The FREE Act requires federal agencies to evaluate their current permitting systems and determine whether they could adopt "permitting by rule" — a streamlined alternative process. Under permitting by rule, applicants would submit certifications that they meet specific written requirements rather than undergoing lengthy agency reviews, with permits automatically granted after 180 days if the agency hasn't disapproved them. Within 240 days of enactment, each agency must report to Congress describing its permits, review procedures, typical processing times, and whether permitting by rule could replace current systems. For permits where permitting by rule is feasible, agencies have 12 months to establish the new process. Agencies retain authority to audit applications, deny permits that don't meet standards, and enforce compliance after issuance, but must provide reasons for denials and applicants can appeal to federal court. If an agency fails to submit its initial report on time, it must pay attorney fees for permit applicants who win lawsuits over unreasonable delays. The Government Accountability Office must also assess agencies' compliance and progress, with a final implementation report due two years after the initial agency reports.
Take Action
Your position
Add a comment
to comment on this bill.
Annotate the text
Highlight any passage on the Summary or Full Text tab to attach a note. Annotations appear on the Annotations tab.