HR 689119th CongressIntroduced

FREE Act

Introduced: Jan 23, 2025

Sponsor: Rep. Maloy, Celeste [R-UT-2] (R-Utah)

Economy & TaxesInfrastructure

Standard Summary

Comprehensive overview in 1-2 paragraphs

The FULL/FREE Act (H.R. 689) would push federal agencies to re-evaluate how they issue permits and consider replacing all or part of their current permitting systems with a streamlined “permitting by rule” approach. After agencies complete an initial, comprehensive report to Congress (within 240 days) detailing types of permits, requirements, timelines, and whether permitting by rule could replace current systems, agencies must, within 12 months, establish by rule a permitting-by-rule process for those permit types where replacement could be feasible. The new process would require specific written certifications, allow applications containing only those certifications (plus optional supporting docs), and deem a permit granted after 180 days if the agency has not acted. The act also creates audit and enforcement mechanisms, a path for appeal, and mandatory oversight by Congress and GAO. In short, the bill aims to speed up federal permitting, reduce delay and cost, and increase accountability, while preserving the government’s ability to audit and enforce compliance.

Key Points

1Permitting by rule concept: Agencies must assess whether certain permit types can be issued through a standardized, rule-based process with fixed standards, certifications, and a streamlined review, instead of the traditional case-by-case review.
2Timeline for reporting and rulemaking: Agencies must submit a comprehensive report to Congress within 240 days identifying permit types, requirements, typical review times, and whether permitting by rule could replace the current system; for permit types suitable for rule, agencies must establish a by-rule process within 12 months.
3Application design and automatic approval: The permitting-by-rule process requires written certifications that an applicant must meet; applicants can submit only these certifications (and optional supporting docs). If the agency does not disapprove within 180 days after a complete submission, the permit is deemed granted.
4Corrections, audits, and enforcement: Agencies must contact applicants within 7 days if a required certification is missing; agencies may audit submitted applications; disapproval must be based on unmet standards with an opportunity to correct; permits can be suspended or revoked for noncompliance, and there is an appeals process in district court.
5Oversight and accountability: The act includes congressional reporting on implementation, GAO reviews of accuracy and progress, and a shared authority to continue using the existing permitting system where it adds value (concurrent use option).
6Financial/relief incentive: If agencies miss the reporting deadline, they must pay the attorney fees and costs of applicants who sue for delays; this creates a potential financial incentive for timely action.

Impact Areas

Primary group/area affected- Federal permitting agencies and the entities that apply for federal permits (businesses, developers, project sponsors, and other individuals seeking authorization). The bill directly changes how some permits could be issued (via permitting by rule) and introduces new timing, certification, audit, and appeal processes.Secondary group/area affected- The general public and affected communities, who may gain from faster permit decisions and more predictable timelines, but whose input rights could be affected by streamlined rule-based processes (note: the bill emphasizes certifications and audits; public comment is mandated for agency reports, not explicitly for every permitting-by-rule decision).Additional impacts- Government accountability and transparency: stronger oversight by Congress and GAO, with potential reductions in delays and costs for both agencies and applicants.- Legal/administrative risk: new procedures create potential avenues for appeals and litigation if permits are denied or revoked, with the burden on the agency to justify decisions.- Administrative burden shift: agencies will incur upfront work to evaluate current systems and design new permitting-by-rule processes, plus ongoing audits and enforcement activities.Permitting by rule: A streamlined process where an agency sets written standards and required certifications for a specific permit type. If an applicant certifies they meet all standards (and submits any optional supporting docs), the permit can be granted automatically after a 180-day review window unless the agency disapproves.Completed application: An application that includes all required certifications showing the applicant meets each standard.Deemed granted: An approval status that occurs when the agency has not acted within 180 days after a complete permitting-by-rule submission.Audits and enforcement: The agency can verify compliance after a permit is granted and may require corrective action or suspend/revoke permits if standards are not met.

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