S.238 - Full Responsibility and Expedited Enforcement Act; FREE Act (119th Congress)
Summary
The Full Responsibility and Expedited Enforcement Act (FREE Act) aims to streamline the federal permitting process by requiring agencies to evaluate their existing permitting systems and consider replacing them with a "permit by rule" system. This system involves specific written standards, applicant self-certification of compliance, and a streamlined approval process with deadlines for agency action. The goal is to reduce delays and costs associated with traditional permitting while maintaining government oversight and enforcement capabilities.
Expected Effects
The Act could lead to faster permit approvals and reduced costs for businesses and individuals seeking federal permits. Agencies would be required to report to Congress on their permitting processes and progress in implementing the "permit by rule" system. This could also shift agency focus from gatekeeping to auditing and enforcing compliance, potentially improving efficiency.
Potential Benefits
- Reduced permitting delays and costs for applicants.
- Increased agency efficiency through streamlined processes.
- Greater transparency and predictability in the permitting process.
- Enhanced focus on enforcement of permit requirements.
- Potential for innovation and economic growth due to faster project approvals.
Potential Disadvantages
- Potential for reduced environmental or safety oversight if self-certification is not adequately audited.
- Risk of inconsistent application of standards across different agencies.
- Increased litigation if agencies are not substantially justified in disapproving permits.
- Administrative burden on agencies to evaluate and transition permitting systems.
- Possibility of agencies maintaining both old and new systems, creating confusion.
Constitutional Alignment
The Act appears to align with the Constitution by promoting efficient governance and reducing bureaucratic obstacles, potentially fostering economic activity. Congress's role in overseeing agency actions and setting policy is consistent with Article I, Section 1, which vests legislative powers in Congress. The Act does not appear to infringe on any specific constitutional rights or protections.
Impact Assessment: Things You Care About ⓘ
This action has been evaluated across 19 key areas that matter to you. Scores range from 1 (highly disadvantageous) to 5 (highly beneficial).