To require each agency to evaluate the permitting system of the agency to consider whether a permit by rule could replace that system, and for other purposes.
About This Bill
Committee
Latest Action · July 25, 2024
Read twice and referred to the Committee on Homeland Security and Governmental Affairs.
The FREE Act requires federal agencies to streamline their permit approval processes by implementing "permit by rule" systems where feasible. Under this approach, applicants would submit applications containing only certifications that they meet written requirements, and permits would be automatically approved after 30 days unless the agency denies them with a detailed written explanation. Within 180 days of enactment, each agency must report to Congress on all its permitting systems, estimate current approval timelines, and determine which systems could transition to the faster permit-by-rule model. Agencies have one year from submitting their report to implement permit-by-rule for all feasible systems, while retaining the authority to audit compliance and deny permits if applicants fail to meet stated standards. The bill also allows applicants to appeal denials in federal court, with the agency bearing the burden of proof and potentially owing attorney fees if the court sides with the applicant.
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