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[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[S. 4805 Introduced in Senate (IS)]

<DOC>

118th CONGRESS
  2d Session
                                S. 4805

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 SENATE OF THE UNITED STATES

                             July 25, 2024

  Ms. Lummis (for herself, Mr. Budd, and Mr. Ricketts) introduced the 
 following bill; which was read twice and referred to the Committee on 
               Homeland Security and Governmental Affairs

_______________________________________________________________________

                                 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 nearly unanimously operate permitting systems 
        that--
                    (A) give agencies broad discretion and require 
                agencies review each permit application; and
                    (B) either do not have decision deadlines or have 
                decision deadlines which agencies do not follow.
            (2) The combination of broad discretion and the lack of 
        decision deadlines often results in permitting systems that are 
        tedious, time consuming, and expensive for the Government and 
        for applicants.
            (3) Agencies will sometimes use discretion under a 
        permitting system and the time consuming nature of a permitting 
        system 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 system of permitting--
                    (A) 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 that 
                allows an agency not more than 30 days to verify that 
                all conditions are met; and
                    (B) in which an agency retains the right and 
                responsibility to audit and enforce compliance with 
                permitting requirements.
            (6) Permit by rule, applied by agencies, would increase 
        efficiency and help overcome delays and the cumbersome cost of 
        agency review to Government and private interests by focusing 
        on grantees that are violating the law or standards rather than 
        gatekeeping, thereby allowing agencies to protect the 
        compelling interests for which permitting systems are intended.

SEC. 3. DEFINITIONS.

    In this Act:
            (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 section 4(b) 
        that contains a certification that the applicant meets each 
        requirement and substantive standard established under 
        paragraph (1)(A) of that section.
            (3) Permit by rule.--The term ``permit by rule'' means the 
        permitting process described in section 4(b).
            (4) Substantive standard.--The term ``substantive 
        standard'', with respect to a permit, means each quality, 
        status, action, benchmark, measurement, or other written 
        description that would qualify a person to perform an action 
        for which the permit is required.

SEC. 4. PERMIT BY RULE.

    (a) Report to Congress Required.--Not later than 180 days after the 
date of enactment of this Act, the head of each agency shall submit to 
Congress a report that includes the following:
            (1) An evaluation of each permitting system of the agency.
            (2) A list and description of each permitting system used 
        by the agency and the requirements for obtaining a permit under 
        each such permitting system.
            (3) 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 permitting 
        system and a short job description for each job title as the 
        job relates to the evaluation of permit applications.
            (4) An estimate of the number of days between submission of 
        an application for a permit and grant of the application.
            (5) With respect to an application for a permit that is 
        found to not meet the necessary requirements for a grant of the 
        application, the necessary actions required of the applicant 
        and the agency.
            (6) A list of primary interests that each permitting system 
        is intended to protect.
            (7) With respect to each permitting system, a determination 
        of whether a permit by rule could replace the permitting 
        system, and for each permitting system for which the 
        determination is that a permit by rule could not replace the 
        permitting system, a description that details with 
        particularity the reasons why a permit by rule could not be 
        reasonably used.
            (8) An identification of any challenges anticipated for a 
        transition from each permitting system to a permit by rule.
    (b) Permit by Rule.--
            (1) Streamlined application process.--Not later than 1 year 
        after the date on which the report is submitted under 
        subsection (a), the head of each agency shall establish a 
        permit by rule application process with respect to each permit 
        system identified in such report as feasible for transition to 
        a permit by rule that does the following:
                    (A) Specifies in writing each requirement and 
                substantive standard that must be met by an applicant 
                to file an application under the permit by rule system.
                    (B) Allows an applicant to submit an application 
                that contains only a certification for each requirement 
                or substantive standard specified 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 and the application was not denied 
                        under paragraph (3).
            (2) Correction of application.--During the 30-day period 
        after the date of submission of the application, the head of an 
        agency may contact an applicant if any certification is missing 
        from an application submitted under paragraph (1) and the 
        applicant may correct the missing certification without any 
        adverse effect on the application.
            (3) Denial of application.--The head of an agency may deny 
        an application submitted under paragraph (1) only if the head 
        of the agency issues a written decision that identifies a 
        requirement or substantive standard described in subparagraph 
        (A) of that paragraph that was not met and states with 
        particularity the facts and reasoning for such denial.
            (4) Audit and enforcement.--
                    (A) In general.--
                            (i) Audit.--The head of an agency may audit 
                        a grantee of a permit to verify compliance with 
                        the requirements and substantive standards 
                        certified in the application of the grantee 
                        under paragraph (1), including by issuing 
                        reasonable requests for documentation.
                            (ii) Enforcement.--The head of an agency 
                        may deny an application under paragraph (1) at 
                        any time or suspend a permit deemed granted 
                        under subparagraph (C) of that paragraph if the 
                        head of the agency finds that a requirement or 
                        substantive standard under subparagraph (A) of 
                        that paragraph is not met.
                    (B) Direct appeal.--
                            (i) In general.--An applicant denied a 
                        permit or a grantee of a permit that is 
                        suspended under subparagraph (A)(ii) may appeal 
                        such denial or suspension in an appropriate 
                        district court of the United States.
                            (ii) Reasonable interpretation of a 
                        requirement or substantive.--In an appeal under 
                        clause (i), the court shall consider the 
                        applicant or grantee to have met the 
                        requirement or substantive standard upon which 
                        a denial of an application or a suspension of a 
                        permit under subparagraph (A)(ii) is based if 
                        the applicant or grantee--
                                    (I) had a reasonable interpretation 
                                of the requirement or substantive 
                                standard; and
                                    (II) made a good faith effort to 
                                comply with the requirement or 
                                substantive standard pursuant to such 
                                reasonable interpretation.
                            (iii) Burden of proof.--In an appeal under 
                        clause (i), the agency shall bear the burden of 
                        proof to show that the interpretation of the 
                        applicant or grantee was not reasonable or that 
                        the effort of the applicant or grantee to 
                        comply was not in good faith.
                            (iv) Attorney fees; permit granted.--In an 
                        appeal under clause (i), if a court finds for 
                        the applicant or grantee under this 
                        subparagraph, the agency shall pay the attorney 
                        fees of the applicant or grantee and the permit 
                        shall be deemed granted or reinstated.
    (c) Permit by Rule Required.--
            (1) In general.--Not later than the date on which the 
        report is submitted under subsection (a), the head of each 
        agency shall issue a permit by rule option with respect to any 
        permitting system identified in subsection (a)(7) as feasible 
        for transition to a permit by rule.
            (2) Qualifying applicants.--Not later than 90 days after 
        the date of submission of the report under subsection (e), 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.
            (3) Maintenance of previous permitting system.--
                    (A) Concurrent use of previous permitting system.--
                If the head of agency determines that a permitting 
                system in effect before the date of enactment of this 
                Act provides value that a permit by rule does not, and 
                a permit by rule is otherwise viable, if the head of 
                the agency includes a description of such value in the 
                report required under subsection (a), the head of the 
                agency may offer both such existing permitting system 
                and the permit by rule, and the applicant may choose 
                which to use.
                    (B) Preference for permit by rule.--If the head of 
                the agency determines that permit by rule is viable and 
                wishes to maintain only 1 permitting system, the agency 
                shall maintain permit by rule.
                    (C) Existing permitting system instead of permit by 
                rule.--If the head of an agency determines that permit 
                by rule is not viable and includes the reasons permit 
                by rule is not viable in the report under subsection 
                (a), the head of the agency may continue to use the 
                permitting system in effect before the date of 
                enactment of this Act.
    (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, with 
respect to the applicant, this Act, any regulation promulgated under 
this Act, or any requirement or substantive standard for a permit by 
rule established pursuant to this Act.
    (e) Congressional Oversight.--Not later than 240 days after the 
date of enactment of this Act, the head of each agency shall submit to 
Congress a report on the progress of the agency in transitioning to a 
permit by rule for each permitting system for which a permit by rule is 
required to be implemented under this Act.
                                 <all>
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