3.0.0 1493 2023-01-11T13:24:13Z 2023-01-11T13:24:13Z House H HR 2013-04-11 113 From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]By Mr. COLLINS of Georgia:H.R. 1493.Congress has the power to enact this legislation pursuantto the following:Article I, Section 1 of the United States Constitution,Article I, Section 8 of the Unitcd States Constitution,including, but not limited to, Clauses 1, 3 and 18, andArticle III of the United States Constitution, Section 2.[Page H1957]]]> hsju00 Judiciary Committee House Standing hsju05 Administrative State, Regulatory Reform, and Antitrust Subcommittee Reported by 2013-07-10T14:22:39Z Markup by 2013-07-10T14:22:22Z Hearings by 2013-06-05T13:32:41Z Referred to 2013-04-30T20:05:17Z Reported by 2013-09-26T17:42:19Z Markup by 2013-07-24T21:49:01Z Referred to 2013-04-11T04:01:25Z H. Rept. 113-230 Jobs for America Act 113 4 HR 2014-11-13 Read the second time. Placed on Senate Legislative Calendar under General Orders. Calendar No. 597. Related bill CRS Sunshine for Regulatory Decrees and Settlements Act of 2013 113 714 S 2013-04-11 Read twice and referred to the Committee on the Judiciary. Identical bill CRS 2013-09-26 Placed on the Union Calendar, Calendar No. 170. Calendars H12410 2 House floor actions U00170 2013-09-26 Reported by the Committee on Judiciary. H. Rept. 113-230. Committee H12200 2 House floor actions hsju00 Judiciary Committee 2013-09-26 Reported by the Committee on Judiciary. H. Rept. 113-230. Committee 5000 9 Library of Congress hsju00 Judiciary Committee 2013-07-24 hsju00 Judiciary Committee 1 House committee actions Ordered to be Reported by the Yeas and Nays: 17 - 12. Committee 2013-07-24 hsju00 Judiciary Committee 1 House committee actions Committee Consideration and Mark-up Session Held. Committee 2013-07-10 hsju05 Administrative State, Regulatory Reform, and Antitrust Subcommittee 1 House committee actions Forwarded by Subcommittee to Full Committee by Voice Vote . Committee 2013-07-10 hsju05 Administrative State, Regulatory Reform, and Antitrust Subcommittee 1 House committee actions Subcommittee Consideration and Mark-up Session Held. Committee 2013-06-05 hsju05 Administrative State, Regulatory Reform, and Antitrust Subcommittee 1 House committee actions Subcommittee Hearings Held. Committee 2013-04-30 hsju05 Administrative State, Regulatory Reform, and Antitrust Subcommittee 1 House committee actions Referred to the Subcommittee on Regulatory Reform, Commercial And Antitrust Law. Committee 2013-04-11 Referred to the House Committee on the Judiciary. IntroReferral H11100 2 House floor actions hsju00 Judiciary Committee 2013-04-11 Introduced in House IntroReferral Intro-H 9 Library of Congress 2013-04-11 Introduced in House IntroReferral 1000 9 Library of Congress C001093 Rep. Collins, Doug [R-GA-9] Doug Collins R GA 9 N W000796 Rep. Westmoreland, Lynn A. [R-GA-3] Lynn Westmoreland R GA A. 3 2013-04-11 True F000448 Rep. Franks, Trent [R-AZ-8] Trent Franks R AZ 8 2013-04-11 True B001250 Rep. Bishop, Rob [R-UT-1] Rob Bishop R UT 1 2013-04-11 True C001096 Rep. Cramer, Kevin [R-ND-At Large] Kevin Cramer R ND 0 2013-04-11 True H001065 Rep. Holding, George [R-NC-13] George Holding R NC 13 2013-04-11 True E000291 Rep. Ellmers, Renee L. [R-NC-2] Renee Ellmers R NC L. 2 2013-04-11 True Y000065 Rep. Yoho, Ted S. [R-FL-3] Ted Yoho R FL S. 3 2013-04-11 True S001188 Rep. Stutzman, Marlin A. [R-IN-3] Marlin Stutzman R IN A. 3 2013-04-11 True S001186 Rep. Southerland, Steve II [R-FL-2] Steve Southerland R FL 2 2013-04-11 True P000605 Rep. Perry, Scott [R-PA-4] Scott Perry R PA 4 2013-04-11 True B000013 Rep. Bachus, Spencer [R-AL-6] SPENCER BACHUS R AL 6 2013-04-11 True C000556 Rep. Coble, Howard [R-NC-6] HOWARD COBLE R NC 6 2013-04-11 True G000562 Rep. Gardner, Cory [R-CO-4] Cory Gardner R CO 4 2013-04-11 True G000560 Rep. Graves, Tom [R-GA-14] Tom Graves R GA 14 2013-04-11 True M001187 Rep. Meadows, Mark [R-NC-11] Mark Meadows R NC 11 2013-04-11 True G000566 Rep. Gowdy, Trey [R-SC-4] Trey Gowdy R SC 4 2013-04-11 True G000552 Rep. Gohmert, Louie [R-TX-1] Louie Gohmert R TX 1 2013-04-11 True B001280 Rep. Bentivolio, Kerry L. [R-MI-11] Kerry Bentivolio R MI L. 11 2013-04-11 True W000815 Rep. Wenstrup, Brad R. [R-OH-2] Brad Wenstrup R OH R. 2 2013-04-11 True P000591 Rep. Price, Tom [R-GA-6] Tom Price R GA 6 2013-04-11 True G000550 Rep. Gingrey, Phil [R-GA-11] Phil Gingrey R GA 11 2013-04-11 True B001262 Rep. Broun, Paul C. [R-GA-10] Paul Broun R GA C. 10 2013-04-11 True D000618 Rep. Daines, Steve [R-MT-At Large] Steve Daines R MT 0 2013-04-11 True K000220 Rep. Kingston, Jack [R-GA-1] JACK KINGSTON R GA 1 2013-04-11 True F000460 Rep. Farenthold, Blake [R-TX-27] Blake Farenthold R TX 27 2013-04-16 False L000566 Rep. Latta, Robert E. [R-OH-5] Robert Latta R OH E. 5 2013-05-07 False R000592 Rep. Rokita, Todd [R-IN-4] Todd Rokita R IN 4 2013-05-14 False C001047 Rep. Capito, Shelley Moore [R-WV-2] Shelley Capito R WV Moore 2 2013-06-05 False I000056 Rep. Issa, Darrell E. [R-CA-49] DARRELL ISSA R CA E. 49 2013-06-12 False N000186 Rep. Nunnelee, Alan [R-MS-1] Alan Nunnelee R MS 1 2013-06-27 False S001195 Rep. Smith, Jason [R-MO-8] Jason Smith R MO 8 2013-07-16 False Government Operations and Politics 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 Government Operations and Politics 00 2013-04-11 Introduced in House 2013-05-22T19:48:45Z Sunshine for Regulatory Decrees and Settlements Act of 2013 - 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.

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

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.

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.

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.

]]> 79 2013-09-26 Reported to House without amendment 2013-11-05T21:23:19Z (This measure has not been amended since it was introduced. The summary has been expanded because action occurred on the measure.)

Sunshine for Regulatory Decrees and Settlements Act of 2013 - 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 the rights of: (1) 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 a regulatory action that affects the rights of private persons other than the person bringing the action, or a state, local, or tribal government.

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. Requires a court, in considering a motion to intervene in a covered civil action, to presume that the interests of the intervenor would not be adequately represented by the existing parties to the action and to consider the relationship of an intervenor that is a state, local, or tribal government to the defendant in such action.

Requires parties to a covered civil action to participate in mediation or alternative dispute resolution when attempting to settle an action and to include intervenors in such mediation or dispute resolution efforts.

Requires an agency seeking to enter a covered consent decree or settlement agreement to publish in the Federal Register and online, not later than 60 days after such decree or agreement is filed with a court: (1) the decree or agreement; and (2) a statement providing the statutory basis for the covered consent decree or settlement agreement and a description of the terms of such decree or agreement, including whether it provides for attorney fees. Requires such agency to accept public comments on a proposed consent decree or settlement agreement during the 60-day period.

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.

Requires a court, in considering a proposed consent decree or settlement agreement, to: (1) presume, subject to rebuttal, that it is proper to allow amicus participation by any person who filed public comments or participated in a public hearing on a covered consent decree or settlement agreement; and (2) allow sufficient time and procedures for agency compliance with the Administrative Procedure Act (APA), other applicable statutes, and any executive orders that govern rulemaking, unless contrary to the public interest.

Requires each agency to submit an annual report to Congress on its covered civil actions and consent decrees or settlement agreements.

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.

Makes this Act effective upon enactment and applicable to any covered civil action filed, or any covered consent decree or settlement agreement proposed, on or after the enactment of this Act.

]]> Sunshine for Regulatory Decrees and Settlements Act of 2013 Display Title Sunshine for Regulatory Decrees and Settlements Act of 2013 Short Titles as Introduced Sunshine for Regulatory Decrees and Settlements Act of 2013 Short Titles as Reported to House Sunshine for Regulatory Decrees and Settlements Act of 2013 H House Official Title as Introduced 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. Reported in House 2013-09-26T04:00:00Z https://www.govinfo.gov/content/pkg/BILLS-113hr1493rh/xml/BILLS-113hr1493rh.xml Introduced in House 2013-04-11T04:00:00Z https://www.govinfo.gov/content/pkg/BILLS-113hr1493ih/xml/BILLS-113hr1493ih.xml 2013-09-26 Placed on the Union Calendar, Calendar No. 170. text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. Congressional Research Service, Library of Congress This file contains bill summaries and statuses for federal legislation. A bill summary describes the most significant provisions of a piece of legislation and details the effects the legislative text may have on current law and federal programs. Bill summaries are authored by the Congressional Research Service (CRS) of the Library of Congress. As stated in Public Law 91-510 (2 USC 166 (d)(6)), one of the duties of CRS is "to prepare summaries and digests of bills and resolutions of a public general nature introduced in the Senate or House of Representatives". For more information, refer to the User Guide that accompanies this file.