Summary of HR 689 - FREE Act

Bill Overview

• Bill Number: HR 689
• Title: Full Responsibility and Expedited Enforcement Act (FREE Act)
• Status: Reported (Amended) by the Committee on Oversight and Government Reform (H. Rept. 119-351)
• Introduced: January 23, 2025
• Classification: Bill

Purpose and Intent

The FREE Act aims to reform the federal permitting system by requiring agencies to evaluate their current permitting processes. The bill seeks to explore the feasibility of implementing a "permitting by rule" system, which would streamline the permitting process, reduce delays, and minimize costs for both the government and applicants.

Key Provisions

1. Agency Evaluation Requirement:

   • Each federal agency must assess its permitting system to determine if permitting by rule could replace or improve the current system.

2. Permit by Rule Process:

   • The bill defines "permitting by rule" as a streamlined process that includes:
     • Specific written standards for obtaining a permit.
     • A simplified certification process for applicants.
     • A prompt deadline for agency action on applications.
     • Retention of the government's right to audit and enforce compliance.

3. Reporting Obligations:

   • Agencies are required to submit a comprehensive report to Congress within 240 days of the guidance issuance by the Office of Management and Budget (OMB). This report must include:
     • Descriptions of each type of permit issued.
     • Statutory and regulatory requirements for each permit.
     • Estimated review times for applications.
     • Identification of permits that could transition to a permitting by rule system.

4. Public Comment:

   • Agencies may solicit public comments while preparing their reports to ensure stakeholder input is considered.

5. Penalties for Non-Compliance:

   • If an agency fails to submit the required report on time, it must pay the attorney fees of applicants who file claims against the agency for unreasonable delays.

6. Timeline for Implementation:

   • The OMB must issue guidance within 120 days of enactment, and agencies must establish processes for permitting by rule within 12 months after submitting their reports.

Impact

• Affected Parties:

  • Federal agencies responsible for issuing permits.
  • Businesses and individuals seeking permits, who may benefit from a more efficient process.

• Expected Outcomes:

  • Reduction in the time and costs associated with obtaining permits.
  • Increased accountability for agencies in managing their permitting processes.
  • Enhanced efficiency in federal permitting, potentially leading to faster project approvals.

Legislative History

• The bill was reported by the Committee on Oversight and Government Reform on October 28, 2025, and has undergone amendments during the committee's review process.
• It was ordered to be reported by a vote of 23-19 on May 21, 2025.

Sponsors

The bill is primarily sponsored by Celeste Maloy and has multiple cosponsors, including:
- Mike Collins
- Harriet M. Hageman
- August Pfluger
- Vince Fong
- Blake D. Moore
- Others

Related Legislation

• Companion Bill: S 238

This summary provides an overview of the FREE Act, highlighting its purpose, key provisions, and potential impacts on the federal permitting process.