IB 
Union Calendar No. 303 
119TH CONGRESS 
1ST SESSION 
H. R. 689 
[Report No. 119–351] 
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 
OCTOBER 28, 2025 
Additional sponsors: Ms. HAGEMAN and Mr. HURD of Colorado 
OCTOBER 28, 2025 
Reported with an amendment, 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 January 23, 2025] 
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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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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) OFFICE OF MANAGEMENT AND BUDGET GUID-
ANCE.—Not later than 120 days after the date of the enact-
ment of this Act, the Director of the Office of Management 
and Budget shall issue a memorandum to the head of each 
agency that establishes guidance for the implementation of 
the requirements of this section, including on the meaning 
of the terms ‘‘permitting by rule’’ and ‘‘permit’’. 
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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 
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 
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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. 
(c) 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 
(b), for each type of permit issued by the agency for 
which the head of the agency determined under sub-
section (b)(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 
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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 was 
submitted has expired and the head of the 
agency has not otherwise approved or dis-
approved 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 
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permitting by rule and verify certifications of compli-
ance with requirements and substantive standards for 
permitting by rule and may include reasonable re-
quests for documentation. 
(4) DISAPPROVAL
OF
APPLICATION
AND
EN-
FORCEMENT.— 
(A) REASON FOR DISAPPROVAL.—The head 
of an agency may only disapprove an applica-
tion submitted for a permit under permitting by 
rule if the head of the agency identifies a re-
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-
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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 
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 
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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. 
(d) CONGRESSIONAL OVERSIGHT.—Not later than 2 
years after the date on which the report is submitted pursu-
ant to subsection (b), 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 (b)(1)(G) that permitting by rule could in whole 
or in part replace the current system for issuing the type 
of permit. 
(e) CONCURRENT USE OF PREVIOUS PERMITTING SYS-
TEM.—If the head of the agency determines in the report 
submitted pursuant to subsection (b) 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 
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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. 
(f) 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 (b), 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 
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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). 
(g) 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 (c) that contains certifications that 
the applicant meets each requirement and substantive 
standard specified under subsection (c)(1)(A). 
(3) DIRECTOR.—The term ‘‘Director’’ means the 
Director of the Office of Management and Budget. 
(4) PERMIT.—The term ‘‘permit’’ has the mean-
ing given the term ‘‘license’’ in section 551 of title 5, 
United States Code, and as further elucidated by the 
Director in the guidance issued under subsection (a). 
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(5) 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), as further eluci-
dated by the Director in the guidance issued under 
subsection (a). 
(6) 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. 
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Union Calendar No. 303 
119TH CONGRESS 
1ST SESSION 
H. R. 689 
[Report No. 119–351] 
A BILL 
To require each agency to evaluate the permitting 
system of the agency, to consider whether per-
mitting by rule could replace that system, and 
for other purposes. 
OCTOBER 28, 2025 
Reported with an amendment, committed to the Com-
mittee of the Whole House on the State of the Union, 
and ordered to be printed 
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