II 

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. 

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’’. 


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1 SEC. 2. FEDERAL PERMITTING IMPROVEMENT. 

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

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

4 (1) in subparagraph (B)— 

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

6 subclauses (I) and (II), respectively, and in7 denting appropriately; 

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

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

10 and inserting the following: 

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

12 (ii), the term’’; and 

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

14 ‘‘(ii) CLARIFICATION FOR REQUIRE15 MENTS NEEDED TO COMPLETE ENVIRON16 MENTAL REVIEWS AND AUTHORIZATIONS

17 OF COVERED PROJECTS.—Notwithstanding 

18 clause (i), the Department of Transpor19 tation or Army Corps of Engineers shall be 

20 subject to the requirements and other pro21 visions of this title for any environmental 

22 review or authorization that the agency is 

23 required to complete, subject to the condi24 tions that the project is a covered project 

25 and is not subject to section 139 of title 

26 23, United States Code, or section 2045 of 


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1 the Water Resources Development Act of 

2 2007 (33 U.S.C. 2348), as applicable.’’; 

3 and 

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

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

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

7 considered to be located on land owned or 

8 under the jurisdiction of a sponsoring entity if 

9 any part of the activity is located on that 

10 land.’’. 

11 (b) FEDERAL PERMITTING IMPROVEMENT STEERING

12 COUNCIL.— 

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

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

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

16 in consultation with the majority leader of the 

17 Senate, the Speaker of the House of Represent18 atives, the minority leader of the Senate, and 

19 the minority leader of the House of Representa20 tives’’ after ‘‘President’’; and 

21 (B) in subsection (c)— 

22 (i) in paragraph (1)— 

23 (I) by striking subparagraph (C); 

24 (II) by redesignating subpara25 graph (D) as subparagraph (C); 


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

2 redesignated), in the matter preceding 

3 clause (i), by striking ‘‘may rec4 ommend to the Director of the Office 

5 of Management and Budget or to the 

6 Council on Environmental Quality, as 

7 appropriate, that guidance be issued 

8 as necessary’’ and inserting ‘‘may 

9 issue guidance, as necessary,’’; and 

10 (IV) by inserting after subpara11 graph (C) (as so redesignated) the fol12 lowing: 

13 ‘‘(D) CLARIFICATION OF RESPONSIBIL14 ITIES.—Any guidance issued by the Executive 

15 Director under subparagraph (C)(i)— 

16 ‘‘(i) shall be consistent with the imple17 menting regulations for NEPA promul18 gated by the Chair of the Council on Envi19 ronmental Quality and contained in sub20 chapter A of chapter V of title 40, Code of 

21 Federal Regulations (or successor regula22 tions); and 

23 ‘‘(ii) shall not supersede those regula24 tions with respect to the implementation of 

25 NEPA.’’; and 


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

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

3 projects’’ and inserting ‘‘covered projects 

4 and other projects in sectors described in 

5 section 41001(6)(A)’’. 

6 (2) CONFORMING AMENDMENTS.— 

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

8 Act (42 U.S.C. 4370m–1(c)(2)(A)(i)) is amend9 ed by striking ‘‘and the performance schedules 

10 under paragraph (1)(C)’’. 

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

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

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

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

15 factors,’’ and inserting ‘‘take into account rel16 evant factors,’’. 

17 (c) PERMITTING PROCESS IMPROVEMENT.—Section 

18 41003 of the FAST Act (42 U.S.C. 4370m–2) is amend19 ed— 

20 (1) in subsection (a)(1)(C)— 

21 (A) by redesignating clauses (ii) through 

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

23 and 

24 (B) by inserting after clause (i) the fol25 lowing: 


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1 ‘‘(ii) a statement of the total invest2 ment required to plan, design, and con3 struct the proposed project;’’; and 

4 (2) in subsection (c)(2)— 

5 (A) in subparagraph (C)— 

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

7 the following: 

8 ‘‘(i) IN GENERAL.—The Executive Di9 rector, in consultation with appropriate 

10 agency officials and the project sponsor, 

11 shall, as necessary, mediate any disputes 

12 identified by the project sponsor or appro13 priate agency official for any affected 

14 agency relating to the content or timing of 

15 the permitting timetable established under 

16 subparagraph (A).’’; 

17 (ii) by redesignating clauses (ii) and 

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

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

20 following: 

21 ‘‘(ii) MODIFIED PERMITTING TIME22 TABLE.— 

23 ‘‘(I) IN GENERAL.—As part of 

24 mediating a dispute relating to the 

25 content or timing of the permitting 


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1 timetable established under subpara2 graph (A), the Executive Director 

3 may— 

4 ‘‘(aa) propose a new permit5 ting timetable, or modifications 

6 to a previously adopted permit7 ting timetable, to resolve the dis8 pute; and 

9 ‘‘(bb) recommend that the 

10 affected agencies adopt that new 

11 or modified permitting timetable. 

12 ‘‘(II) REVIEW AND RESPONSE.— 

13 Each affected agency shall have 7 

14 business days to review and respond 

15 to the new or modified permitting 

16 timetable proposed under subclause 

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

18 that the agency is unable to adopt 

19 that new or modified timetable, that 

20 agency shall submit to the Executive 

21 Director, in writing, an explanation 

22 describing the reasons why the new or 

23 modified timetable is not feasible.’’; 

24 and 


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

2 in the mattering preceding subclause (I), 

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

4 ‘‘clause (iii)’’; 

5 (B) in subparagraph (D)— 

6 (i) in clause (i)— 

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

8 ‘‘or alternative completion date’’ after 

9 ‘‘completion date’’; and 

10 (II) in subclause (IV)— 

11 (aa) by striking ‘‘final’’ each 

12 place it appears; 

13 (bb) by inserting ‘‘or alter14 native completion date that is the 

15 final action’’ before ‘‘under a per16 mitting timetable’’; and 

17 (cc) by inserting ‘‘or alter18 native completion date estab19 lished under clause (v)’’ before ‘‘, 

20 the facilitating or lead agency’’; 

21 (ii) in clause (ii)— 

22 (I) by inserting ‘‘or alternative 

23 completion date established under 

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

25 completion date’’; and 


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1 (II) by inserting ‘‘or alternative 

2 completion date, as applicable’’ after 

3 ‘‘the completion date’’; and 

4 (iii) by adding at the end the fol5 lowing: 

6 ‘‘(v) ALTERNATIVE COMPLETION

7 DATE.— 

8 ‘‘(I) IN GENERAL.—If a Federal 

9 agency has missed or will miss an in10 termediate or final completion date 

11 originally established under subpara12 graph (A) for agency action on a cov13 ered project and fails to comply with 

14 the process for modification of a per15 mitting timetable under clause (i), not 

16 later than 15 days after that inter17 mediate or final completion date, the 

18 agency, in consultation with the facili19 tating or lead agency, as applicable, 

20 any relevant cooperating and partici21 pating agencies, and the project spon22 sor, shall submit to the Executive Di23 rector an alternative completion date 

24 for publication on the Dashboard. 


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1 ‘‘(II) TREATMENT.—An alter2 native completion date submitted 

3 under subclause (I) shall be subject to 

4 the same requirements for modifica5 tion as other intermediate and final 

6 completion dates in the permitting 

7 timetable originally established under 

8 subparagraph (A).’’; 

9 (C) in subparagraph (F)— 

10 (i) in the subparagraph heading, by 

11 striking ‘‘CONFORMING TO’’ and inserting 

12 ‘‘COMPLIANCE WITH’’; 

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

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

15 (iii) by striking clause (ii) and insert16 ing the following: 

17 ‘‘(ii) FAILURE TO COMPLY.— 

18 ‘‘(I) IN GENERAL.—If a Federal 

19 agency fails to comply with an inter20 mediate or final completion date for 

21 the agency action on a covered 

22 project, not later than 5 business days 

23 after the date on which the inter24 mediate or final completion date has 

25 been or will be missed, the agency 


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1 shall submit to the Executive Director 

2 for publication on the Dashboard an 

3 explanation of— 

4 ‘‘(aa) the specific reasons 

5 for failing to comply with the 

6 completion date; and 

7 ‘‘(bb) actions the agency will 

8 carry out to avoid additional 

9 delays, including actions to com10 ply with the alternative comple11 tion date established under sub12 paragraph (D)(v). 

13 ‘‘(II) STATUS REPORT.—If a 

14 Federal agency fails to comply with 

15 requirements to establish a permitting 

16 timetable or the requirement to estab17 lish an alternative completion date 

18 under subparagraph (D)(v), each 

19 month until the month in which the 

20 Federal agency has established the 

21 permitting timetable or alternative 

22 completion date under that subpara23 graph, the Federal agency shall sub24 mit to the Executive Director for 

25 posting on the Dashboard a status reVerDate Sep 11 2014 03:18 Dec 17, 2024 Jkt 059200 PO 00000 Frm 00011 Fmt 6652 Sfmt 6401 E:\BILLS\S4679.RS S4679

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1 port describing agency activity related 

2 to the project and actions to support 

3 the establishment of a permitting 

4 timetable or alternative completion 

5 date under that subparagraph.’’; 

6 (D) by redesignating subparagraph (G) as 

7 subparagraph (H); and 

8 (E) by inserting after subparagraph (F) 

9 the following: 

10 ‘‘(G) POSTING AND REPORTING AGENCY

11 NONCOMPLIANCE WITH PERMITTING TIME12 TABLE MODIFICATION AND NONCOMPLIANCE

13 PROCEDURES.— 

14 ‘‘(i) IN GENERAL.—Agency non15 compliance with the permitting timetable 

16 modification procedures under subpara17 graph (D) or the compliance requirements 

18 under subparagraph (F) constitutes non19 compliance with this title. 

20 ‘‘(ii) INDICATION OF NONCOMPLI21 ANCE.—The Executive Director shall post 

22 on the Dashboard, consistent with the re23 quirements of subsection (b)(4)(B), all in24 stances of agency noncompliance with perVerDate Sep 11 2014 03:18 Dec 17, 2024 Jkt 059200 PO 00000 Frm 00012 Fmt 6652 Sfmt 6401 E:\BILLS\S4679.RS S4679

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1 mitting timetables described under sub2 paragraphs (D) and (F). 

3 ‘‘(iii) QUARTERLY REPORT.— 

4 ‘‘(I) IN GENERAL.—The Execu5 tive Director shall include in the quar6 terly agency performance report sub7 mitted to Congress pursuant to sec8 tion 41008(a)(2) all new and ongoing 

9 instances of agency noncompliance 

10 with subparagraphs (D) and (F). 

11 ‘‘(II) INCLUSION OF PROJECT

12 SPONSOR COMMENTS.—The Executive 

13 Director shall offer the relevant 

14 project sponsor of a covered project 

15 that is in noncompliance with sub16 paragraph (D) or (F) the opportunity 

17 to provide for inclusion in the quar18 terly agency performance report sub19 mitted to Congress pursuant to sec20 tion 41008(a)(2) the views of the 

21 project sponsor with respect to— 

22 ‘‘(aa) the cause of delay and 

23 agency noncompliance; and 


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1 ‘‘(bb) ways to avoid those 

2 delays and noncompliance in the 

3 future.’’. 

4 (d) REPORTS.— 

5 (1) REPORTS TO CONGRESS.— 

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

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

8 (i) by striking the section designation 

9 and heading and all that follows through 

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

11 and inserting the following: 

12 ‘‘SEC. 41008. REPORTS TO CONGRESS. 

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

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

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

16 (iii) in subsection (a)— 

17 (I) by redesignating paragraphs 

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

19 respectively, and indenting appro20 priately; and 

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

22 amended)— 

23 (aa) by striking ‘‘Infrastruc24 ture Investment and Jobs Act’’ 


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1 and inserting ‘‘Permitting Coun2 cil Improvement Act of 2024’’; 

3 (bb) by striking ‘‘fiscal 

4 year.’’ and inserting the fol5 lowing: ‘‘fiscal year, which shall 

6 include— 

7 ‘‘(i) a summary of permitting time8 table trends for sectors described in section 

9 41001(6)(A), including a description of 

10 contributing factors that affect project 

11 timelines; 

12 ‘‘(ii)(I) descriptions of activities car13 ried out by the Council in furtherance of 

14 its role as a Federal center for permitting 

15 excellence; and 

16 ‘‘(II) an analysis of how those activi17 ties have affected Federal permitting proc18 esses and authorizations; 

19 ‘‘(iii) a description of each transfer 

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

21 the amount of funds transferred and to 

22 whom the funds were transferred; and 

23 ‘‘(iv) any other information the Exec24 utive Director determines relevant to re25 port on implementation of this title.’’; 


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1 (cc) by redesignating sub2 paragraph (B) as paragraph (2) 

3 and indenting appropriately; and 

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

5 redesignated), by striking ‘‘sub6 paragraph (A)’’ and inserting 

7 ‘‘paragraph (1)’’. 

8 (B) CLERICAL AMENDMENT.—The table of 

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

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

11 amended by striking the item relating to section 

12 41008 and inserting the following: 

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

13 (2) ONE-TIME REPORTS.— 

14 (A) REPORT ON PERMITTING WORK15 FORCE.—Not later than 18 months after the 

16 date of enactment of this Act, the Executive Di17 rector of the Federal Permitting Improvement 

18 Steering Council, in consultation with the Di19 rector of the Office of Personnel Management 

20 and the Director of the Office of Management 

21 and Budget, shall submit to Congress a report 

22 that— 

23 (i) assesses current and projected 

24 needs in human capital at Federal agencies 

25 responsible for issuing permits; and 


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1 (ii) makes recommendations for how 

2 to improve the Federal permitting work3 force. 

4 (B) REPORT ON DASHBOARD.—Not later 

5 than 18 months after the date of enactment of 

6 this Act, the Executive Director of the Federal 

7 Permitting Improvement Steering Council, in 

8 coordination with the Secretary of Transpor9 tation and Administrator of General Services, 

10 shall submit to Congress a report that assesses, 

11 and makes recommendations on how to im12 prove— 

13 (i) the usability of the Permitting 

14 Dashboard required under section 

15 41003(b) of the FAST Act (42 U.S.C. 

16 4370m–2(b)); and 

17 (ii) the quality and usefulness of in18 formation on the Dashboard. 

19 (C) INCLUSION IN ANNUAL REPORTS.— 

20 The reports required under subparagraphs (A) 

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

22 required to be submitted to Congress pursuant 

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

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

25 by paragraph (1)(A)). 


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1 (3) REPEAL OF GAO REPORT.— 

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

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

4 (B) CLERICAL AMENDMENT.—The table of 

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

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

7 amended by striking the item relating to section 

8 41011. 

9 (e) FUNDING FOR GOVERNANCE, OVERSIGHT, AND

10 PROCESSING OF ENVIRONMENTAL REVIEWS AND PER11 MITS.—Section 41009 of the FAST Act (42 U.S.C. 

12 4370m–8) is amended— 

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

14 reimburse the United States for reasonable costs in15 curred in conducting environmental reviews and au16 thorizations for covered projects.’’ and inserting 

17 ‘‘projects.’’; 

18 (2) by striking subsections (b) and (c) and in19 serting the following: 

20 ‘‘(b) FEE STRUCTURE.—The fee structure estab21 lished under subsection (a) shall— 

22 ‘‘(1) enable the Executive Director to assess ap23 propriate fees for each covered project based on rel24 evant factors, including— 


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

2 covered project stated by the project sponsor in 

3 the notice of the initiation of a proposed cov4 ered project pursuant to section 41003(a)(1); 

5 ‘‘(B) the anticipated complexity of the en6 vironmental review and authorization process 

7 for the covered project; and 

8 ‘‘(C) the resources available to each par9 ticipating agency to conduct environmental re10 views and issue authorizations for the covered 

11 project; 

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

13 project proponents, industries, and other stake14 holders; 

15 ‘‘(3) not exceed 1 percent of the total invest16 ment required for the covered project stated by the 

17 project sponsor in the notice of the initiation of a 

18 proposed covered project pursuant to section 

19 41003(a)(1); and 

20 ‘‘(4) exclude parties for which the fee would im21 pose an undue financial burden or is otherwise de22 termined to be inappropriate.’’; 

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

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

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


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

2 investments to improve Federal environmental 

3 reviews and authorizations and supporting in4 frastructure permitting processes,’’ after ‘‘agen5 cy project managers,’’; and 

6 (B) by striking paragraph (3) and insert7 ing the following: 

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

9 out this title, the Executive Director, in consultation 

10 with the Director of the Office of Management and 

11 Budget, may transfer amounts in the Fund to other 

12 Federal agencies, State and local governments, In13 dian Tribes (as defined in section 4 of the Indian 

14 Self-Determination and Education Assistance Act 

15 (25 U.S.C. 5304)), Alaska Native Corporations, and 

16 Native Hawaiian organizations (as defined in section 

17 6207 of the Elementary and Secondary Education 

18 Act of 1965 (20 U.S.C. 7517)) (including the De19 partment of Hawaiian Home Lands and the Office 

20 of Hawaiian Affairs) to facilitate timely and efficient 

21 environmental reviews and authorizations, including 

22 activities described in paragraph (2), for covered 

23 projects and other projects in sectors described in 

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

25 agreements with agency CERPOs, reimbursable 


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1 agreements, and approval and consultation processes 

2 and staff for covered projects and other projects in 

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

4 ‘‘(4) AUTHORIZATION OF APPROPRIATIONS.— 

5 ‘‘(A) IN GENERAL.—In addition to 

6 amounts deposited in the Fund under para7 graph (1), there are authorized to be appro8 priated for deposit in the Fund— 

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

10 ‘‘(ii) for fiscal year 2026, 

11 $13,500,000; 

12 ‘‘(iii) for fiscal year 2027, 

13 $15,000,000; 

14 ‘‘(iv) for fiscal year 2028, 

15 $16,500,000; 

16 ‘‘(v) for fiscal year 2029, 

17 $18,000,000; 

18 ‘‘(vi) for fiscal year 2030, 

19 $19,500,000; and 

20 ‘‘(vii) for fiscal year 2031, 

21 $21,000,000. 

22 ‘‘(B) AVAILABILITY.—Amounts made 

23 available pursuant to subparagraph (A) shall 

24 remain available until expended.’’; and 


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

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

3 (c)’’. 

4 (f) SAVINGS CLAUSE MODIFICATION.—Section 

5 11503 of the FAST Act (Public Law 114–94; 129 Stat. 

6 1691) is amended— 

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

8 (2) by redesignating subsection (c) as sub9 section (b). 

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

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

12 114–94; 129 Stat. 1319) is amended by striking the item 

13 relating to section 41013. 

14 SECTION 1. SHORT TITLE. 

15 This Act may be cited as the ‘‘Permitting Council Im16 provement Act of 2024’’. 

17 SEC. 2. FEDERAL PERMITTING IMPROVEMENT. 

18 (a) DEFINITIONS.—Section 41001(6)(A)(iv) of the 

19 FAST Act (42 U.S.C. 4370m(6)(A)(iv)) is amended, in the 

20 matter preceding subclause (I), by striking ‘‘in the opinion 

21 of the Council’’ and inserting ‘‘in the opinion of the Execu22 tive Director, in consultation with the Council’’. 

23 (b) FEDERAL PERMITTING IMPROVEMENT STEERING

24 COUNCIL.— 


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

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

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

4 by and with the advice and consent of the Sen5 ate’’ after ‘‘President’’; and 

6 (B) in subsection (c)— 

7 (i) in paragraph (1)— 

8 (I) by striking subparagraph (C); 

9 and 

10 (II) by redesignating subpara11 graphs (D) and (E) as subparagraphs 

12 (C) and (D), respectively; and 

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

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

15 projects’’ and inserting ‘‘covered projects 

16 and other projects in sectors described in 

17 subparagraph (A) of section 41001(6), ex18 cluding projects described in subparagraph 

19 (B) of that section’’. 

20 (2) CONFORMING AMENDMENTS.— 

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

22 Act (42 U.S.C. 4370m–1(c)(2)(A)(i)) is amended 

23 by striking ‘‘and the performance schedules 

24 under paragraph (1)(C)’’. 


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1 (B) Section 41003(c)(2)(B) of the FAST Act 

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

3 the matter preceding clause (i), by striking ‘‘fol4 low’’ and all that follows through ‘‘relevant fac5 tors,’’ and inserting ‘‘take into account relevant 

6 factors,’’. 

7 (c) PERMITTING PROCESS IMPROVEMENT.—Section 

8 41003 of the FAST Act (42 U.S.C. 4370m–2) is amended— 

9 (1) in subsection (a)(1)(C)— 

10 (A) by redesignating clauses (ii) through (v) 

11 as clauses (iii) through (vi), respectively; and 

12 (B) by inserting after clause (i) the fol13 lowing: 

14 ‘‘(ii) a statement of the total invest15 ment required to plan, design, and con16 struct the proposed project;’’; and 

17 (2) in subsection (c)(2)— 

18 (A) in subparagraph (C)— 

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

20 the following: 

21 ‘‘(i) IN GENERAL.—The Executive Di22 rector, in consultation with appropriate 

23 agency officials and the project sponsor, 

24 shall, as necessary, mediate any disputes— 


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1 ‘‘(I) identified by the appropriate 

2 agency official for any affected agency 

3 relating to the content or timing of the 

4 permitting timetable established under 

5 subparagraph (A); or 

6 ‘‘(II) identified by the project 

7 sponsor relating to an issue that could 

8 lead to the nonconformance with the 

9 permitting timetable established under 

10 that subparagraph.’’; 

11 (ii) by redesignating clauses (ii) and 

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

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

14 following: 

15 ‘‘(ii) MODIFIED PERMITTING TIME16 TABLE.— 

17 ‘‘(I) IN GENERAL.—As part of me18 diating a dispute relating to the con19 tent or timing of the permitting time20 table established under subparagraph 

21 (A), the Executive Director may— 

22 ‘‘(aa) require that the appro23 priate agency propose a new per24 mitting timetable, or modifica25 tions to a previously adopted perVerDate Sep 11 2014 03:18 Dec 17, 2024 Jkt 059200 PO 00000 Frm 00025 Fmt 6652 Sfmt 6203 E:\BILLS\S4679.RS S4679

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1 mitting timetable, to resolve the 

2 dispute; and 

3 ‘‘(bb) recommend that the af4 fected agencies adopt that new or 

5 modified permitting timetable. 

6 ‘‘(II) REVIEW AND RESPONSE.— 

7 Each affected agency shall have 10 

8 business days to review and respond to 

9 the new or modified permitting time10 table proposed under subclause (I)(aa) 

11 and if the agency determines that the 

12 agency is unable to adopt that new or 

13 modified timetable, that agency shall 

14 submit to the Executive Director, in 

15 writing, an explanation describing the 

16 reasons why the new or modified time17 table is not feasible. 

18 ‘‘(III) REPORTS.—Not less fre19 quently than once per quarter, the Ex20 ecutive Director shall submit to the 

21 Committee on Homeland Security and 

22 Governmental Affairs of the Senate 

23 and the Committee on Oversight and 

24 Accountability of the House of Rep25 resentatives a report on the number of 


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1 permitting timetables that were modi2 fied under this clause during the pe3 riod covered by the report.’’; and 

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

5 in the mattering preceding subclause (I), by 

6 striking ‘‘clause (ii)’’ and inserting ‘‘clause 

7 (iii)’’; 

8 (B) in subparagraph (D)— 

9 (i) in clause (i)— 

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

11 ‘‘or alternative completion date’’ after 

12 ‘‘completion date’’; and 

13 (II) in subclause (IV)— 

14 (aa) by striking ‘‘final’’ each 

15 place it appears; 

16 (bb) by inserting ‘‘or alter17 native completion date that is the 

18 final action’’ before ‘‘under a per19 mitting timetable’’; and 

20 (cc) by inserting ‘‘or alter21 native completion date established 

22 under clause (v)’’ before ‘‘, the fa23 cilitating or lead agency’’; 

24 (ii) in clause (ii)— 


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1 (I) by inserting ‘‘or alternative 

2 completion date established under 

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

4 completion date’’; and 

5 (II) by inserting ‘‘or alternative 

6 completion date, as applicable’’ after 

7 ‘‘the completion date’’; and 

8 (iii) by adding at the end the fol9 lowing: 

10 ‘‘(v) ALTERNATIVE COMPLETION

11 DATE.— 

12 ‘‘(I) IN GENERAL.—If a Federal 

13 agency has missed or will miss an in14 termediate or final completion date 

15 originally established under subpara16 graph (A) for agency action on a cov17 ered project and fails to comply with 

18 the process for modification of a per19 mitting timetable under clause (i), not 

20 later than 15 days after that inter21 mediate or final completion date, the 

22 agency, in consultation with the facili23 tating or lead agency, as applicable, 

24 any relevant cooperating and partici25 pating agencies, and the project sponVerDate Sep 11 2014 03:18 Dec 17, 2024 Jkt 059200 PO 00000 Frm 00028 Fmt 6652 Sfmt 6203 E:\BILLS\S4679.RS S4679

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1 sor, shall submit to the Executive Di2 rector an alternative completion date 

3 for publication on the Dashboard. 

4 ‘‘(II) TREATMENT.—An alter5 native completion date submitted 

6 under subclause (I) shall be subject to 

7 the same requirements for modification 

8 as other intermediate and final com9 pletion dates in the permitting time10 table originally established under sub11 paragraph (A).’’; 

12 (C) in subparagraph (F)— 

13 (i) in the subparagraph heading, by 

14 striking ‘‘CONFORMING TO’’ and inserting 

15 ‘‘COMPLIANCE WITH’’; 

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

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

18 (iii) by striking clause (ii) and insert19 ing the following: 

20 ‘‘(ii) FAILURE TO COMPLY.— 

21 ‘‘(I) IN GENERAL.—If a Federal 

22 agency fails to comply with an inter23 mediate or final completion date for 

24 the agency action on a covered project, 

25 not later than 10 business days after 


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1 the date on which the intermediate or 

2 final completion date has been or will 

3 be missed, the agency shall submit to 

4 the Executive Director for publication 

5 on the Dashboard an explanation of— 

6 ‘‘(aa) the specific reasons for 

7 failing to comply with the comple8 tion date; and 

9 ‘‘(bb) actions the agency will 

10 carry out to avoid additional 

11 delays, including actions to com12 ply with the alternative comple13 tion date established under sub14 paragraph (D)(v). 

15 ‘‘(II) STATUS REPORT.—If a Fed16 eral agency fails to comply with re17 quirements to establish a permitting 

18 timetable or the requirement to estab19 lish an alternative completion date 

20 under subparagraph (D)(v), each 

21 month until the month in which the 

22 Federal agency has established the per23 mitting timetable or alternative com24 pletion date under that subparagraph, 

25 the Federal agency shall submit to the 


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1 Executive Director for posting on the 

2 Dashboard a status report describing 

3 agency activity related to the project 

4 and actions to support the establish5 ment of a permitting timetable or al6 ternative completion date under that 

7 subparagraph.’’; 

8 (D) by redesignating subparagraph (G) as 

9 subparagraph (H); and 

10 (E) by inserting after subparagraph (F) the 

11 following: 

12 ‘‘(G) POSTING AND REPORTING AGENCY

13 NONCOMPLIANCE WITH PERMITTING TIMETABLE

14 MODIFICATION AND NONCOMPLIANCE PROCE15 DURES.— 

16 ‘‘(i) IN GENERAL.—Agency noncompli17 ance with the permitting timetable modi18 fication procedures under subparagraph (D) 

19 or the compliance requirements under sub20 paragraph (F) constitutes noncompliance 

21 with this title. 

22 ‘‘(ii) INDICATION OF NONCOMPLI23 ANCE.—The Executive Director shall post 

24 on the Dashboard, consistent with the re25 quirements of subsection (b)(4)(B), all inVerDate Sep 11 2014 03:18 Dec 17, 2024 Jkt 059200 PO 00000 Frm 00031 Fmt 6652 Sfmt 6203 E:\BILLS\S4679.RS S4679

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1 stances of agency noncompliance with per2 mitting timetables described under subpara3 graphs (D) and (F). 

4 ‘‘(iii) QUARTERLY REPORT.— 

5 ‘‘(I) IN GENERAL.—The Executive 

6 Director shall include in the quarterly 

7 agency performance report submitted 

8 to Congress pursuant to section 

9 41008(a)(2) all new and ongoing in10 stances of agency noncompliance with 

11 subparagraphs (D) and (F). 

12 ‘‘(II) INCLUSION OF PROJECT

13 SPONSOR COMMENTS.—The Executive 

14 Director shall offer the cooperating 

15 agencies and project sponsor of a cov16 ered project that is in noncompliance 

17 with subparagraph (D) or (F) the op18 portunity to provide for inclusion in 

19 the quarterly agency performance re20 port submitted to Congress pursuant to 

21 section 41008(a)(2) the views of the co22 operating agencies and project sponsor 

23 with respect to— 

24 ‘‘(aa) the cause of delay and 

25 agency noncompliance; and 


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1 ‘‘(bb) ways to avoid those 

2 delays and noncompliance in the 

3 future.’’. 

4 (d) REPORTS.— 

5 (1) REPORTS TO CONGRESS.— 

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

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

8 (i) by striking the section designation 

9 and heading and all that follows through 

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

11 and inserting the following: 

12 ‘‘SEC. 41008. REPORTS TO CONGRESS. 

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

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

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

16 (iii) in subsection (a)— 

17 (I) by redesignating paragraphs 

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

19 respectively, and indenting appro20 priately; and 

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

22 amended)— 

23 (aa) by striking ‘‘Infrastruc24 ture Investment and Jobs Act’’ 


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1 and inserting ‘‘Permitting Coun2 cil Improvement Act of 2024’’; 

3 (bb) by striking ‘‘fiscal 

4 year.’’ and inserting the following: 

5 ‘‘fiscal year, which shall in6 clude— 

7 ‘‘(i) a summary of permitting time8 table trends for sectors described in section 

9 41001(6)(A), including— 

10 ‘‘(I) a description of contributing 

11 factors that affect project timelines; 

12 and 

13 ‘‘(II) recommendations on what 

14 the duration of project timelines should 

15 be; 

16 ‘‘(ii)(I) descriptions of activities car17 ried out by the Council in furtherance of its 

18 role as a Federal center for permitting ex19 cellence; and 

20 ‘‘(II) an analysis of how those activi21 ties have affected Federal permitting proc22 esses and authorizations; 

23 ‘‘(iii) a description of each transfer 

24 made under section 41009(c)(3)(A), includVerDate Sep 11 2014 03:18 Dec 17, 2024 Jkt 059200 PO 00000 Frm 00034 Fmt 6652 Sfmt 6203 E:\BILLS\S4679.RS S4679

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1 ing the amount of funds transferred and to 

2 whom the funds were transferred; and 

3 ‘‘(iv) any other information the Execu4 tive Director determines relevant to report 

5 on implementation of this title.’’; 

6 (cc) by redesignating sub7 paragraph (B) as paragraph (2) 

8 and indenting appropriately; and 

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

10 redesignated), by striking ‘‘sub11 paragraph (A)’’ and inserting 

12 ‘‘paragraph (1)’’. 

13 (B) CLERICAL AMENDMENT.—The table of 

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

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

16 amended by striking the item relating to section 

17 41008 and inserting the following: 

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

18 (2) ONE-TIME REPORTS.— 

19 (A) REPORT ON PERMITTING WORK20 FORCE.—Not later than 18 months after the date 

21 of enactment of this Act, the Executive Director 

22 of the Federal Permitting Improvement Steering 

23 Council, in consultation with the Director of the 

24 Office of Personnel Management and the Director 


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1 of the Office of Management and Budget, shall 

2 submit to Congress a report that— 

3 (i) assesses current and projected needs 

4 in human capital at Federal agencies re5 sponsible for issuing permits; and 

6 (ii) makes recommendations for how to 

7 improve the Federal permitting workforce. 

8 (B) REPORT ON DASHBOARD.—Not later 

9 than 18 months after the date of enactment of 

10 this Act, the Executive Director of the Federal 

11 Permitting Improvement Steering Council, in 

12 coordination with the Secretary of Transpor13 tation and Administrator of General Services, 

14 shall submit to Congress a report that assesses, 

15 and makes recommendations on how to im16 prove— 

17 (i) the usability of the Permitting 

18 Dashboard required under section 41003(b) 

19 of the FAST Act (42 U.S.C. 4370m–2(b)); 

20 and 

21 (ii) the quality and usefulness of infor22 mation on the Dashboard. 

23 (C) INCLUSION IN ANNUAL REPORTS.—The 

24 reports required under subparagraphs (A) and 

25 (B) may be included in an annual report reVerDate Sep 11 2014 03:18 Dec 17, 2024 Jkt 059200 PO 00000 Frm 00036 Fmt 6652 Sfmt 6203 E:\BILLS\S4679.RS S4679

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1 quired to be submitted to Congress pursuant to 

2 subsection (a)(1) of section 41008 of the FAST 

3 Act (42 U.S.C. 4370m–7) (as amended by para4 graph (1)(A)). 

5 (3) REPEAL OF GAO REPORT.— 

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

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

8 (B) CLERICAL AMENDMENT.—The table of 

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

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

11 amended by striking the item relating to section 

12 41011. 

13 (e) FUNDING FOR GOVERNANCE, OVERSIGHT, AND

14 PROCESSING OF ENVIRONMENTAL REVIEWS AND PER15 MITS.—Section 41009 of the FAST Act (42 U.S.C. 4370m– 

16 8) is amended— 

17 (1) in subsection (a), by striking ‘‘projects to re18 imburse the United States for reasonable costs in19 curred in conducting environmental reviews and au20 thorizations for covered projects.’’ and inserting 

21 ‘‘projects.’’; 

22 (2) by striking subsections (b) and (c) and in23 serting the following: 

24 ‘‘(b) FEE STRUCTURE.—The fee structure established 

25 under subsection (a) shall— 


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1 ‘‘(1) enable the Executive Director to assess ap2 propriate fees for each covered project based on rel3 evant factors, including— 

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

5 covered project stated by the project sponsor in 

6 the notice of the initiation of a proposed covered 

7 project pursuant to section 41003(a)(1); 

8 ‘‘(B) the anticipated complexity of the envi9 ronmental review and authorization process for 

10 the covered project; and 

11 ‘‘(C) the resources available to each partici12 pating agency to conduct environmental reviews 

13 and issue authorizations for the covered project; 

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

15 project proponents, industries, and other stakeholders; 

16 ‘‘(3) not exceed 1 percent of the total investment 

17 required for the covered project stated by the project 

18 sponsor in the notice of the initiation of a proposed 

19 covered project pursuant to section 41003(a)(1); 

20 ‘‘(4) exclude parties for which the fee would im21 pose an undue financial burden or is otherwise deter22 mined to be inappropriate; and 

23 ‘‘(5) support the timely completion of environ24 mental reviews and authorizations for covered 

25 projects, including through the authority of the ExecVerDate Sep 11 2014 03:18 Dec 17, 2024 Jkt 059200 PO 00000 Frm 00038 Fmt 6652 Sfmt 6203 E:\BILLS\S4679.RS S4679

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1 utive Director to rescind amounts transferred from 

2 the Fund to a lead agency, cooperating agency, or 

3 participating agency that is not meeting timelines for 

4 the completion of environmental reviews and author5 izations for a covered project.’’; 

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

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

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

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

10 investments to improve Federal environmental 

11 reviews and authorizations and supporting in12 frastructure permitting processes,’’ after ‘‘agency 

13 project managers,’’; and 

14 (B) by striking paragraph (3) and inserting 

15 the following: 

16 ‘‘(3) TRANSFER.— 

17 ‘‘(A) IN GENERAL.—For the purpose of car18 rying out this title, and subject to subparagraph 

19 (B), the Executive Director, in coordination with 

20 the Director of the Office of Management and 

21 Budget, may transfer amounts in the Fund to 

22 other Federal agencies, State and local govern23 ments, territorial governments, Indian Tribes (as 

24 defined in section 4 of the Indian Self-Deter25 mination and Education Assistance Act (25 


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1 U.S.C. 5304)), Alaska Native Corporations, and 

2 Native Hawaiian organizations (as defined in 

3 section 6207 of the Elementary and Secondary 

4 Education Act of 1965 (20 U.S.C. 7517)) (in5 cluding the Department of Hawaiian Home 

6 Lands and the Office of Hawaiian Affairs) to fa7 cilitate timely and efficient environmental re8 views and authorizations, including for activities 

9 to facilitate meaningful governmental and public 

10 engagement, for covered projects and other 

11 projects in sectors described in section 

12 41001(6)(A), and for activities described in 

13 paragraph (2), which may include direct reim14 bursement agreements with agency CERPOs, re15 imbursable agreements, and approval and con16 sultation processes and staff for covered projects 

17 and other projects in sectors described in section 

18 41001(6)(A). 

19 ‘‘(B) APPROVAL OF CERTAIN TRANSFERS.— 

20 Any transfer made under subparagraph (A) in 

21 an amount of more than $2,000,000 shall be ap22 proved by the Office of Management and Budget. 

23 ‘‘(4) AUTHORIZATION OF APPROPRIATIONS.— 

24 ‘‘(A) IN GENERAL.—In addition to amounts 

25 deposited in the Fund under paragraph (1), and 


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1 subject to subparagraph (B), there is authorized 

2 to be appropriated for deposit in the Fund 

3 $9,002,000 for each of fiscal years 2025 through 

4 2031. 

5 ‘‘(B) ADJUSTMENTS FOR INFLATION.—The 

6 amount authorized to be appropriated for each of 

7 fiscal years 2026 through 2031 under subpara8 graph (A) shall be adjusted for inflation.’’; and 

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

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

11 (c)’’. 

12 (f) TECHNICAL AMENDMENT.—The table of contents 

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

14 114–94; 129 Stat. 1319) is amended by striking the item 

15 relating to section 41013. 


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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 

purposes. the Federal permitting process, and for other 

DECEMBER 16, 2024 

Reported with an amendment 


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