summary
Introduced
In Committee
Crossed Over
Passed
Dead
Introduced Session
112th Congress
Bill Summary
Sunshine for Regulatory Decrees and Settlements Act of 2012 - 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 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. Requires an agency against which a covered civil action is brought to publish the complaint in a readily accessible manner and to provide interested parties an opportunity to intervene and to conduct settlement negotiations through mediation. Requires an agency seeking to enter a covered settlement agreement to publish such 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 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 any proposed covered settlement agreement that includes terms that: (1) convert into a duty a discretionary authority of an agency to propose, promulgate, revise, or amend regulations; (2) commit an agency to expend funds that have not been appropriated and budgeted; (3) commit an agency to seek a particular appropriation or budget authorization; (4) divest an agency of discretion committed to it by statute or the Constitution; or (5) otherwise afford any relief that the court could not enter under its own authority. Requires a court to grant de novo review of a covered settlement agreement if an agency files a motion to modify such 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.
AI Summary
This bill, the Sunshine for Regulatory Decrees and Settlements Act of 2012, aims to increase transparency and public input in legal settlements involving government agencies that require regulatory action. It defines a "covered civil action" as a lawsuit seeking to force an agency to act, alleging the agency is unlawfully delaying or withholding a regulatory action that would impact private individuals or governments. A "covered settlement agreement" includes any settlement or consent decree resulting from such a lawsuit, or any other agreement requiring agency regulatory action that affects private individuals or governments. The bill mandates that agencies facing a covered civil action must publish the complaint and allow interested parties to intervene and participate in settlement negotiations through mediation. Furthermore, before entering into a covered settlement agreement, agencies must publish the proposed agreement in the Federal Register and online at least 60 days in advance, allowing for public comment and potentially public hearings. For certain types of settlement terms, such as those that convert discretionary agency authority into a mandatory duty, commit the agency to unappropriated funds, or divest the agency of statutory or constitutional discretion, the Attorney General or agency head must certify their approval to the court. Finally, if an agency later seeks to modify a settlement agreement due to changed circumstances, the court must conduct a fresh review of the entire agreement.
Committee Categories
Justice
Sponsors (7)
Tom Coburn (R),
John Cornyn (R),
Chuck Grassley (R),
Jon Kyl (R),
Mike Lee (R),
Rand Paul (R),
Jeff Sessions (R),
Last Action
Read twice and referred to the Committee on the Judiciary. (on 07/12/2012)
Official Document
bill text
bill summary
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bill summary
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bill summary
| Document Type | Source Location |
|---|---|
| State Bill Page | https://www.congress.gov/bill/112th-congress/senate-bill/3382/all-info |
| Bill | http://gpo.gov/fdsys/pkg/BILLS-112s3382is/pdf/BILLS-112s3382is.pdf.pdf |
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