The FREE Act requires every federal agency to review its permitting systems and report to Congress on whether a streamlined process called "permitting by rule" could replace traditional permit review. Under this alternative system, applicants would certify in writing that they meet specific published standards rather than undergoing lengthy case-by-case agency review, and applications would automatically be approved if the agency does not act within 180 days. Agencies would retain authority to audit permits, require corrections, and revoke approvals for noncompliance, but applicants could challenge agency decisions in federal court, with agencies bearing the burden of proof and paying legal costs if they lose or if they miss reporting deadlines. Agencies must submit initial reports within 240 days of enactment (with a possible 90-day extension), implement permitting-by-rule systems within 12 months after that, and report on progress within two years. The bill affects nearly all federal agencies that issue permits and aims to reduce delays and costs for businesses, individuals, and other applicants seeking government permits, while the Government Accountability Office is tasked with reviewing agency reports and monitoring implementation progress.
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