,,ib ,union ,calendar ,no4 #cjc #aaith  
,,congress  #ast ,session  ,h4 ,r4 #fhi 
,report ,no4 #aai-cea ,,in ,,the ,,house
 ,,of ,,representatives  ,january #bc1  
#bjbe,ms4 ,maloy 7for herself1 ,mr4     
,finstad1 ,mr4 ,moore of ,utah1 ,mr4    
,valadao1 ,mr4 ,arrington1 ,mr4 ,owens1 
,mr4 ,pfluger1 ,mr4 ,ciscomani1 ,mr4    
,stauber1 ,mrs4 ,fischbach1 ,mr4        
,newhouse1 ,mr4 ,collins1 ,mr4 ,moylan1 
,mr4 ,yakym1 ,mr4 ,fong1 ,mr4 ,gosar1   
,mr4 ,fulcher1 and ,mr4 ,kennedy of     
,utah7 introduced the following bill2   
which was referred to the ,committee on 
,oversight and ,government ,reform      
,october #bh1 #bjbe;,additional         
sponsors3 ,ms4 ,hageman and ,mr4 ,hurd  
of ,colorado  ,october #bh1             
#bjbe,reported with an amendment1       
committed to the ,committee of the      
,whole ,house on the ,state of the      
,union1 and ordered to be printed,strike
 out all after the enacting clause and  
insert the part printed in italic,for   
text of introduced bill1 see copy of    

bill as introduced on ,january #bc1     
#bjbe  ,a ,,bill  ,to require each      
agency to evaluate the permitting system
 of the agency1 to consider whether     
permitting 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 near          
unanimously operate under a permitting  
system that gives agencies broad        
discretion and requires the ,government 
to review each permitting application4  
7#b7 ,agencies near unanimously operate 
under a permitting system that either   
does not have time constraints1 or has  
time constraints that agencies do not   
follow4  7#c7 ,the combination of broad 
discretion and the lack of time         
constraints often results in a tedious1 
time consuming1 and often expensive     
permitting system for the ,government   
and applicants4 ,moreover1 agencies will

 sometimes use their discretion and the 
time consuming nature of permitting 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 process that seeks to        
overcome agency delay and the cumbersome
 cost of agency review to ,government   
and private interests4  7#f7 ,permit by 
rule is a process of permitting 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 with a     
prompt deadline for agency action on    
applications that only allows the       
,government to verify that all          
conditions are met4 ,the ,government    
retains the right and responsibility to 
audit and enforce compliance with       
permitting requirements4 ,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 intended4  #c4   
,permitting by rule  7a7 ,office of     
management and budget guidance ,not     
later than #abj days after the date of  
the enactment of this ,act1 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 section1 including 
on the meaning of the terms permitting  
by rule and permit4  7b7 ,report to     
congress required  7#a7 ,submission of  
report ,not later than #bdj days after  
the date on which the guidance required 
under subsection 7a7 is issued1 the head
 of each agency shall submit to         
,congress1 including any committee of   
,congress with jurisdiction over permits
 for that agency1 and the ,comptroller  
,general a report on the following3 7,a7
 ,a list and description of each type of

 permit issued by the agency4  7,b7 ,the
 statutory and regulatory requirements  
for obtaining each such type of permit4 
7,c7 ,for each type of permit issued by 
the agency1 a specific description of   
each step the agency follows to review a
 permit application4  7,d7 ,for each    
type of permit issued by the agency1 an 
estimate of the time the agency         
typically takes to review an            
application1 beginning on the date on   
which an application is submitted and   
ending on the date on which a successful
 application is granted4  7,e7 ,for each
 type of permit issued by the agency1 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 permit4  7,f7 ,a list of primary  
interests that each type of permit is   
intended to foster or protect4  7,g7 ,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 permit4  
7,h7 ,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  
permit1 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      
permit4  7,i7 ,an identification of each
 type of permit for which the head of   
the agency has determined the agency    
could not reasonably1 in whole or in    
part1 issue permits by rule under       
current facts and circumstances1        
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 reason4  7#b7 ,public     
comment ,in preparing the report        
required pursuant to paragraph 7#a71 the

 head of an agency may solicit and      
consider public comment regarding the   
report4  7#c7 ,extension of submission  
deadline ,in the case that the head of  
an agency is not able to submit the     
report required pursuant to paragraph   
7#a71 the deadline to submit the report 
shall be extended by an additional #ij  
days if the head of the agency submits  
to ,congress1 including any committee of
 ,congress with jurisdiction over       
permits for that agency1 and the        
,comptroller ,general a notification of 
the intended extension of the deadline  
under this paragraph4  7#d7 ,attorney   
fees ,if the head of an agency does not 
file the report required pursuant to    
paragraph 7#a7 by the applicable        
deadline under this subsection1 the     
agency shall pay1 from any funds made   
available to the agency by appropriation
 or otherwise1 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-- 7,a7 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 report2  7,b7
 the court determines that the agency   
unreasonably delayed such action2 and   
7,c7 the applicant prevails in the      
claim4  7c7 ,establishment of processes 
for permitting by rule  7#a7            
,application for and approval of permits
 ,not later than #ab months after the   
date on which the report is submitted   
pursuant to subsection 7b71 for each    
type of permit issued by the agency for 
which the head of the agency determined 
under subsection 7b77#a77;,g7 that      
permitting by rule could in whole or in 
part replace the current system for     
issuing the type of permit1 the head of 
each agency shall establish by rule a   

permitting by rule application process  
that does the following3 7,a7 ,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 rule4  7,b7  
,allows an applicant to file an         
application that contains only each     
required certification described in     
subparagraph 7,a7 and any supporting    
documentation the applicant chooses to  
submit in support of each such          
certification4  7,c7 ,deems an          
application for a permit under          
permitting by rule granted if-- 7i7 the 
application contains each certification 
described in subparagraph 7,a72 and     
7ii7 a period of #ahj 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 application4  7#b7  
,correction of application ,the head of 
an agency shall contact an applicant    

within #g days after the date on which  
an application is submitted under       
paragraph 7#a7 if any required          
certification is missing from the       
application4  7#c7 ,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 documentation4  
7#d7 ,disapproval of application and    
enforcement  7,a7 ,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 7#a77;,a7 that   
was not met by the application1 informs 
the applicant of how to correct the     
application1 provides a reasonable      
opportunity for the applicant to make   
such correction before the final action 

of the agency on the application1 and   
states with particularity in any final  
action disapproving the application the 
facts and reasoning for such denial4    
7,b7 ,audit of compliance and           
enforcement following grant of a permit 
under permitting by rule  7i7 ,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 rule1 which may include reasonable  
requests for documentation4  7ii7       
,enforcement ,the head of an agency may 
require corrective action1 suspend1 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 permit4  7,c7 ,direct appeal ,an 
applicant whose application for a permit
 under permitting by rule is            
disapproved1 of whom corrective action  
is required under a permit granted under

 permitting by rule1 or whose permit    
granted under permitting by rule is     
suspended or revoked may appeal such    
disapproval1 corrective action1         
suspension1 or revocation in an         
appropriate ,united ,states district    
court4  7,d7 ,burden of proof ,in an    
appeal under subparagraph 7,c71 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 permit4  7,e7 ,attorney    
fees ,if the court finds for the        
applicant or permit holder under this   
paragraph and that the agency was not   
substantially justified in disapproving1
 requiring corrective action under1     
suspending1 or revoking a permit1 the   
agency shall pay the attorney fees and  
costs of the applicant from any funds   
made available to the agency by         
appropriation or otherwise4  7d7        
,congressional oversight ,not later than
 #b years after the date on which the   

report is submitted pursuant to         
subsection 7b71 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 7b77#a77;,g7 that permitting 
by rule could in whole or in part       
replace the current system for issuing  
the type of permit4  7e7 ,concurrent use
 of previous permitting system ,if the  
head of the agency determines in the    
report submitted pursuant to subsection 
7b7 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 not1 but that permitting by  
rule could in whole or in part replace  
the current system for issuing the type 
of permit1 the head of the agency may   
maintain for that type of permit both   
the permitting system previously in     
effect and permitting by rule1 and the  

applicant may choose which system to use
 to apply for a permit of that type from
 the agency4  7f7 ,gao reports  7#a7    
,report on accuracy of agency reports   
,not later than #ij days after the      
expiration of the deadline to submit the
 reports required under subsection 7b71 
the ,comptroller ,general shall submit  
to ,congress a report on the            
completeness and accuracy of the        
reports1 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 permit4  7#b7      
,report on progress by agencies ,not    
later than #ahj days after submission by
 the agencies of the reports required   
under subsection 7c71 the ,comptroller  
,general shall submit to ,congress a    
report on the progress by agencies in   
the implementation of this ,act1        
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 permit4  7#c7      
,supplements to the reports ,the        
,comptroller ,general may submit        
supplements to the report described in  
paragraph 7#a7 or 7#b7 with regard to a 
report submitted by the head of an      
agency after the ,comptroller ,general  
submits the report required pursuant to 
paragraph 7#a7 or 7#b74  7g7            
,definitions ,in this section3 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 subsection 7c7 that     
contains certifications that the        
applicant meets each requirement and    
substantive standard specified under    

subsection 7c77#a77;,a74  7#c7 ,director
 ,the term ,director means the ,director
 of the ,office of ,management and      
,budget4  7#d7 ,permit ,the term permit 
has the meaning given the term license  
in section #eea of title #e1 ,united    
,states ,code1 and as further elucidated
 by the ,director in the guidance issued
 under subsection 7a74  7#e7 ,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 7b71 as further elucidated by
 the ,director in the guidance issued   
under subsection 7a74  7#f7 ,substantive
 standard ,the term substantive standard
 means all qualities1 statuses1 actions1
 benchmarks1 measurements1 or other     
written descriptions that would qualify 
a party to perform the permitted action4
  ,october #bh1 #bjbe,reported with an  
amendment1 committed to the ,committee  
of the ,whole ,house on the ,state of   
the ,union1 and ordered to be printed