I 
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 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: 
VerDate Sep 11 2014 
00:21 Feb 20, 2025
Jkt 059200
PO 00000
Frm 00001
Fmt 6652
Sfmt 6201
E:\BILLS\H689.IH
H689
kjohnson on DSK7ZCZBW3PROD with $$_JOB
(1) Agencies near unanimously operate under a 
permitting system that gives agencies broad discre-
tion and requires the Government to review each 
permitting application. 
(2) Agencies near unanimously operate under a 
permitting system that either does not have time 
constraints, or has time constraints that agencies do 
not follow. 
(3) The combination of broad discretion and the 
lack of time constraints often results in a tedious, 
time consuming, and often expensive permitting sys-
tem for the Government and applicants. Moreover, 
agencies will sometimes use their discretion and the 
time consuming nature of permitting to stall or dis-
courage permit issuance. 
(4) There is a compelling interest in avoiding 
unnecessary delay and expense in Federal permit-
ting. 
(5) Permit by rule is a process that seeks to 
overcome agency delay and the cumbersome cost of 
agency review to Government and private interests. 
(6) Permit by rule is a process of permitting 
that includes specific written standards for obtaining 
a permit, a simple requirement for an applicant to 
certify compliance with each of the standards, and 
VerDate Sep 11 2014 
00:21 Feb 20, 2025
Jkt 059200
PO 00000
Frm 00002
Fmt 6652
Sfmt 6201
E:\BILLS\H689.IH
H689
kjohnson on DSK7ZCZBW3PROD with $$_JOB
a streamlined approval process with a prompt dead-
line for agency action on applications that only al-
lows the Government to verify that all conditions are 
met. The Government retains the right and responsi-
bility to audit and enforce compliance with permit-
ting 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 sec-
tion, the head of each agency shall submit to Con-
gress, including any committee of Congress with ju-
risdiction 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 require-
ments 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. 
VerDate Sep 11 2014 
00:21 Feb 20, 2025
Jkt 059200
PO 00000
Frm 00003
Fmt 6652
Sfmt 6201
E:\BILLS\H689.IH
H689
kjohnson on DSK7ZCZBW3PROD with $$_JOB
(D) For each type of permit issued by the 
agency, an estimate of the time the agency typi-
cally takes to review an application, beginning 
on the date on which an application is sub-
mitted and ending on the date on which a suc-
cessful application is granted. 
(E) For each type of permit issued by the 
agency, a description of each action typically 
taken for a case in which an application is 
found not to meet statutory or regulatory re-
quirements for the issuance of a permit. 
(F) A list of primary interests that each 
type of permit is intended to foster or protect. 
(G) An individual determination for each 
type of permit issued by the agency of whether 
permitting by rule could in whole or in part re-
place the current system for issuing the type of 
permit. 
(H) For each type of permit issued by the 
agency for which permitting by rule could in 
whole or in part replace the current system for 
issuing the type of permit, an identification of 
any administrative or other practical challenges 
the 
head 
of 
the 
agency 
anticipates 
in 
VerDate Sep 11 2014 
00:21 Feb 20, 2025
Jkt 059200
PO 00000
Frm 00004
Fmt 6652
Sfmt 6201
E:\BILLS\H689.IH
H689
kjohnson on DSK7ZCZBW3PROD with $$_JOB
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 deter-
mined 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 meas-
ures could be pursued to eliminate or mitigate 
said reason. 
(2) PUBLIC COMMENT.—In preparing the re-
port 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 ex-
tended by an additional 90 days if the head of the 
agency submits to Congress, including any com-
mittee of Congress with jurisdiction over permits for 
that agency, and the Comptroller General a notifica-
VerDate Sep 11 2014 
00:21 Feb 20, 2025
Jkt 059200
PO 00000
Frm 00005
Fmt 6652
Sfmt 6201
E:\BILLS\H689.IH
H689
kjohnson on DSK7ZCZBW3PROD with $$_JOB
tion of the intended extension of the deadline under 
this paragraph. 
(4) ATTORNEY FEES.—If the head of an agency 
does not file the report required pursuant to para-
graph (1) by the applicable deadline under this sub-
section, the agency shall pay, from any funds made 
available to the agency by appropriation or other-
wise, the attorney fees and costs of an applicant for 
a claim filed by the applicant for the failure or delay 
of the agency to take action with respect to an appli-
cation for a permit submitted to the agency by the 
applicant if— 
(A) the claim is filed against the agency in 
an appropriate United States district court dur-
ing the period beginning on the expiration of 
the applicable deadline under this subsection 
and ending on the date on which the agency 
files the report; 
(B) the court determines that the agency 
unreasonably delayed such action; and 
(C) the applicant prevails in the claim. 
(b) ESTABLISHMENT OF PROCESSES FOR PERMIT-
TING BY RULE.— 
(1) APPLICATION FOR AND APPROVAL OF PER-
MITS.—Not later than 12 months after the date on 
VerDate Sep 11 2014 
00:21 Feb 20, 2025
Jkt 059200
PO 00000
Frm 00006
Fmt 6652
Sfmt 6201
E:\BILLS\H689.IH
H689
kjohnson on DSK7ZCZBW3PROD with $$_JOB
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 sub-
section (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 applica-
tion 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 applica-
tion to qualify for a permit under permitting by 
rule. 
(B) Allows an applicant to file an applica-
tion that contains only each required certifi-
cation 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 cer-
tification described in subparagraph (A); 
and 
(ii) a period of 180 days after the 
date on which the completed application 
VerDate Sep 11 2014 
00:21 Feb 20, 2025
Jkt 059200
PO 00000
Frm 00007
Fmt 6652
Sfmt 6201
E:\BILLS\H689.IH
H689
kjohnson on DSK7ZCZBW3PROD with $$_JOB
was submitted has expired and the head of 
the agency has not otherwise approved or 
disapproved the application. 
(2) CORRECTION OF APPLICATION.—The head 
of an agency shall contact an applicant within 7 
days after the date on which an application is sub-
mitted under paragraph (1) if any required certifi-
cation is missing from the application. 
(3) AUDIT OF APPLICATION.—The head of an 
agency may audit an application for a permit under 
permitting by rule and verify certifications of compli-
ance with requirements and substantive standards 
for permitting by rule and may include reasonable 
requests for documentation. 
(4) DISAPPROVAL
OF
APPLICATION
AND
EN-
FORCEMENT.— 
(A) REASON
FOR
DISAPPROVAL.—The 
head of an agency may only disapprove an ap-
plication submitted for a permit under permit-
ting by rule if the head of the agency identifies 
a requirement or substantive standard described 
in paragraph (1)(A) that was not met by the 
application, informs the applicant of how to cor-
rect the application, provides a reasonable op-
portunity for the applicant to make such correc-
VerDate Sep 11 2014 
00:21 Feb 20, 2025
Jkt 059200
PO 00000
Frm 00008
Fmt 6652
Sfmt 6201
E:\BILLS\H689.IH
H689
kjohnson on DSK7ZCZBW3PROD with $$_JOB
tion 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
EN-
FORCEMENT FOLLOWING GRANT OF A PERMIT 
UNDER PERMITTING BY RULE.— 
(i) AUDIT.—The head of an agency 
may audit a permit granted under permit-
ting by rule and verify compliance with re-
quirements and substantive standards for 
permitting by rule, which may include rea-
sonable requests for documentation. 
(ii) ENFORCEMENT.—The head of an 
agency may require corrective action, sus-
pend, 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 permit-
VerDate Sep 11 2014 
00:21 Feb 20, 2025
Jkt 059200
PO 00000
Frm 00009
Fmt 6652
Sfmt 6201
E:\BILLS\H689.IH
H689
kjohnson on DSK7ZCZBW3PROD with $$_JOB
ting by rule, or whose permit granted under 
permitting by rule is suspended or revoked may 
appeal such disapproval, corrective action, sus-
pension, or revocation in an appropriate United 
States district court. 
(D) BURDEN
OF
PROOF.—In an appeal 
under subparagraph (C), the agency shall bear 
the burden of proof to show that an application 
was lawfully disapproved or that the agency 
lawfully required corrective action or suspended 
or revoked a permit. 
(E) ATTORNEY FEES.—If the court finds 
for the applicant or permit holder under this 
paragraph and that the agency was not sub-
stantially justified in disapproving, requiring 
corrective action under, suspending, or revoking 
a permit, the agency shall pay the attorney fees 
and costs of the applicant from any funds made 
available to the agency by appropriation or oth-
erwise. 
(c) CONGRESSIONAL OVERSIGHT.—Not later than 2 
years after the date on which the report is submitted pur-
suant to subsection (a), the head of each agency shall sub-
mit to Congress a report on the implementation by the 
agency of permitting by rule for each type of permit issued 
VerDate Sep 11 2014 
00:21 Feb 20, 2025
Jkt 059200
PO 00000
Frm 00010
Fmt 6652
Sfmt 6201
E:\BILLS\H689.IH
H689
kjohnson on DSK7ZCZBW3PROD with $$_JOB
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 re-
port submitted pursuant to subsection (a) that the permit-
ting 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 sys-
tem 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
RE-
PORTS.—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 accu-
racy of the reports, including the recommendations 
of the Comptroller General concerning legal or prac-
tical measures that could be pursued to eliminate or 
VerDate Sep 11 2014 
00:21 Feb 20, 2025
Jkt 059200
PO 00000
Frm 00011
Fmt 6652
Sfmt 6201
E:\BILLS\H689.IH
H689
kjohnson on DSK7ZCZBW3PROD with $$_JOB
mitigate any legal or practical challenges to the 
transition by agencies to permitting by rule for any 
type of permit. 
(2) REPORT ON PROGRESS BY AGENCIES.—Not 
later than 180 days after submission by the agencies 
of the reports required under subsection (c), the 
Comptroller General shall submit to Congress a re-
port on the progress by agencies in the implementa-
tion of this Act, including any recommendation con-
cerning legal or practical measures that could be 
pursued to eliminate or mitigate any remaining legal 
or practical challenges to the transition by agencies 
to issuance of permits under permitting by rule for 
any type of permit. 
(3) SUPPLEMENTS
TO
THE
REPORTS.—The 
Comptroller General may submit supplements to the 
report described in paragraph (1) or (2) with regard 
to a report submitted by the head of an agency after 
the Comptroller General submits the report required 
pursuant to paragraph (1) or (2). 
(f) DEFINITIONS.—In this section: 
(1) AGENCY; RULE.—The terms ‘‘agency’’ and 
‘‘rule’’ have the meaning given those terms in sec-
tion 551 of title 5, United States Code. 
VerDate Sep 11 2014 
00:21 Feb 20, 2025
Jkt 059200
PO 00000
Frm 00012
Fmt 6652
Sfmt 6201
E:\BILLS\H689.IH
H689
kjohnson on DSK7ZCZBW3PROD with $$_JOB
(2) 
COMPLETED
APPLICATION.—The 
term 
‘‘completed application’’ means an application sub-
mitted under subsection (b) that contains certifi-
cations that the applicant meets each requirement 
and substantive standard specified under subsection 
(b)(1)(A). 
(3) PERMITTING BY RULE.—The term ‘‘permit-
ting 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 ‘‘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 
VerDate Sep 11 2014 
00:21 Feb 20, 2025
Jkt 059200
PO 00000
Frm 00013
Fmt 6652
Sfmt 6301
E:\BILLS\H689.IH
H689
kjohnson on DSK7ZCZBW3PROD with $$_JOB