Yesterday, the Senate passed S 3451, a bill to include certain computer-related projects in the Federal permitting program under title XLI of the FAST Act. The bill was passed on the same day it was introduced. It was considered under the Senate’s unanimous consent process with no debate and no vote. It adds a variety of computer related projects to the potential oversight and coordination of the Federal Permitting Improvement Council.
Provisions
The very short bill (1 section, eight lines) amends the definition of the term ‘covered project’ in 42 USC 4370m(6). It inserts the phrase: “semiconductors, artificial intelligence and machine learning, high-performance computing and advanced computer hardware and software, quantum information science and technology, data storage and data management, cybersecurity,” in paragraph (A) to make that paragraph read:
“The term ‘‘covered project’’ means any activity in the United States that requires authorization or environmental review by a Federal agency involving construction of infrastructure for renewable or conventional energy production, electricity transmission, surface transportation, aviation, ports and waterways, water resource projects, broadband, pipelines, manufacturing, semiconductors, artificial intelligence and machine learning, high-performance computing and advanced computer hardware and software, quantum information science and technology, data storage and data management, cybersecurity, or any other sector as determined by a majority vote of the Council that—”
Thus, the bill would allow a variety of computer-based projects to be added to the so called ‘FAST-41’ permitting coordination process outlined under 42 USC Chapter 55, Subchapter IV.
FAST-41 Projects
According to the Federal Permitting Improvement Steering Council web site the Council was established to improve “the transparency, predictability, and outcomes of the Federal environmental review and authorization process for certain large-scale critical infrastructure projects [emphasis added].” The FAST-41 process seeks to maximize predictability and positive environmental and community outcomes through:
Coordinated agency action in developing and implementing comprehensive permitting timetables
Coordinated establishment of public and Tribal outreach strategies
Meaningful project sponsor engagement
Identification and implementation of best practices
Dispute resolution services
Posting and maintaining transparent, publicly-accessible permitting timetables on the Federal Permitting Dashboard
Moving Forward
With the quick movement of this bill through the Senate, it would seem that this bill has a large measure of bipartisan support. If the bill is taken up quickly in the House, it would likely be considered under the suspension of the rules process. There would be limited debate and it would require a supermajority for passage. Unless something develops between now and the time it is taken up in the House it is likely to pass.
Of course, priorities in the House are not the same as the priorities in the Senate, even when both are ‘controlled’ by the same party. It will be interesting to see if this bill makes its way to the floor of the House.
Commentary
It is unusual for a bill to be introduced and passed on the same day. This typically means that there is widespread consensus on both the provisions of the bill and quick movement to passage. What is unusual here is that I have seen no indication of any ‘large scale critical infrastructure’ cyber project that has been held up by the federal environmental permitting process. While I could imagine a new, and very large, semiconductor manufacturing facility running into such problems, that type of facility would have already been covered by the ‘manufacturing’ provision in the existing language.
Sen. Haggerty (R,TN) did mention this bill in passing yesterday in a press release noting:
“Americans are facing months-long delays for a new car, refrigerator, or building materials. We must make our supply chains more resilient by bringing back American manufacturing, from raw materials to shipping equipment. That’s why I recently introduced bipartisan legislation with Sens. Angus King (I-Maine) and Rob Portman (R-Ohio) to improve federal permitting processes that are limiting American development of key technologies, from semiconductors to advanced computing. This legislation will enhance America’s competitiveness without requiring new spending. It deserves a vote in 2022.”
The fact that this mention was included in a rather typical diatribe by Haggerty against the Biden Administration and the Democrats in control of the Senate, further makes it surprising that Sen Schumer (D,NY) would bring this bill so quickly to the floor of the Senate. Even the support of cosponsor, Sen King (I,NH) does not explain Schumer’s quick action. There is something else going on here, I am just not sure what.