To require each agency to evaluate the permitting system of the agency, to consider whether permitting by rule could replace that system, and for other purposes.
Sponsors
Legislative Progress
ReportedAdditional sponsors: Ms. Hageman and Mr. Hurd of Colorado
Reported with an amendment, committed to the Committee of the …
Ms. Maloy (for herself, Mr. Finstad, Mr. Moore of Utah, …
Summary
What This Bill Does
The FREE Act (Full Responsibility and Expedited Enforcement Act) overhauls how federal agencies issue permits by requiring them to adopt "permitting by rule" - a streamlined process where applicants certify they meet written standards rather than waiting for case-by-case agency review. The bill addresses widespread frustrations with slow, unpredictable permitting by setting strict deadlines and shifting agency focus from gatekeeping to enforcement and auditing.
Who Benefits and How
Businesses and individuals seeking federal permits are the primary beneficiaries. Under this system, permit applications are automatically approved if an agency fails to act within 180 days, eliminating open-ended delays. Applicants can simply certify compliance with written standards rather than navigating subjective agency discretion. If an agency wrongfully denies a permit, the agency must pay the applicant's attorney fees and costs.
Private sector entities and government contractors who regularly need permits will see reduced time and expense in obtaining approvals, making it easier to start projects and investments.
Who Bears the Burden and How
Federal agencies face significant new requirements. They must catalog all their permit types, evaluate whether each could use permitting by rule, submit detailed reports to Congress within 240 days, and implement new permitting systems within 12 months. Agencies that miss deadlines face financial penalties - paying applicants' legal costs for delayed permit decisions.
Agency staff lose much of their traditional discretionary authority over permit decisions, shifting their role toward post-issuance auditing and enforcement rather than upfront review and approval.
Key Provisions
- 180-day automatic approval: Applications are deemed granted if an agency fails to approve or disapprove within 180 days
- Written standards requirement: Agencies must specify clear, written criteria for permit approval rather than using case-by-case discretion
- Mandatory agency reporting: Agencies must submit detailed reports to Congress on their permit types and feasibility of permitting by rule
- Fee-shifting for agency failures: Agencies pay applicant attorney fees if they miss deadlines or wrongfully deny permits
- Applicant choice: Where agencies determine traditional permitting adds value, applicants can choose between the old system or permitting by rule
- GAO oversight: The Government Accountability Office reviews agency reports and monitors implementation
Evidence Chain:
This summary is derived from the structured analysis below. See "Detailed Analysis" for per-title beneficiaries/burden bearers with clause-level evidence links.
Primary Purpose
The bill aims to streamline federal permitting processes by introducing 'permitting by rule', reducing agency discretion, and imposing time constraints.
Policy Domains
Bill Structure & Actor Mappings
Who is "The Secretary" in each section?
- "the_director"
- → Director of the Office of Management and Budget (OMB)
- "the_head_of_each_agency"
- → Head of each federal agency
Key Definitions
Terms defined in this bill
Congress acknowledges the inefficiencies of current permitting systems, citing broad agency discretion and lack of time constraints. It highlights the need for a more efficient process to avoid unnecessary delays and expenses.
The bill introduces 'permitting by rule', a process with written standards, applicant certifications, and streamlined approval. It aims to reduce agency discretion and expedite permitting while retaining government oversight.
The bill is titled the Full Responsibility and Expedited Enforcement Act, or FREE Act.
We use a combination of our own taxonomy and classification in addition to large language models to assess meaning and potential beneficiaries. High confidence means strong textual evidence. Always verify with the original bill text.
Learn more about our methodology