H.R. 689

[Congressional Bills 119th Congress]
[From the U.S. Government Publishing Office]
[H.R. 689 Reported in House (RH)]

<DOC>

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]

_______________________________________________________________________

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 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) Office of Management and Budget Guidance.--Not later than 120 
days after the date of the enactment 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''.
(b) Report to Congress Required.--
(1) Submission of report.--Not later than 240 days after 
the date on which the guidance required under subsection (a) is 
issued, 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.
(c) 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 (b), 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, 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.
(d) Congressional Oversight.--Not later than 2 years after the date 
on which the report is submitted pursuant 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 System.--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 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.
(f) 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 (b), 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).
(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 ``completed 
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 meaning 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).
(5) 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), as further elucidated by the Director in the 
guidance issued under subsection (a).
(6) 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.
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 permitting by rule could replace that system, and 
for other purposes.

_______________________________________________________________________

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