FREE Act

This bill, known as the "Full Responsibility and Expedited Enforcement Act" or "FREE Act," aims to address perceived inefficiencies, delays, and high costs in federal agency permitting systems. It introduces the concept of "permitting by rule," a process designed to overcome agency delays by establishing specific written standards for obtaining a permit, requiring applicants to certify compliance, and implementing a streamlined approval process with prompt deadlines for agency action. The government would retain the right to audit and enforce compliance post-issuance, shifting focus from gatekeeping to ensuring adherence to standards. The legislation mandates that each agency head submit a comprehensive report to Congress within 240 days of enactment. This report must detail all permit types, their statutory requirements, typical review steps and times, and the primary interests each permit protects. Crucially, agencies must determine for each permit type whether permitting by rule could wholly or partially replace the current system, identifying any challenges or necessary legal changes. Failure to submit this report by the deadline could result in the agency paying attorney fees and costs for applicants whose permit actions were unreasonably delayed. Following the report, agencies must establish rule-based permitting processes within 12 months for all eligible permit types. These new processes must specify written requirements, allow applications based on applicant certification, and include a 180-day deemed approval if the agency does not act. Agencies can only disapprove applications by identifying unmet requirements, providing correction opportunities, and stating facts and reasoning with particularity. The bill also allows for concurrent use of both old and new permitting systems if the agency deems the old system provides unique value, and includes provisions for congressional oversight and Government Accountability Office (GAO) reports on implementation and progress.