IIB 
115TH CONGRESS 
1ST SESSION 
H. R. 469 
IN THE SENATE OF THE UNITED STATES 
OCTOBER 26, 2017 
Received; read twice and referred to the Committee on the Judiciary 
AN ACT 
To impose certain limitations on consent decrees and settle-
ment agreements by agencies that require the agencies 
to take regulatory action in accordance with the terms 
thereof, and for other purposes. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
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SECTION 1. SHORT TITLE; TABLE OF CONTENTS. 
(a) SHORT TITLE.—This Act may be cited as the 
‘‘Congressional Article I Powers Strengthening Act’’. 
(b) TABLE OF CONTENTS.—The table of contents of 
this Act is as follows: 
Sec. 1. Short title; table of contents. 
TITLE I—SUNSHINE FOR REGULATIONS AND REGULATORY 
DECREES AND SETTLEMENTS 
Sec. 101. Short title. 
Sec. 102. Definitions. 
Sec. 103. Consent decree and settlement reform. 
Sec. 104. Motions to modify consent decrees. 
Sec. 105. Effective date. 
TITLE II—JUDGMENT FUND TRANSPARENCY 
Sec. 201. Short title. 
Sec. 202. Judgment fund transparency. 
TITLE III—ARTICLE I AMICUS AND INTERVENTION 
Sec. 301. Short title. 
Sec. 302. Congressional intervention as of right. 
Sec. 303. Intervention and amicus authority for house of representatives. 
TITLE I—SUNSHINE FOR REGU-
LATIONS AND REGULATORY 
DECREES AND SETTLEMENTS 
SEC. 101. SHORT TITLE. 
This title may be cited as the ‘‘Sunshine for Regula-
tions and Regulatory Decrees and Settlements Act of 
2017’’. 
SEC. 102. DEFINITIONS. 
In this title— 
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(1) the terms ‘‘agency’’ and ‘‘agency action’’ 
have the meanings given those terms under section 
551 of title 5, United States Code; 
(2) the term ‘‘covered civil action’’ means a civil 
action— 
(A) seeking to compel agency action; 
(B) alleging that the agency is unlawfully 
withholding or unreasonably delaying an agency 
action relating to a regulatory action that would 
affect the rights of— 
(i) private persons other than the per-
son bringing the action; or 
(ii) a State, local, or tribal govern-
ment; and 
(C) brought under— 
(i) chapter 7 of title 5, United States 
Code; or 
(ii) any other statute authorizing such 
an action; 
(3) the term ‘‘covered consent decree’’ means— 
(A) a consent decree entered into in a cov-
ered civil action; and 
(B) any other consent decree that requires 
agency action relating to a regulatory action 
that affects the rights of— 
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(i) private persons other than the per-
son bringing the action; or 
(ii) a State, local, or tribal govern-
ment; 
(4) the term ‘‘covered consent decree or settle-
ment agreement’’ means a covered consent decree 
and a covered settlement agreement; and 
(5) the term ‘‘covered settlement agreement’’ 
means— 
(A) a settlement agreement entered into in 
a covered civil action; and 
(B) any other settlement agreement that 
requires agency action relating to a regulatory 
action that affects the rights of— 
(i) private persons other than the per-
son bringing the action; or 
(ii) a State, local, or tribal govern-
ment. 
SEC. 103. CONSENT DECREE AND SETTLEMENT REFORM. 
(a) PLEADINGS AND PRELIMINARY MATTERS.— 
(1) IN GENERAL.—In any covered civil action, 
the agency against which the covered civil action is 
brought shall publish the notice of intent to sue and 
the complaint in a readily accessible manner, includ-
ing by making the notice of intent to sue and the 
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complaint available online not later than 15 days 
after receiving service of the notice of intent to sue 
or complaint, respectively. 
(2) ENTRY OF A COVERED CONSENT DECREE 
OR
SETTLEMENT
AGREEMENT.—A party may not 
make a motion for entry of a covered consent decree 
or to dismiss a civil action pursuant to a covered set-
tlement agreement until after the end of proceedings 
in accordance with paragraph (1) and subpara-
graphs (A) and (B) of paragraph (2) of subsection 
(d) or subsection (d)(3)(A), whichever is later. 
(b) INTERVENTION.— 
(1) REBUTTABLE
PRESUMPTION.—In consid-
ering a motion to intervene in a covered civil action 
or a civil action in which a covered consent decree 
or settlement agreement has been proposed that is 
filed by a person who alleges that the agency action 
in dispute would affect the person, the court shall 
presume, subject to rebuttal, that the interests of 
the person would not be represented adequately by 
the existing parties to the action. 
(2) STATE, 
LOCAL, 
AND
TRIBAL
GOVERN-
MENTS.—In considering a motion to intervene in a 
covered civil action or a civil action in which a cov-
ered consent decree or settlement agreement has 
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been proposed that is filed by a State, local, or tribal 
government, the court shall take due account of 
whether the movant— 
(A) administers jointly with an agency that 
is a defendant in the action the statutory provi-
sions that give rise to the regulatory action to 
which the action relates; or 
(B) administers an authority under State, 
local, or tribal law that would be preempted by 
the regulatory action to which the action re-
lates. 
(c) SETTLEMENT NEGOTIATIONS.—Efforts to settle 
a covered civil action or otherwise reach an agreement on 
a covered consent decree or settlement agreement shall— 
(1) be conducted pursuant to the mediation or 
alternative dispute resolution program of the court 
or by a district judge other than the presiding judge, 
magistrate judge, or special master, as determined 
appropriate by the presiding judge; and 
(2) include any party that intervenes in the ac-
tion. 
(d) PUBLICATION OF AND COMMENT ON COVERED 
CONSENT DECREES OR SETTLEMENT AGREEMENTS.— 
(1) IN GENERAL.—Not later than 60 days be-
fore the date on which a covered consent decree or 
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(B) RESPONSE TO COMMENTS.—An agency 
shall respond to any comment received under 
subparagraph (A). 
(C) SUBMISSIONS TO COURT.—When mov-
ing that the court enter a proposed covered con-
sent decree or settlement agreement or for dis-
missal pursuant to a proposed covered consent 
decree or settlement agreement, an agency 
shall— 
(i) inform the court of the statutory 
basis for the proposed covered consent de-
cree or settlement agreement and its 
terms; 
(ii) submit to the court a summary of 
the comments received under subparagraph 
(A) and the response of the agency to the 
comments; 
(iii) submit to the court a certified 
index of the administrative record of the 
notice and comment proceeding; and 
(iv) make the administrative record 
described in clause (iii) fully accessible to 
the court. 
(D) INCLUSION
IN
RECORD.—The court 
shall include in the court record for a civil ac-
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tion the certified index of the administrative 
record submitted by an agency under subpara-
graph (C)(iii) and any documents listed in the 
index which any party or amicus curiae appear-
ing before the court in the action submits to the 
court. 
(3) PUBLIC HEARINGS PERMITTED.— 
(A) IN GENERAL.—After providing notice 
in the Federal Register and online, an agency 
may hold a public hearing regarding whether to 
enter into a proposed covered consent decree or 
settlement agreement. 
(B) RECORD.—If an agency holds a public 
hearing under subparagraph (A)— 
(i) the agency shall— 
(I) submit to the court a sum-
mary of the proceedings; 
(II) submit to the court a cer-
tified index of the hearing record; and 
(III) provide access to the hear-
ing record to the court; and 
(ii) the full hearing record shall be in-
cluded in the court record. 
(4) MANDATORY
DEADLINES.—If a proposed 
covered consent decree or settlement agreement re-
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quires an agency action by a date certain, the agen-
cy shall, when moving for entry of the covered con-
sent decree or settlement agreement or dismissal 
based on the covered consent decree or settlement 
agreement, inform the court of— 
(A) any required regulatory action the 
agency has not taken that the covered consent 
decree or settlement agreement does not ad-
dress; 
(B) how the covered consent decree or set-
tlement agreement, if approved, would affect 
the discharge of the duties described in sub-
paragraph (A); and 
(C) why the effects of the covered consent 
decree or settlement agreement on the manner 
in which the agency discharges its duties is in 
the public interest. 
(e) SUBMISSION BY THE GOVERNMENT.— 
(1) IN GENERAL.—For any proposed covered 
consent decree or settlement agreement that con-
tains a term described in paragraph (2), the Attor-
ney General or, if the matter is being litigated inde-
pendently by an agency, the head of the agency shall 
submit to the court a certification that the Attorney 
General or head of the agency approves the proposed 
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covered consent decree or settlement agreement. The 
Attorney General or head of the agency shall person-
ally sign any certification submitted under this para-
graph. 
(2) TERMS.—A term described in this para-
graph is— 
(A) in the case of a covered consent decree, 
a term that— 
(i) converts into a nondiscretionary 
duty a discretionary authority of an agency 
to propose, promulgate, revise, or amend 
regulations; 
(ii) commits an agency to expend 
funds that have not been appropriated and 
that have not been budgeted for the regu-
latory action in question; 
(iii) commits an agency to seek a par-
ticular appropriation or budget authoriza-
tion; 
(iv) divests an agency of discretion 
committed to the agency by statute or the 
Constitution of the United States, without 
regard to whether the discretion was 
granted to respond to changing cir-
cumstances, to make policy or managerial 
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choices, or to protect the rights of third 
parties; or 
(v) otherwise affords relief that the 
court could not enter under its own au-
thority upon a final judgment in the civil 
action; or 
(B) in the case of a covered settlement 
agreement, a term— 
(i) that provides a remedy for a fail-
ure by the agency to comply with the 
terms of the covered settlement agreement 
other than the revival of the civil action re-
solved by the covered settlement agree-
ment; and 
(ii) that— 
(I) interferes with the authority 
of an agency to revise, amend, or 
issue rules under the procedures set 
forth in chapter 5 of title 5, United 
States Code, or any other statute or 
Executive 
order 
prescribing 
rule-
making procedures for a rulemaking 
that is the subject of the covered set-
tlement agreement; 
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(II) commits the agency to ex-
pend funds that have not been appro-
priated and that have not been budg-
eted for the regulatory action in ques-
tion; or 
(III) for such a covered settle-
ment agreement that commits the 
agency to exercise in a particular way 
discretion which was committed to the 
agency by statute or the Constitution 
of the United States to respond to 
changing circumstances, to make pol-
icy or managerial choices, or to pro-
tect the rights of third parties. 
(f) REVIEW BY COURT.— 
(1) AMICUS.—A court considering a proposed 
covered consent decree or settlement agreement shall 
presume, subject to rebuttal, that it is proper to 
allow amicus participation relating to the covered 
consent decree or settlement agreement by any per-
son who filed public comments or participated in a 
public hearing on the covered consent decree or set-
tlement agreement under paragraph (2) or (3) of 
subsection (d). 
(2) REVIEW OF DEADLINES.— 
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(A) PROPOSED
COVERED
CONSENT
DE-
CREES.—For a proposed covered consent de-
cree, a court shall not approve the covered con-
sent decree unless the proposed covered consent 
decree allows sufficient time and incorporates 
adequate procedures for the agency to comply 
with chapter 5 of title 5, United States Code, 
and other applicable statutes that govern rule-
making and, unless contrary to the public inter-
est, the provisions of any Executive order that 
governs rulemaking. 
(B) PROPOSED
COVERED
SETTLEMENT 
AGREEMENTS.—For a proposed covered settle-
ment agreement, a court shall ensure that the 
covered settlement agreement allows sufficient 
time and incorporates adequate procedures for 
the agency to comply with chapter 5 of title 5, 
United States Code, and other applicable stat-
utes that govern rulemaking and, unless con-
trary to the public interest, the provisions of 
any Executive order that governs rulemaking. 
(g) ANNUAL REPORTS.—Each agency shall submit to 
Congress an annual report that, for the year covered by 
the report, includes— 
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(2) any covered consent decree or settlement 
agreement proposed to a court on or after the date 
of enactment of this title. 
TITLE II—JUDGMENT FUND 
TRANSPARENCY 
SEC. 201. SHORT TITLE. 
This title may be cited as the ‘‘Judgment Fund 
Transparency Act of 2017’’. 
SEC. 202. JUDGMENT FUND TRANSPARENCY. 
(a) TRANSPARENCY REQUIREMENT.—Section 1304 
of title 31, United States Code, is amended by adding at 
the end the following: 
‘‘(d)(1) Unless the disclosure of such information is 
otherwise prohibited by law (other than section 552a of 
title 5, United States Code) or court order, the Secretary 
of the Treasury shall make available to the public on a 
website, as soon as practicable, but not later than 30 days 
after the date on which a payment under this section is 
tendered on or after January 1, 2016, the following infor-
mation with regard to that payment: 
‘‘(A) The name of the specific agency or entity 
whose actions gave rise to the claim or judgment. 
‘‘(B) The name of the plaintiff or claimant. 
‘‘(C) The name of counsel for the plaintiff or 
claimant. 
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‘‘(D) The amount paid representing principal li-
ability, and any amounts paid representing any an-
cillary liability, including attorney fees, costs, and 
interest. 
‘‘(E) A brief description of the facts that gave 
rise to the claim. 
‘‘(F) The name of the agency that submitted 
the claim. 
‘‘(G) Any information available on reports gen-
erated by the Judgment Fund Payment Search ad-
ministered by the Treasury Department. 
‘‘(2) In addition to the information described in para-
graph (1), if a payment under this section is made to a 
foreign state on or after January 1, 2016, the Secretary 
of the Treasury shall make available to the public in ac-
cordance with paragraph (1), the following information 
with regard to that payment: 
‘‘(A) A description of the method of payment. 
‘‘(B) A description of the currency denomina-
tions used for the payment. 
‘‘(C) The name and location of each financial 
institution owned or controlled, directly or indirectly, 
by a foreign state or an agent of a foreign state 
through which the payment passed or from which 
the payment was withdrawn, including any financial 
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institution owned or controlled, directly or indirectly, 
by a foreign state or an agent of a foreign state that 
is holding the payment as of the date on which the 
information is made available. 
‘‘(3) Not later than January 1, 2018, and annually 
thereafter, the Secretary of the Treasury shall make avail-
able to the public on the website described in paragraph 
(1)— 
‘‘(A) the total amount paid under this section 
during the year preceding the date of the report; and 
‘‘(B) the amount paid under this section during 
the year preceding the date of the report— 
‘‘(i) for attorney fees; 
‘‘(ii) for interest; and 
‘‘(iii) for all other payments. 
‘‘(4) In this subsection, the term ‘foreign state’ has 
the meaning given the term in section 1603 of title 28. 
‘‘(e) Except with regard to children under eighteen, 
the disclosure of information required in this section shall 
not be considered a ‘clearly unwarranted invasion of per-
sonal privacy’ for purposes of title 5, United States Code. 
‘‘(f) No payment may be made under this section to 
a state sponsor of terrorism, as defined in section 
1605A(h) of title 28, or to an organization that has been 
designated as a foreign terrorist organization under sec-
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tion 219 of the Immigration and Nationality Act (8 U.S.C. 
1189).’’. 
(b) IMPLEMENTATION.—The Secretary of the Treas-
ury shall carry out the amendment made by this section 
by not later than 60 days after the date of enactment of 
this title. 
TITLE III—ARTICLE I AMICUS 
AND INTERVENTION 
SEC. 301. SHORT TITLE. 
This title may be cited as the ‘‘Article I Amicus and 
Intervention Act of 2017’’. 
SEC. 302. CONGRESSIONAL INTERVENTION AS OF RIGHT. 
(a) DEADLINE FOR REPORT ON LIMITATION ON EN-
FORCEMENT
OF
LAWS.—Paragraph (2) of section 
530D(b) of title 28, United States Code, is amended to 
read as follows: 
‘‘(2) under subsection (a)(1)(B), within such 
time as will reasonably enable the House of Rep-
resentatives and the Senate to take action, sepa-
rately or jointly, to intervene in a timely fashion in 
the proceeding, but in no event— 
‘‘(A) later than 30 days after the making 
of each determination; and 
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‘‘(B) later than 21 days before any appli-
cable deadline for filing any pleading nec-
essary— 
‘‘(i) to defend or assert the constitu-
tionality of the provision at issue; or 
‘‘(ii) to request review of any judicial, 
administrative, or other determination ad-
versely affecting the constitutionality of 
such provision;’’. 
(b) INTERVENTION AS OF RIGHT.—Section 530D of 
title 28, United States Code, is amended by adding at the 
end the following: 
‘‘(f) INTERVENTION AS OF RIGHT.—The Senate or 
House of Representatives may intervene as of right in any 
proceeding referenced in subsection (a)(1)(B) in order to 
defend or assert the constitutionality of any provision of 
any Federal statute, rule, regulation, program, policy, or 
other law, or to appeal or request review of any judicial, 
administrative, or other determination adversely affecting 
the constitutionality of any such provision. Notwith-
standing any otherwise applicable time limits or other pro-
visions of law to the contrary, if such intervention is filed 
not later than 21 days after receipt of the notice required 
by this section the intervention shall be deemed timely and 
shall preserve the right of the Senate or House of Rep-
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resentatives to advance any applicable legal arguments in 
favor of the constitutionality of any such provision.’’. 
SEC. 303. INTERVENTION AND AMICUS AUTHORITY FOR 
HOUSE OF REPRESENTATIVES. 
Section 101 of the Legislative Branch Appropriations 
Act, 2000 (2 U.S.C. 5571), is amended— 
(1) by striking subsection (d); and 
(2) by inserting after subsection (b) the fol-
lowing (and redesignating succeeding subsections ac-
cordingly): 
‘‘(c) HOUSE OF REPRESENTATIVES INTERVENTION 
AND AMICUS AUTHORITY.— 
‘‘(1) ACTIONS
OR
PROCEEDINGS.—When di-
rected to do so in accordance with the Rules of the 
House of Representatives, the General Counsel of 
the House of Representatives shall intervene or ap-
pear as amicus curiae in the name of the House, or 
in the name of an officer, committee, subcommittee, 
or chair of a committee or subcommittee of the 
House, or other entity of the House, in any legal ac-
tion or proceeding pending in any court of the 
United States or of a State or political subdivision 
thereof. 
‘‘(2) INTERVENTION
OR
APPEARANCE
AS
OF 
RIGHT.—Intervention as a party or appearance as 
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amicus curiae shall be of right and may be denied 
by a court only upon an express finding that such 
intervention or appearance is untimely and would 
significantly delay the pending action or, in the case 
of intervention, that standing to intervene is re-
quired and has not been established under section 2 
of article III of the Constitution of the United 
States. 
‘‘(3) RULE
OF
CONSTRUCTION.—Nothing in 
this section shall be construed to confer standing on 
any party seeking to bring, or jurisdiction on any 
court with respect to, any civil or criminal action 
against Congress, either House of Congress, a Mem-
ber of Congress, a committee or subcommittee of a 
House of Congress, any office or agency of Con-
gress, or any officer or employee of a House of Con-
gress or any office or agency of Congress.’’. 
Passed the House of Representatives October 25, 
2017. 
Attest: 
KAREN L. HAAS, 
Clerk. 
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