Bill · S. 238· Senate(119-S-238)
FREE Act
- Introduced
- 1/23/2025
- Last activity
- 1/23/2025 — Read twice and referred to the Committee on Homeland Security and Governmental Affairs.
- Sponsored by
- Cynthia Lummis
- Cosponsors
- - 5 - 0
- Introduced
- In Committee
What this bill would do
The "Full Responsibility and Expedited Enforcement Act" requires federal agencies to evaluate their existing permitting systems. Agencies must report on their current permit types, review processes, and whether "permitting by rule" could replace current methods. If an agency decides a "permitting by rule" system is feasible, they must establish a process based on specific written standards and applicant certifications. Under this new system, applications are deemed granted if the agency does not act within 180 days. This bill aims to reduce the delays and costs associated with traditional agency discretion and review.
Yes
Would business owners be better off under this?+7
Business owners benefit from faster, more predictable, and less expensive permitting processes.
Does this make it easier to run a small business?+6
The bill streamlines the permitting process through 'permitting by rule,' which reduces the time and cost of agency reviews for applicants.
Does this make what the government does easier for the public to see?+5
The bill mandates agencies to submit detailed reports on their permitting processes and timeframes to Congress.
The opposite
Does this better protect air, water and wildlife?-4
The bill moves agencies from a discretionary review model to a certification-based model, which may reduce proactive environmental oversight.
Does this give the federal government more power?-3
The bill limits agency discretion by establishing mandatory deadlines and shifting the burden of proof to the government in legal appeals.
Does this give people more protection from unfair business practices?-2
The shift toward 'permitting by rule' and automatic approvals may reduce the intensity of proactive agency review for consumer protections.
Who it would affect, and how
Potential Positive Impacts for People
-
Reduction in Delay and Expense: The bill seeks to overcome agency delay and the cumbersome costs of agency review for both government and private interests (Section 2, Finding 5 & 6).
-
Streamlined Approval Process: Under the proposed "permitting by rule," applicants can use a simpler process by providing certifications of compliance rather than undergoing a full agency review (Section 2, Finding 6; Section 3(b)(1)(A-B)).
-
Automatic Permit Approval: If an agency fails to approve or disapprove a completed application within 180 days, the application is deemed granted (Section 3(b)(1)(C)).
-
Accountability for Agency Delays: If an agency fails to submit its required report on time, it may be required to pay the attorney fees and costs for applicants filing claims regarding permit delays (Section 3(a)(4)).
-
Legal Protection for Applicants: In court appeals regarding the disapproval or revocation of permits, the agency bears the burden of proof to show that its actions were lawful (Section 3(b)(4)(D)).
Potential Negative Impacts for People
-
Financial Burden on Agencies: Agencies may be required to pay attorney fees and costs if they are found to have unreasonably delayed actions or if they are not substantially justified in disapproving or revoking permits (Section 3(a)(4); Section 3(b)(4)(E)).
-
Administrative Challenges: Agency heads may face various administrative or practical challenges when transitioning from traditional systems to "permitting by rule" (Section 3(a)(1)(H)).
Groups and Interests Ranking
Every group the model scored this bill for, from -10 to +10. Hover a score for the reason it gave.
- Demographic And Interest Groups
- Good For Business Owners+7
- Economy And Finance
- Improves Small Business Support+6Improves Consumer Protection-2
- Environment Energy And Infrastructure
- Improves Environmental Protections-4
- Governance And Ideology
- Improves Government Transparency+5Increases Federal Power-3
- 1/23/2025
- Read twice and referred to the Committee on Homeland Security and Governmental Affairs.
- 5 Cosponsors added.
- Introduced in Senate
One bill Congress.gov lists as related to this one — companions in the other chamber, earlier versions, and bills this one absorbed or was folded into.
Ted BuddRepublican · North Carolina
Pete RickettsRepublican · Nebraska
Rick ScottRepublican · Florida
Tim SheehyRepublican · Montana
Thomas TillisRepublican · North Carolina