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 re-
ferred 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. CAL-
VERT, 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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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: 
(1) Agencies near unanimously operate under a 
permitting system that gives agencies broad discretion 
and requires the Government to review each permit-
ting application. 
(2) Agencies near unanimously operate under a 
permitting system that either does not have time con-
straints, 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 permitting. 
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(5) Permit by rule is a process that seeks to over-
come 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 re-
quirements. Focusing upon permittees who are vio-
lating 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 juris-
diction over permits for that agency, and the Comp-
troller General a report on the following: 
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(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. 
(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 submitted 
and ending on the date on which a successful ap-
plication 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. 
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(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 pur-
sued 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 re-
garding the report. 
(3) EXTENSION OF SUBMISSION DEADLINE.—In 
the case that the head of an agency is not able to sub-
mit the report required pursuant to paragraph (1), 
the deadline to submit the report shall be extended by 
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an additional 90 days if the head of the agency sub-
mits to Congress, including any committee of Con-
gress with jurisdiction over permits for that agency, 
and the Comptroller General a notification of the in-
tended extension of the deadline under this para-
graph. 
(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 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 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. 
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(b) ESTABLISHMENT OF PROCESSES FOR PERMITTING 
BY RULE.— 
(1) APPLICATION FOR AND APPROVAL OF PER-
MITS.—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 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— 
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quirement or substantive standard described in 
paragraph (1)(A) that was not met by the appli-
cation, informs the applicant of how to correct 
the application, provides a reasonable oppor-
tunity for the applicant to make such correction 
before the final action of the agency on the appli-
cation, and states with particularity in any 
final action disapproving the application the 
facts and reasoning for such denial. 
(B) AUDIT OF COMPLIANCE AND ENFORCE-
MENT 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 per-
mitting by rule at any time if the head of 
the agency finds that a requirement or sub-
stantive standard under permitting by rule 
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is not being met by the recipient of the per-
mit. 
(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-
ting by rule, or whose permit granted under per-
mitting by rule is suspended or revoked may ap-
peal such disapproval, corrective action, suspen-
sion, 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 para-
graph 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. 
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(c) CONGRESSIONAL OVERSIGHT.—Not later than 2 
years after the date on which the report is submitted pursu-
ant 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 SYS-
TEM.—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 enact-
ment 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 appli-
cant 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 
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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 practical 
measures that could be pursued to eliminate or miti-
gate any legal or practical challenges to the transition 
by agencies to permitting by rule for any type of per-
mit. 
(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 prac-
tical 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). 
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(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 ‘‘com-
pleted 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 ‘‘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 de-
scriptions 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.’’. 
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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 
system of the agency, to consider whether a per-
mit 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 or-
dered to be printed 
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