II 117th CONGRESS 1st Session S. 3378 IN THE SENATE OF THE UNITED STATES December 13, 2021 Mr. Scott of Florida (for himself, Mr. Toomey , Mr. Cassidy , Mr. Rounds , Mr. Hagerty , Mr. Braun , and Mr. Lankford ) introduced the following bill; which was read twice and referred to the Committee on Homeland Security and Governmental Affairs A BILL To require agencies to submit certain settlement agreements to Congress, to allow Congress to disapprove of those settlement agreements, and for other purposes.

1. Short title This Act may be cited as the Congressional Review of Agency Legal Settlements Act of 2021 . 2. Definitions In this Act: (1) Agency The term agency has the meaning given the term in section 551 of title 5, United States Code. (2) Agency rule The term agency rule means— (A) a substantive rule of general applicability of an agency; (B) a statement of general policy of an agency; or (C) an interpretation of general applicability formulated and adopted by an agency pursuant to relevant law. (3) Covered settlement agreement The term covered settlement agreement means a proposed voluntary compromise settlement to be entered into by an agency to resolve 1 or more pending legal claims against the United States that includes— (A) a financial award paid by the agency that is more than $10,000,000, aggregated across all similarly situated cases or legal claims against the agency; or (B) an agreement to modify or alter an agency rule of the agency. (4) End of session period The term end of session period means the period— (A) beginning on the date occurring, in the case of the Senate, 60 session days, or in the case of the House of Representatives, 60 legislative days before the date the Congress adjourns a session of Congress; and (B) ending on the date on which the same or succeeding Congress first convenes its next session. (5) Joint resolution of disapproval The term joint resolution of disapproval means a joint resolution— (A) introduced during the period beginning on the submission date and ending 60 days thereafter (excluding days either House of Congress is adjourned for more than 3 days during a session of Congress); and (B) the matter after the resolving clause of which is as follows: (i) For covered settlement agreements involving a financial award: That Congress finds that the settlement agreement proposed by the ___ relating to ___ is an unauthorized use of amounts appropriated by Congress, and the ___ may not enter into the settlement agreement using amounts appropriated by Congress. (The blank spaces being appropriately filled in). (ii) For covered settlement agreements involving a modification or alteration of an agency rule: That Congress disapproves modification or alteration of the agency rule within the settlement agreement proposed by the ___ relating to ___, and such modification or alteration of the agency rule shall have no force or effect. (The blank spaces being appropriately filled in). (6) Submission date The term submission date means the date on which a report submitted by an agency under section 3(a) is received by Congress. 3. Congressional review of certain agency settlement agreements (a) In general Before an agency may enter into a covered settlement agreement, the agency shall submit to Congress a report that includes— (1) information relating to each legal claim resolved by the covered settlement agreement; (2) the terms of the covered settlement agreement; (3) the class of claimants covered by the covered settlement agreement; (4) the total amount of the financial award to be paid under the covered settlement agreement; (5) the factual and legal basis for calculating the amount described in paragraph (4); (6) the factual and legal basis for modifying or altering each agency rule of the agency modified or altered under the covered settlement agreement; and (7) whether each modification or alteration of an agency rule described in paragraph (6) will require the agency to initiate rulemaking proceedings under section 553 of title 5, United States Code and the date those rulemaking proceedings will commence. (b) Receipt by Congress Upon receipt of a report from an agency under subsection (a), each House shall provide a copy of the report to the chairman and ranking member of the standing committee with jurisdiction over the agency and the operating budget of the agency. (c) Joint resolution Not later than 60 days after the date on which Congress receives a report under subsection (a), Congress may pass a joint resolution of disapproval of the covered settlement agreement that is the subject of the report in accordance with section 4. (d) Effect of joint resolution If Congress passes a joint resolution of disapproval relating to a covered settlement agreement in accordance with section 4, the agency may not— (1) pay a financial award under the covered settlement agreement using amounts otherwise appropriated by Congress; or (2) modify or alter an agency rule of the agency under the covered settlement agreement without complying with the rulemaking requirements under section 553 of title 5, United States Code. (e) Waiting period Subject to subsection (f), an agency may enter into a covered settlement agreement as otherwise provided by law if, on the date that is 60 days after the submission date, Congress has not passed a joint resolution of disapproval relating to the covered settlement agreement. (f) End of session submission In addition to the opportunity for Congress to review a covered settlement agreement as otherwise provided under this Act, in the case of any covered settlement agreement for which a report is submitted in accordance with subsection (a) during an end of session period— (1) section 4 shall apply to the covered settlement agreement in the succeeding session of Congress; and (2) in applying section 4 for purposes of such additional review, the covered settlement agreement shall be treated as though a report on such covered settlement agreement were submitted to Congress under subsection (a) on, with respect to the date on which the succeeding session of Congress first convenes— (A) in the case of the Senate, the 15th session day after that date; or (B) in the case of the House of Representatives, the 15th legislative day after that date. 4. Expedited procedure for joint resolutions of disapproval (a) Referral A joint resolution shall be referred to the committees in each House of Congress with jurisdiction. (b) Discharge from committee In the Senate, if the committee to which a joint resolution of disapproval is referred under subsection (a) has not reported the joint resolution of disapproval (or an identical joint resolution of disapproval) at the end of 20 calendar days after the submission date, the committee may be discharged from further consideration of the joint resolution of disapproval upon a petition supported in writing by 30 Members of the Senate, and such joint resolution of disapproval shall be placed on the calendar. (c) Procedure (1) In general In the Senate, when the committee to which a joint resolution of disapproval is referred has reported, or when a committee is discharged (under subsection (b)) from further consideration of a joint resolution of disapproval, it is at any time thereafter in order (even though a previous motion to the same effect has been disagreed to) for a motion to proceed to the consideration of the joint resolution of disapproval, and all points of order against the joint resolution of disapproval (and against consideration of the joint resolution of disapproval) are waived. The motion is not subject to amendment, or to a motion to postpone, or to a motion to proceed to the consideration of other business. A motion to reconsider the vote by which the motion is agreed to or disagreed to shall not be in order. If a motion to proceed to the consideration of the joint resolution of disapproval is agreed to, the joint resolution of disapproval shall remain the unfinished business of the Senate until disposed of. (2) Debate limitation In the Senate, debate on the joint resolution of disapproval, and on all debatable motions and appeals in connection therewith, shall be limited to not more than 10 hours, which shall be divided equally between those favoring and those opposing the joint resolution of disapproval. A motion further to limit debate is in order and not debatable. An amendment to, or a motion to postpone, or a motion to proceed to the consideration of other business, or a motion to recommit the joint resolution of disapproval is not in order. (3) Vote on final passage In the Senate, immediately following the conclusion of the debate on a joint resolution of disapproval, and a single quorum call at the conclusion of the debate if requested in accordance with the rules of the Senate, the vote on final passage of the joint resolution of disapproval shall occur. (4) Appeals Appeals from the decisions of the Chair relating to the application of the rules of the Senate to the procedure relating to a joint resolution of disapproval shall be decided without debate. (d) Limitation In the Senate, the procedure described in subsection (b) or (c) shall not apply to the consideration of a joint resolution of disapproval— (1) after the expiration of the 60 session days beginning with the applicable submission date; or (2) if the report described in section 3(a) was submitted during an end of session period, after the expiration of the 60 session days beginning on the 15th session day after the succeeding session of Congress first convenes. (e) Effect of passage in one House If, before the passage by one House of a joint resolution of disapproval of that House, that House receives from the other House a joint resolution of disapproval, then the following procedures shall apply: (1) The joint resolution of disapproval of the other House shall not be referred to a committee. (2) With respect to a joint resolution of disapproval of the House receiving the joint resolution of disapproval— (A) the procedure in that House shall be the same as if no joint resolution of disapproval had been received from the other House; but (B) the vote on final passage shall be on the joint resolution of disapproval of the other House. (f) Rule of construction This section is enacted by Congress— (1) as an exercise of the rulemaking power of the Senate and House of Representatives, respectively, and, as such, it is deemed a part of the rules of each House, respectively, but applicable only with respect to the procedure to be followed in that House in the case of a joint resolution of disapproval, and it supersedes other rules only to the extent that it is inconsistent with such rules; and (2) with full recognition of the constitutional right of either House to change the rules (so far as relating to the procedure of that House) at any time, in the same manner, and to the same extent as in the case of any other rule of that House.