US Congress House Bill 3862 (Prior Session Legislation)

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Spectrum: Strong Partisan Bill (Republican 17-1)
Status: Introduced on February 1 2012 - 25% progression, died in chamber
Action: 2012-07-11 - Placed on the Union Calendar, Calendar No. 428.
Text: Latest bill text (Introduced) [PDF]

Sunshine for Regulatory Decrees and Settlements Act of 2012 - (Sec. 2) States that the provisions of this Act shall apply to: (1) a consent decree or settlement agreement in an action to compel agency action alleged to be unlawfully withheld or unreasonably delayed that pertains to a regulatory action that affects the rights of private parties other than the plaintiff or the rights of state, local, or tribal governments brought under judicial review provisions of the U.S. Code or under any other statute authorizing such an action; and (2) any other consent decree or settlement agreement that requires agency action that pertains to a regulatory action that affects the rights of private parties other than the plaintiff or the rights of state, local, or tribal governments. Sets forth requirements with respect to actions to be resolved by a consent decree or settlement agreement under this Act, including requiring: (1) publication in a readily accessible manner (including electronically) of the complaint, the consent decree or settlement agreement, the statutory basis for the decree or agreement and its terms, and any award of attorneys' fees or costs; (2) an opportunity for affected parties to intervene in an action prior to the entry of a consent decree or settlement agreement; (3) referral to a mediation or alternative dispute resolution program after a motion to intervene is granted; (4) an opportunity for public comment on a proposed consent decree or settlement agreement before it is filed with a court; and (5) approval by the Attorney General of any proposed consent decree or settlement agreement in cases litigated by the Department of Justice (DOJ). Requires each agency to submit an annual report to Congress on the number, identity, and content of complaints, consent decrees, and settlement agreements for that year, including the statutory basis for each decree or agreement and its terms, and any awards of attorneys fees or costs in actions resolved by decrees or agreements. (Sec. 3) Requires a court to grant de novo review to any motion filed by an agency to modify a previously-entered consent decree if the basis of such motion is that the terms of the decree are no longer fully in the public interest due to the agency's obligations to fulfill other duties or due to changed facts and circumstances. (Sec. 4) Makes the provisions of this Act applicable to any covered consent decree or settlement agreement proposed to a court after the enactment of this Act.

Sunshine for Regulatory Decrees and Settlements Act of 2012

Rep. Benjamin Quayle [R-AZ]	Rep. Diane Black [R-TN]	Sen. Marsha Blackburn [R-TN]	Rep. Howard Coble [R-NC]
Rep. Bill Flores [R-TX]	Rep. Elton Gallegly [R-CA]	Rep. Andy Harris [R-MD]	Rep. Bill Huizenga [R-MI]
Rep. Jack Kingston [R-GA]	Rep. Patrick McHenry [R-NC]	Rep. Jeff Miller [R-FL]	Rep. Collin Peterson [D-MN]
Rep. Joseph Pitts [R-PA]	Rep. Todd Rokita [R-IN]	Rep. Dennis Ross [R-FL]	Rep. Steve Scalise [R-LA]
Rep. David Schweikert [R-AZ]	Rep. Kevin Yoder [R-KS]

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

SB3382 (Related) 2012-07-12 - Read twice and referred to the Committee on the Judiciary.
HB4078 (Related) 2012-07-31 - Read the second time. Placed on Senate Legislative Calendar under General Orders. Calendar No. 477.

Type	Source
Summary	https://www.congress.gov/bill/112th-congress/house-bill/3862/all-info
Text	https://www.congress.gov/112/bills/hr3862/BILLS-112hr3862ih.pdf
Text	https://www.congress.gov/112/bills/hr3862/BILLS-112hr3862rh.pdf