119-hr-7329119th CongressWALLET

FREEDOM Act

Sponsored By: Representative Harder, Josh [D-CA-9]

In Committee

Summary

Speeds federal permitting for major energy projects and creates funds and legal tools to enforce deadlines and compensate sponsors. It sets firm timelines for routine and complex authorizations, creates a De‑Risking Compensation Program and Fund, and establishes a Permitting Performance Fund plus expedited judicial remedies to push agencies to act.

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  • Project sponsors: Must file a notice of initiation and get a lead agency completeness decision within 30 days. The lead agency must issue a project schedule; routine authorizations have a 90 day deadline, complex authorizations have a 1 year deadline, and an environmental impact statement (EIS) gets a 2 year deadline.
  • Developers and funds: Sponsors may enroll in a De‑Risking Compensation Program and pay an annual premium equal to 1.5 percent of their capital contribution, adjustable up to 3.0 percent. The De‑Risking Fund and a Permitting Performance Fund hold premiums, civil penalties, and appropriations, including an initial $50 million capitalization for the Permitting Performance Fund.
  • Agencies, courts, and land rules: The bill creates expedited judicial review with a 120 day decision target and court remands with 180 day completion schedules. It limits when agencies can halt "fully permitted" projects, expands geothermal permitting rules, creates a Geothermal Ombudsman, and authorizes cost‑recovery fees for rights‑of‑way and geothermal permits.

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Bill Overview

Analyzed Economic Effects

4 provisions identified: 1 benefits, 0 costs, 3 mixed.

Faster geothermal permitting and parity

If enacted, the bill would require Interior to write rules within one year allowing simultaneous review of multiple geothermal project phases, like exploration, drilling, and power plant siting. The Bureau of Land Management would get a Geothermal Ombudsman within 60 days to help resolve permit disputes and speed processing, with an annual report to Congress. The bill would also amend statutes to treat geothermal like oil and gas in certain permitting references.

De‑Risking compensation fund and cap

If enacted, the bill would create a De‑Risking Compensation Fund at Treasury made of program premiums and any appropriations. Fund money would pay compensation judgments and up to 5% for program administration. Payments under the subtitle could not come from the general Treasury if the Fund is exhausted. The bill would also cap compensation petitions at 125% of a sponsor's direct financial loss when alleging certain agency violations.

Faster permits and quicker court review

If enacted, the bill would require project notices and set strict agency timelines. Lead agencies would have 30 days to deem notices complete and 30 days to publish a project schedule. Agencies would generally have 90 days to decide routine authorizations and one year for complex authorizations. Courts would use expedited procedures and aim to decide cases within 120 days. Courts could remand with firm completion schedules, award fees and compensation, and allow sponsors to hire approved contractors to finish agency work. The bill would also protect "fully permitted" projects from being halted or voluntarily remanded without sponsor consent except for clear, immediate harm or illegal authorizations.

New permitting performance fund

If enacted, the bill would create a Permitting Performance Fund in the Treasury. It would start with $50 million in initial capitalization. Courts could fine agencies $1,000 to $100,000 per day for failing to follow court schedules. Money in the Fund would pay court‑approved contractors and court‑ordered attorney fees and awards. Agencies would fund transfers from unused amounts in their general management accounts based on a workload formula (routine work weighted 1; complex work weighted 4).

Sponsors & CoSponsors

Sponsor

Harder, Josh [D-CA-9]

CA • D

Cosponsors

  • Rep. Lawler, Michael [R-NY-17]

    NY • R

    Sponsored 2/3/2026

  • Rep. Bacon, Don [R-NE-2]

    NE • R

    Sponsored 2/3/2026

  • Rep. Gray, Adam [D-CA-13]

    CA • D

    Sponsored 2/3/2026

  • Rep. Edwards, Chuck [R-NC-11]

    NC • R

    Sponsored 2/3/2026

  • Rep. McDonald Rivet, Kristen [D-MI-8]

    MI • D

    Sponsored 2/3/2026

Roll Call Votes

No roll call votes available for this bill.

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