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Committee advances permit-by-rule bill that critics say could curtail public input and environmental enforcement
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Summary
HR 689, the Full Responsibility and Expedited Enforcement (FREE) Act, was favorably reported after debate. Supporters said it speeds permitting by allowing 'permitting by rule'; opponents warned it would limit agency review, public notice, and enable quicker litigation. Recorded vote: 23-19.
The Oversight and Reform Committee voted to report HR 689, known in the markup as the FULL Responsibility and Expedited Enforcement Act (the Free Act), which promotes wider adoption of permitting-by-rule across federal agencies and establishes automatic approval timelines for qualifying permit applications.
Chairman Comer described permitting by rule as a way to streamline federal permitting: agencies set conditions an applicant must meet, and applicants self-certify compliance to receive permits without case‑by‑case adjudication. The bill would create a 180‑day automatic approval timeline for qualifying applications unless the agency issues a final decision.
Ranking Member Lynch strongly opposed the bill, saying it would strip agencies of case‑by‑case review, undermine public notice and comment, shift burdens of proof to agencies, encourage immediate litigation in district court by applicants, and require agencies to pay prevailing applicants' attorney fees under certain conditions. Lynch said the bill would favor corporate applicants over civil servants charged with protecting lands, air and water and would limit community input in permitting decisions.
The committee adopted the substitute amendment and ordered HR 689 favorably reported. The clerk reported the recorded vote on reporting HR 689 as amended: ayes 23, nays 19.
