H.R. 689

119th CONGRESS 1st Session

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 · Sponsor: Ms. Maloy · Committee: Committee on Oversight and Government Reform

Table of contents

• H.R. 689
  • SEC. 1. Short title
  • SEC. 2. Findings
  • SEC. 3. Permitting by rule

SEC. 1. Short title

• This Act may be cited as the or the .

SEC. 2. Findings

• Congress finds the following:
  • Agencies near unanimously operate under a permitting system that gives agencies broad discretion and requires the Government to review each permitting application.
  • Agencies near unanimously operate under a permitting system that either does not have time constraints, or has time constraints that agencies do not follow.
  • 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.
  • There is a compelling interest in avoiding unnecessary delay and expense in Federal permitting.
  • Permit by rule is a process that seeks to overcome agency delay and the cumbersome cost of agency review to Government and private interests.
  • 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) 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:
      • A list and description of each type of permit issued by the agency.
      • The statutory and regulatory requirements for obtaining each such type of permit.
      • For each type of permit issued by the agency, a specific description of each step the agency follows to review a permit application.
      • 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.
      • 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.
      • A list of primary interests that each type of permit is intended to foster or protect.
      • 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.
      • 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.
      • 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—

• 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;
• the court determines that the agency unreasonably delayed such action; and
• the applicant prevails in the claim.