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.
Sunshine for Regulations and Regulatory Decrees and Settlements Act of 2017
This bill establishes public notice and comment procedures and motion to intervene standards for civil actions seeking to compel agency action and alleging that an agency is unlawfully withholding or unreasonably delaying an agency action, and for consent decrees or settlement agreements that require agency action, relating to a regulatory action that would affect the rights of: (1) private persons other than the person bringing the action; or (2) a state, local, or tribal government.
The bill sets forth requirements for:
Agencies seeking to enter such a consent decree or settlement agreement must:
The Department of Justice, or an agency litigating a matter independently, must certify to the court its approval of such proposed: (1) consent decrees that include 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) settlement agreements that include 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.
Courts: (1) shall not approve such consent decrees or settlement agreements unless they allow sufficient time and procedures to comply with the Administrative Procedure Act, rulemaking statutes, and executive orders; and (2) shall grant de novo review if an agency files a motion to modify such a decree or agreement on the basis that its terms are no longer fully in the public interest due to changed facts and circumstances or the agency's obligations to fulfill other duties.
Placed on the Union Calendar, Calendar No. 252.
Referred to the House Committee on the Judiciary.
Motion to reconsider laid on the table Agreed to without objection.
Read twice and referred to the Committee on the Judiciary. (Sponsor introductory remarks on measure: CR S315-316)
House resolved itself into the Committee of the Whole House on the state of the Union pursuant to H. Res. 577 and Rule XVIII.
GENERAL DEBATE - The Committee of the Whole proceeded with one hour of general debate on H.R. 469.
DEBATE - Pursuant to the provisions of H. Res. 577, the Committee of the Whole proceeded with 10 minutes of debate on the Collins (GA) amendment No. 1.
DEBATE - Pursuant to the provisions of H. Res. 577, the Committee of the Whole proceeded with 10 minutes of debate on the Conyers amendment No. 2.
DEBATE - Pursuant to the provisions of H. Res. 577, the Committee of the Whole proceeded with 10 minutes of debate on the Johnson (GA) amendment No. 3.
POSTPONED PROCEEDINGS - At the conclusion of debate on the Johnson (GA) amendment, the Chair put the question on adoption of the amendment and by voice vote announced that the noes had prevailed. Mr. Johnson (GA) demanded a recorded vote, and the Chair postponed further proceedings on the question of adoption of the amendment until a time to be announced.
The Committee rose informally.
Subsequently, the Committee resumed its sitting.
DEBATE - Pursuant to the provisions of H. Res. 577, the Committee of the Whole proceeded with 10 minutes of debate on the McEachin amendment No. 4.
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POSTPONED PROCEEDINGS - At the conclusion of debate on the McEachin amendment, the Chair put the question on adoption of the amendment and by voice vote announced that the noes had prevailed. Mr. McEachin demanded a recorded vote, and the Chair postponed further proceedings on the question of adoption of the amendment until a time to be announced.
DEBATE - Pursuant to the provisions of H. Res. 577, the Committee of the Whole proceeded with 10 minutes of debate on the Cartwright amendment No. 6.
POSTPONED PROCEEDINGS - At the conclusion of debate on the Cartwright amendment, the Chair put the question on adoption of the amendment and by voice vote announced that the noes had prevailed. Mr. Cartwright demanded a recorded vote, and the Chair postponed further proceedings on the question of adoption of the amendment until a time to be announced.
UNFINISHED BUSINESS - The Chair announced that the unfinished business was on adoption of amendments, which had been debated earlier and on which further proceedings had been postponed.
The House rose from the Committee of the Whole House on the state of the Union to report H.R. 469.
The previous question was ordered pursuant to the rule.
The House adopted the amendment in the nature of a substitute as agreed to by the Committee of the Whole House on the state of the Union.
Passed/agreed to in House: On passage Passed by recorded vote: 234 - 187 (Roll no. 588).(text: CR H8199-8201)
Roll Call #588 (House)On passage Passed by recorded vote: 234 - 187 (Roll no. 588). (text: CR H8199-8201)
Roll Call #588 (House)Motion to reconsider laid on the table Agreed to without objection.
Received in the Senate and Read twice and referred to the Committee on the Judiciary.