I 
113TH CONGRESS 
1ST SESSION H. R. 1493 
To impose certain limitations on consent decrees and settlement agreements 
by agencies that require the agencies to take regulatory action in accord-
ance with the terms thereof, and for other purposes. 
IN THE HOUSE OF REPRESENTATIVES 
APRIL 11, 2013 
Mr. COLLINS of Georgia (for himself, Mr. WESTMORELAND, Mr. FRANKS of 
Arizona, Mr. BISHOP of Utah, Mr. CRAMER, Mr. HOLDING, Mrs. 
ELLMERS, Mr. YOHO, Mr. STUTZMAN, Mr. SOUTHERLAND, Mr. PERRY, 
Mr. BACHUS, Mr. COBLE, Mr. GARDNER, Mr. GRAVES of Georgia, Mr. 
MEADOWS, Mr. GOWDY, Mr. GOHMERT, Mr. BENTIVOLIO, Mr. 
WENSTRUP, Mr. PRICE of Georgia, Mr. GINGREY of Georgia, Mr. BROUN 
of Georgia, Mr. DAINES, and Mr. KINGSTON) introduced the following 
bill; which was referred to the Committee on the Judiciary 
A BILL 
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, 
SECTION 1. SHORT TITLE. 
This Act may be cited as the ‘‘Sunshine for Regu-
latory Decrees and Settlements Act of 2013’’. 
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(B) any other consent decree 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; 
(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. 3. 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 
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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 
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. 
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(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 
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. 
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(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 
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-
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plaint in the applicable civil action or addressed 
or affected by the proposed covered consent de-
cree or settlement agreement. 
(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 
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(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-
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 
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(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.— 
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