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Titles Actions Overview All Actions Cosponsors Committees Related Bills Subjects Latest Summary All Summaries

Titles (8)

Short Titles

Short Titles - House of Representatives

Short Titles as Passed House

Sunshine for Regulations and Regulatory Decrees and Settlements Act of 2016

Short Titles as Passed House for portions of this bill
  • ALERT Act of 2016
  • All Economic Regulations are Transparent Act of 2016
  • Providing Accountability Through Transparency Act of 2016
  • Sunshine for Regulations and Regulatory Decrees and Settlements Act of 2016

Short Titles as Reported to House

Sunshine for Regulatory Decrees and Settlements Act of 2015

Short Titles as Introduced

Sunshine for Regulatory Decrees and Settlements Act of 2015

Official Titles

Official Titles - House of Representatives

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.


Actions Overview (3)

Date Actions Overview
01/07/2016Passed/agreed to in House: On passage Passed by recorded vote: 244 - 173 (Roll no. 12).
06/25/2015Reported by the Committee on Judiciary. H. Rept. 114-184.
02/04/2015Introduced in House

All Actions (51)

Date Chamber All Actions
01/11/2016SenateReceived in the Senate and Read twice and referred to the Committee on the Judiciary.
01/07/2016-4:21pmHouseMotion to reconsider laid on the table Agreed to without objection.
01/07/2016-4:21pmHouseOn passage Passed by recorded vote: 244 - 173 (Roll no. 12).
01/07/2016-4:12pmHouseOn motion to recommit with instructions Failed by recorded vote: 171 - 244 (Roll no. 11).
01/07/2016-4:04pmHouseThe previous question on the motion to recommit with instructions was ordered without objection. (consideration: CR H144)
01/07/2016-3:57pmHouseDEBATE - The House proceeded with 10 minutes of debate on the Kelly (IL) of motion to recommit with instructions. The instructions contained in the motion seek to report the same back to the House forthwith with an amendment to ensure that the underlying bill would not apply to any rule that pertains to protecting Americans from gun violence, particularly in school zones or other vulnerable areas.
01/07/2016-3:56pmHouseMs. Kelly (IL) moved to recommit with instructions to the Committee on the Judiciary. (consideration: CR H143-145; text of the motion: CR H143)
01/07/2016-3:55pmHouseThe House adopted the amendment in the nature of a substitute as agreed to by the Committee of the Whole House on the state of the Union. (text of amendment in the nature of a substitute: CR H133-135)
01/07/2016-3:55pmHouseThe previous question was ordered pursuant to the rule. (consideration: CR H143)
01/07/2016-3:54pmHouseThe House rose from the Committee of the Whole House on the state of the Union to report H.R. 712.
01/07/2016-3:54pmHouseH.Amdt.893 On agreeing to the Johnson (GA) amendment (A006) Failed by recorded vote: 173 - 241 (Roll no. 10).
01/07/2016-3:50pmHouseH.Amdt.891 On agreeing to the Lynch amendment (A004) Failed by recorded vote: 180 - 235 (Roll no. 9).
01/07/2016-3:46pmHouseH.Amdt.890 On agreeing to the Cummings amendment (A003) Failed by recorded vote: 174 - 244 (Roll no. 8).
01/07/2016-3:42pmHouseH.Amdt.889 On agreeing to the Johnson (GA) amendment (A002) Failed by recorded vote: 175 - 242 (Roll no. 7).
01/07/2016-3:06pmHouseUNFINISHED BUSINESS - The Chair announced that the unfinished business was the question on adoption of amendments which had been debated earlier and on which further proceedings had been postponed.
01/07/2016-3:06pmHouseH.Amdt.894 On agreeing to the Cummings amendment (A007) Failed by voice vote.
01/07/2016-3:01pmHouseDEBATE - Pursuant to the provisions of H. Res. 580, the Committee of the Whole proceeded with 10 minutes of debate on the Cummings Part A amendment No. 7.
01/07/2016-3:01pmHouseH.Amdt.894 Amendment (A007) offered by Mr. Cummings. (consideration: CR H140; text: CR H140)
01/07/2016-3:00pmHousePOSTPONED PROCEEDINGS - At the conclusion of debate on the Johnson (GA) amendment, the Chair put the question on adoption of the amendment and by voice vote announced that the noes had prevailed. Mr. Johnson (GA) demanded a recorded voted and the Chair postponed further proceedings on the question of adoption of the amendment until later in the legislative day.
01/07/2016-2:53pmHouseDEBATE - Pursuant to the provisions of H. Res. 580, the Committee of the Whole proceeded with 10 minutes of debate on the Johnson (GA) Part A amendment No. 6.
01/07/2016-2:53pmHouseH.Amdt.893 Amendment (A006) offered by Mr. Johnson (GA). (consideration: CR H139-140, H142-143; text: CR H139)
01/07/2016-2:52pmHouseH.Amdt.892 On agreeing to the Foxx amendment (A005) Agreed to by voice vote.
01/07/2016-2:47pmHouseDEBATE - Pursuant to the provisions of H. Res. 580, the Committee of the Whole proceeded with 10 minutes of debate on the Foxx Part A amendment No. 5.
01/07/2016-2:47pmHouseH.Amdt.892 Amendment (A005) offered by Ms. Foxx. (consideration: CR H138-139; text: CR H138)
01/07/2016-2:47pmHousePOSTPONED PROCEEDINGS - At the conclusion of debate on the Lynch amendment, the Chair put the question on adoption of the amendment and by voice vote announced that the noes had prevailed. Mr. Lynch demanded a recorded voted and the Chair postponed further proceedings on the question of adoption of the amendment until later in the legislative day.
01/07/2016-2:39pmHouseDEBATE - Pursuant to the provisions of H. Res. 580, the Committee of the Whole proceeded with 10 minutes of debate on the Lynch Part A amendment No. 4.
01/07/2016-2:39pmHouseH.Amdt.891 Amendment (A004) offered by Mr. Lynch. (consideration: CR H137-138, H142; text: CR H137)
01/07/2016-2:39pmHousePOSTPONED PROCEEDINGS - At the conclusion of debate on the Cummings amendment, the Chair put the question on adoption of the amendment and by voice vote announced that the noes had prevailed. Mr. Cummings demanded a recorded voted and the Chair postponed further proceedings on the question of adoption of the amendment until later in the legislative day.
01/07/2016-2:33pmHouseDEBATE - Pursuant to the provisions of H. Res. 580, the Committee of the Whole proceeded with 10 minutes of debate on the Cummings Part A amendment No. 3.
01/07/2016-2:33pmHouseH.Amdt.890 Amendment (A003) offered by Mr. Cummings. (consideration: CR H136-137, H141-142; text: CR H136)
01/07/2016-2:33pmHousePOSTPONED PROCEEDINGS - At the conclusion of debate on the Johnson (GA) amendment, the Chair put the question on adoption of the amendment and by voice vote announced that the noes had prevailed. Mr. Johnson (GA) demanded a recorded voted and the Chair postponed further proceedings on the question of adoption of the amendment until later in the legislative day.
01/07/2016-2:24pmHouseDEBATE - Pursuant to the provisions of H. Res. 580, the Committee of the Whole proceeded with 10 minutes of debate on the Johnson (GA) Part A amendment No. 2.
01/07/2016-2:24pmHouseH.Amdt.889 Amendment (A002) offered by Mr. Johnson (GA). (consideration: CR H135-136, H140-141; text: CR H135)
01/07/2016-2:24pmHouseH.Amdt.888 On agreeing to the Marino amendment (A001) Agreed to by voice vote.
01/07/2016-2:23pmHouseDEBATE - Pursuant to the provisions of H. Res. 580, the Committee of the Whole proceeded with 10 minutes of debate on the Marino Part A amendment No. 1.
01/07/2016-2:23pmHouseH.Amdt.888 Amendment (A001) offered by Mr. Marino. (consideration: CR H135; text: CR H135)
01/07/2016-1:17pmHouseGENERAL DEBATE - The Committee of the Whole proceeded with one hour of general debate on H.R. 712.
01/07/2016-1:15pmHouseThe Speaker designated the Honorable Mike Bost to act as Chairman of the Committee.
01/07/2016-1:15pmHouseHouse resolved itself into the Committee of the Whole House on the state of the Union pursuant to H. Res. 580 and Rule XVIII.
01/07/2016-1:15pmHouseResolution provides for consideration of H.R. 712 and H.R. 1155.
01/07/2016-1:15pmHouseConsidered under the provisions of rule H. Res. 580. (consideration: CR H123-145)
01/05/2016-8:43pmHouseRules Committee Resolution H. Res. 580 Reported to House. Resolution provides for consideration of H.R. 712 and H.R. 1155.
06/25/2015HousePlaced on the Union Calendar, Calendar No. 136.
06/25/2015HouseReported by the Committee on Judiciary. H. Rept. 114-184.
03/24/2015HouseOrdered to be Reported by the Yeas and Nays: 20 - 11.
Action By: Committee on the Judiciary
03/24/2015HouseCommittee Consideration and Mark-up Session Held.
Action By: Committee on the Judiciary
03/23/2015HouseSubcommittee on Regulatory Reform, Commercial And Antitrust Law Discharged.
03/02/2015HouseSubcommittee Hearings Held.
Action By: House Judiciary Subcommittee on Regulatory Reform, Commercial And Antitrust Law
02/27/2015HouseReferred to the Subcommittee on Regulatory Reform, Commercial And Antitrust Law.
Action By: Committee on the Judiciary
02/04/2015HouseReferred to the House Committee on the Judiciary.
02/04/2015HouseIntroduced in House

Cosponsors (22)


Committees (2)

Committees, subcommittees and links to reports associated with this bill are listed here, as well as the nature and date of committee activity and Congressional report number.

Committee / Subcommittee Date Activity Reports
House Judiciary02/04/2015 Referred to
03/24/2015 Markup by
06/25/2015 Reported by H. Rept. 114-184
House Judiciary Subcommittee on Regulatory Reform, Commercial And Antitrust Law02/27/2015 Referred to
03/02/2015 Hearings by
03/23/2015 Discharged from
Senate Judiciary01/11/2016 Referred to

A related bill may be a companion measure, an identical bill, a procedurally-related measure, or one with text similarities. Bill relationships are identified by the House, the Senate, or CRS, and refer only to same-congress measures.


Latest Summary (3)

There are 3 summaries for H.R.712. View summaries

Shown Here:
Passed House amended (01/07/2016)

Sunshine for Regulations and Regulatory Decrees and Settlements Act of 2016

TITLE I--SUNSHINE FOR REGULATORY DECREES AND SETTLEMENTS

Sunshine for Regulations and Regulatory Decrees and Settlements Act of 2016

(Sec. 102) This Act defines: (1) "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 private persons other than the person bringing the action or a state, local, or tribal government; and (2) "covered consent decree" or "covered settlement agreement" as a consent decree or settlement agreement entered into in a covered civil action and 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.

(Sec. 103) An agency against which a covered civil action is brought must 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.

The opportunity for affected parties to intervene in a covered civil action must conclude before a covered consent decree or settlement agreement may be entered by a court.

The Act sets forth factors that a court must be consider in granting a motion to intervene in a covered civil action or a civil action in which a covered consent decree or settlement agreement has been proposed. If the court grants intervention, it must conduct mediation or arbitration to settle a covered civil action and include any party that intervenes in the action.

The agency seeking to enter a covered consent decree or settlement agreement shall publish online and in the Federal Register, not later than 60 days before it is filed with the court, the proposed covered consent decree or settlement agreement and a statement providing the statutory basis for the decree or agreement and a description of its terms. The agency shall accept public comments during that period and may hold public hearings on whether to enter into a proposed covered consent decree or settlement agreement.

The Department of Justice (DOJ) or an agency head, if an agency is litigating a matter independently, must certify to the court that DOJ 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, that commit an agency to expend funds that have not been appropriated and budgeted or to seek a particular appropriation or budget authorization, that divest an agency of discretion committed to it by statute or the Constitution, or that 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, that interfere with the authority of an agency to revise, amend, or issue rules, or that 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.

A court considering a covered consent decree or settlement agreement must adopt a rebuttable presumption favoring participation of parties as amicus curiae and must ensure that a decree or agreement allows sufficient time and incorporates adequate procedures for agencies to comply with requirements of the Administrative Procedure Act and other applicable statutes that govern rulemaking and, unless contrary to the public interest, any executive order that governs rulemaking.

Each agency must submit to Congress an annual report that includes: (1) the number, identity, and content of covered civil actions brought against, and covered consent decrees or settlement agreements entered against or into by, the agency; and (2) any award of attorneys fees or costs in a civil action resolved by a covered consent decree or settlement agreement entered against or into by the agency.

(Sec. 104) A court must 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.

(Sec. 105) This Act is applicable to: (1) any covered civil action filed on or after its enactment date, and (2) any covered consent decree or settlement agreement proposed to a court on or after such date.

TITLE II--ALL ECONOMIC REGULATIONS ARE TRANSPARENT

All Economic Regulations are Transparent Act of 2016 or the ALERT Act of 2016

(Sec. 202) This Act requires each federal agency to submit a monthly report to the Office of Information and Regulatory Affairs (OIRA) of the Office of Management and Budget (OMB) for each rule such agency expects to propose or finalize during the following year. Such reports shall include: (1) a summary of the nature of the rule, including the regulation identifier and docket number for the rule; (2) the objectives of and legal basis for issuance of the rule; (3) the stage of the rulemaking as of the date of submission; and (4) whether the rule is subject to periodic review as a rule with a significant economic impact.

Each agency must submit a monthly report for any rule expected to be finalized during the following year for which the agency has issued a general notice of proposed rulemaking. Such reports must include an approximate schedule for completing action on the rule and an estimate of its cost and economic effects, including the imposition of unfunded mandates and impact on job creation. OIRA must make such monthly reports publicly available on the Internet.

OIRA must publish in the Federal Register, not later than October 1 of each year: (1) information that OIRA receives from each agency; (2) the number of rules and a list of each such rule that was proposed by each agency and each rule that was finalized by each agency; (3) the number of agency actions that repealed a rule, reduced the scope or cost of a rule, or accelerated the expiration date of a rule; (4) the total cost of all rules proposed or finalized; (5) the total costs of any unfunded mandates imposed by such rules; and (6) the number of rules for which an estimate of the cost of the rule was not available.

OIRA must make publicly available on the Internet, not later than October 1 of each year: (1) the analysis of the costs or benefits of each proposed or final rule issued by an agency for the previous year, (2) the docket number and regulation identifier number for each such rule, (3) the number of rules reviewed by OMB for the previous year, (4) the number of rules for which a review by the head of an agency was completed, (5) the number of rules submitted to the Government Accountability Office, and (6) the number of rules for which a resolution of disapproval was introduced in Congress.

A rule may not take effect until the information required by this Act is posted on the Internet for not less than six months, unless the agency proposing the rule seeks an exemption under the Freedom of Information Act or the President determines by executive order that such rule is necessary: (1) because of an imminent threat to health or safety or other emergency, (2) for the enforcement of criminal laws, (3) for national security, or (4) to implement an international trade agreement. This requirement is effective eight months after the enactment date of this Act.

TITLE III--PROVIDING ACCOUNTABILITY THROUGH TRANSPARENCY

Providing Accountability Through Transparency Act of 2016

(Sec. 302) This Act requires the general notice of proposed rule making by a federal agency to include the Internet address of a plain-language summary, not exceeding 100 words, of the proposed rule, which shall be posted on the regulations.gov website.