I 
112TH CONGRESS 
2D SESSION 
H. R. 3862 
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 
FEBRUARY 1, 2012 
Mr. QUAYLE (for himself, Mr. COBLE, and Mr. ROSS of Florida) 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 2012’’. 
SEC. 2. CONSENT DECREE AND SETTLEMENT REFORM. 
(a) APPLICATION.—The provisions of this section 
apply in the case of— 
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(1) a consent decree or settlement agreement in 
an action to compel agency action alleged to be un-
lawfully withheld or unreasonably delayed that per-
tains to a regulatory action that affects the rights of 
private parties other than the plaintiff or the rights 
of State or local governments— 
(A) brought under chapter 7 of title 5, 
United States Code; or 
(B) brought under any other statute au-
thorizing such an action; and 
(2) any other consent decree or settlement 
agreement that requires agency action that pertains 
to a regulatory action that affects the rights of pri-
vate parties other than the plaintiff or the rights of 
State or local governments. 
(b) IN GENERAL.—In the case of an action to be re-
solved by a consent decree or a settlement agreement de-
scribed in paragraph (1), the following shall apply: 
(1) The complaint in the action, the consent de-
cree or settlement agreement, and any award of at-
torneys’ fees or costs shall be published, including 
electronically, in a readily accessible manner. 
(2) Until the conclusion of an opportunity for 
affected parties to intervene in the action, a party 
may not file with the court a motion for a consent 
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decree or to dismiss the case pursuant to a settle-
ment agreement. 
(3) In considering a motion to intervene by any 
party that would be affected by the agency action in 
dispute, the court shall presume, subject to rebuttal, 
that the interests of that party would not be rep-
resented adequately by the current parties to the ac-
tion. 
(4) If the court grants a motion to intervene in 
the action, the court shall refer the action to its me-
diation program or a magistrate judge to facilitate 
settlement discussions, which shall include the plain-
tiff, the defendant agency, and the intervenors. 
(5) The defendant agency shall publish any pro-
posed consent decree or settlement agreement for 
public comment before filing it with the court, allow-
ing comment on any issue related to the matters al-
leged in the complaint or addressed or affected by 
the consent decree or settlement agreement. 
(6) The defendant agency shall— 
(A) respond to public comments received 
under paragraph (5); and 
(B) when moving that the court enter the 
consent decree or for dismissal pursuant to the 
settlement agreement— 
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