) of the FAST 


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1 Act (Public Law 114–94; 129 Stat. 1319) is 

2 amended by striking the item relating to section 

3 41011. 

4 (e) FUNDING FOR GOVERNANCE, OVERSIGHT, AND

5 PROCESSING OF ENVIRONMENTAL REVIEWS AND PER6 MITS.—Section 41009 of the FAST Act (42 U.S.C. 

7 4370m–8) is amended— 

8 (1) in subsection (a), by striking ‘‘projects to 

9 reimburse the United States for reasonable costs in10 curred in conducting environmental reviews and au11 thorizations for covered projects.’’ and inserting 

12 ‘‘projects.’’; 

13 (2) by striking subsections (b) and (c) and in14 serting the following: 

15 ‘‘(b) FEE STRUCTURE.—The fee structure estab16 lished under subsection (a) shall— 

17 ‘‘(1) enable the Executive Director to assess ap18 propriate fees for each covered project based on rel19 evant factors, including— 

20 ‘‘(A) the total investment required for the 

21 covered project stated by the project sponsor in 

22 the notice of the initiation of a proposed cov23 ered project pursuant to section 41003(a)(1); 


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1 ‘‘(B) the anticipated complexity of the en2 vironmental review and authorization process 

3 for the covered project; and 

4 ‘‘(C) the resources available to each par5 ticipating agency to conduct environmental re6 views and issue authorizations for the covered 

7 project; 

8 ‘‘(2) be developed in consultation with affected 

9 project proponents, industries, and other stake10 holders; 

11 ‘‘(3) not exceed 1 percent of the total invest12 ment required for the covered project stated by the 

13 project sponsor in the notice of the initiation of a 

14 proposed covered project pursuant to section 

15 41003(a)(1); and 

16 ‘‘(4) exclude parties for which the fee would im17 pose an undue financial burden or is otherwise de18 termined to be inappropriate.’’; 

19 (3) by redesignating subsections (d) through (f) 

20 as subsections (c) through (e), respectively; 

21 (4) in subsection (c) (as so redesignated)— 

22 (A) in paragraph (2), by inserting ‘‘making 

23 investments to improve Federal environmental 

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1 frastructure permitting processes,’’ after ‘‘agen2 cy project managers,’’; and 

3 (B) by striking paragraph (3) and insert4 ing the following: 

5 ‘‘(3) TRANSFER.—For the purpose of carrying 

6 out this title, the Executive Director, in consultation 

7 with the Director of the Office of Management and 

8 Budget, may transfer amounts in the Fund to other 

9 Federal agencies, State and local governments, In10 dian Tribes (as defined in section 4 of the Indian 

11 Self-Determination and Education Assistance Act 

12 (25 U.S.C. 5304)), Alaska Native Corporations, and 

13 Native Hawaiian organizations (as defined in section 

14 6207 of the Elementary and Secondary Education 

15 Act of 1965 (20 U.S.C. 7517)) (including the De16 partment of Hawaiian Home Lands and the Office 

17 of Hawaiian Affairs) to facilitate timely and efficient 

18 environmental reviews and authorizations, including 

19 activities described in paragraph (2), for covered 

20 projects and other projects in sectors described in 

21 section 41001(6)(A), including direct reimbursement 

22 agreements with agency CERPOs, reimbursable 

23 agreements, and approval and consultation processes 

24 and staff for covered projects and other projects in 

25 sectors described in section 41001(6)(A). 


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1 ‘‘(4) AUTHORIZATION OF APPROPRIATIONS.— 

2 ‘‘(A) IN GENERAL.—In addition to 

3 amounts deposited in the Fund under para4 graph (1), there are authorized to be appro5 priated for deposit in the Fund— 

6 ‘‘(i) for fiscal year 2025, $12,000,000; 

7 ‘‘(ii) for fiscal year 2026, 

8 $13,500,000; 

9 ‘‘(iii) for fiscal year 2027, 

10 $15,000,000; 

11 ‘‘(iv) for fiscal year 2028, 

12 $16,500,000; 

13 ‘‘(v) for fiscal year 2029, 

14 $18,000,000; 

15 ‘‘(vi) for fiscal year 2030, 

16 $19,500,000; and 

17 ‘‘(vii) for fiscal year 2031, 

18 $21,000,000. 

19 ‘‘(B) AVAILABILITY.—Amounts made 

20 available pursuant to subparagraph (A) shall 

21 remain available until expended.’’; and 

22 (5) in subsection (d) (as so redesignated), by 

23 striking ‘‘subsection (d)’’ and inserting ‘‘subsection 

24 (c)’’. 


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1 (f) SAVINGS CLAUSE MODIFICATION.—Section 

2 11503 of the FAST Act (Public Law 114–94; 129 Stat. 

3 1691) is amended— 

4 (1) by striking subsection (b); and 

5 (2) by redesignating subsection (c) as sub6 section (b). 

7 (g) TECHNICAL AMENDMENT.—The table of contents 

8 contained in section 1(b) of the FAST Act (Public Law 

9 114–94; 129 Stat. 1319) is amended by striking the item 

10 relating to section 41013. 

Æ 


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