Sunshine for Regulatory Decrees and Settlements Act of 2012

Bill: 112-hr-3862
Sponsor: Rep. Quayle, Benjamin [R-AZ-3]
Introduced: 2012-02-01 in the House
Policy area: Government Operations and Politics
Subjects: Administrative law and regulatory procedures
Administrative remedies
Alternative dispute resolution, mediation, arbitration
Government information and archives
Government liability
Judicial procedure and administration
Judicial review and appeals
Legal fees and court costs

Summary:
action_date: 2012-02-01
text: 
Sunshine for Regulatory Decrees and Settlements Act of 2012 - Imposes new requirements upon consent decrees or settlement agreements in any action to compel a federal agency to take regulatory action that is alleged to be unlawfully withheld or unreasonably delayed that affects the rights of private parties other than the plaintiff or the rights of state or local governments. Requires in any such action: (1) publication of the complaint in a readily accessible manner, (2) an opportunity for affected parties to intervene in an action prior to the entry of a consent decree or settlement agreement, (3) referral to a mediation program or a magistrate judge to facilitate settlement discussions after a motion to intervene is granted, (4) opportunity for public comment on a proposed consent decree or settlement agreement before it is filed with a court and public hearings on whether to enter into the consent decree or settlement agreement, and (5) approval by the Attorney General of any proposed consent decree or settlement agreement in cases litigated by the Department of Justice (DOJ). 
 
Allows an agency to file a motion for de novo review of a consent decree in court if such motion alleges that the terms of the decree are no longer fully in the public interest due to the agency's obligations to fulfill other duties or due to changed facts and circumstances. 

action_date: 2012-07-11
text: 
Sunshine for Regulatory Decrees and Settlements Act of 2012

 - (Sec. 2) States that the provisions of this Act shall apply to: (1) a consent decree or settlement agreement in an action to compel agency action alleged to be unlawfully withheld or unreasonably delayed that pertains to a regulatory action that affects the rights of private parties other than the plaintiff or the rights of state, local, or tribal governments brought under judicial review provisions of the U.S. Code or under any other statute authorizing 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 private parties other than the plaintiff or the rights of state, local, or tribal governments.
 
Sets forth requirements with respect to actions to be resolved by a consent decree or settlement agreement under this Act, including requiring: (1) publication in a readily accessible manner (including electronically) of the complaint, the consent decree or settlement agreement, the statutory basis for the decree or agreement and its terms, and any award of attorneys' fees or costs; (2) an opportunity for affected parties to intervene in an action prior to the entry of a consent decree or settlement agreement; (3) referral to a mediation or alternative dispute resolution program after a motion to intervene is granted; (4) an opportunity for public comment on a proposed consent decree or settlement agreement before it is filed with a court; and (5) approval by the Attorney General of any proposed consent decree or settlement agreement in cases litigated by the Department of Justice (DOJ). 
 
Requires each agency to submit an annual report to Congress on the number, identity, and content of complaints, consent decrees, and settlement agreements for that year, including the statutory basis for each decree or agreement and its terms, and any awards of attorneys fees or costs in actions resolved by decrees or agreements. 
 
(Sec. 3) Requires a court to grant de novo review to any motion filed by an agency to modify a previously-entered consent decree if the basis of such motion is that the terms of the decree are no longer fully in the public interest due to the agency's obligations to fulfill other duties or due to changed facts and circumstances.
 
(Sec. 4) Makes the provisions of this Act applicable to any covered consent decree or settlement agreement proposed to a court after the enactment of this Act. 


Legislative actions:
action_date: 2012-07-11
text: Placed on the Union Calendar, Calendar No. 428.
action_date: 2012-07-11
text: Reported (Amended) by the Committee on Judiciary. H. Rept. 112-593.
action_date: 2012-07-11
text: Reported (Amended) by the Committee on Judiciary. H. Rept. 112-593.
action_date: 2012-03-27
text: Ordered to be Reported (Amended) by the Yeas and Nays: 20 - 10.
action_date: 2012-03-27
text: Committee Consideration and Mark-up Session Held.
action_date: 2012-03-20
text: Committee Consideration and Mark-up Session Held.
action_date: 2012-03-15
text: Subcommittee on Courts, Commercial and Administrative Law Discharged.
action_date: 2012-02-03
text: Subcommittee Hearings Held.
action_date: 2012-02-02
text: Referred to the Subcommittee on Courts, Commercial and Administrative Law.
action_date: 2012-02-01
text: Referred to the House Committee on the Judiciary.
action_date: 2012-02-01
text: Introduced in House
action_date: 2012-02-01
text: Introduced in House