CERTAIN Act
- Bill Number
- H.R. 8308
- Origin Chamber
- House
- Congress
- 119th Congress, Session 2
- Policy Area
- Environmental Protection
- Status
- Introduced
- Latest Action
- 2026-04-15: Referred to the Committee on Natural Resources, and in addition to the Committees on Transportation and Infrastructure, and Energy and Commerce, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned.
- Last Updated
- 2026-07-08T18:42:30Z
AI-Generated Summary
H.R. 8308: Create Expedited Reviews to Transform American Infrastructure Now Act (CERTAIN Act)
Purpose
The legislation aims to speed up federal permitting and environmental reviews for infrastructure projects by imposing strict timelines on agencies, limiting their ability to revoke approvals, requiring coordinated processes, and expanding judicial oversight. It targets "authorizations" like permits, licenses, and approvals needed for project design, construction, or operation.
Key Provisions
- Authorization Certainty (Sec. 2): Federal agencies cannot revoke, suspend, or alter an authorization except in narrow cases: court order; immediate harm to life/property/security not foreseen in prior reviews; holder request; or material breach/fraud (with 7-day notice). Actions require clear and convincing evidence, written notice, and are limited in scope. Judicial review is available in specific courts; agencies cannot seek vacatur without holder consent.
- Application Review Timelines (Sec. 3): Agencies must acknowledge applications within days, determine completeness within 30-45 days, and request only necessary info. Applications are deemed complete if agencies miss response deadlines (60/30/30 days with attestations). Denials require written justification; no revocation of completeness findings.
- Preventing Environmental Review Delays (Sec. 4): Council on Environmental Quality (CEQ) issues guidance, mediates disputes (with resolution directives if needed), and reports on delays. CEQ actions are not judicially reviewable until final agency decisions.
- Judicial Review (Sec. 5): Treats revocations, delays, or denials as final agency actions under the Administrative Procedure Act (APA). Venue limited to project circuit or D.C. Circuit. Courts presume unreasonable delay if deadlines missed; must decide cases within 90 days and order corrective actions with deadlines if delays found.
- Process Coordination for Complex Projects (Sec. 6): Designates a lead agency for multi-agency projects; identifies participating agencies. Requires coordination plans with schedules (e.g., 6 months for no NEPA doc, 1 year for assessment, 2 years for impact statement). Single document for final actions; routine authorizations deemed approved after 30 days. Accountability notices and reviews for missed deadlines.
- Permitting Capacity (Sec. 7): Agencies assess staffing needs every 5 years; if insufficient, Office of Personnel Management creates hiring plans. Grants direct hire authority for 5 years to fill gaps.
- Definitions (Sec. 8): Clarifies terms like authorization (permits/approvals), complex authorization (e.g., needing environmental impact statements or consultations), routine authorization (simpler ones), and environmental review.
Significant Changes to Existing Law
- Limits Agency Discretion: Prohibits routine revocation of approvals without high evidentiary bars, unlike prior flexible authority.
- Deemed Approvals/Completeness: Introduces automatic approvals for routine permits after 30 days and completeness if agencies delay—new "shot clocks" beyond existing laws like FAST Act.
- Expedited Judicial Review: 90-day court deadlines, rebuttable presumptions of delay, and severable single documents for multi-agency approvals; restricts vacatur.
- Coordination Mandates: Formal lead/participating agency roles, unified schedules/documents, and CEQ mediation—not previously required at this level.
- Hiring Tools: New direct hire powers tied to permitting workloads.
Potential Impacts
- Government Agencies: Increased accountability with mandatory timelines, notices, and court oversight; potential staffing boosts via hiring authority; CEQ gains mediation role.
- Citizens and Developers: Faster project approvals could accelerate infrastructure (e.g., energy, transport), creating jobs and improving services, but shorten public/environmental input periods.
- International Relations: None directly addressed; focuses on domestic projects.
Main Stakeholders Affected
- Project Applicants/Developers: Benefit from timelines, deemed approvals, and revocation limits.
- Federal Agencies (e.g., those under Natural Resources, Transportation, Energy committees): Face stricter processes, coordination duties, and judicial risks.
- States, Tribes, Local Governments: Invited as participating agencies; tribes exempt from some response deadlines.
- Environmental/Community Groups: Indirectly affected via faster reviews, though public comment periods preserved.
- CEQ and Courts: Expanded roles in guidance, mediation, and expedited reviews.
Notable Legal, Constitutional, or Political Implications
- Legal: Strengthens APA challenges (5 U.S.C. ch. 7) with presumptions and deadlines; ensures severability in multi-agency docs to avoid blanket invalidations. Savings clauses preserve existing laws/authorities.
- Constitutional: Enhances due process for applicants via notice/evidence requirements; no direct challenges noted, but could limit agency flexibility under statutes like NEPA (National Environmental Policy Act).
- Political: Promotes infrastructure development by curbing "regulatory delays"; bipartisan sponsors signal permitting reform consensus, with reports to Congress for oversight. No new agency powers created.
This summary was generated by AI and may contain inaccuracies. Refer to the official source document for the authoritative text.
Sponsor
Rep. Peters, Scott H. [D-CA-50]
Cosponsors (7)
Rep. Evans, Gabe [R-CO-8], Rep. Vasquez, Gabe [D-NM-2], Rep. Garbarino, Andrew R. [R-NY-2], Rep. Gray, Adam [D-CA-13], Rep. Ciscomani, Juan [R-AZ-6], Rep. Houlahan, Chrissy [D-PA-6], Rep. Kiggans, Jennifer A. [R-VA-2]
Recent Actions
- 2026-04-15: Referred to the Committee on Natural Resources, and in addition to the Committees on Transportation and Infrastructure, and Energy and Commerce, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned.
- 2026-04-15: Referred to the Committee on Natural Resources, and in addition to the Committees on Transportation and Infrastructure, and Energy and Commerce, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned.
- 2026-04-15: Referred to the Committee on Natural Resources, and in addition to the Committees on Transportation and Infrastructure, and Energy and Commerce, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned.
- 2026-04-15: Introduced in House
- 2026-04-15: Introduced in House
Bill Versions
- Create Expedited Reviews to Transform American Infrastructure Now Act — issued 2026-04-15 — PDF (40 pages)