I 
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 re-
ferred 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 Representa-
tives 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: 
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(1) Agencies near unanimously operate under a 
permitting system that gives agencies broad discre-
tion 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 sys-
tem for the Government and applicants. Moreover, 
agencies will sometimes use their discretion and the 
time consuming nature of permitting to stall or dis-
courage permit issuance. 
(4) There is a compelling interest in avoiding 
unnecessary delay and expense in Federal permit-
ting. 
(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 
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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 compli-
ance 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 sec-
tion, 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 agen-
cy 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. 
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(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 rea-
sons 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.— 
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(1) AUTOMATIC APPROVAL OF PERMITS.—Not 
later than 12 months after the date on which the re-
port 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 ap-
plication that contains only each required cer-
tification for each requirement or substantive 
standard established under subparagraph (A). 
(C) Deems an application for a permit 
granted if— 
(i) the application contains each cer-
tification 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 certifi-
cation is missing from an application submitted 
under paragraph (1). 
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(3) DENIAL OF APPLICATION AND ENFORCE-
MENT.— 
(A) REASON FOR DENIAL.—The head of 
an agency may only deny an application sub-
mitted 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 com-
pliance with substantive standards, which 
may include reasonable requests for docu-
mentation. 
(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 
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or halting in an appropriate United States dis-
trict court. 
(D) REASONABLE
INTERPRETATION
OF 
SUBSTANTIVE
STANDARDS.—In 
an 
appeal 
under subparagraph (C), the court shall con-
sider an applicant that had a reasonable inter-
pretation of a substantive standard, and made 
a good faith effort to comply with such stand-
ard 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 in-
terpret an agency rule for a permit by rule in 
a manner that favors the applicant if the appli-
cant 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. 
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(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 sec-
tion, 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 sub-
section (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 imple-
menting each permit for which permit by rule is imple-
mented under this Act. 
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(f) MAINTENANCE OF PREVIOUS PERMITTING SYS-
TEM.— 
(1) CONCURRENT USE OF PREVIOUS PERMIT-
TING 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 oth-
erwise 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 sys-
tem 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 per-
mit by rule if the head of the agency includes in the 
report described in subsection (a) the reasons a per-
mit by rule is not viable. 
(g) DEFINITIONS.—In this section: 
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(1) AGENCY; RULE.—The terms ‘‘agency’’ and 
‘‘rule’’ have the meaning given those terms in sec-
tion 551 of title 5, United States Code. 
(2) 
COMPLETED
APPLICATION.—The 
term 
‘‘completed application’’ means an application sub-
mitted under subsection (b) that contains an appli-
cation with certifications that the applicant meets 
each requirement and substantive standard estab-
lished 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 ‘‘sub-
stantive standard’’ means all qualities, statuses, ac-
tions, benchmarks, measurements, or other written 
descriptions that would qualify a party to perform 
the permitted action. 
Æ 
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