FREE Act

This bill, titled the "Full Responsibility and Expedited Enforcement Act" or "FREE Act," aims to reform federal agency permitting processes by addressing issues of broad discretion, lack of time constraints, and resulting delays and expenses. It introduces "permitting by rule," a streamlined process based on specific written standards, applicant certification, and prompt agency action, designed to overcome current inefficiencies and reduce costs for both government and private interests. The legislation mandates that each federal agency evaluate its existing permitting systems and submit a comprehensive report to Congress and the Comptroller General within 240 days. This report must detail each permit type, its requirements, typical processing times, and critically, an individual determination of whether "permitting by rule" could replace or supplement the current system. For permits identified as suitable, agencies are required to establish a "permitting by rule" application process within 12 months, allowing applicants to certify compliance and deeming applications granted if not acted upon within 180 days. To ensure accountability, the bill includes provisions for attorney fees if an agency fails to submit its initial report by the deadline or if its adverse action on a permit is successfully appealed and found to be without substantial justification. Agencies retain the right to audit applications and granted permits, and to enforce compliance, but must provide specific reasons and an opportunity to correct for any disapproval. The legislation also allows agencies to maintain their previous permitting systems concurrently with "permitting by rule" if the older system offers unique value, and includes robust congressional and GAO oversight to monitor implementation and progress.