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[Congressional Bills 119th Congress]
[From the U.S. Government Publishing Office]
[H.R. 689 Introduced in House (IH)]
<DOC>
119th CONGRESS
1st Session
H. R. 689
To require each agency to evaluate the permitting system of the agency,
to consider whether permitting by rule could replace that system, and
for other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
January 23, 2025
Ms. Maloy (for herself, Mr. Finstad, Mr. Moore of Utah, Mr. Valadao,
Mr. Arrington, Mr. Owens, Mr. Pfluger, Mr. Ciscomani, Mr. Stauber, Mrs.
Fischbach, Mr. Newhouse, Mr. Collins, Mr. Moylan, Mr. Yakym, Mr. Fong,
Mr. Gosar, Mr. Fulcher, and Mr. Kennedy of Utah) introduced the
following bill; which was referred to the Committee on Oversight and
Government Reform
_______________________________________________________________________
A BILL
To require each agency to evaluate the permitting system of the agency,
to consider whether permitting 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 process with a prompt
deadline for agency action on applications 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. PERMITTING BY RULE.
(a) Report to Congress Required.--
(1) Submission of report.--Not later than 240 days after
the date of the enactment of this section, the head of each
agency shall submit to Congress, including any committee of
Congress with jurisdiction over permits for that agency, and
the Comptroller General a report on the following:
(A) A list and description of each type of permit
issued by the agency.
(B) The statutory and regulatory requirements for
obtaining each such type of permit.
(C) For each type of permit issued by the agency, a
specific description of each step the agency follows to
review a permit application.
(D) For each type of permit issued by the agency,
an estimate of the time the agency typically takes to
review an application, beginning on the date on which
an application is submitted and ending on the date on
which a successful application is granted.
(E) For each type of permit issued by the agency, a
description of each action typically taken for a case
in which an application is found not to meet statutory
or regulatory requirements for the issuance of a
permit.
(F) A list of primary interests that each type of
permit is intended to foster or protect.
(G) An individual determination for each type of
permit issued by the agency of whether permitting by
rule could in whole or in part replace the current
system for issuing the type of permit.
(H) For each type of permit issued by the agency
for which permitting by rule could in whole or in part
replace the current system for issuing the type of
permit, an identification of any administrative or
other practical challenges the head of the agency
anticipates in transitioning to permitting by rule for
the type of permit.
(I) An identification of each type of permit for
which the head of the agency has determined the agency
could not reasonably, in whole or in part, issue
permits by rule under current facts and circumstances,
describing with particularity each reason why
permitting by rule could not reasonably be used for any
such permit and what legal or practical measures could
be pursued to eliminate or mitigate said reason.
(2) Public comment.--In preparing the report required
pursuant to paragraph (1), the head of an agency may solicit
and consider public comment regarding the report.
(3) Extension of submission deadline.--In the case that the
head of an agency is not able to submit the report required
pursuant to paragraph (1), the deadline to submit the report
shall be extended by an additional 90 days if the head of the
agency submits to Congress, including any committee of Congress
with jurisdiction over permits for that agency, and the
Comptroller General a notification of the intended extension of
the deadline under this paragraph.
(4) Attorney fees.--If the head of an agency does not file
the report required pursuant to paragraph (1) by the applicable
deadline under this subsection, the agency shall pay, from any
funds made available to the agency by appropriation or
otherwise, the attorney fees and costs of an applicant for a
claim filed by the applicant for the failure or delay of the
agency to take action with respect to an application for a
permit submitted to the agency by the applicant if--
(A) the claim is filed against the agency in an
appropriate United States district court during the
period beginning on the expiration of the applicable
deadline under this subsection and ending on the date
on which the agency files the report;
(B) the court determines that the agency
unreasonably delayed such action; and
(C) the applicant prevails in the claim.
(b) Establishment of Processes for Permitting by Rule.--
(1) Application for and approval of permits.--Not later
than 12 months after the date on which the report is submitted
pursuant to subsection (a), for each type of permit issued by
the agency for which the head of the agency determined under
subsection (a)(1)(G) that permitting by rule could in whole or
in part replace the current system for issuing the type of
permit, the head of each agency shall establish by rule a
permitting by rule application process that does the following:
(A) Specifies in writing each requirement and
substantive standard that must be certified to be met
by an applicant who files an application to qualify for
a permit under permitting by rule.
(B) Allows an applicant to file an application that
contains only each required certification described in
subparagraph (A) and any supporting documentation the
applicant chooses to submit in support of each such
certification.
(C) Deems an application for a permit under
permitting by rule granted if--
(i) the application contains each
certification described in subparagraph (A);
and
(ii) a period of 180 days after the date on
which the completed application was submitted
has expired and the head of the agency has not
otherwise approved or disapproved the
application.
(2) Correction of application.--The head of an agency shall
contact an applicant within 7 days after the date on which an
application is submitted under paragraph (1) if any required
certification is missing from the application.
(3) Audit of application.--The head of an agency may audit
an application for a permit under permitting by rule and verify
certifications of compliance with requirements and substantive
standards for permitting by rule and may include reasonable
requests for documentation.
(4) Disapproval of application and enforcement.--
(A) Reason for disapproval.--The head of an agency
may only disapprove an application submitted for a
permit under permitting by rule if the head of the
agency identifies a requirement or substantive standard
described in paragraph (1)(A) that was not met by the
application, informs the applicant of how to correct
the application, provides a reasonable opportunity for
the applicant to make such correction before the final
action of the agency on the application, and states
with particularity in any final action disapproving the
application the facts and reasoning for such denial.
(B) Audit of compliance and enforcement following
grant of a permit under permitting by rule.--
(i) Audit.--The head of an agency may audit
a permit granted under permitting by rule and
verify compliance with requirements and
substantive standards for permitting by rule,
which may include reasonable requests for
documentation.
(ii) Enforcement.--The head of an agency
may require corrective action, suspend, or
revoke a permit granted under permitting by
rule at any time if the head of the agency
finds that a requirement or substantive
standard under permitting by rule is not being
met by the recipient of the permit.
(C) Direct appeal.--An applicant whose application
for a permit under permitting by rule is disapproved,
of whom corrective action is required under a permit
granted under permitting by rule, or whose permit
granted under permitting by rule is suspended or
revoked may appeal such disapproval, corrective action,
suspension, or revocation in an appropriate United
States district court.
(D) Burden of proof.--In an appeal under
subparagraph (C), the agency shall bear the burden of
proof to show that an application was lawfully
disapproved or that the agency lawfully required
corrective action or suspended or revoked a permit.
(E) Attorney fees.--If the court finds for the
applicant or permit holder under this paragraph and
that the agency was not substantially justified in
disapproving, requiring corrective action under,
suspending, or revoking a permit, the agency shall pay
the attorney fees and costs of the applicant from any
funds made available to the agency by appropriation or
otherwise.
(c) Congressional Oversight.--Not later than 2 years after the date
on which the report is submitted pursuant to subsection (a), the head
of each agency shall submit to Congress a report on the implementation
by the agency of permitting by rule for each type of permit issued by
the agency for which the head of the agency determined under subsection
(a)(1)(G) that permitting by rule could in whole or in part replace the
current system for issuing the type of permit.
(d) Concurrent Use of Previous Permitting System.--If the head of
the agency determines in the report submitted pursuant to subsection
(a) that the permitting system in effect at the agency before the date
of the enactment of this Act for any type of permit provides value that
permitting by rule does not, but that permitting by rule could in whole
or in part replace the current system for issuing the type of permit,
the head of the agency may maintain for that type of permit both the
permitting system previously in effect and permitting by rule, and the
applicant may choose which system to use to apply for a permit of that
type from the agency.
(e) GAO Reports.--
(1) Report on accuracy of agency reports.--Not later than
90 days after the expiration of the deadline to submit the
reports required under subsection (a), the Comptroller General
shall submit to Congress a report on the completeness and
accuracy of the reports, including the recommendations of the
Comptroller General concerning legal or practical measures that
could be pursued to eliminate or mitigate any legal or
practical challenges to the transition by agencies to
permitting by rule for any type of permit.
(2) Report on progress by agencies.--Not later than 180
days after submission by the agencies of the reports required
under subsection (c), the Comptroller General shall submit to
Congress a report on the progress by agencies in the
implementation of this Act, including any recommendation
concerning legal or practical measures that could be pursued to
eliminate or mitigate any remaining legal or practical
challenges to the transition by agencies to issuance of permits
under permitting by rule for any type of permit.
(3) Supplements to the reports.--The Comptroller General
may submit supplements to the report described in paragraph (1)
or (2) with regard to a report submitted by the head of an
agency after the Comptroller General submits the report
required pursuant to paragraph (1) or (2).
(f) 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 certifications that the applicant meets each
requirement and substantive standard specified under subsection
(b)(1)(A).
(3) Permitting by rule.--The term ``permitting by rule''
means the application process that an agency establishes by
rule for granting a certain type of permit described in
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 Government Reform.
Committee Consideration and Mark-up Session Held
Ordered to be Reported by the Yeas and Nays: 23 - 19.
Reported (Amended) by the Committee on Oversight and Government Reform. H. Rept. 119-351.
Reported (Amended) by the Committee on Oversight and Government Reform. H. Rept. 119-351.
Placed on the Union Calendar, Calendar No. 303.
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