H.R.3862 - Sunshine for Regulatory Decrees and Settlements Act of 2012112th Congress (2011-2012)
|Sponsor:||Rep. Quayle, Benjamin [R-AZ-3] (Introduced 02/01/2012)|
|Committees:||House - Judiciary|
|Committee Reports:||H. Rept. 112-593|
|Latest Action:||House - 07/11/2012 Placed on the Union Calendar, Calendar No. 428. (All Actions)|
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Summary: H.R.3862 — 112th Congress (2011-2012)All Information (Except Text)
Reported to House with amendment(s) (07/11/2012)
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.