United States 118th Congress Status: Introduced 1 R cosponsors

HR 8784 — FREE Act Full Responsibility and Expedited Enforcement Act

Last action — Placed on the Union Calendar, Calendar No. 791.

  1. 1
    Introduced
  2. 2
    In Committee
  3. 3
    Passed House
  4. 4
    Passed Senate
  5. 5
    To Executive
  6. 6
    Enacted

This bill died with 118th Congress. It reached “Introduced” and never advanced before the session ended, so it can no longer move — a new version would have to be reintroduced in the current session.

This bill is no longer active — its legislative session has ended, so there are no live odds of enactment. It would have to be reintroduced in the current session to move again.

Summary

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.

Bill Text

What changed in the latest version

230 added · 144 removed

Plain-language change summary

The amendment changes the timeline for the government’s approval process from a maximum of 30 days to a “prompt deadline” without specifying the duration. It also removes a requirement for agencies to report to Congress on various aspects of their permitting processes within 240 days after enactment. These changes are intended to streamline the approval process while maintaining the government's ability to audit and enforce compliance with permitting requirements.

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8784 Introduced in House (IH)] <DOC> 118th CONGRESS 2d Session H.
8784 Reported in House (RH)] <DOC> Union Calendar No.
791 118th CONGRESS 2d Session H.
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.
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.
which was referred 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.
which was referred 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.
Calvert, 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] _______________________________________________________________________ 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.
(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 of a maximum of 30 days that only allows the Government to verify that all conditions are met.
(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.
PERMIT BY RULE.
PERMITTING BY RULE.
(a) Report to Congress Required.--Not later than 240 days after the date of the enactment of this section, the head of each agency shall submit to Congress a report on the following:
(a) Report to Congress Required.-- (1) Submission of report.--Not later than 240 days after the date of the enactment of this section, 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:
(1) An evaluation of each permit of the agency.
(A) A list and description of each type of permit issued by the agency.
(2) A list and description of each permit issued by the agency.
(B) The statutory and regulatory requirements for obtaining each such type of permit.
(3) The requirements for obtaining each such 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.
(4) A specific description of each step the agency 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.
(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.
(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.
(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.
(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.
(F) A list of primary interests that each type of permit is intended to foster or protect.
(7) A list of primary interests that each permit is intended to 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.
(8) An individual determination for each such permit that describes whether a permit by rule could replace the permitting system.
(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.
(9) An identification of each permit issued by the agency that could use a permit by rule.
(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.
(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 reasons why permit by rule could not be reasonably used for each such permit.
(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.
(11) An identification of any challenges the head of the agency anticipates in a transition to a permit by rule.
(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.
(b) Permit by Rule.-- (1) Automatic approval of permits.--Not later than 12 months after the date on which the report is submitted pursuant to subsection (a), the head of each agency shall establish a permit by rule application process that does the following:
(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;
(A) Specified in writing each requirement and substantive standard that must be met by an applicant to file under a permit by rule.
(B) the court determines that the agency unreasonably delayed such action;
(B) Allows an applicant to submit an application that contains only each required certification for each requirement or substantive standard established under subparagraph (A).
and (C) the applicant prevails in the claim.
(C) Deems an application for a permit granted if-- (i) the application contains each certification described in subparagraph (B);
(b) 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 (a), 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, the head of each agency shall establish by rule a permitting by rule application process that does the following:
and (ii) a period of 30 days after the date on which the completed application was submitted has expired.
(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.
(2) Correction of application.--The head of an agency may contact an applicant if any certification is missing from an application submitted under paragraph (1).
(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.
(3) Denial of application and enforcement.-- (A) Reason for denial.--The head of an agency may only deny an application submitted 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.
(C) Deems an application for a permit under permitting by rule granted if-- (i) the application contains each certification described in subparagraph (A);
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(B) Audit and enforcement.-- (i) Audit.--The head of an agency may audit an application and verify compliance with substantive standards, which may include reasonable requests for documentation.
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.
(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.
(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.
(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 or halting in an appropriate United States district court.
(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.
(D) Reasonable interpretation of substantive standards.--In an appeal under subparagraph (C), the court shall consider an applicant that had a reasonable interpretation of a substantive standard, and made a good faith effort to comply with such standard pursuant to such reasonable interpretation, to have met such standard.
(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.
(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.
(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.
(F) Interpretation.--A court shall interpret an agency rule for a permit by rule in a manner that favors the applicant if the applicant made a good faith effort to comply with the requirements of the permit by rule.
(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.
(G) Attorney fees;
(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.
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.
(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.
(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).
(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.
(2) Qualifying applicants.--Not later than 90 days after the date of the enactment of this section, 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.
(c) Congressional Oversight.--Not later than 2 years after the date on which the report is submitted pursuant 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) Restrictions on Agency Settlement Agreements.--The head of an agency may not enter into a settlement agreement with an applicant under subsection (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.
(d) Concurrent Use of Previous Permitting System.--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 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.
(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 implementing each permit for which permit by rule is implemented under this Act.
(e) GAO Reports.-- (1) Report on accuracy of agency reports.--Not later than 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 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.
(f) Maintenance of Previous Permitting System.-- (1) Concurrent use of previous permitting 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 otherwise 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 system has that a permit by rule does not in the report required pursuant to subsection (a).
(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.
(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) 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).
(3) Previous permitting system instead of permit by rule.-- The head of an agency may continue to use a permitting system instead of a permit by rule if the head of the agency includes in the report described in subsection (a) the reasons a permit by rule is not viable.
(f) Definitions.--In this section:
(g) Definitions.--In this section:
(2) Completed application.--The term ``completed application'' means an application submitted under subsection (b) that contains an application with certifications that the applicant meets each requirement and substantive standard established under subsection (b)(1)(A).
(2) Completed application.--The term ``completed 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) Permit by rule.--The term ``permit by rule'' means the permitting process described under subsection (b).
(3) 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).
<all>
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.''.
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 permit 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 ordered to be printed
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What Congress says this changes

H. Rept. 118-940

Published by the reporting committee Not generated — this is the committee's own “Changes in Existing Law Made by the Bill, as Reported”.

Text to be removed appears in [brackets]. Newly inserted text is italicised in the official report and cannot be marked in this plain-text rendition — read the official PDF ↗ for the authoritative formatting. 

CHANGES IN EXISTING LAW MADE BY THE BILL, AS REPORTED

 The requirements of clause 3(e) of rule XIII of the Rules 
of the House of Representatives do not apply to H.R. 8784.

Source: H. Rept. 118-940 · govinfo

Action History

  1. Placed on the Union Calendar, Calendar No. 791.

  2. Reported (Amended) by the Committee on Oversight and Accountability. H. Rept. 118-940.

  3. Ordered to be Reported in the Nature of a Substitute by the Yeas and Nays: 22 - 18.

  4. Committee Consideration and Mark-up Session Held

  5. Referred to the House Committee on Oversight and Accountability.

  6. Introduced in House

Sponsors

Sponsorship breakdown

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1 sponsors · 0 co-sponsors · 546 not signed on

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None.

Not signed on (546)

546 members have not signed on to this bill.

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Frequently asked questions

What does HR 8784 do?
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.
Who sponsors HR 8784?
HR 8784 is sponsored by Maloy, Celeste (Republican).
What is the current status of HR 8784?
This bill died with 118th Congress. It reached “Introduced” and never advanced before the session ended, so it can no longer move — a new version would have to be reintroduced in the current session.
Where can I track HR 8784?
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