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Sunshine for Regulatory Decrees and Settlements Act of 2021

USA117th CongressHR-2708| House 
| Updated: 10/19/2021
Victoria Spartz

Victoria Spartz

Republican Representative

Indiana

Cosponsors (15)
Chris Stewart (Republican)Bob Good (Republican)Yvette Herrell (Republican)Eric A. "Rick" Crawford (Republican)Thomas P. Tiffany (Republican)Stephanie I. Bice (Republican)Ken Buck (Republican)Scott Perry (Republican)Jason Smith (Republican)John R. Moolenaar (Republican)Michael Cloud (Republican)Debbie Lesko (Republican)Randy K. Sr. Weber (Republican)Ted Budd (Republican)Nicole Malliotakis (Republican)

Administrative State, Regulatory Reform, and Antitrust Subcommittee, Judiciary Committee

  • Introduced
  • In Committee
  • On Floor
  • Passed Chamber
  • Enacted
Sunshine for Regulatory Decrees and Settlements Act of 2021 This bill establishes transparency and public accountability standards for federal agencies with respect to (1) certain civil actions seeking to compel agency action, and (2) related consent decrees and settlement agreements. For example, an agency must publish a complaint filed against it within 15 days. Additionally, settlement proceedings must be conducted through mediation or an alternative dispute resolution program of the court, and those proceedings must include intervening parties. The bill also creates a presumption in favor of a motion to intervene in settlement proceedings. Further, at least 60 days prior to entering a consent decree or settlement agreement, an agency must publish, and accept and respond to public comment on, the proposed agreement or decree. An agency also must provide the court with the administrative record, a summary of the public comments, and access to the record of any public hearings on the proposed decree or agreement. The Department of Justice, or the agency litigating a matter independently, must certify to the court its approval of certain terms included in an agreement or decree, including terms that convert a discretionary authority into a nondiscretionary duty. A court may not approve a consent decree or settlement agreement unless the agency has sufficient time and procedures to comply with federal administrative procedures, other rulemaking statutes, and applicable executive orders. Finally, courts must review a consent decree or settlement if an agency files a motion to modify the decree or agreement on the basis of changed facts or circumstances.
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Timeline
Apr 20, 2021

Latest Companion Bill Action

S 117-1247
Introduced in Senate
Apr 20, 2021
Introduced in House
Apr 20, 2021
Referred to the House Committee on the Judiciary.
Oct 19, 2021
Referred to the Subcommittee on Antitrust, Commercial, and Administrative Law.
  • April 20, 2021

    Latest Companion Bill Action

    S 117-1247
    Introduced in Senate


  • April 20, 2021
    Introduced in House


  • April 20, 2021
    Referred to the House Committee on the Judiciary.


  • October 19, 2021
    Referred to the Subcommittee on Antitrust, Commercial, and Administrative Law.

Government Operations and Politics

Related Bills

  • S 117-1247: Sunshine for Regulatory Decrees and Settlements Act of 2021
Administrative law and regulatory proceduresAdministrative remediesAlternative dispute resolution, mediation, arbitrationCivil actions and liabilityGovernment information and archivesGovernment liabilityJudicial procedure and administrationJudicial review and appealsLegal fees and court costs

Sunshine for Regulatory Decrees and Settlements Act of 2021

USA117th CongressHR-2708| House 
| Updated: 10/19/2021
Sunshine for Regulatory Decrees and Settlements Act of 2021 This bill establishes transparency and public accountability standards for federal agencies with respect to (1) certain civil actions seeking to compel agency action, and (2) related consent decrees and settlement agreements. For example, an agency must publish a complaint filed against it within 15 days. Additionally, settlement proceedings must be conducted through mediation or an alternative dispute resolution program of the court, and those proceedings must include intervening parties. The bill also creates a presumption in favor of a motion to intervene in settlement proceedings. Further, at least 60 days prior to entering a consent decree or settlement agreement, an agency must publish, and accept and respond to public comment on, the proposed agreement or decree. An agency also must provide the court with the administrative record, a summary of the public comments, and access to the record of any public hearings on the proposed decree or agreement. The Department of Justice, or the agency litigating a matter independently, must certify to the court its approval of certain terms included in an agreement or decree, including terms that convert a discretionary authority into a nondiscretionary duty. A court may not approve a consent decree or settlement agreement unless the agency has sufficient time and procedures to comply with federal administrative procedures, other rulemaking statutes, and applicable executive orders. Finally, courts must review a consent decree or settlement if an agency files a motion to modify the decree or agreement on the basis of changed facts or circumstances.
View Full Text

Suggested Questions

Get AI-generated questions to help you understand this bill better

Timeline
Apr 20, 2021

Latest Companion Bill Action

S 117-1247
Introduced in Senate
Apr 20, 2021
Introduced in House
Apr 20, 2021
Referred to the House Committee on the Judiciary.
Oct 19, 2021
Referred to the Subcommittee on Antitrust, Commercial, and Administrative Law.
  • April 20, 2021

    Latest Companion Bill Action

    S 117-1247
    Introduced in Senate


  • April 20, 2021
    Introduced in House


  • April 20, 2021
    Referred to the House Committee on the Judiciary.


  • October 19, 2021
    Referred to the Subcommittee on Antitrust, Commercial, and Administrative Law.
Victoria Spartz

Victoria Spartz

Republican Representative

Indiana

Cosponsors (15)
Chris Stewart (Republican)Bob Good (Republican)Yvette Herrell (Republican)Eric A. "Rick" Crawford (Republican)Thomas P. Tiffany (Republican)Stephanie I. Bice (Republican)Ken Buck (Republican)Scott Perry (Republican)Jason Smith (Republican)John R. Moolenaar (Republican)Michael Cloud (Republican)Debbie Lesko (Republican)Randy K. Sr. Weber (Republican)Ted Budd (Republican)Nicole Malliotakis (Republican)

Administrative State, Regulatory Reform, and Antitrust Subcommittee, Judiciary Committee

Government Operations and Politics

Related Bills

  • S 117-1247: Sunshine for Regulatory Decrees and Settlements Act of 2021
  • Introduced
  • In Committee
  • On Floor
  • Passed Chamber
  • Enacted
Administrative law and regulatory proceduresAdministrative remediesAlternative dispute resolution, mediation, arbitrationCivil actions and liabilityGovernment information and archivesGovernment liabilityJudicial procedure and administrationJudicial review and appealsLegal fees and court costs