#aadth ,,congress #b;d ,session ,h4 ,r4 #gab ,,an ,,act ,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 thereof1 and for other purposes4 #a4 ,short title ,this ,act may be cited as the ,sunshine for ,regulations and ,regulatory ,decrees and ,settlements ,act of #bjaf4 #b4 ,table of contents ,the table of contents for this ,act is as follows3 ,sec4 #a4 ,short title4 ,sec4 #b4 ,table of contents4 ,title ,i--,sunshine for ,regulatory ,decrees and ,settlements ,sec4 #aja4 ,short title4 ,sec4 #ajb4 ,definitions4 ,sec4 #ajc4 ,consent decree and settlement reform4 ,sec4 #ajd4 ,motions to modify consent decrees4 ,sec4 #aje4 ,effective date4 ,title ,,ii--,all ,economic ,regulations are ,transparent ,sec4 #bja4 ,short title4 ,sec4 #bjb4 ,office of information and regulatory affairs publication of information relating to rules4 ,title ,,iii--,providing ,accountability ,through ,transparency ,sec4 #cja4 ,short title4 ,sec4 #cjb4 ,requirement to post a #ajj word summary to regulations4gov4 ,i ,sunshine for ,regulatory ,decrees and ,settlements #aja4 ,short title ,this title may be cited as the ,sunshine for ,regulations and ,regulatory ,decrees and ,settlements ,act of #bjaf4 #ajb4 ,definitions ,in this title-- 7#a7 the terms agency and agency action have the meanings given those terms under section #eea of title #e1 ,united ,states ,code2 7#b7 the term covered civil action means a civil action-- 7,a7 seeking to compel agency action2 7,b7 alleging that the agency is unlawfully withholding or unreasonably delaying an agency action relating to a regulatory action that would affect the rights of-- 7i7 private persons other than the person bringing the action2 or 7ii7 a ,state1 local1 or tribal government2 and 7,c7 brought under-- 7i7 chapter #g of title #e1 ,united ,states ,code2 or 7ii7 any other statute authorizing such an action2 7#c7 the term covered consent decree means-- 7,a7 a consent decree entered into in a covered civil action2 and 7,b7 any other consent decree that requires agency action relating to a regulatory action that affects the rights of-- 7i7 private persons other than the person bringing the action2 or 7ii7 a ,state1 local1 or tribal government2 7#d7 the term covered consent decree or settlement agreement means a covered consent decree and a covered settlement agreement2 and 7#e7 the term covered settlement agreement means-- 7,a7 a settlement agreement entered into in a covered civil action2 and 7,b7 any other settlement agreement that requires agency action relating to a regulatory action that affects the rights of-- 7i7 private persons other than the person bringing the action2 or 7ii7 a ,state1 local1 or tribal government4 #ajc4 ,consent decree and settlement reform 7a7 ,pleadings and preliminary matters 7#a7 ,in general ,in any covered civil action1 the agency against which the covered civil action is brought shall publish the notice of intent to sue and the complaint in a readily accessible manner1 including by making the notice of intent to sue and the complaint available online not later than #ae days after receiving service of the notice of intent to sue or complaint1 respectively4 7#b7 ,entry of a covered consent decree or settlement agreement ,a party may not make a motion for entry of a covered consent decree or to dismiss a civil action pursuant to a covered settlement agreement until after the end of proceedings in accordance with paragraph 7#a7 and subparagraphs 7,a7 and 7,b7 of paragraph 7#b7 of subsection 7d7 or subsection 7d77#c77;,a71 whichever is later4 7b7 ,intervention 7#a7 ,rebuttable presumption ,in considering 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 that is filed by a person who alleges that the agency action in dispute would affect the person1 the court shall presume1 subject to rebuttal1 that the interests of the person would not be represented adequately by the existing parties to the action4 7#b7 ,state1 local1 and tribal governments ,in considering 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 that is filed by a ,state1 local1 or tribal government1 the court shall take due account of whether the movant-- 7,a7 administers jointly with an agency that is a defendant in the action the statutory provisions that give rise to the regulatory action to which the action relates2 or 7,b7 administers an authority under ,state1 local1 or tribal law that would be preempted by the regulatory action to which the action relates4 7c7 ,settlement negotiations ,efforts to settle a covered civil action or otherwise reach an agreement on a covered consent decree or settlement agreement shall-- 7#a7 be conducted pursuant to the mediation or alternative dispute resolution program of the court or by a district judge other than the presiding judge1 magistrate judge1 or special master1 as determined appropriate by the presiding judge2 and 7#b7 include any party that intervenes in the action4 7d7 ,publication of and comment on covered consent decrees or settlement agreements 7#a7 ,in general ,not later than #fj days before the date on which a covered consent decree or settlement agreement is filed with a court1 the agency seeking to enter the covered consent decree or settlement agreement shall publish in the ,federal ,register and online-- 7,a7 the proposed covered consent decree or settlement agreement2 and 7,b7 a statement providing-- 7i7 the statutory basis for the covered consent decree or settlement agreement2 and 7ii7 a description of the terms of the covered consent decree or settlement agreement1 including whether it provides for the award of attorneys' fees or costs and1 if so1 the basis for including the award4 7#b7 ,public comment 7,a7 ,in general ,an agency seeking to enter a covered consent decree or settlement agreement shall accept public comment during the period described in paragraph 7#a7 on any issue relating to the matters alleged in the complaint in the applicable civil action or addressed or affected by the proposed covered consent decree or settlement agreement4 7,b7 ,response to comments ,an agency shall respond to any comment received under subparagraph 7,a74 7,c7 ,submissions to court ,when moving that the court enter a proposed covered consent decree or settlement agreement or for dismissal pursuant to a proposed covered consent decree or settlement agreement1 an agency shall-- 7i7 inform the court of the statutory basis for the proposed covered consent decree or settlement agreement and its terms2 7ii7 submit to the court a summary of the comments received under subparagraph 7,a7 and the response of the agency to the comments2 7iii7 submit to the court a certified index of the administrative record of the notice and comment proceeding2 and 7iv7 make the administrative record described in clause 7iii7 fully accessible to the court4 7,d7 ,inclusion in record ,the court shall include in the court record for a civil action the certified index of the administrative record submitted by an agency under subparagraph 7,c77iii7 and any documents listed in the index which any party or amicus curiae appearing before the court in the action submits to the court4 7#c7 ,public hearings permitted 7,a7 ,in general ,after providing notice in the ,federal ,register and online1 an agency may hold a public hearing regarding whether to enter into a proposed covered consent decree or settlement agreement4 7,b7 ,record ,if an agency holds a public hearing under subparagraph 7,a7-- 7i7 the agency shall-- 7,i7 submit to the court a summary of the proceedings2 7,,ii7 submit to the court a certified index of the hearing record2 and 7,,iii7 provide access to the hearing record to the court2 and 7ii7 the full hearing record shall be included in the court record4 7#d7 ,mandatory deadlines ,if a proposed covered consent decree or settlement agreement requires an agency action by a date certain1 the agency shall1 when moving for entry of the covered consent decree or settlement agreement or dismissal based on the covered consent decree or settlement agreement1 inform the court of-- 7,a7 any required regulatory action the agency has not taken that the covered consent decree or settlement agreement does not address2 7,b7 how the covered consent decree or settlement agreement1 if approved1 would affect the discharge of the duties described in subparagraph 7,a72 and 7,c7 why the effects of the covered consent decree or settlement agreement on the manner in which the agency discharges its duties is in the public interest4 7e7 ,submission by the government 7#a7 ,in general ,for any proposed covered consent decree or settlement agreement that contains a term described in paragraph 7#b71 the ,attorney ,general or1 if the matter is being litigated independently by an agency1 the head of the agency shall submit to the court a certification that the ,attorney ,general or head of the agency approves the proposed covered consent decree or settlement agreement4 ,the ,attorney ,general or head of the agency shall personally sign any certification submitted under this paragraph4 7#b7 ,terms ,a term described in this paragraph is-- 7,a7 in the case of a covered consent decree1 a term that-- 7i7 converts into a nondiscretionary duty a discretionary authority of an agency to propose1 promulgate1 revise1 or amend regulations2 7ii7 commits an agency to expend funds that have not been appropriated and that have not been budgeted for the regulatory action in question2 7iii7 commits an agency to seek a particular appropriation or budget authorization2 7iv7 divests an agency of discretion committed to the agency by statute or the ,constitution of the ,united ,states1 without regard to whether the discretion was granted to respond to changing circumstances1 to make policy or managerial choices1 or to protect the rights of third parties2 or 7v7 otherwise affords relief that the court could not enter under its own authority upon a final judgment in the civil action2 or 7,b7 in the case of a covered settlement agreement1 a term-- 7i7 that provides a remedy for a failure by the agency to comply with the terms of the covered settlement agreement other than the revival of the civil action resolved by the covered settlement agreement2 and 7ii7 that-- 7,i7 interferes with the authority of an agency to revise1 amend1 or issue rules under the procedures set forth in chapter #e of title #e1 ,united ,states ,code1 or any other statute or ,executive order prescribing rulemaking procedures for a rulemaking that is the subject of the covered settlement agreement2 7,,ii7 commits the agency to expend funds that have not been appropriated and that have not been budgeted for the regulatory action in question2 or 7,,iii7 for such a covered settlement agreement that commits the agency to exercise in a particular way discretion which was committed to the agency by statute or the ,constitution of the ,united ,states to respond to changing circumstances1 to make policy or managerial choices1 or to protect the rights of third parties4 7f7 ,review by court 7#a7 ,amicus ,a court considering a proposed covered consent decree or settlement agreement shall presume1 subject to rebuttal1 that it is proper to allow amicus participation relating to the covered consent decree or settlement agreement by any person who filed public comments or participated in a public hearing on the covered consent decree or settlement agreement under paragraph 7#b7 or 7#c7 of subsection 7d74 7#b7 ,review of deadlines 7,a7 ,proposed covered consent decrees ,for a proposed covered consent decree1 a court shall not approve the covered consent decree unless the proposed covered consent decree allows sufficient time and incorporates adequate procedures for the agency to comply with chapter #e of title #e1 ,united ,states ,code1 and other applicable statutes that govern rulemaking and1 unless contrary to the public interest1 the provisions of any ,executive order that governs rulemaking4 7,b7 ,proposed covered settlement agreements ,for a proposed covered settlement agreement1 a court shall ensure that the covered settlement agreement allows sufficient time and incorporates adequate procedures for the agency to comply with chapter #e of title #e1 ,united ,states ,code1 and other applicable statutes that govern rulemaking and1 unless contrary to the public interest1 the provisions of any ,executive order that governs rulemaking4 7g7 ,annual reports ,each agency shall submit to ,congress an annual report that1 for the year covered by the report1 includes-- 7#a7 the number1 identity1 and content of covered civil actions brought against and covered consent decrees or settlement agreements entered against or into by the agency2 and 7#b7 a description of the statutory basis for-- 7,a7 each covered consent decree or settlement agreement entered against or into by the agency2 and 7,b7 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 agency4 #ajd4 ,motions to modify consent decrees ,if an agency moves a court to modify a covered consent decree or settlement agreement and the basis of the motion is that the terms of the covered consent decree or settlement agreement are no longer fully in the public interest due to the obligations of the agency to fulfill other duties or due to changed facts and circumstances1 the court shall review the motion and the covered consent decree or settlement agreement de novo4 #aje4 ,effective date ,this title shall apply to-- 7#a7 any covered civil action filed on or after the date of enactment of this ,act2 and 7#b7 any covered consent decree or settlement agreement proposed to a court on or after the date of enactment of this ,act4 ,,ii ,all ,economic ,regulations are ,transparent #bja4 ,short title ,this title may be cited as the ,all ,economic ,regulations are ,transparent ,act of #bjaf or the ,,alert ,act of #bjaf4 #bjb4 ,office of information and regulatory affairs publication of information relating to rules 7a7 ,amendment ,title #e1 ,united ,states ,code1 is amended by inserting after chapter #f the following new chapter3 #f;,a ,,office ,,of ,,information ,,and ,,regulatory ,,affairs ,,publication ,,of ,,information ,,relating ,,to ,,rules #fea4 ,agency monthly submission to ,office of ,information and ,regulatory ,affairs4 #feb4 ,office of ,information and ,regulatory ,affairs publications4 #fec4 ,requirement for rules to appear in agency-specific monthly publication4 #fed4 ,definitions4 #fea4 ,agency monthly submission to ,office of ,information and ,regulatory ,affairs ,on a monthly basis1 the head of each agency shall submit to the ,administrator of the ,office of ,information and ,regulatory ,affairs 7referred to in this chapter as the ,administrator71 in such a manner as the ,administrator may reasonably require1 the following information3 7#a7 ,for each rule that the agency expects to propose or finalize during the #ab-month period following the month covered by the monthly submission3 7,a7 ,a summary of the nature of the rule1 including the regulation identifier number and the docket number for the rule4 7,b7 ,the objectives of and legal basis for the issuance of the rule1 including-- 7i7 any statutory or judicial deadline2 and 7ii7 whether the legal basis restricts or precludes the agency from conducting an analysis of the costs or benefits of the rule during the rule making1 and if not1 whether the agency plans to conduct an analysis of the costs or benefits of the rule during the rule making4 7,c7 ,whether the agency plans to claim an exemption from the requirements of section #eec pursuant to section #eec7;b77,b74 7,d7 ,the stage of the rule making as of the date of submission4 7,e7 ,whether the rule is subject to review under section #faj4 7#b7 ,for any rule that the agency expects to finalize during the #ab-month period following the month covered by the monthly submission and for which the agency has issued a general notice of proposed rule making-- 7,a7 an approximate schedule for completing action on the rule2 7,b7 an estimate of whether the rule will cost-- 7i7 less than #ej1jjj1jjj2 7ii7 #ej1jjj1jjj or more but less than #ajj1jjj1jjj2 7iii7 #ajj1jjj1jjj or more but less than #ejj1jjj1jjj2 7iv7 #ejj1jjj1jjj or more but less than #a1jjj1jjj1jjj2 7v7 #a1jjj1jjj1jjj or more but less than #e1jjj1jjj1jjj2 7vi7 #e1jjj1jjj1jjj or more but less than #aj1jjj1jjj1jjj2 or 7vii7 #aj1jjj1jjj1jjj or more2 and 7,c7 any estimate of the economic effects of the rule1 including the imposition of unfunded mandates and any estimate of the net effect that the rule will have on the number of jobs in the ,united ,states1 that was considered in drafting the rule1 or1 if no such estimate is available1 a statement affirming that no information on the economic effects1 including the effect on the number of jobs1 of the rule has been considered4 #feb4 ,office of ,information and ,regulatory ,affairs publications 7a7 ,agency-,specific information published monthly ,not later than #cj days after the submission of information pursuant to section #fea1 the ,administrator shall make such information publicly available on the ,internet4 7b7 ,cumulative assessment of agency rule making published annually 7#a7 ,publication in the federal register ,not later than ,october #a of each year1 the ,administrator shall publish1 in the ,federal ,register1 the following1 with respect to the previous year3 7,a7 ,the information that the ,administrator received from the head of each agency under section #fea4 7,b7 ,the number of rules and a list of each such rule-- 7i7 that was proposed by each agency1 including1 for each such rule1 an indication of whether the issuing agency conducted an analysis of the costs or benefits of the rule2 and 7ii7 that was finalized by each agency1 including for each such rule an indication of whether-- 7,i7 the issuing agency conducted an analysis of the costs or benefits of the rule2 7,,ii7 the agency claimed an exemption from the procedures under section #eec pursuant to section #eec7;b77,b72 and 7,,iii7 the rule was issued pursuant to a statutory mandate or the rule making is committed to agency discretion by law4 7,c7 ,the number of agency actions and a list of each such action taken by each agency that-- 7i7 repealed a rule2 7ii7 reduced the scope of a rule2 7iii7 reduced the cost of a rule2 or 7iv7 accelerated the expiration date of a rule4 7,d7 ,the total cost 7without reducing the cost by any offsetting benefits7 of all rules proposed or finalized1 the total cost of any unfunded mandates imposed by all such rules1 and the number of rules for which an estimate of the cost of the rule was not available4 7#b7 ,publication on the internet ,not later than ,october #a of each year1 the ,administrator shall make publicly available on the ,internet the following3 7,a7 ,the analysis of the costs or benefits1 if conducted1 for each proposed rule or final rule issued by an agency for the previous year4 7,b7 ,the docket number and regulation identifier number for each proposed or final rule issued by an agency for the previous year4 7,c7 ,the number of rules and a list of each such rule reviewed by the ,director of the ,office of ,management and ,budget for the previous year1 and the authority under which each such review was conducted4 7,d7 ,the number of rules and a list of each such rule for which the head of an agency completed a review under section #faj for the previous year4 7,e7 ,the number of rules and a list of each such rule submitted to the ,comptroller ,general under section #hja4 7,f7 ,the number of rules and a list of each such rule for which a resolution of disapproval was introduced in either the ,house of ,representatives or the ,senate under section #hjb4 #fec4 ,requirement for rules to appear in agency-specific monthly publication 7a7 ,in general ,subject to subsection 7b71 a rule may not take effect until the information required to be made publicly available on the ,internet regarding such rule pursuant to section #feb7;a7 has been so available for not less than #f months4 7b7 ,exceptions ,the requirement of subsection 7a7 shall not apply in the case of a rule-- 7#a7 for which the agency issuing the rule claims an exception under section #eec7;b77,b72 or 7#b7 which the ,president determines by ,executive order should take effect because the rule is-- 7,a7 necessary because of an imminent threat to health or safety or other emergency2 7,b7 necessary for the enforcement of criminal laws2 7,c7 necessary for national security2 or 7,d7 issued pursuant to any statute implementing an international trade agreement4 #fed4 ,definitions ,in this chapter1 the terms agency1 agency action1 rule1 and rule making have the meanings given those terms in section #eea1 and the term unfunded mandate has the meaning given the term ,federal mandate in section #dba7f7 of the ,congressional ,budget ,act of #aigd 7#b ,u4,s4,c4 #feh7f774 4 7b7 ,technical and conforming amendment ,the table of chapters for part ,i of title #e1 ,united ,states ,code1 is amended by inserting after the item relating to chapter #e the following3 #f4 ,the ,analysis of ,regulatory ,functions#fja #f;,a4 ,office of ,information and ,regulatory ,affairs ,publication of ,information ,relating to ,rules#fea 4 7c7 ,effective dates 7#a7 ,agency monthly submission to the office of information and regulatory affairs ,the first submission required pursuant to section #fea of title #e1 ,united ,states ,code1 as added by subsection 7a71 shall be submitted not later than #cj days after the date of the enactment of this ,act1 and monthly thereafter4 7#b7 ,cumulative assessment of agency rule making 7,a7 ,in general ,subsection 7b7 of section #feb of title #e1 ,united ,states ,code1 as added by subsection 7a71 shall take effect on the date that is #fj days after the date of the enactment of this ,act4 7,b7 ,deadline ,the first requirement to publish or make available1 as the case may be1 under subsection 7b7 of section #feb of title #e1 ,united ,states ,code1 as added by subsection 7a71 shall be the first ,october #a after the effective date of such subsection4 7,c7 ,first publication ,the requirement under section #feb7;b77#b77;,a7 of title #e1 ,united ,states ,code1 as added by subsection 7a71 shall include for the first publication1 any analysis of the costs or benefits conducted for a proposed or final rule1 for the #aj years before the date of the enactment of this ,act4 7#c7 ,requirement for rules to appear in agency-specific monthly publication ,section #fec of title #e1 ,united ,states ,code1 as added by subsection 7a71 shall take effect on the date that is #h months after the date of the enactment of this ,act4 ,,iii ,providing ,accountability ,through ,transparency #cja4 ,short title ,this title may be cited as the ,providing ,accountability ,through ,transparency ,act of #bjaf4 #cjb4 ,requirement to post a #ajj word summary to regulations4gov ,section #eec7;b7 of title #e1 ,united ,states ,code1 is amended-- 7#a7 in paragraph 7#b7 by striking 2 and and inserting 22 7#b7 in paragraph 7#c71 by striking the period at the end and inserting 2 and2 and 7#c7 by inserting after paragraph 7#c7 the following3 7#d7 the internet address of a summary of not more than #ajj words in length of the proposed rule1 in plain language1 that shall be posted on the internet website under section #bjf7;d7 of the ,e-,government ,act of #bjjb 7#dd ,u4,s4,c4 #ceja note7 7commonly known as regulations4gov72 4 ,passed the ,house of ,representatives ,january #g1 #bjaf4;,clerk4