Federal permitting capacity

(a) In general To the maximum extent practicable, the head of each agency listed under section 41002(b)(2)(B) of the FAST Act (42 U.S.C. 4370m–1(b)(2)(B)), including the head of any agency invited pursuant to clause (xiv) of such subparagraph (B), shall maintain adequate personnel capacity and expertise to process authorizations and environmental documents for projects in a timely manner, including in compliance with sections 107(g) and 112(a)(4) of the National Environmental Policy Act of 1969 (42 U.S.C. 4336a(g) and 4336f(a)(4)). (b) Assessment Not later than 90 days after the date of enactment of this section, the head of each agency described in subsection (a) shall submit to the Director of the Office of Personnel Management, the Committee on Natural Resources, and the Environment and Public Works Committee a report on the personnel capacity of the agency to process authorizations and environmental documents for projects in a timely manner, which shall include— (1) the number of employees—broken down by field office—responsible for processing such authorizations and environmental documents as of the date on which the report is submitted; (2) the number of employees—broken down by field office—responsible for processing such authorizations and environmental documents as of January 1, 2025; (3) the number of employees—broken down by field office—necessary for the agency to complete environmental documents in compliance with sections 107(g) and 112(a)(4) of the National Environmental Policy Act of 1969 (42 U.S.C. 4336a(g) and 4336f(a)(4)); (4) the capacity of the agency—broken down by field office—to engage with communities affected by projects when preparing environmental documents, including dedicated Tribal consultation capacity, language access services, and designated community engagement personnel as described in section 706; (5) the adequacy of the training available to employees related to processing such authorizations and environmental documents; and (6) a finding by the agency whether there are a sufficient number of employees of the agency to comply with sections 107(g) and 112(a)(4) of the National Environmental Policy Act of 1969 (42 U.S.C. 4336a(g) and 4336f(a)(4)) and engage with communities. (c) Implementation plan Upon receipt of the report, if an agency finds under subsection (b)(5) that there are an insufficient number of employees—broken down by field office—of the agency to comply with sections 107(g) and 112(a)(4) of the National Environmental Policy Act of 1969 (42 U.S.C. 4336a(g) and 4336f(a)(4)) and engage with communities, or insufficient training opportunities available, the Director of the Office of Personnel Management shall develop and execute a plan to increase personnel capacity and expertise at the agency. (d) Direct hire authority (1) In general Notwithstanding section 3304 of title 5, United States Code, and without regard to the provisions of sections 3309 through 3318 of such title 5, if the head of an agency described in subsection (a) issues or renews a certification that there is a severe shortage of candidates or a critical hiring need for covered positions to carry out the responsibilities and activities of the agency with respect to processing authorizations and environmental documents for infrastructure projects in a timely manner, the agency head may, subject to paragraphs (2) and (3), recruit and directly appoint highly qualified individuals into the competitive service. (2) Limitation The recruiting and appointment of highly qualified individuals under paragraph (1) shall be consistent with the merit principles of section 2301 of title 5, United States Code, and the agency shall comply with the public notice requirements of section 3327 of such title 5. (3) Termination A certification issued or renewed under this subsection shall terminate on the earlier of— (A) the date that is 5 years after the certification is issued or renewed; or (B) the date on which the agency head determines that there is no longer a severe shortage of candidates or a critical hiring need for covered positions to carry out the responsibilities and activities of the agency related to permitting. (e) Authorization of appropriations In addition to amounts otherwise available, there is authorized to be appropriated such sums as is necessary to conduct more efficient, accurate, and timely reviews for planning, permitting and approval processes through the hiring and training of personnel, and the purchase of technical and scientific services and new equipment, and to improve agency transparency, accountability, and public engagement. (f) Definitions In this section: (1) Authorization The term authorization means any license, permit, approval, finding, determination, or other administrative decision issued by an agency and any interagency consultation that is required or authorized under Federal law in order to site, construct, reconstruct, or commence operations of an infrastructure project. (2) Covered position The term covered position means a position in which an employee is responsible for conducting work of a scientific, technical, engineering, mathematical, legal, or otherwise highly specialized or skilled nature related to processing authorizations and environmental documents for infrastructure projects in a timely manner. (3) Environmental document The term environmental document has the meaning given such term in section 111 of the National Environmental Policy Act of 1969 (42 U.S.C. 4336e).