H.R. 8784: Full Responsibility and Expedited Enforcement Act

This bill, known as the Full Responsibility and Expedited Enforcement Act (or the FREE Act), aims to reform the permitting process across federal agencies. Here’s a breakdown of its key features:

Purpose and Findings

The bill addresses concerns that federal permitting processes are often:

• Slow and costly due to agencies having broad discretion in their decision-making.
• Not subject to strict time limits, leading to delays.
• Sometimes used strategically by agencies to stall or discourage applicants.

To improve this system, the bill proposes using a "permit by rule" approach, which would streamline the permitting process and provide quick decisions based on standardized criteria.

Permit by Rule Implementation

The bill mandates several actions from federal agencies:

• Within 240 days of the bill becoming law, agencies must report to Congress detailing their current permitting processes, including:
• The types of permits they issue.
• The requirements for each permit type.
• The steps and timelines involved in processing applications.
• Potential challenges to implementing a permit by rule system.
• If an agency finds that a permit by rule could replace any current permitting system, they need to develop the necessary procedures within 12 months.

The permit by rule process is designed to allow applicants to certify compliance with specific standards rather than navigating a more complex and subjective approval process.

Application Process

Agencies must ensure that the application process under the permit by rule is clear and efficient:

• Applications will only need to include certifying that specific standards are met.
• Agencies have 180 days to act on an application; if no decision is made, the application is automatically deemed approved.
• Agencies must notify applicants within a week if required information is missing and provide opportunities to correct applications.

Accountability and Oversight

The bill includes provisions for ensuring agency accountability:

• Agencies are allowed to audit applications and verify compliance after permits are issued.
• If a permit is denied or revoked, the agency must provide a detailed explanation and inform the applicant how to correct any issues.
• Agencies concerned about delays in compliance must pay the applicant's attorney fees if they fail to meet deadlines resulting in litigation.

Congressional Reporting Requirements

Once the permit by rule system is implemented, each agency must report to Congress about its performance and the effectiveness of this new process. Moreover, the Government Accountability Office (GAO) will assess the accuracy of these agency reports and progress towards implementation.

Existing Systems

If any agency finds that the existing permitting process provides unique advantages that the new method does not, both permitting systems can coexist, allowing applicants to choose which to use.

Definitions

The bill defines key terms, particularly focusing on what constitutes an agency and the specifics of a complete application and permitting by rule. It clarifies the standards that must be met for a permit application to be considered complete.

Relevant Companies

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