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[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[H.R. 8784 Reported in House (RH)]

<DOC>

                                                 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]

_______________________________________________________________________

                                 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 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.
            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.''.
                                                 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 system of the agency, 
to consider whether a permit by rule could replace that system, and for 
                            other purposes.

_______________________________________________________________________

                           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
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