IB 

Union Calendar No. 791 

118TH CONGRESS 

2D SESSION H. R. 8784 

[Report No. 118–940] 

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 

DECEMBER 19, 2024 

Additional sponsors: Mr. BUCSHON, Mr. LAMBORN, Mrs. RADEWAGEN, Mr. 

COLLINS, Mr. OWENS, Mr. JOHNSON of South Dakota, Mr. CRANE, Mrs. 

MILLER-MEEKS, Mr. CISCOMANI, Mr. VALADAO, Mr. YAKYM, Mr. CALVERT, and Mr. FINSTAD

DECEMBER 19, 2024 

Reported with amendments, committed to the Committee of the Whole House 

on the State of the Union, and ordered to be printed 

[Strike out all after the enacting clause and insert the part printed in italic] 

[For text of introduced bill, see copy of bill as introduced on June 18, 2024] 


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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. 


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1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Full Responsibility and 

5 Expedited Enforcement Act’’ or the ‘‘FREE Act’’. 

6 SEC. 2. FINDINGS. 

7 Congress finds the following: 

8 (1) Agencies near unanimously operate under a 

9 permitting system that gives agencies broad discretion 

10 and requires the Government to review each permit11 ting application. 

12 (2) Agencies near unanimously operate under a 

13 permitting system that either does not have time con14 straints, or has time constraints that agencies do not 

15 follow. 

16 (3) The combination of broad discretion and the 

17 lack of time constraints often results in a tedious, 

18 time consuming, and often expensive permitting sys19 tem for the Government and applicants. Moreover, 

20 agencies will sometimes use their discretion and the 

21 time consuming nature of permitting to stall or dis22 courage permit issuance. 

23 (4) There is a compelling interest in avoiding 

24 unnecessary delay and expense in Federal permitting. 


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1 (5) Permit by rule is a process that seeks to over2 come agency delay and the cumbersome cost of agency 

3 review to Government and private interests. 

4 (6) Permit by rule is a process of permitting 

5 that includes specific written standards for obtaining 

6 a permit, a simple requirement for an applicant to 

7 certify compliance with each of the standards, and a 

8 streamlined approval process with a prompt deadline 

9 for agency action on applications that only allows the 

10 Government to verify that all conditions are met. The 

11 Government retains the right and responsibility to 

12 audit and enforce compliance with permitting re13 quirements. Focusing upon permittees who are vio14 lating the law or standards rather than gatekeeping 

15 will make permitting more efficient while allowing an 

16 agency to protect the compelling interests for which 

17 permitting systems are intended. 

18 SEC. 3. PERMITTING BY RULE. 

19 (a) REPORT TO CONGRESS REQUIRED.— 

20 (1) SUBMISSION OF REPORT.—Not later than 

21 240 days after the date of the enactment of this sec22 tion, the head of each agency shall submit to Con23 gress, including any committee of Congress with juris24 diction over permits for that agency, and the Comp25 troller General a report on the following: 


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1 (A) A list and description of each type of 

2 permit issued by the agency. 

3 (B) The statutory and regulatory require4 ments for obtaining each such type of permit. 

5 (C) For each type of permit issued by the 

6 agency, a specific description of each step the 

7 agency follows to review a permit application. 

8 (D) For each type of permit issued by the 

9 agency, an estimate of the time the agency typi10 cally takes to review an application, beginning 

11 on the date on which an application is submitted 

12 and ending on the date on which a successful ap13 plication is granted. 

14 (E) For each type of permit issued by the 

15 agency, a description of each action typically 

16 taken for a case in which an application is 

17 found not to meet statutory or regulatory re18 quirements for the issuance of a permit. 

19 (F) A list of primary interests that each 

20 type of permit is intended to foster or protect. 

21 (G) An individual determination for each 

22 type of permit issued by the agency of whether 

23 permitting by rule could in whole or in part re24 place the current system for issuing the type of 

25 permit. 


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1 (H) For each type of permit issued by the 

2 agency for which permitting by rule could in 

3 whole or in part replace the current system for 

4 issuing the type of permit, an identification of 

5 any administrative or other practical challenges 

6 the head of the agency anticipates in 

7 transitioning to permitting by rule for the type 

8 of permit. 

9 (I) An identification of each type of permit 

10 for which the head of the agency has determined 

11 the agency could not reasonably, in whole or in 

12 part, issue permits by rule under current facts 

13 and circumstances, describing with particularity 

14 each reason why permitting by rule could not 

15 reasonably be used for any such permit and 

16 what legal or practical measures could be pur17 sued to eliminate or mitigate said reason. 

18 (2) PUBLIC COMMENT.—In preparing the report 

19 required pursuant to paragraph (1), the head of an 

20 agency may solicit and consider public comment re21 garding the report. 

22 (3) EXTENSION OF SUBMISSION DEADLINE.—In 

23 the case that the head of an agency is not able to sub24 mit the report required pursuant to paragraph (1), 

25 the deadline to submit the report shall be extended by 


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1 an additional 90 days if the head of the agency sub2 mits to Congress, including any committee of Con3 gress with jurisdiction over permits for that agency, 

4 and the Comptroller General a notification of the in5 tended extension of the deadline under this para6 graph. 

7 (4) ATTORNEY FEES.—If the head of an agency 

8 does not file the report required pursuant to para9 graph (1) by the applicable deadline under this sub10 section, the agency shall pay, from any funds made 

11 available to the agency by appropriation or otherwise, 

12 the attorney fees and costs of an applicant for a claim 

13 filed by the applicant for the failure or delay of the 

14 agency to take action with respect to an application 

15 for a permit submitted to the agency by the applicant 

16 if— 

17 (A) the claim is filed against the agency in 

18 an appropriate United States district court dur19 ing the period beginning on the expiration of the 

20 applicable deadline under this subsection and 

21 ending on the date on which the agency files the 

22 report; 

23 (B) the court determines that the agency 

24 unreasonably delayed such action; and 

25 (C) the applicant prevails in the claim. 


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1 (b) ESTABLISHMENT OF PROCESSES FOR PERMITTING

2 BY RULE.— 

3 (1) APPLICATION FOR AND APPROVAL OF PER4 MITS.—Not later than 12 months after the date on 

5 which the report is submitted pursuant to subsection 

6 (a), for each type of permit issued by the agency for 

7 which the head of the agency determined under sub8 section (a)(1)(G) that permitting by rule could in 

9 whole or in part replace the current system for 

10 issuing the type of permit, the head of each agency 

11 shall establish by rule a permitting by rule applica12 tion process that does the following: 

13 (A) Specifies in writing each requirement 

14 and substantive standard that must be certified 

15 to be met by an applicant who files an applica16 tion to qualify for a permit under permitting by 

17 rule. 

18 (B) Allows an applicant to file an applica19 tion that contains only each required certifi20 cation described in subparagraph (A) and any 

21 supporting documentation the applicant chooses 

22 to submit in support of each such certification. 

23 (C) Deems an application for a permit 

24 under permitting by rule granted if— 


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1 (i) the application contains each cer2 tification described in subparagraph (A); 

3 and 

4 (ii) a period of 180 days after the date 

5 on which the completed application was 

6 submitted has expired and the head of the 

7 agency has not otherwise approved or dis8 approved the application. 

9 (2) CORRECTION OF APPLICATION.—The head of 

10 an agency shall contact an applicant within 7 days 

11 after the date on which an application is submitted 

12 under paragraph (1) if any required certification is 

13 missing from the application. 

14 (3) AUDIT OF APPLICATION.—The head of an 

15 agency may audit an application for a permit under 

16 permitting by rule and verify certifications of compli17 ance with requirements and substantive standards for 

18 permitting by rule and may include reasonable re19 quests for documentation. 

20 (4) DISAPPROVAL OF APPLICATION AND EN21 FORCEMENT.— 

22 (A) REASON FOR DISAPPROVAL.—The head 

23 of an agency may only disapprove an applica24 tion submitted for a permit under permitting by 

25 rule if the head of the agency identifies a reVerDate Sep 11 2014 06:41 Dec 20, 2024 Jkt 059200 PO 00000 Frm 00009 Fmt 6652 Sfmt 6203 E:\BILLS\H8784.RH H8784

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1 quirement or substantive standard described in 

2 paragraph (1)(A) that was not met by the appli3 cation, informs the applicant of how to correct 

4 the application, provides a reasonable oppor5 tunity for the applicant to make such correction 

6 before the final action of the agency on the appli7 cation, and states with particularity in any 

8 final action disapproving the application the 

9 facts and reasoning for such denial. 

10 (B) AUDIT OF COMPLIANCE AND ENFORCE11 MENT FOLLOWING GRANT OF A PERMIT UNDER

12 PERMITTING BY RULE.— 

13 (i) AUDIT.—The head of an agency 

14 may audit a permit granted under permit15 ting by rule and verify compliance with re16 quirements and substantive standards for 

17 permitting by rule, which may include rea18 sonable requests for documentation. 

19 (ii) ENFORCEMENT.—The head of an 

20 agency may require corrective action, sus21 pend, or revoke a permit granted under per22 mitting by rule at any time if the head of 

23 the agency finds that a requirement or sub24 stantive standard under permitting by rule 


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1 is not being met by the recipient of the per2 mit. 

3 (C) DIRECT APPEAL.—An applicant whose 

4 application for a permit under permitting by 

5 rule is disapproved, of whom corrective action is 

6 required under a permit granted under permit7 ting by rule, or whose permit granted under per8 mitting by rule is suspended or revoked may ap9 peal such disapproval, corrective action, suspen10 sion, or revocation in an appropriate United 

11 States district court. 

12 (D) BURDEN OF PROOF.—In an appeal 

13 under subparagraph (C), the agency shall bear 

14 the burden of proof to show that an application 

15 was lawfully disapproved or that the agency 

16 lawfully required corrective action or suspended 

17 or revoked a permit. 

18 (E) ATTORNEY FEES.—If the court finds for 

19 the applicant or permit holder under this para20 graph and that the agency was not substantially 

21 justified in disapproving, requiring corrective 

22 action under, suspending, or revoking a permit, 

23 the agency shall pay the attorney fees and costs 

24 of the applicant from any funds made available 

25 to the agency by appropriation or otherwise. 


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1 (c) CONGRESSIONAL OVERSIGHT.—Not later than 2 

2 years after the date on which the report is submitted pursu3 ant to subsection (a), the head of each agency shall submit 

4 to Congress a report on the implementation by the agency 

5 of permitting by rule for each type of permit issued by the 

6 agency for which the head of the agency determined under 

7 subsection (a)(1)(G) that permitting by rule could in whole 

8 or in part replace the current system for issuing the type 

9 of permit. 

10 (d) CONCURRENT USE OF PREVIOUS PERMITTING SYS11 TEM.—If the head of the agency determines in the report 

12 submitted pursuant to subsection (a) that the permitting 

13 system in effect at the agency before the date of the enact14 ment of this Act for any type of permit provides value that 

15 permitting by rule does not, but that permitting by rule 

16 could in whole or in part replace the current system for 

17 issuing the type of permit, the head of the agency may 

18 maintain for that type of permit both the permitting system 

19 previously in effect and permitting by rule, and the appli20 cant may choose which system to use to apply for a permit 

21 of that type from the agency. 

22 (e) GAO REPORTS.— 

23 (1) REPORT ON ACCURACY OF AGENCY RE24 PORTS.—Not later than 90 days after the expiration 

25 of the deadline to submit the reports required under 


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1 subsection (a), the Comptroller General shall submit 

2 to Congress a report on the completeness and accu3 racy of the reports, including the recommendations of 

4 the Comptroller General concerning legal or practical 

5 measures that could be pursued to eliminate or miti6 gate any legal or practical challenges to the transition 

7 by agencies to permitting by rule for any type of per8 mit. 

9 (2) REPORT ON PROGRESS BY AGENCIES.—Not 

10 later than 180 days after submission by the agencies 

11 of the reports required under subsection (c), the 

12 Comptroller General shall submit to Congress a report 

13 on the progress by agencies in the implementation of 

14 this Act, including any recommendation concerning 

15 legal or practical measures that could be pursued to 

16 eliminate or mitigate any remaining legal or prac17 tical challenges to the transition by agencies to 

18 issuance of permits under permitting by rule for any 

19 type of permit. 

20 (3) SUPPLEMENTS TO THE REPORTS.—The 

21 Comptroller General may submit supplements to the 

22 report described in paragraph (1) or (2) with regard 

23 to a report submitted by the head of an agency after 

24 the Comptroller General submits the report required 

25 pursuant to paragraph (1) or (2). 


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1 (f) DEFINITIONS.—In this section: 

2 (1) AGENCY; RULE.—The terms ‘‘agency’’ and 

3 ‘‘rule’’ have the meaning given those terms in section 

4 551 of title 5, United States Code. 

5 (2) COMPLETED APPLICATION.—The term ‘‘com6 pleted application’’ means an application submitted 

7 under subsection (b) that contains certifications that 

8 the applicant meets each requirement and substantive 

9 standard specified under subsection (b)(1)(A). 

10 (3) PERMITTING BY RULE.—The term ‘‘permit11 ting by rule’’ means the application process that an 

12 agency establishes by rule for granting a certain type 

13 of permit described in subsection (b). 

14 (4) SUBSTANTIVE STANDARD.—The term ‘‘sub15 stantive standard’’ means all qualities, statuses, ac16 tions, benchmarks, measurements, or other written de17 scriptions that would qualify a party to perform the 

18 permitted action. 

Amend the title so as to read: ‘‘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.’’. 


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Union Calendar No. 791 

118TH CONGRESS 

2D SESSION H. R. 8784 

[Report No. 118–940] 

A BILL 

To require each agency to evaluate the permitting 

other purposes. mit by rule could replace that system, and for system of the agency, to consider whether a perDECEMBER 19, 2024 

Reported with amendments, committed to the Committee 

dered to be printed of the Whole House on the State of the Union, and orVerDate Sep 11 2014 06:41 Dec 20, 2024 Jkt 059200 PO 00000 Frm 00016 Fmt 6651 Sfmt 6651 E:\BILLS\H8784.RH H8784

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