Permitting, NEPA renewal and Buy America top committee agenda in Duffy hearing

Commerce, Science, and Transportation: Senate Committee ยท January 15, 2025

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Summary

Senators questioned Sean Duffy about permitting delays, TxDOT's NEPA assignment renewal, deepwater port licensing, Buy America enforcement and transparency of DOT discretionary ratings; Duffy pledged to review designations, follow the law, and share staff ratings with the committee.

Permitting and program implementation were persistent themes in the confirmation hearing for Sean Duffy. Senators pressed the nominee to address long permitting timelines, renew state NEPA assignment authorities, and ensure that discretionary infrastructure awards are transparent to congressional oversight.

Senator Cantwell asked whether Duffy would prioritize renewal of the Texas Department of Transportation's NEPA assignment authority before its expiration in March 2025; Duffy replied he would "look at" the designation and "hope to reauthorize that designation." Chairman Cruz and other senators raised pending MARAD applications for deepwater ports and urged expedited review, including for the Delfin LNG reapplication; Duffy said he would "commit to following the law" and expedite review consistent with statute.

Transparency of discretionary awards drew pointed questions. Chairman Cruz asked Duffy to commit to sharing DOT career staff ratings for discretionary awards that related to the California high-speed rail project; Duffy responded, "I believe in transparency, and so I would commit to, sharing those ratings with the committee." Senators also discussed Buy America rules and enforcement; Senator Baldwin pressed for adherence to recently finalized rules and Duffy answered he would follow the law and review those rules before making new commitments.

Infrastructure reauthorization and program delivery were also in focus: senators asked about the 2026 surface transportation authorization deadline, implementation of the 1-Federal-Decision process to accelerate permitting, grant guidance for IIJA programs and benefit-cost analysis guidance; Duffy pledged to provide technical assistance to Congress and to review existing guidance to speed project delivery where possible while protecting safety and environmental safeguards.

The hearing left open several near-term compliance tasks for the nominee should he be confirmed: review and, as appropriate, reauthorize TxDOT's NEPA assignment; share DOT staff ratings for discretionary awards requested by the committee; and examine MARAD licensing backlogs and the Delfin reapplication. Committee follow-ups and written questions were set to continue in the record.