(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-
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 
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 
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; 
(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.— 
(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— 
(1) the number, identity, and content of covered 
civil actions brought against and covered consent de-
crees or settlement agreements entered against or 
into by the agency; and 
(2) a description of the statutory basis for— 
(A) each covered consent decree or settle-
ment agreement entered against or into by the 
agency; and 
(B) any award of attorneys fees or costs in 
a civil action resolved by a covered consent de-
cree or settlement agreement entered against or 
into by the agency. 
SEC. 404. MOTIONS TO MODIFY CONSENT DECREES. 
If an agency moves a court to modify a covered con-
sent decree or settlement agreement and the basis of the 
motion is that the terms of the covered consent decree or
settlement agreement are no longer fully in the public in-
terest due to the obligations of the agency to fulfill other 
duties or due to changed facts and circumstances, the 
court shall review the motion and the covered consent de-
cree or settlement agreement de novo. 
SEC. 405. EFFECTIVE DATE. 
This title shall apply to— 
(1) any covered civil action filed on or after the 
date of enactment of this title; and 
(2) any covered consent decree or settlement 
agreement proposed to a court on or after the date 
of enactment of this title. 
Passed the House of Representatives February 27, 
2014. 
Attest: 
Clerk.
113TH CONGRESS 
2D SESSION 
H. R. 2804 
AN ACT 
To amend title 5, United States Code, to require 
the Administrator of the Office of Information 
and Regulatory Affairs to publish information 
about rules on the Internet, and for other pur-
poses.