FREE Act

Reduced Delay and Expense: The bill seeks to overcome the "tedious, time consuming, and often expensive" permitting system that currently exists for both the government and private interests (Section 2, Findings).

Streamlined Approval Process: Under the "permitting by rule" system, applications can be granted automatically if the agency does not act within 180 days after a completed application is submitted (Section 3(c)(1)(C)).

Standardized Requirements: The new process requires agencies to specify in writing each requirement and substantive standard that must be met, allowing applicants to provide certifications rather than a full review (Section 3(c)(1)(A-B)).

Increased Accountability for Delays: If an agency fails to submit its required report on time, it may be required to pay the attorney fees and costs of applicants who file claims regarding permit delays (Section 3(b)(4)).

Protection Against Unjustified Actions: In cases where an applicant appeals a permit disapproval, suspension, or revocation, the agency bears the burden of proof to show that its action was lawful (Section 3(c)(4)(D)).

Recourse for Unjustified Decisions: If a court finds that an agency was not "substantially justified" in its decision to deny, suspend, or revoke a permit, the agency must pay the applicant's attorney fees and costs (Section 3(c)(4)(E)).

Potential for Increased Audits: While the process is streamlined, agencies still retain the right to audit applications and verify compliance with standards at any time (Section 3(c)(3) and 3(c)(4)(B)(i)).

Risk of Permit Revocation: Agencies maintain the power to require corrective action, suspend, or revoke a permit if they find the recipient is not meeting required standards (Section 3(c)(4)(B)(ii)).