[Congressional Record Volume 169, Number 76 (Thursday, May 4, 2023)]
[Senate]
[Page S1523]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]



                           Permitting Reform

  Mr. McCONNELL. Mr. President, in the teeth of the Great Depression, 
America built the tallest structure in the world, the Empire State 
Building. And we did it in 13\1/2\ months. Today, major infrastructure 
projects wait an average of 4\1/2\ years just for an environmental 
impact statement before they can break ground.
  Beginning in the middle of the civil war, the transcontinental 
railroad took 5 years and 7 months to build from first rail to Golden 
Spike--in the middle of the civil war. Today, it can take roughly twice 
that long just to get the permit to open a mine.
  The American people have heard a lot of talk from Washington about 
permitting reform. But our Nation's builders, refiners, miners, and job 
creators know what they need is a lot less Washington getting in the 
way. America is facing down strategic competition with major rivals 
like China that will shape the next centuries of world history. We are 
in a race for security, prosperity, and influence.
  But even as Washington Democrats say they want to help America build 
things, make things, upgrade our infrastructure, and win that 
competition, they keep making it harder to do exactly that.
  After the bipartisan infrastructure bill became law in 2021, the 
Biden administration had unelected bureaucrats at the Federal Highway 
Administration urging States--listen to this--not to spend 
infrastructure funding on commonsense things like expanding highway 
capacity and focus on equity and sustainability sideshows instead.
  After the CHIPS Act passed in 2022, the administration's Commerce 
Department tried to rewrite parts of the law, after the fact, to 
maximize the benefits for Democrats' Big Labor allies. Secretary 
Raimondo marketed the bill as an urgent national security priority, 
securing supply chain for microchips. But the left wants to turn it 
into a Trojan horse for miscellaneous leftwing demands related to 
workplace H.R.
  By one measure last year, the number of natural gas pipeline projects 
that were canceled dwarfed the number that were completed. On the Biden 
administration's watch, we are canceling more gas pipelines than we are 
building--in this administration, canceling more pipelines than we are 
building.
  Last April, the Council on Environmental Quality issued a rule that 
would open new infrastructure projects--listen to this--to even more 
frivolous litigation from radical activists by redefining whole 
categories of potential and environmental effects.
  Mr. President, this week, the Democratic leader announced he wants 
the Senate to pass even more legislation related to competition with 
China. But our Democratic colleagues gave the game away when they 
continually obstruct real honest-to-goodness commonsense reforms to our 
permitting process. We cannot and we will not outcompete China by 
rewarding radical activists' bad behavior. We will outcompete China if 
and when we decide we are going to help builders actually build.
  Our colleagues Ranking Member Capito of the EPW Committee and Ranking 
Member Barrasso of the Energy Committee are the experts in this space. 
Consider the case our friend from West Virginia recalled just yesterday 
on the floor. The Mountain Valley Pipeline was designed to help heat 10 
million homes across Appalachia, and it was supposed to be completed--
listen to this--5 years ago. Construction is more than 90 percent 
complete. But thanks to predatory legal challenges, the builders have 
now literally spent more time in court than on the job site, and a 
project that was supposed to cost $3.5 million now has a pricetag 
almost twice that size thanks to legal delays and legal fees.

  It is actually mind-boggling to think that in the world's most 
advanced economy, we simply let our critical infrastructure crumble, 
our skilled workers stay home, and our brightest ideas languish until 
radical environmentalists run out of legal challenges and unelected 
Washington bureaucrats decide they are finally satisfied.
  Thankfully--thankfully--our colleagues from West Virginia and Wyoming 
are teaming up to introduce two bills that deliver real--real--
permitting reform. The Capito and Barrasso bills are designed to create 
a streamlined fast track for energy and infrastructure projects, set 
enforceable limits on bureaucratic reviews and legal challenges, and 
give builders certainty that changing political winds won't hamstring 
their projects.
  Unleashing American energy, harnessing American resources, and 
investing in the American workforce--these are the crucial priorities; 
and, led by Senators Capito and Barrasso, Senate Republicans are on the 
case.
  I suggest the absence of a quorum.
  The ACTING PRESIDENT pro tempore. The clerk will call the roll.
  The senior assistant legislative clerk proceeded to call the roll.
  Mr. DURBIN. Mr. President, I ask unanimous consent that the order for 
the quorum call be rescinded.
  The PRESIDING OFFICER (Mr. Lujan). Without objection, it is so 
ordered.
  The majority whip.