The FREE Act would require federal agencies to overhaul their permit approval systems by transitioning to a streamlined "permitting by rule" process wherever possible. Under this new system, agencies would establish clear written standards for permits, allow applicants to simply certify they meet those standards, and automatically approve permits within 180 days unless the agency finds specific deficiencies. The bill affects all federal agencies that issue permits and would impact businesses, individuals, and organizations that need government permits for various activities.
The legislation establishes a detailed timeline starting with Office of Management and Budget guidance within 120 days of enactment, followed by agency reports to Congress within 240 days of that guidance, and implementation of new permitting systems within 12 months after the reports. Agencies that fail to meet deadlines would be required to pay attorney fees and costs for permit applicants who successfully sue for delays. The bill includes enforcement mechanisms allowing agencies to audit permits after approval and requires courts to place the burden of proof on agencies when applicants challenge permit denials, with losing agencies paying the applicant's legal fees if the agency's actions weren't substantially justified.
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