IIB 
114TH CONGRESS 
2D SESSION 
H. R. 712 
IN THE SENATE OF THE UNITED STATES 
JANUARY 11, 2016 
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. 
This Act may be cited as the ‘‘Sunshine for Regula-
tions and Regulatory Decrees and Settlements Act of 
2016’’. 
SEC. 2. TABLE OF CONTENTS. 
The table of contents for this Act is as follows: 
Sec. 1. Short title. 
Sec. 2. Table of contents. 
TITLE I—SUNSHINE FOR 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—ALL ECONOMIC REGULATIONS ARE TRANSPARENT 
Sec. 201. Short title. 
Sec. 202. Office of information and regulatory affairs publication of informa-
tion relating to rules. 
TITLE III—PROVIDING ACCOUNTABILITY THROUGH 
TRANSPARENCY 
Sec. 301. Short title. 
Sec. 302. Requirement to post a 100 word summary to regulations.gov. 
TITLE I—SUNSHINE FOR REGU-
LATORY DECREES AND SET-
TLEMENTS 
SEC. 101. SHORT TITLE. 
This title may be cited as the ‘‘Sunshine for Regula-
tions and Regulatory Decrees and Settlements Act of 
2016’’. 
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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settlement agreement is filed with a court, the agen-
cy seeking to enter the covered consent decree or 
settlement agreement shall publish in the Federal 
Register and online— 
(A) the proposed covered consent decree or 
settlement agreement; and 
(B) a statement providing— 
(i) the statutory basis for the covered 
consent decree or settlement agreement; 
and 
(ii) a description of the terms of the 
covered consent decree or settlement agree-
ment, including whether it provides for the 
award of attorneys’ fees or costs and, if so, 
the basis for including the award. 
(2) PUBLIC COMMENT.— 
(A) IN GENERAL.—An agency seeking to 
enter a covered consent decree or settlement 
agreement shall accept public comment during 
the period described in paragraph (1) on any 
issue relating to the matters alleged in the com-
plaint in the applicable civil action or addressed 
or affected by the proposed covered consent de-
cree or settlement agreement. 
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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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(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. 104. 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. 105. EFFECTIVE DATE. 
This title shall apply to— 
(1) any covered civil action filed on or after the 
date of enactment of this Act; and 
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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 Act. 
TITLE II—ALL ECONOMIC REGU-
LATIONS ARE TRANSPARENT 
SEC. 201. SHORT TITLE. 
This title may be cited as the ‘‘All Economic Regula-
tions are Transparent Act of 2016’’ or the ‘‘ALERT Act 
of 2016’’. 
SEC. 202. OFFICE OF INFORMATION AND REGULATORY AF-
FAIRS PUBLICATION OF INFORMATION RE-
LATING TO RULES. 
(a) AMENDMENT.—Title 5, United States Code, is 
amended by inserting after chapter 6 the following new 
chapter: 
‘‘CHAPTER 6A—OFFICE OF INFORMATION 
AND REGULATORY AFFAIRS PUBLICA-
TION OF INFORMATION RELATING TO 
RULES 
‘‘651. Agency monthly submission to Office of Information and Regulatory Af-
fairs. 
‘‘652. Office of Information and Regulatory Affairs publications. 
‘‘653. Requirement for rules to appear in agency-specific monthly publication. 
‘‘654. Definitions. 
‘‘§ 651. Agency monthly submission to Office of Infor-
mation and Regulatory Affairs 
‘‘On a monthly basis, the head of each agency shall 
submit to the Administrator of the Office of Information 
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and Regulatory Affairs (referred to in this chapter as the 
‘Administrator’), in such a manner as the Administrator 
may reasonably require, the following information: 
‘‘(1) For each rule that the agency expects to 
propose or finalize during the 12-month period fol-
lowing the month covered by the monthly submis-
sion: 
‘‘(A) A summary of the nature of the rule, 
including the regulation identifier number and 
the docket number for the rule. 
‘‘(B) The objectives of and legal basis for 
the issuance of the rule, including— 
‘‘(i) any statutory or judicial deadline; 
and 
‘‘(ii) whether the legal basis restricts 
or precludes the agency from conducting 
an analysis of the costs or benefits of the 
rule during the rule making, and if not, 
whether the agency plans to conduct an 
analysis of the costs or benefits of the rule 
during the rule making. 
‘‘(C) Whether the agency plans to claim an 
exemption from the requirements of section 553 
pursuant to section 553(b)(B). 
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‘‘(D) The stage of the rule making as of 
the date of submission. 
‘‘(E) Whether the rule is subject to review 
under section 610. 
‘‘(2) For any rule that the agency expects to fi-
nalize during the 12-month period following the 
month covered by the monthly submission and for 
which the agency has issued a general notice of pro-
posed rule making— 
‘‘(A) an approximate schedule for com-
pleting action on the rule; 
‘‘(B) an estimate of whether the rule will 
cost— 
‘‘(i) less than $50,000,000; 
‘‘(ii) $50,000,000 or more but less 
than $100,000,000; 
‘‘(iii) $100,000,000 or more but less 
than $500,000,000; 
‘‘(iv) $500,000,000 or more but less 
than $1,000,000,000; 
‘‘(v) $1,000,000,000 or more but less 
than $5,000,000,000; 
‘‘(vi) $5,000,000,000 or more but less 
than $10,000,000,000; or 
‘‘(vii) $10,000,000,000 or more; and 
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‘‘(C) any estimate of the economic effects 
of the rule, including the imposition of un-
funded mandates and any estimate of the net 
effect that the rule will have on the number of 
jobs in the United States, that was considered 
in drafting the rule, or, if no such estimate is 
available, a statement affirming that no infor-
mation on the economic effects, including the 
effect on the number of jobs, of the rule has 
been considered. 
‘‘§ 652. Office of Information and Regulatory Affairs 
publications 
‘‘(a) AGENCY-SPECIFIC INFORMATION PUBLISHED 
MONTHLY.—Not later than 30 days after the submission 
of information pursuant to section 651, the Administrator 
shall make such information publicly available on the 
Internet. 
‘‘(b) CUMULATIVE ASSESSMENT OF AGENCY RULE 
MAKING PUBLISHED ANNUALLY.— 
‘‘(1) PUBLICATION
IN
THE
FEDERAL
REG-
ISTER.—Not later than October 1 of each year, the 
Administrator shall publish, in the Federal Register, 
the following, with respect to the previous year: 
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‘‘(A) The information that the Adminis-
trator received from the head of each agency 
under section 651. 
‘‘(B) The number of rules and a list of 
each such rule— 
‘‘(i) that was proposed by each agen-
cy, including, for each such rule, an indica-
tion of whether the issuing agency con-
ducted an analysis of the costs or benefits 
of the rule; and 
‘‘(ii) that was finalized by each agen-
cy, including for each such rule an indica-
tion of whether— 
‘‘(I) the issuing agency conducted 
an analysis of the costs or benefits of 
the rule; 
‘‘(II) the agency claimed an ex-
emption from the procedures under 
section 
553 
pursuant 
to 
section 
553(b)(B); and 
‘‘(III) the rule was issued pursu-
ant to a statutory mandate or the rule 
making is committed to agency discre-
tion by law. 
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‘‘(C) The number of agency actions and a 
list of each such action taken by each agency 
that— 
‘‘(i) repealed a rule; 
‘‘(ii) reduced the scope of a rule; 
‘‘(iii) reduced the cost of a rule; or 
‘‘(iv) accelerated the expiration date 
of a rule. 
‘‘(D) The total cost (without reducing the 
cost by any offsetting benefits) of all rules pro-
posed or finalized, the total cost of any un-
funded mandates imposed by all such rules, and 
the number of rules for which an estimate of 
the cost of the rule was not available. 
‘‘(2) PUBLICATION
ON
THE
INTERNET.—Not 
later than October 1 of each year, the Administrator 
shall make publicly available on the Internet the fol-
lowing: 
‘‘(A) The analysis of the costs or benefits, 
if conducted, for each proposed rule or final 
rule issued by an agency for the previous year. 
‘‘(B) The docket number and regulation 
identifier number for each proposed or final 
rule issued by an agency for the previous year. 
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‘‘(C) The number of rules and a list of 
each such rule reviewed by the Director of the 
Office of Management and Budget for the pre-
vious year, and the authority under which each 
such review was conducted. 
‘‘(D) The number of rules and a list of 
each such rule for which the head of an agency 
completed a review under section 610 for the 
previous year. 
‘‘(E) The number of rules and a list of 
each such rule submitted to the Comptroller 
General under section 801. 
‘‘(F) The number of rules and a list of 
each such rule for which a resolution of dis-
approval was introduced in either the House of 
Representatives or the Senate under section 
802. 
‘‘§ 653. Requirement for rules to appear in agency- 
specific monthly publication 
‘‘(a) IN GENERAL.—Subject to subsection (b), a rule 
may not take effect until the information required to be 
made publicly available on the Internet regarding such 
rule pursuant to section 652(a) has been so available for 
not less than 6 months. 
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‘‘(b) EXCEPTIONS.—The requirement of subsection 
(a) shall not apply in the case of a rule— 
‘‘(1) for which the agency issuing the rule 
claims an exception under section 553(b)(B); or 
‘‘(2) which the President determines by Execu-
tive order should take effect because the rule is— 
‘‘(A) necessary because of an imminent 
threat to health or safety or other emergency; 
‘‘(B) necessary for the enforcement of 
criminal laws; 
‘‘(C) necessary for national security; or 
‘‘(D) issued pursuant to any statute imple-
menting an international trade agreement. 
‘‘§ 654. Definitions 
‘‘In this chapter, the terms ‘agency’, ‘agency action’, 
‘rule’, and ‘rule making’ have the meanings given those 
terms in section 551, and the term ‘unfunded mandate’ 
has the meaning given the term ‘Federal mandate’ in sec-
tion 421(6) of the Congressional Budget Act of 1974 (2 
U.S.C. 658(6)).’’. 
(b) TECHNICAL AND CONFORMING AMENDMENT.— 
The table of chapters for part I of title 5, United States 
Code, is amended by inserting after the item relating to 
chapter 5 the following: 
‘‘6. The Analysis of Regulatory Functions .............................................
601
‘‘6A. Office of Information and Regulatory Affairs Publication of In-
formation Relating to Rules ..........................................
651’’. 
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(c) EFFECTIVE DATES.— 
(1) AGENCY MONTHLY SUBMISSION TO THE OF-
FICE
OF
INFORMATION
AND
REGULATORY
AF-
FAIRS.—The first submission required pursuant to 
section 651 of title 5, United States Code, as added 
by subsection (a), shall be submitted not later than 
30 days after the date of the enactment of this Act, 
and monthly thereafter. 
(2) CUMULATIVE
ASSESSMENT
OF
AGENCY 
RULE MAKING.— 
(A) IN GENERAL.—Subsection (b) of sec-
tion 652 of title 5, United States Code, as 
added by subsection (a), shall take effect on the 
date that is 60 days after the date of the enact-
ment of this Act. 
(B) DEADLINE.—The first requirement to 
publish or make available, as the case may be, 
under subsection (b) of section 652 of title 5, 
United States Code, as added by subsection (a), 
shall be the first October 1 after the effective 
date of such subsection. 
(C) FIRST
PUBLICATION.—The require-
ment under section 652(b)(2)(A) of title 5, 
United States Code, as added by subsection (a), 
shall include for the first publication, any anal-
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ysis of the costs or benefits conducted for a 
proposed or final rule, for the 10 years before 
the date of the enactment of this Act. 
(3) REQUIREMENT FOR RULES TO APPEAR IN 
AGENCY-SPECIFIC MONTHLY PUBLICATION.—Section 
653 of title 5, United States Code, as added by sub-
section (a), shall take effect on the date that is 8 
months after the date of the enactment of this Act. 
TITLE 
III—PROVIDING 
AC-
COUNTABILITY 
THROUGH 
TRANSPARENCY 
SEC. 301. SHORT TITLE. 
This title may be cited as the ‘‘Providing Account-
ability Through Transparency Act of 2016’’. 
SEC. 302. REQUIREMENT TO POST A 100 WORD SUMMARY 
TO REGULATIONS.GOV. 
Section 553(b) of title 5, United States Code, is 
amended— 
(1) in paragraph (2) by striking ‘‘; and’’ and in-
serting ‘‘;’’; 
(2) in paragraph (3), by striking the period at 
the end and inserting ‘‘; and’’; and 
(3) by inserting after paragraph (3) the fol-
lowing: 
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‘‘(4) the internet address of a summary of not 
more than 100 words in length of the proposed rule, 
in plain language, that shall be posted on the inter-
net website under section 206(d) of the E-Govern-
ment Act of 2002 (44 U.S.C. 3501 note) (commonly 
known as regulations.gov);’’. 
Passed the House of Representatives January 7, 
2016. 
Attest: 
KAREN L. HAAS, 
Clerk. 
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