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[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[H.R. 8784 Introduced in House (IH)]
<DOC>
118th CONGRESS
2d Session
H. R. 8784
To require each agency to evaluate the permitting system of the agency,
to consider whether a permit by rule could replace that system, and for
other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
June 18, 2024
Ms. Maloy (for herself, Mrs. Chavez-DeRemer, Mr. Newhouse, Mrs.
Peltola, Mr. LaTurner, Mr. Pfluger, Mr. Fong, Mr. Curtis, Mr. Gosar,
Mr. Stauber, Mr. Arrington, Mr. Moore of Utah, Mrs. Fischbach, and Mr.
Zinke) introduced the following bill; which was referred to the
Committee on Oversight and Accountability
_______________________________________________________________________
A BILL
To require each agency to evaluate the permitting system of the agency,
to consider whether a permit by rule could replace that system, and for
other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Full Responsibility and Expedited
Enforcement Act'' or the ``FREE Act''.
SEC. 2. FINDINGS.
Congress finds the following:
(1) Agencies near unanimously operate under a permitting
system that gives agencies broad discretion and requires the
Government to review each permitting application.
(2) Agencies near unanimously operate under a permitting
system that either does not have time constraints, or has time
constraints that agencies do not follow.
(3) The combination of broad discretion and the lack of
time constraints often results in a tedious, time consuming,
and often expensive permitting system for the Government and
applicants. Moreover, agencies will sometimes use their
discretion and the time consuming nature of permitting to stall
or discourage permit issuance.
(4) There is a compelling interest in avoiding unnecessary
delay and expense in Federal permitting.
(5) Permit by rule is a process that seeks to overcome
agency delay and the cumbersome cost of agency review to
Government and private interests.
(6) Permit by rule is a process of permitting that includes
specific written standards for obtaining a permit, a simple
requirement for an applicant to certify compliance with each of
the standards, and a streamlined approval of a maximum of 30
days that only allows the Government to verify that all
conditions are met. The Government retains the right and
responsibility to audit and enforce compliance with permitting
requirements. Focusing upon permittees who are violating the
law or standards rather than gatekeeping will make permitting
more efficient while allowing an agency to protect the
compelling interests for which permitting systems are intended.
SEC. 3. PERMIT BY RULE.
(a) Report to Congress Required.--Not later than 240 days after the
date of the enactment of this section, the head of each agency shall
submit to Congress a report on the following:
(1) An evaluation of each permit of the agency.
(2) A list and description of each permit issued by the
agency.
(3) The requirements for obtaining each such permit.
(4) A specific description of each step the agency follows
to review a permit application, including a list of the job
title of each employee of the agency involved in the system and
a short job description for each such title.
(5) An estimate of the time the agency typically requires
to review an application that begins on the date on which an
application is submitted and ends on the date on which a
successful application is granted.
(6) A description of each action taken for a case in which
an application is found to not meet the necessary requirements
to be granted a permit.
(7) A list of primary interests that each permit is
intended to protect.
(8) An individual determination for each such permit that
describes whether a permit by rule could replace the permitting
system.
(9) An identification of each permit issued by the agency
that could use a permit by rule.
(10) An identification of each permit for which the head of
the agency has determined the agency could not reasonably use a
permit by rule, including a description with particularity and
detail the reasons why permit by rule could not be reasonably
used for each such permit.
(11) An identification of any challenges the head of the
agency anticipates in a transition to a permit by rule.
(b) Permit by Rule.--
(1) Automatic approval of permits.--Not later than 12
months after the date on which the report is submitted pursuant
to subsection (a), the head of each agency shall establish a
permit by rule application process that does the following:
(A) Specified in writing each requirement and
substantive standard that must be met by an applicant
to file under a permit by rule.
(B) Allows an applicant to submit an application
that contains only each required certification for each
requirement or substantive standard established under
subparagraph (A).
(C) Deems an application for a permit granted if--
(i) the application contains each
certification described in subparagraph (B);
and
(ii) a period of 30 days after the date on
which the completed application was submitted
has expired.
(2) Correction of application.--The head of an agency may
contact an applicant if any certification is missing from an
application submitted under paragraph (1).
(3) Denial of application and enforcement.--
(A) Reason for denial.--The head of an agency may
only deny an application submitted under a permit by
rule if the head of the agency identifies a requirement
or substantive standard described in paragraph (1)(A)
that was not met and states with particularity the
facts and reasoning for such denial.
(B) Audit and enforcement.--
(i) Audit.--The head of an agency may audit
an application and verify compliance with
substantive standards, which may include
reasonable requests for documentation.
(ii) Enforcement.--The head of an agency
may deny an application submitted under a
permit by rule at any time or halt permitted
action if the head of the agency finds that a
substantive standard is not being met.
(C) Direct appeal.--An applicant whose application
for a permit by rule is denied or whose action under a
permit issued under a permit by rule is halted may
appeal such denial or halting in an appropriate United
States district court.
(D) Reasonable interpretation of substantive
standards.--In an appeal under subparagraph (C), the
court shall consider an applicant that had a reasonable
interpretation of a substantive standard, and made a
good faith effort to comply with such standard pursuant
to such reasonable interpretation, to have met such
standard.
(E) Burden of proof.--In an appeal under
subparagraph (C), the agency shall bear the burden of
proof to show that an applicant's interpretation was
not reasonable and that their effort to comply was not
in good faith.
(F) Interpretation.--A court shall interpret an
agency rule for a permit by rule in a manner that
favors the applicant if the applicant made a good faith
effort to comply with the requirements of the permit by
rule.
(G) Attorney fees; permit granted.--If the court
finds for the applicant under this paragraph, the
agency shall pay the attorney fees of the applicant and
the permit shall is deemed granted.
(c) Permit by Rule Required.--
(1) In general.--Not later than the date on which the
report is submitted pursuant to subsection (a), the head of
each agency shall issue a permit by rule for any permit
identified in subsection (a)(9).
(2) Qualifying applicants.--Not later than 90 days after
the date of the enactment of this section, the head of each
agency shall provide a permit by rule option for any applicant
for a permit that fits within the description of the activities
that are approved for permit by rule.
(d) Restrictions on Agency Settlement Agreements.--The head of an
agency may not enter into a settlement agreement with an applicant
under subsection (b) in which the agency agrees to not enforce this
Act, any regulation promulgated under this Act, or any permitting
requirement for a permit by rule established under this Act against
such applicant.
(e) Congressional Oversight.--Not later than 180 days after the
date of the enactment of this Act, the head of each agency shall submit
to Congress a report on the progress of the agency in transitioning to
and implementing each permit for which permit by rule is implemented
under this Act.
(f) Maintenance of Previous Permitting System.--
(1) Concurrent use of previous permitting system.--If the
head of agency determines that the permitting system in effect
before the date of the enactment of this Act provides value
that the permit by rule does not, and a permit by rule is
otherwise viable, the head of the agency may offer both the
permitting system and the permit by rule, and the applicant may
choose which to use, if the head of the agency includes the
value such permitting system has that a permit by rule does not
in the report required pursuant to subsection (a).
(2) Preference for permit by rule.--If an agency determines
that permit by rule is viable, yet wishes to maintain only one
permitting system, the agency shall choose permit by rule.
(3) Previous permitting system instead of permit by rule.--
The head of an agency may continue to use a permitting system
instead of a permit by rule if the head of the agency includes
in the report described in subsection (a) the reasons a permit
by rule is not viable.
(g) Definitions.--In this section:
(1) Agency; rule.--The terms ``agency'' and ``rule'' have
the meaning given those terms in section 551 of title 5, United
States Code.
(2) Completed application.--The term ``completed
application'' means an application submitted under subsection
(b) that contains an application with certifications that the
applicant meets each requirement and substantive standard
established under subsection (b)(1)(A).
(3) Permit by rule.--The term ``permit by rule'' means the
permitting process described under subsection (b).
(4) Substantive standard.--The term ``substantive
standard'' means all qualities, statuses, actions, benchmarks,
measurements, or other written descriptions that would qualify
a party to perform the permitted action.
<all>
Introduced in House
Introduced in House
Referred to the House Committee on Oversight and Accountability.
Committee Consideration and Mark-up Session Held
Ordered to be Reported in the Nature of a Substitute by the Yeas and Nays: 22 - 18.
Reported (Amended) by the Committee on Oversight and Accountability. H. Rept. 118-940.
Reported (Amended) by the Committee on Oversight and Accountability. H. Rept. 118-940.
Placed on the Union Calendar, Calendar No. 791.
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