FREE Act

Faster federal permits for businesses

If enacted, each federal agency would list every permit it issues in a report due 240 days after enactment. Agencies would have one 90-day extension by notice. Within 12 months after that report, agencies would set up permitting-by-rule for permit types they found feasible. Under permitting-by-rule, agencies must write required certifications and applicants may submit only those certifications. If a required certification is missing, the agency must tell the applicant within 7 days. A completed application would be treated as approved if 180 days pass with no final agency action. Agencies could still audit permits, require fixes, and suspend or revoke permits for violations. Applicants could appeal denials, corrective actions, or suspensions in U.S. district court. In such appeals, the agency would have to prove its action was lawful. If the court finds the agency was not substantially justified, the agency would pay the applicant's attorney fees. Those fees would come from funds available to the agency. GAO would review initial agency reports within 90 days of the deadline. GAO would issue progress reports 180 days after agencies file implementation reports.