,,ii  #aahth ,,congress  #b;d ,session  
,s4 #dhje  ,,in ,,the ,,senate ,,of     
,,the ,,united ,,states  ,july #be1     
#bjbd,ms4 ,lummis 7for herself1 ,mr4    
,budd1 and ,mr4 ,ricketts7 introduced   
the following bill2 which was read twice
 and referred to the ,committee on      
,homeland ,security and ,governmental   
,affairs  ,a ,,bill  ,to require each   
agency to evaluate the permitting system
 of the agency to consider whether a    
permit by rule could replace that       
system1 and for other purposes4  #a4    
,short title ,this ,act may be cited as 
the ,full ,responsibility and ,expedited
 ,enforcement ,act or the ,,free ,act4  
#b4 ,findings ,congress finds the       
following3 7#a7 ,agencies nearly        
unanimously operate permitting systems  
that-- 7,a7 give agencies broad         
discretion and require agencies review  
each permit application2 and  7,b7      
either do not have decision deadlines or
 have decision deadlines which agencies 
do not follow4  7#b7 ,the combination of

 broad discretion and the lack of       
decision deadlines often results in     
permitting systems that are tedious1    
time consuming1 and expensive for the   
,government and for applicants4  7#c7   
,agencies will sometimes use discretion 
under a permitting system and the time  
consuming nature of a permitting system 
to stall or discourage permit issuance4 
7#d7 ,there is a compelling interest in 
avoiding unnecessary delay and expense  
in ,federal permitting4  7#e7 ,permit by
 rule is a system of permitting-- 7,a7  
that includes specific written standards
 for obtaining a permit1 a simple       
requirement for an applicant to certify 
compliance with each of the standards1  
and a streamlined approval process that 
allows an agency not more than #cj days 
to verify that all conditions are met2  
and  7,b7 in which an agency retains the
 right and responsibility to audit and  
enforce compliance with permitting      
requirements4  7#f7 ,permit by rule1    
applied by agencies1 would increase     

efficiency and help overcome delays and 
the cumbersome cost of agency review to 
,government and private interests by    
focusing on grantees that are violating 
the law or standards rather than        
gatekeeping1 thereby allowing agencies  
to protect the compelling interests for 
which permitting systems are intended4  
#c4 ,definitions ,in this ,act3 7#a7    
,agency2 rule ,the terms agency and rule
 have the meaning given those terms in  
section #eea of title #e1 ,united       
,states ,code4  7#b7 ,completed         
application ,the term completed         
application means an application        
submitted under section #d7;b7 that     
contains a certification that the       
applicant meets each requirement and    
substantive standard established under  
paragraph 7#a77;,a7 of that section4    
7#c7 ,permit by rule ,the term permit by
 rule means the permitting process      
described in section #d7;b74  7#d7      
,substantive standard ,the term         
substantive standard1 with respect to a 

permit1 means each quality1 status1     
action1 benchmark1 measurement1 or other
 written description that would qualify 
a person to perform an action for which 
the permit is required4  #d4 ,permit by 
rule  7a7 ,report to ,congress required 
,not later than #ahj days after the date
 of enactment of this ,act1 the head of 
each agency shall submit to ,congress a 
report that includes the following3 7#a7
 ,an evaluation of each permitting      
system of the agency4  7#b7 ,a list and 
description of each permitting system   
used by the agency and the requirements 
for obtaining a permit under each such  
permitting system4  7#c7 ,a specific    
description of each step the agency     
follows to review a permit application1 
including a list of the job title of    
each employee of the agency involved in 
the permitting system and a short job   
description for each job title as the   
job relates to the evaluation of permit 
applications4  7#d7 ,an estimate of the 
number of days between submission of an 

application for a permit and grant of   
the application4  7#e7 ,with respect to 
an application for a permit that is     
found to not meet the necessary         
requirements for a grant of the         
application1 the necessary actions      
required of the applicant and the       
agency4  7#f7 ,a list of primary        
interests that each permitting system is
 intended to protect4  7#g7 ,with       
respect to each permitting system1 a    
determination of whether a permit by    
rule could replace the permitting       
system1 and for each permitting system  
for which the determination is that a   
permit by rule could not replace the    
permitting system1 a description that   
details with particularity the reasons  
why a permit by rule could not be       
reasonably used4  7#h7 ,an              
identification of any challenges        
anticipated for a transition from each  
permitting system to a permit by rule4  
7b7 ,permit by rule  7#a7 ,streamlined  
application process ,not later than #a  

year after the date on which the report 
is submitted under subsection 7a71 the  
head of each agency shall establish a   
permit by rule application process with 
respect to each permit system identified
 in such report as feasible for         
transition to a permit by rule that does
 the following3 7,a7 ,specifies in      
writing each requirement and substantive
 standard that must be met by an        
applicant to file an application under  
the permit by rule system4  7,b7 ,allows
 an applicant to submit an application  
that contains only a certification for  
each requirement or substantive standard
 specified under subparagraph 7,a74     
7,c7 ,deems an application for a permit 
granted if-- 7i7 the application        
contains each certification described in
 subparagraph 7,b72 and  7ii7 a period  
of #cj days after the date on which the 
completed application was submitted has 
expired and the application was not     
denied under paragraph 7#c74  7#b7      
,correction of application ,during the  

#cj-;day period after the date of       
submission of the application1 the head 
of an agency may contact an applicant if
 any certification is missing from an   
application submitted under paragraph   
7#a7 and the applicant may correct the  
missing certification without any       
adverse effect on the application4  7#c7
 ,denial of application ,the head of an 
agency may deny an application submitted
 under paragraph 7#a7 only if the head  
of the agency issues a written decision 
that identifies a requirement or        
substantive standard described in       
subparagraph 7,a7 of that paragraph that
 was not met and states with            
particularity the facts and reasoning   
for such denial4  7#d7 ,audit and       
enforcement  7,a7 ,in general  7i7      
,audit ,the head of an agency may audit 
a grantee of a permit to verify         
compliance with the requirements and    
substantive standards certified in the  
application of the grantee under        
paragraph 7#a71 including by issuing    

reasonable requests for documentation4  
7ii7 ,enforcement ,the head of an agency
 may deny an application under paragraph
 7#a7 at any time or suspend a permit   
deemed granted under subparagraph 7,c7  
of that paragraph if the head of the    
agency finds that a requirement or      
substantive standard under subparagraph 
7,a7 of that paragraph is not met4  7,b7
 ,direct appeal  7i7 ,in general ,an    
applicant denied a permit or a grantee  
of a permit that is suspended under     
subparagraph 7,a77ii7 may appeal such   
denial or suspension in an appropriate  
district court of the ,united ,states4  
7ii7 ,reasonable interpretation of a    
requirement or substantive ,in an appeal
 under clause 7i71 the court shall      
consider the applicant or grantee to    
have met the requirement or substantive 
standard upon which a denial of an      
application or a suspension of a permit 
under subparagraph 7,a77ii7 is based if 
the applicant or grantee-- 7,i7 had a   
reasonable interpretation of the        

requirement or substantive standard2 and
  7,,ii7 made a good faith effort to    
comply with the requirement or          
substantive standard pursuant to such   
reasonable interpretation4  7iii7       
,burden of proof ,in an appeal under    
clause 7i71 the agency shall bear the   
burden of proof to show that the        
interpretation of the applicant or      
grantee was not reasonable or that the  
effort of the applicant or grantee to   
comply was not in good faith4  7iv7     
,attorney fees2 permit granted ,in an   
appeal under clause 7i71 if a court     
finds for the applicant or grantee under
 this subparagraph1 the agency shall pay
 the attorney fees of the applicant or  
grantee and the permit shall be deemed  
granted or reinstated4  7c7 ,permit by  
rule required  7#a7 ,in general ,not    
later than the date on which the report 
is submitted under subsection 7a71 the  
head of each agency shall issue a permit
 by rule option with respect to any     
permitting system identified in         

subsection 7a77#g7 as feasible for      
transition to a permit by rule4  7#b7   
,qualifying applicants ,not later than  
#ij days after the date of submission of
 the report under subsection 7e71 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 rule4  7#c7      
,maintenance of previous permitting     
system  7,a7 ,concurrent use of previous
 permitting system ,if the head of      
agency determines that a permitting     
system in effect before the date of     
enactment of this ,act provides value   
that a permit by rule does not1 and a   
permit by rule is otherwise viable1 if  
the head of the agency includes a       
description of such value in the report 
required under subsection 7a71 the head 
of the agency may offer both such       
existing permitting system and the      
permit by rule1 and the applicant may   
choose which to use4  7,b7 ,preference  

for permit by rule ,if the head of the  
agency determines that permit by rule is
 viable and wishes to maintain only #a  
permitting system1 the agency shall     
maintain permit by rule4  7,c7 ,existing
 permitting system instead of permit by 
rule ,if the head of an agency          
determines that permit by rule is not   
viable and includes the reasons permit  
by rule is not viable in the report     
under subsection 7a71 the head of the   
agency may continue to use the          
permitting system in effect before the  
date of enactment of this ,act4  7d7    
,restrictions on agency settlement      
agreements ,the head of an agency may   
not enter into a settlement agreement   
with an applicant under subsection 7b7  
in which the agency agrees to not       
enforce1 with respect to the applicant1 
this ,act1 any regulation promulgated   
under this ,act1 or any requirement or  
substantive standard for a permit by    
rule established pursuant to this ,act4 
7e7 ,congressional oversight ,not later 

than #bdj days after the date of        
enactment of this ,act1 the head of each
 agency shall submit to ,congress a     
report on the progress of the agency in 
transitioning to a permit by rule for   
each permitting system for which a      
permit by rule is required to be        
implemented under this ,act4