Sec. 7. Federal permitting capacity
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Not later than 180 days after the date of enactment of this section, and every 5 years thereafter, 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) ) shall submit to the Director of the Office of Personnel Management, the Committee on Natural Resources and the Committee on Energy and Commerce of the House of Representatives, and the Committee on Environment and Public Works and the Committee on Energy and Natural Resources of the Senate a report on the personnel capacity of the respective agency, which shall include— the capacity of the agency (broken down by State and region) to engage with communities affected by projects when processing applications for authorizations for projects, including environmental reviews; and a finding by the agency whether there are a sufficient number of employees of the agency (broken down by field office) to— process applications for authorizations for projects, including environmental reviews, in a timely manner; and 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)).
Upon receipt of a report submitted under subsection (a), if an agency finds under subsection (a)(2) that there are an insufficient number of employees of the agency to carry out the activities described in subparagraphs
(A)and
(B)of subsection (a)(2), the Director of the Office of Personnel Management shall (not later than 90 days after receipt of the report submitted under subsection (a)) publish, develop, and initiate the execution of a plan to increase the personnel capacity of the agency to ensure the agency has a sufficient number of employees to carry out such activities. 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)finds in the report under subsection (a)(2) that there are an insufficient number of employees to carry out the activities described in subparagraphs
(A)and
(B)of subsection (a)(2), the head of the agency may, subject to paragraphs
(2)and (3), recruit and appoint highly qualified individuals into the competitive service. 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. The authority to recruit and appoint highly qualified individuals under paragraph
(1)shall terminate on the earlier of— the date that is 5 years after the submission of the report including the applicable finding; and the date on which the agency head determines that there is no longer an insufficient number of employees to carry out the activities described in subparagraphs
(A)and
(B)of subsection (a)(2). In addition to amounts otherwise available, there is authorized to be appropriated such sums as is necessary to carry out the provisions of this subsection.
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- 42 USC 4370m–1(b)(2)(B)
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