FREE Act
Sponsored By: Representative Maloy
In Committee
Summary
Creates a standard "permitting by rule" path to speed approvals and limit agency discretion. The FREE Act would require agencies to review every permit type, decide whether permitting by rule could replace current processes, and set timelines, deemed approvals, audits, and appeal rules to enforce faster decisions.
Show full summary
- Applicants and local projects would get faster certainty. Agencies would have to create permitting-by-rule procedures within 12 months for eligible permits, allow filings based on written certifications, and trigger a deemed grant if the agency does not act within 180 days. Agencies must contact applicants within 7 days to fix missing certifications and may face attorney fees if they unreasonably delay and lose in court.
- Federal agencies would face a new inventory and review duty. Each agency would report within 240 days after OMB guidance on every permit type, typical timelines, and whether permitting by rule is feasible, and they would face audits and narrower grounds to deny certified filings.
- Congress and watchdogs would get oversight tools. OMB must issue guidance in 120 days and the Government Accountability Office would report on agency accuracy and implementation progress within 2 years.
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Bill Overview
Analyzed Economic Effects
2 provisions identified: 2 benefits, 0 costs, 0 mixed.
Faster permits by rule for applicants
This bill would create a permitting-by-rule path for permit types agencies say are suitable, within 12 months after each agency’s report. You could file only required certifications, and the agency would have 7 days to tell you if something is missing. If your completed application gets no decision, it would be deemed granted after 180 days. Agencies could keep the old permit track and let you choose it if it still adds value. Denials would be limited to unmet certifications or standards, and you would get a fair chance to fix problems first. Agencies could audit and suspend or revoke if standards are not met, but you could appeal in federal court and the agency must prove its case. If you win and the agency was not substantially justified, it would pay your lawyer fees; if the agency misses its report deadline and you sue during that window and win, it would also pay your fees.
Agency permit reports and oversight
OMB would issue guidance within 120 days defining “permitting by rule” and “permit.” Within 240 days after that guidance, each agency would send Congress a report on every permit it issues; one 90-day extension is allowed with notice. Reports would list requirements, steps, typical review times, and whether permitting by rule could replace current permits. The Comptroller General would review report accuracy within 90 days and progress within 180 days after implementation reports, and could give updates. Agencies would send a follow-up implementation report within 2 years after the first report. The bill would also define key terms like “completed application” and “substantive standard.”
Sponsors & CoSponsors
Sponsor
Maloy
UT • R
Cosponsors
Finstad
MN • R
Sponsored 1/23/2025
Moore (UT)
UT • R
Sponsored 1/23/2025
Valadao
CA • R
Sponsored 1/23/2025
Arrington
TX • R
Sponsored 1/23/2025
Owens
UT • R
Sponsored 1/23/2025
Pfluger
TX • R
Sponsored 1/23/2025
Ciscomani
AZ • R
Sponsored 1/23/2025
Stauber
MN • R
Sponsored 1/23/2025
Fischbach
MN • R
Sponsored 1/23/2025
Newhouse
WA • R
Sponsored 1/23/2025
Collins
GA • R
Sponsored 1/23/2025
Del. Moylan, James C. [R-GU-At Large]
GU • R
Sponsored 1/23/2025
Yakym
IN • R
Sponsored 1/23/2025
Fong
CA • R
Sponsored 1/23/2025
Gosar
AZ • R
Sponsored 1/23/2025
Fulcher
ID • R
Sponsored 1/23/2025
Kennedy (UT)
UT • R
Sponsored 1/23/2025
Hageman
WY • R
Sponsored 3/3/2025
Hurd (CO)
CO • R
Sponsored 7/2/2025
Roll Call Votes
No roll call votes available for this bill.
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