S 378 · 114th Congress 2015–2017, ended

Sunshine for Regulatory Decrees and Settlements Act of 2015

Fact sheet

Latest action · Feb 4, 2015 Read twice and referred to the Committee on the Judiciary. (Sponsor introductory remarks on measure: CR S777-778; text of measure as introduced: CR S778-779)

Progress

Where this bill reached, and when. A stage with no date was not reached; one that failed a vote and later carried shows the date it carried.

  1. IntroducedFeb 4, 2015
  2. Passed SenateNot reached
  3. Passed HouseNot reached
  4. To the PresidentNot reached
  5. Became lawNot reached

Summary

Sunshine for Regulatory Decrees and Settlements Act of 2015 

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 consent decree" or 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 that affects the rights of such persons or governments.

Requires an agency against which a covered civil action is brought to 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

Requires an agency seeking to enter a covered consent decree or settlement agreement to publish such decree or 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 decree or 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: (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, commit an agency to expend funds that have not been appropriated and budgeted or to seek a particular appropriation or budget authorization, divest an agency of discretion committed to it by statute or the Constitution, or 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, interfere with the authority of an agency to revise, amend, or issue rules, or 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.

Requires a court to 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.

Cosponsors 12

Members who signed on, in the order they did. All signed on Feb 4, 2015.

SeatCosponsorSigned on
R-COCory GardnerOriginalFeb 4, 2015
R-NEDeb FischerOriginalFeb 4, 2015
R-OKJames M. InhofeOriginalFeb 4, 2015
R-AZJeff FlakeOriginalFeb 4, 2015
R-TXJohn CornynOriginalFeb 4, 2015
R-FLMarco RubioOriginalFeb 4, 2015
R-UTMike LeeOriginalFeb 4, 2015
R-UTOrrin G. HatchOriginalFeb 4, 2015
R-KYRand PaulOriginalFeb 4, 2015
R-MORoy BluntOriginalFeb 4, 2015
R-WVShelley Moore CapitoOriginalFeb 4, 2015
R-TXTed CruzOriginalFeb 4, 2015

Actions 2

Everything that happened, newest first.

  1. Feb 4, 2015Introduced in Senate
  2. Feb 4, 2015Read twice and referred to the Committee on the Judiciary. (Sponsor introductory remarks on measure: CR S777-778; text of measure as introduced: CR S778-779)

Related bills 1

Companion bills and other measures the record links to this one.

BillTitleRelationshipLatest action
HR 712Sunshine for Regulations and Regulatory Decrees and Settlements Act of 2016Identical billJan 11, 2016

Subjects

Assigned by the Library of Congress. Policy area: Government Operations and Politics.

Text 1

Each version as it was printed, newest first.

  1. Feb 4, 2015Introduced in Senate

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Everything here is as published by Congress: the summary is the Congressional Research Service's, the action wording is the clerks', and the subjects are the Library of Congress's. How far it got is read from the actions themselves, taking the most recent one of each kind, so a bill that failed a vote and later passed is shown as having passed. Records come from this bill on Congress.gov and govinfo.gov.