Committee Passes Peters and Lankford Bipartisan Bill to Increase Transparency and Improve the Federal Permitting Process

WASHINGTON, D.C. – Bipartisan legislation led by U.S. Senator Gary Peters (D-MI) and James Lankford (R-OK) to update the federal permitting process and increase Congressional oversight of the Federal Permitting Improvement Steering Council (Permitting Council) has advanced in the Senate. This bill would make technical and commonsense improvements to the authorities of the Permitting Council which has been charged with improving the permitting and environmental review process for certain critical infrastructure projects. Since its authorization in 2015, the Permitting Council has struggled to coordinate projects due to ambiguities in its authority and scope as an independent agency. This bill would bolster the Permitting Council’s ability to coordinate projects, clarify which projects can be covered, and strengthen Congressional oversight. The bill follows an oversight hearing Peters convened on the Permitting Council in July. The bill was passed by the Senate Homeland Security and Governmental Affairs Committee where Peters serves as Chair, and now moves to the full Senate for consideration. 

“As we invest in our nation’s infrastructure, it’s crucial that we optimize our permitting processes to ensure projects move forward efficiently, while still conducting the appropriate environmental reviews,” said Senator Peters. “My bipartisan bill will empower the Permitting Council to better coordinate between agencies and streamline approvals for critical infrastructure projects. By improving this process, we’re not just cutting red tape – we’re accelerating the development of projects that will create jobs, boost our economy, and improve quality of life for Americans across the country, while maintaining our commitment to robust environmental stewardship.” 

The Permitting Council, established by the Homeland Security and Governmental Affairs Committee in 2015 aims to streamline permitting for critical infrastructure projects. However, its effectiveness has been limited, with only 37 projects successfully coordinated since its creation. The Council’s narrow scope for eligible projects and lack of authority to hold agencies accountable for timely permitting has contributed to its difficulty in meeting established performance targets. Additionally, through a provision in the Inflation Reduction Act, the Council has taken on new priorities and authorities without parallel increases in Congressional oversight. 

The bipartisan Permitting Council Improvement Act would enhance the Council’s authorities and oversight, enabling more efficient and coordinated permitting decisions without modifying or reducing underlying environmental, historical, or cultural protections. The bill would clarify the Council’s scope and allow for increased coordination on Tribal, rural broadband, and port and maritime projects. The bill would also expand the role and responsibilities of the Council’s Executive Director, clarifying authority to coordinate projects, improve the dispute resolution process between agencies, and streamline funding and fee structures. To ensure greater transparency and accountability in the Council’s operations, the bill strengthens Congressional oversight by requiring new reports about the Council’s funding transfers and its work supporting agencies. The bill also requires that the President consult with Congress when appointing a new Executive Director. 

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