--- Introduced (House)
+++ Reported (House)
@@ -1,11 +1,14 @@
[From the U.S. Government Publishing Office]
-[H.R. 689 Introduced in House (IH)]
+[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
@@ -23,6 +26,19 @@
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]
_______________________________________________________________________
@@ -75,12 +91,19 @@
SEC. 3. PERMITTING BY RULE.
-(a) Report to Congress Required.--
+(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 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:
+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
@@ -146,12 +169,12 @@
(B) the court determines that the agency
unreasonably delayed such action; and
(C) the applicant prevails in the claim.
-(b) Establishment of Processes for Permitting by Rule.--
+(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 (a), for each type of permit issued by
+pursuant to subsection (b), 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
+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:
@@ -231,16 +254,16 @@
the attorney fees and costs of the applicant from any
funds made available to the agency by appropriation or
otherwise.
-(c) Congressional Oversight.--Not later than 2 years after the date
-on which the report is submitted pursuant to subsection (a), the head
+(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
-(a)(1)(G) that permitting by rule could in whole or in part replace the
+(b)(1)(G) that permitting by rule could in whole or in part replace the
current system for issuing the type of permit.
-(d) Concurrent Use of Previous Permitting System.--If the head of
+(e) 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
+(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,
@@ -248,10 +271,10 @@
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) GAO Reports.--
+(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 (a), the Comptroller General
+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
@@ -272,21 +295,51 @@
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).
-(f) Definitions.--In this section:
+(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
-(b) that contains certifications that the applicant meets each
+(c) that contains certifications that the applicant meets each
requirement and substantive standard specified under subsection
-(b)(1)(A).
-(3) Permitting by rule.--The term ``permitting by rule''
+(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).
-(4) Substantive standard.--The term ``substantive
+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.
-<all>
+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