Sunshine for Regulations and Regulatory Decrees and Settlements Act of 2016

Bill: 114-hr-712
Sponsor: full_name: Rep. Collins, Doug [R-GA-9]
Introduced: 2015-02-04
Policy area: Government Operations and Politics
Subjects: Administrative law and regulatory procedures

Administrative remedies

Alternative dispute resolution, mediation, arbitration

Civil actions and liability

Government information and archives

Government liability

Judicial procedure and administration

Judicial review and appeals

Legal fees and court costs
Latest action: action_date: 2016-01-11
text: Received in the Senate and Read twice and referred to the Committee on the Judiciary.

Summaries:
action_date: 2015-02-04
action_desc: Introduced in House
text: <p><strong>Sunshine for Regulatory Decrees and Settlements Act of 2015&nbsp;</strong></p> <p>Defines a "covered civil action" as a civil action seeking to compel agency action and alleging that an agency is unlawfully withholding or unreasonably delaying an agency action relating to a regulatory action that would affect: (1) the rights of private persons other than the person bringing the action; or (2) a state, local, or tribal government. Defines a "covered consent decree" or a "covered settlement agreement" as: (1) a consent decree or settlement agreement entered into a covered civil action, and (2) any other consent decree or settlement agreement that requires agency action relating to such a regulatory action that affects the rights of such persons or governments. </p> <p>Requires an agency against which a covered civil action is brought to publish the notice of intent to sue and the complaint in a readily accessible manner, including by making such notice and complaint available online not later than 15 days after receiving service of such notice or complaint</p> <p>Requires an agency seeking to enter a covered consent decree or settlement agreement to publish such decree or agreement in the Federal Register and online not later than 60 days before it is filed with the court. Provides for public comment and public hearings on such decree or agreement.</p> <p>Requires the Attorney General or an agency head, if an agency is litigating a matter independently, to certify to the court that the Attorney General or the agency head approves of: (1) any proposed covered consent decree that includes terms that convert into a nondiscretionary duty a discretionary authority of an agency to propose, promulgate, revise, or amend regulations, commit an agency to expend funds that have not been appropriated and budgeted or to seek a particular appropriation or budget authorization, divest an agency of discretion committed to it by statute or the Constitution, or otherwise afford any relief that the court could not enter under its own authority; or (2) any proposed covered settlement agreement that includes terms that provide a remedy for a failure by the agency to comply with the terms of the agreement other than the revival of the civil action resolved by the agreement, interfere with the authority of an agency to revise, amend, or issue rules, or commit the agency to expend funds that have not been appropriated and budgeted or to exercise in a particular way discretion which was committed to the agency by statute or the Constitution. </p> <p>Requires a court to grant de novo review of a covered consent decree or settlement agreement if an agency files a motion to modify such decree or agreement on the basis that its terms 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.</p>

action_date: 2015-06-25
action_desc: Reported to House without amendment
text: <p>(This measure has not been amended since it was introduced. The summary has been expanded because action occurred on the measure.)</p> <p><strong>Sunshine for Regulatory Decrees and Settlements Act of 2015&nbsp;</strong></p> <p>(Sec. 2) Defines a "covered civil action" as a civil action seeking to compel agency action and alleging that an agency is unlawfully withholding or unreasonably delaying an agency action relating to a regulatory action that would affect: (1) the rights of private persons other than the person bringing the action; or (2) a state, local, or tribal government. Defines a "covered consent decree" or a "covered settlement agreement" as: (1) a consent decree or settlement agreement entered into in a covered civil action, and (2) any other consent decree or settlement agreement that requires agency action relating to such a regulatory action that affects the rights of such persons or a state, local, or tribal government. </p> <p>(Sec. 3) Requires an agency against which a covered civil action is brought to publish the notice of intent to sue and the complaint in a readily accessible manner, including by making such notice and complaint available online not later than 15 days after receiving service of such notice or complaint. Allows parties affected by agency actions to intervene in any covered civil action and sets forth procedures and requirements for a court in considering a motion to intervene.</p> <p>Requires an agency seeking to enter a covered consent decree or settlement agreement to publish such decree or agreement in the Federal Register and online not later than 60 days before it is filed with the court. Provides for public comment and public hearings on such decree or agreement.</p> <p>Requires the Department of Justice (DOJ) or an agency head, if an agency is litigating a matter independently, to certify to the court that DOJ or the agency head approves of: (1) any proposed covered consent decree that includes terms that convert into a nondiscretionary duty a discretionary authority of an agency to propose, promulgate, revise, or amend regulations, commit an agency to expend funds that have not been appropriated and budgeted or to seek a particular appropriation or budget authorization, divest an agency of discretion committed to it by statute or the Constitution, or otherwise afford any relief that the court could not enter under its own authority; or (2) any proposed covered settlement agreement that includes terms that provide a remedy for a failure by the agency to comply with the terms of the agreement other than the revival of the civil action resolved by the agreement, interferes with the authority of an agency to revise, amend, or issue rules, or commits the agency to expend funds that have not been appropriated and budgeted or to exercise in a particular way discretion which was committed to the agency by statute or the Constitution. </p> <p>Requires each agency to submit to Congress an annual report that includes: (1) the number, identity, and content of covered civil actions brought against, and covered consent decrees or settlement agreements entered against or into by, the agency; and (2) any award of attorneys fees or costs in a civil action resolved by a covered consent decree or settlement agreement entered against or into by the agency. </p> <p>(Sec. 4) Requires a court to grant de novo review of a covered consent decree or settlement agreement if an agency files a motion to modify such decree or agreement on the basis that its terms 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.</p> <p>(Sec. 5) Makes this Act applicable to: (1) any covered civil action filed on or after this Act's enactment date, and (2) any covered consent decree or settlement agreement proposed to a court on or after such date.</p>

action_date: 2016-01-07
action_desc: Passed House amended
text: <p><strong>Sunshine for Regulations and Regulatory Decrees and Settlements Act of 2016</strong></p> <p>TITLE I--SUNSHINE FOR REGULATORY DECREES AND SETTLEMENTS</p> <p><em>Sunshine for Regulations and Regulatory Decrees and Settlements Act of 2016</em></p> <p>(Sec. 102) This Act defines: (1) &quot;covered civil action&quot; as a civil action seeking to compel agency action and alleging that an agency is unlawfully withholding or unreasonably delaying an agency action relating to a regulatory action that would affect the rights of private persons other than the person bringing the action or a state, local, or tribal government; and (2) &quot;covered consent decree&quot; or &quot;covered settlement agreement&quot; as a consent decree or settlement agreement entered into in a covered civil action and any other consent decree or settlement agreement that requires agency action relating to a regulatory action that affects the rights of private persons other than the person bringing the action or a state, local, or tribal government. </p> <p>(Sec. 103) An agency against which a covered civil action is brought must publish the notice of intent to sue and the complaint in a readily accessible manner, including by making such notice and complaint available online not later than 15 days after receiving service of such notice or complaint.</p> <p>The opportunity for affected parties to intervene in a covered civil action must conclude before a covered consent decree or settlement agreement may be entered by a court. </p> <p>The Act sets forth factors that a court must be consider in granting 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. If the court grants intervention, it must conduct mediation or arbitration to settle a covered civil action and include any party that intervenes in the action. </p> <p>The agency seeking to enter a covered consent decree or settlement agreement shall publish online and in the Federal Register, not later than 60 days before it is filed with the court, the proposed covered consent decree or settlement agreement and a statement providing the statutory basis for the decree or agreement and a description of its terms. The agency shall accept public comments during that period and may hold public hearings on whether to enter into a proposed covered consent decree or settlement agreement. </p> <p>The Department of Justice (DOJ) or an agency head, if an agency is litigating a matter independently, must certify to the court that DOJ or the agency head approves of: (1) any proposed covered consent decree that includes terms that convert into a nondiscretionary duty a discretionary authority of an agency to propose, promulgate, revise, or amend regulations, that commit an agency to expend funds that have not been appropriated and budgeted or to seek a particular appropriation or budget authorization, that divest an agency of discretion committed to it by statute or the Constitution, or that otherwise afford any relief that the court could not enter under its own authority; or (2) any proposed covered settlement agreement that includes terms that provide a remedy for a failure by the agency to comply with the terms of the agreement other than the revival of the civil action resolved by the agreement, that interfere with the authority of an agency to revise, amend, or issue rules, or that commit the agency to expend funds that have not been appropriated and budgeted or to exercise in a particular way discretion which was committed to the agency by statute or the Constitution.</p> <p>A court considering a covered consent decree or settlement agreement must adopt a rebuttable presumption favoring participation of parties as amicus curiae and must ensure that a decree or agreement allows sufficient time and incorporates adequate procedures for agencies to comply with requirements of the Administrative Procedure Act and other applicable statutes that govern rulemaking and, unless contrary to the public interest, any executive order that governs rulemaking. </p> <p>Each agency must submit to Congress an annual report that includes: (1) the number, identity, and content of covered civil actions brought against, and covered consent decrees or settlement agreements entered against or into by, the agency; and (2) any award of attorneys fees or costs in a civil action resolved by a covered consent decree or settlement agreement entered against or into by the agency. </p> <p>(Sec. 104) A court must grant de novo review of a covered consent decree or settlement agreement if an agency files a motion to modify such decree or agreement on the basis that its terms 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.</p> <p>(Sec. 105) This Act is applicable to: (1) any covered civil action filed on or after its enactment date, and (2) any covered consent decree or settlement agreement proposed to a court on or after such date.</p> <p>TITLE II--ALL ECONOMIC REGULATIONS ARE TRANSPARENT</p> <p><em>All Economic Regulations are Transparent Act of 2016 or the ALERT Act of 2016</em></p> <p>(Sec. 202) This Act requires each federal agency to submit a monthly report to the Office of Information and Regulatory Affairs (OIRA) of the Office of Management and Budget (OMB) for each rule such agency expects to propose or finalize during the following year. Such reports shall include: (1) a summary of the nature of the rule, including the regulation identifier and docket number for the rule; (2) the objectives of and legal basis for issuance of the rule; (3) the stage of the rulemaking as of the date of submission; and (4) whether the rule is subject to periodic review as a rule with a significant economic impact. </p> <p>Each agency must submit a monthly report for any rule expected to be finalized during the following year for which the agency has issued a general notice of proposed rulemaking. Such reports must include an approximate schedule for completing action on the rule and an estimate of its cost and economic effects, including the imposition of unfunded mandates and impact on job creation. OIRA must make such monthly reports publicly available on the Internet.</p> <p>OIRA must publish in the Federal Register, not later than October 1 of each year: (1) information that OIRA receives from each agency; (2) the number of rules and a list of each such rule that was proposed by each agency and each rule that was finalized by each agency; (3) the number of agency actions that repealed a rule, reduced the scope or cost of a rule, or accelerated the expiration date of a rule; (4) the total cost of all rules proposed or finalized; (5) the total costs of any unfunded mandates imposed by such rules; and (6) the number of rules for which an estimate of the cost of the rule was not available. </p> <p>OIRA must make publicly available on the Internet, not later than October 1 of each year: (1) the analysis of the costs or benefits of each proposed or final rule issued by an agency for the previous year, (2) the docket number and regulation identifier number for each such rule, (3) the number of rules reviewed by OMB for the previous year, (4) the number of rules for which a review by the head of an agency was completed, (5) the number of rules submitted to the Government Accountability Office, and (6) the number of rules for which a resolution of disapproval was introduced in Congress. </p> <p>A rule may not take effect until the information required by this Act is posted on the Internet for not less than six months, unless the agency proposing the rule seeks an exemption under the Freedom of Information Act or the President determines by executive order that such rule is necessary: (1) because of an imminent threat to health or safety or other emergency, (2) for the enforcement of criminal laws, (3) for national security, or (4) to implement an international trade agreement. This requirement is effective eight months after the enactment date of this Act. </p> <p>TITLE III--PROVIDING ACCOUNTABILITY THROUGH TRANSPARENCY</p> <p><em>Providing Accountability Through Transparency Act of 2016</em></p> <p>(Sec. 302) This Act requires the general notice of proposed rule making by a federal agency to include the Internet address of a plain-language summary, not exceeding 100 words, of the proposed rule, which shall be posted on the regulations.gov website.</p>

tv_txt: I 114th CONGRESS 1st Session H. R. 712 IN THE HOUSE OF REPRESENTATIVES February 4, 2015 Mr. Collins of Georgia (for himself, Mr. Yoho , Mr. Latta , Mr. Farenthold , Mrs. Ellmers , Mr. Marino , Mr. Goodlatte , Mr. Smith of Texas , Mr. Chabot , and Mr. Trott ) introduced the following bill; which was referred to the Committee on the Judiciary A BILL To impose certain limitations on consent decrees and settlement agreements by agencies that require the agencies to take regulatory action in accordance with the terms thereof, and for other purposes.

1. Short title This Act may be cited as the Sunshine for Regulatory Decrees and Settlements Act of 2015 . 2. Definitions In this Act— (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 person bringing the action; or (ii) a State, local, or tribal government; 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 covered civil action; and (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 person bringing the action; or (ii) a State, local, or tribal government; (4) the term covered consent decree or settlement 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 person bringing the action; or (ii) a State, local, or tribal government. 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 brought shall publish the notice of intent to sue and the complaint in a readily accessible manner, including 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 settlement agreement until after the end of proceedings in accordance with paragraph (1) and subparagraphs (A) and (B) of paragraph (2) of subsection (d) or subsection (d)(3)(A), whichever is later. (b) Intervention (1) Rebuttable presumption In considering 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 governments In considering 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 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 provisions 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 relates. (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 action. (d) Publication of and comment on covered consent decrees or settlement agreements (1) In general Not later than 60 days before the date on which a covered consent decree or settlement agreement is filed with a court, the agency 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 agreement, 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 complaint in the applicable civil action or addressed or affected by the proposed covered consent decree or settlement agreement. (B) Response to comments An agency shall respond to any comment received under subparagraph (A). (C) Submissions to court When moving that the court enter a proposed covered consent decree or settlement agreement or for dismissal 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 decree 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 action the certified index of the administrative record submitted by an agency under subparagraph (C)(iii) and any documents listed in the index which any party or amicus curiae appearing 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 summary of the proceedings; (II) submit to the court a certified index of the hearing record; and (III) provide access to the hearing record to the court; and (ii) the full hearing record shall be included in the court record. (4) Mandatory deadlines If a proposed covered consent decree or settlement agreement requires an agency action by a date certain, the agency shall, when moving for entry of the covered consent 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 address; (B) how the covered consent decree or settlement agreement, if approved, would affect the discharge of the duties described in subparagraph (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 contains a term described in paragraph (2), the Attorney General or, if the matter is being litigated independently 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 covered consent decree or settlement agreement. The Attorney General or head of the agency shall personally sign any certification submitted under this paragraph. (2) Terms A term described in this paragraph 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 regulatory action in question; (iii) commits an agency to seek a particular appropriation or budget authorization; (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 circumstances, to make policy or managerial choices, or to protect the rights of third parties; or (v) otherwise affords relief that the court could not enter under its own authority 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 failure by the agency to comply with the terms of the covered settlement agreement other than the revival of the civil action resolved by the covered settlement agreement; 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 rulemaking procedures for a rulemaking that is the subject of the covered settlement agreement; (II) commits the agency to expend funds that have not been appropriated and that have not been budgeted for the regulatory action in question; or (III) for such a covered settlement 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 policy or managerial choices, or to protect 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 person who filed public comments or participated in a public hearing on the covered consent decree or settlement agreement under paragraph (2) or (3) of subsection (d). (2) Review of deadlines (A) Proposed covered consent decrees For a proposed covered consent decree, a court shall not approve the covered consent 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 rulemaking and, unless contrary to the public interest, the provisions of any Executive order that governs rulemaking. (B) Proposed covered settlement agreements For a proposed covered settlement 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 statutes that govern rulemaking and, unless contrary 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— (1) the number, identity, and content of covered civil actions brought against and covered consent decrees 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 settlement 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 decree or settlement agreement entered against or into by the agency. 4. Motions to modify consent decrees If an agency moves a court to modify a covered consent 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 interest 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 decree or settlement agreement de novo. 5. Effective date This Act shall apply to— (1) any covered civil action filed on or after the date of enactment of this Act; and (2) any covered consent decree or settlement agreement proposed to a court on or after the date of enactment of this Act.

tv_txt: IB Union Calendar No. 136 114th CONGRESS 1st Session H. R. 712 [Report No. 114–184] IN THE HOUSE OF REPRESENTATIVES February 4, 2015 Mr. Collins of Georgia (for himself, Mr. Yoho , Mr. Latta , Mr. Farenthold , Mrs. Ellmers , Mr. Marino , Mr. Goodlatte , Mr. Smith of Texas , Mr. Chabot , and Mr. Trott ) introduced the following bill; which was referred to the Committee on the Judiciary June 25, 2015 Additional sponsors: Mr. Huelskamp , Mr. Barr , Mr. Carter of Georgia , Mr. Cramer , Mrs. Hartzler , Mr. Gohmert , Mr. Gosar , Mr. Tipton , Mr. Pearce , Mr. Stewart , Mr. Crawford , Mr. Rouzer , and Mr. Babin June 25, 2015 Committed to the Committee of the Whole House on the State of the Union and ordered to be printed A BILL To impose certain limitations on consent decrees and settlement agreements by agencies that require the agencies to take regulatory action in accordance with the terms thereof, and for other purposes.

1. Short title This Act may be cited as the Sunshine for Regulatory Decrees and Settlements Act of 2015 . 2. Definitions In this Act— (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 person bringing the action; or (ii) a State, local, or tribal government; 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 covered civil action; and (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 person bringing the action; or (ii) a State, local, or tribal government; (4) the term covered consent decree or settlement 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 person bringing the action; or (ii) a State, local, or tribal government. 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 brought shall publish the notice of intent to sue and the complaint in a readily accessible manner, including 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 settlement agreement until after the end of proceedings in accordance with paragraph (1) and subparagraphs (A) and (B) of paragraph (2) of subsection (d) or subsection (d)(3)(A), whichever is later. (b) Intervention (1) Rebuttable presumption In considering 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 governments In considering 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 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 provisions 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 relates. (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 action. (d) Publication of and comment on covered consent decrees or settlement agreements (1) In general Not later than 60 days before the date on which a covered consent decree or settlement agreement is filed with a court, the agency 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 agreement, 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 complaint in the applicable civil action or addressed or affected by the proposed covered consent decree or settlement agreement. (B) Response to comments An agency shall respond to any comment received under subparagraph (A). (C) Submissions to court When moving that the court enter a proposed covered consent decree or settlement agreement or for dismissal 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 decree 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 action the certified index of the administrative record submitted by an agency under subparagraph (C)(iii) and any documents listed in the index which any party or amicus curiae appearing 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 summary of the proceedings; (II) submit to the court a certified index of the hearing record; and (III) provide access to the hearing record to the court; and (ii) the full hearing record shall be included in the court record. (4) Mandatory deadlines If a proposed covered consent decree or settlement agreement requires an agency action by a date certain, the agency shall, when moving for entry of the covered consent 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 address; (B) how the covered consent decree or settlement agreement, if approved, would affect the discharge of the duties described in subparagraph (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 contains a term described in paragraph (2), the Attorney General or, if the matter is being litigated independently 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 covered consent decree or settlement agreement. The Attorney General or head of the agency shall personally sign any certification submitted under this paragraph. (2) Terms A term described in this paragraph 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 regulatory action in question; (iii) commits an agency to seek a particular appropriation or budget authorization; (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 circumstances, to make policy or managerial choices, or to protect the rights of third parties; or (v) otherwise affords relief that the court could not enter under its own authority 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 failure by the agency to comply with the terms of the covered settlement agreement other than the revival of the civil action resolved by the covered settlement agreement; 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 rulemaking procedures for a rulemaking that is the subject of the covered settlement agreement; (II) commits the agency to expend funds that have not been appropriated and that have not been budgeted for the regulatory action in question; or (III) for such a covered settlement 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 policy or managerial choices, or to protect 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 person who filed public comments or participated in a public hearing on the covered consent decree or settlement agreement under paragraph (2) or (3) of subsection (d). (2) Review of deadlines (A) Proposed covered consent decrees For a proposed covered consent decree, a court shall not approve the covered consent 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 rulemaking and, unless contrary to the public interest, the provisions of any Executive order that governs rulemaking. (B) Proposed covered settlement agreements For a proposed covered settlement 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 statutes that govern rulemaking and, unless contrary 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— (1) the number, identity, and content of covered civil actions brought against and covered consent decrees 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 settlement 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 decree or settlement agreement entered against or into by the agency. 4. Motions to modify consent decrees If an agency moves a court to modify a covered consent 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 interest 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 decree or settlement agreement de novo. 5. Effective date This Act shall apply to— (1) any covered civil action filed on or after the date of enactment of this Act; and (2) any covered consent decree or settlement agreement proposed to a court on or after the date of enactment of this Act.

June 25, 2015 Committed to the Committee of the Whole House on the State of the Union and ordered to be printed

tv_txt: I 114th CONGRESS 2d Session H. R. 712 IN THE HOUSE OF REPRESENTATIVES AN ACT To impose certain limitations on consent decrees and settlement agreements by agencies that require the agencies to take regulatory action in accordance with the terms thereof, and for other purposes.

1. Short title This Act may be cited as the Sunshine for Regulations and Regulatory Decrees and Settlements Act of 2016 . 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 information 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. I Sunshine for Regulatory Decrees and Settlements 101. Short title This title may be cited as the Sunshine for Regulations and Regulatory Decrees and Settlements Act of 2016 . 102. Definitions In this title— (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 person bringing the action; or (ii) a State, local, or tribal government; 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 covered civil action; and (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 person bringing the action; or (ii) a State, local, or tribal government; (4) the term covered consent decree or settlement 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 person bringing the action; or (ii) a State, local, or tribal government. 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, including 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 settlement agreement until after the end of proceedings in accordance with paragraph (1) and subparagraphs (A) and (B) of paragraph (2) of subsection (d) or subsection (d)(3)(A), whichever is later. (b) Intervention (1) Rebuttable presumption In considering 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 governments In considering 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 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 provisions 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 relates. (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 action. (d) Publication of and comment on covered consent decrees or settlement agreements (1) In general Not later than 60 days before the date on which a covered consent decree or settlement agreement is filed with a court, the agency 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 agreement, 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 complaint in the applicable civil action or addressed or affected by the proposed covered consent decree or settlement agreement. (B) Response to comments An agency shall respond to any comment received under subparagraph (A). (C) Submissions to court When moving that the court enter a proposed covered consent decree or settlement agreement or for dismissal 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 decree 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 action the certified index of the administrative record submitted by an agency under subparagraph (C)(iii) and any documents listed in the index which any party or amicus curiae appearing 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 summary of the proceedings; (II) submit to the court a certified index of the hearing record; and (III) provide access to the hearing record to the court; and (ii) the full hearing record shall be included in the court record. (4) Mandatory deadlines If a proposed covered consent decree or settlement agreement requires an agency action by a date certain, the agency shall, when moving for entry of the covered consent 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 address; (B) how the covered consent decree or settlement agreement, if approved, would affect the discharge of the duties described in subparagraph (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 contains a term described in paragraph (2), the Attorney General or, if the matter is being litigated independently 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 covered consent decree or settlement agreement. The Attorney General or head of the agency shall personally sign any certification submitted under this paragraph. (2) Terms A term described in this paragraph 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 regulatory action in question; (iii) commits an agency to seek a particular appropriation or budget authorization; (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 circumstances, to make policy or managerial choices, or to protect the rights of third parties; or (v) otherwise affords relief that the court could not enter under its own authority 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 failure by the agency to comply with the terms of the covered settlement agreement other than the revival of the civil action resolved by the covered settlement agreement; 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 rulemaking procedures for a rulemaking that is the subject of the covered settlement agreement; (II) commits the agency to expend funds that have not been appropriated and that have not been budgeted for the regulatory action in question; or (III) for such a covered settlement 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 policy or managerial choices, or to protect 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 person who filed public comments or participated in a public hearing on the covered consent decree or settlement agreement under paragraph (2) or (3) of subsection (d). (2) Review of deadlines (A) Proposed covered consent decrees For a proposed covered consent decree, a court shall not approve the covered consent 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 rulemaking and, unless contrary to the public interest, the provisions of any Executive order that governs rulemaking. (B) Proposed covered settlement agreements For a proposed covered settlement 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 statutes that govern rulemaking and, unless contrary 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— (1) the number, identity, and content of covered civil actions brought against and covered consent decrees 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 settlement 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 decree or settlement agreement entered against or into by the agency. 104. Motions to modify consent decrees If an agency moves a court to modify a covered consent 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 interest 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 decree or settlement agreement de novo. 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 (2) any covered consent decree or settlement agreement proposed to a court on or after the date of enactment of this Act. II All Economic Regulations are Transparent 201. Short title This title may be cited as the All Economic Regulations are Transparent Act of 2016 or the ALERT Act of 2016 . 202. Office of information and regulatory affairs publication of information relating to rules (a) Amendment Title 5, United States Code, is amended by inserting after chapter 6 the following new chapter: 6A OFFICE OF INFORMATION AND REGULATORY AFFAIRS PUBLICATION OF INFORMATION RELATING TO RULES 651. Agency monthly submission to Office of Information and Regulatory Affairs. 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 Information and Regulatory Affairs On a monthly basis, the head of each agency shall submit to the Administrator of the Office of Information 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 following the month covered by the monthly submission: (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). (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 finalize during the 12-month period following the month covered by the monthly submission and for which the agency has issued a general notice of proposed rule making— (A) an approximate schedule for completing 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 (C) any estimate of the economic effects of the rule, including the imposition of unfunded 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 information 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 register Not later than October 1 of each year, the Administrator shall publish, in the Federal Register, the following, with respect to the previous year: (A) The information that the Administrator 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 agency, including, for each such rule, an indication of whether the issuing agency conducted an analysis of the costs or benefits of the rule; and (ii) that was finalized by each agency, including for each such rule an indication of whether— (I) the issuing agency conducted an analysis of the costs or benefits of the rule; (II) the agency claimed an exemption from the procedures under section 553 pursuant to section 553(b)(B); and (III) the rule was issued pursuant to a statutory mandate or the rule making is committed to agency discretion by law. (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 proposed or finalized, the total cost of any unfunded 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 following: (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. (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 previous 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 disapproval 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. (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 Executive 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 implementing 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 section 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 Information Relating to Rules 651 . (c) Effective dates (1) Agency monthly submission to the office of information and regulatory affairs 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 section 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 enactment 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 requirement under section 652(b)(2)(A) of title 5, United States Code, as added by subsection (a), shall include for the first publication, any analysis 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 subsection (a), shall take effect on the date that is 8 months after the date of the enactment of this Act. III Providing Accountability Through Transparency 301. Short title This title may be cited as the Providing Accountability Through Transparency Act of 2016 . 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 inserting ; ; (2) in paragraph (3), by striking the period at the end and inserting ; and ; and (3) by inserting after paragraph (3) the following: (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 internet website under section 206(d) of the E-Government Act of 2002 ( 44 U.S.C. 3501 note) (commonly known as regulations.gov); .

Passed the House of Representatives January 7, 2016. Karen L. Haas, Clerk.

tv_txt: 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 settlement agreements by agencies that require the agencies to take regulatory action in accordance with the terms thereof, and for other purposes.

1. Short title This Act may be cited as the Sunshine for Regulations and Regulatory Decrees and Settlements Act of 2016 . 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 information 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. I Sunshine for Regulatory Decrees and Settlements 101. Short title This title may be cited as the Sunshine for Regulations and Regulatory Decrees and Settlements Act of 2016 . 102. Definitions In this title— (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 person bringing the action; or (ii) a State, local, or tribal government; 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 covered civil action; and (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 person bringing the action; or (ii) a State, local, or tribal government; (4) the term covered consent decree or settlement 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 person bringing the action; or (ii) a State, local, or tribal government. 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, including 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 settlement agreement until after the end of proceedings in accordance with paragraph (1) and subparagraphs (A) and (B) of paragraph (2) of subsection (d) or subsection (d)(3)(A), whichever is later. (b) Intervention (1) Rebuttable presumption In considering 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 governments In considering 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 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 provisions 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 relates. (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 action. (d) Publication of and comment on covered consent decrees or settlement agreements (1) In general Not later than 60 days before the date on which a covered consent decree or settlement agreement is filed with a court, the agency 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 agreement, 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 complaint in the applicable civil action or addressed or affected by the proposed covered consent decree or settlement agreement. (B) Response to comments An agency shall respond to any comment received under subparagraph (A). (C) Submissions to court When moving that the court enter a proposed covered consent decree or settlement agreement or for dismissal 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 decree 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 action the certified index of the administrative record submitted by an agency under subparagraph (C)(iii) and any documents listed in the index which any party or amicus curiae appearing 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 summary of the proceedings; (II) submit to the court a certified index of the hearing record; and (III) provide access to the hearing record to the court; and (ii) the full hearing record shall be included in the court record. (4) Mandatory deadlines If a proposed covered consent decree or settlement agreement requires an agency action by a date certain, the agency shall, when moving for entry of the covered consent 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 address; (B) how the covered consent decree or settlement agreement, if approved, would affect the discharge of the duties described in subparagraph (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 contains a term described in paragraph (2), the Attorney General or, if the matter is being litigated independently 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 covered consent decree or settlement agreement. The Attorney General or head of the agency shall personally sign any certification submitted under this paragraph. (2) Terms A term described in this paragraph 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 regulatory action in question; (iii) commits an agency to seek a particular appropriation or budget authorization; (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 circumstances, to make policy or managerial choices, or to protect the rights of third parties; or (v) otherwise affords relief that the court could not enter under its own authority 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 failure by the agency to comply with the terms of the covered settlement agreement other than the revival of the civil action resolved by the covered settlement agreement; 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 rulemaking procedures for a rulemaking that is the subject of the covered settlement agreement; (II) commits the agency to expend funds that have not been appropriated and that have not been budgeted for the regulatory action in question; or (III) for such a covered settlement 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 policy or managerial choices, or to protect 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 person who filed public comments or participated in a public hearing on the covered consent decree or settlement agreement under paragraph (2) or (3) of subsection (d). (2) Review of deadlines (A) Proposed covered consent decrees For a proposed covered consent decree, a court shall not approve the covered consent 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 rulemaking and, unless contrary to the public interest, the provisions of any Executive order that governs rulemaking. (B) Proposed covered settlement agreements For a proposed covered settlement 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 statutes that govern rulemaking and, unless contrary 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— (1) the number, identity, and content of covered civil actions brought against and covered consent decrees 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 settlement 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 decree or settlement agreement entered against or into by the agency. 104. Motions to modify consent decrees If an agency moves a court to modify a covered consent 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 interest 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 decree or settlement agreement de novo. 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 (2) any covered consent decree or settlement agreement proposed to a court on or after the date of enactment of this Act. II All Economic Regulations are Transparent 201. Short title This title may be cited as the All Economic Regulations are Transparent Act of 2016 or the ALERT Act of 2016 . 202. Office of information and regulatory affairs publication of information relating to rules (a) Amendment Title 5, United States Code, is amended by inserting after chapter 6 the following new chapter: 6A OFFICE OF INFORMATION AND REGULATORY AFFAIRS PUBLICATION OF INFORMATION RELATING TO RULES 651. Agency monthly submission to Office of Information and Regulatory Affairs. 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 Information and Regulatory Affairs On a monthly basis, the head of each agency shall submit to the Administrator of the Office of Information 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 following the month covered by the monthly submission: (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). (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 finalize during the 12-month period following the month covered by the monthly submission and for which the agency has issued a general notice of proposed rule making— (A) an approximate schedule for completing 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 (C) any estimate of the economic effects of the rule, including the imposition of unfunded 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 information 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 register Not later than October 1 of each year, the Administrator shall publish, in the Federal Register, the following, with respect to the previous year: (A) The information that the Administrator 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 agency, including, for each such rule, an indication of whether the issuing agency conducted an analysis of the costs or benefits of the rule; and (ii) that was finalized by each agency, including for each such rule an indication of whether— (I) the issuing agency conducted an analysis of the costs or benefits of the rule; (II) the agency claimed an exemption from the procedures under section 553 pursuant to section 553(b)(B); and (III) the rule was issued pursuant to a statutory mandate or the rule making is committed to agency discretion by law. (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 proposed or finalized, the total cost of any unfunded 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 following: (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. (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 previous 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 disapproval 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. (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 Executive 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 implementing 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 section 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 Information Relating to Rules 651 . (c) Effective dates (1) Agency monthly submission to the office of information and regulatory affairs 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 section 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 enactment 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 requirement under section 652(b)(2)(A) of title 5, United States Code, as added by subsection (a), shall include for the first publication, any analysis 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 subsection (a), shall take effect on the date that is 8 months after the date of the enactment of this Act. III Providing Accountability Through Transparency 301. Short title This title may be cited as the Providing Accountability Through Transparency Act of 2016 . 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 inserting ; ; (2) in paragraph (3), by striking the period at the end and inserting ; and ; and (3) by inserting after paragraph (3) the following: (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 internet website under section 206(d) of the E-Government Act of 2002 ( 44 U.S.C. 3501 note) (commonly known as regulations.gov); .

Passed the House of Representatives January 7, 2016. Karen L. Haas, Clerk