#aaeth ,,congress #ast ,session ,h4 ,r4 #dfi ,,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 title2 table of contents 7a7 ,short title ,this ,act may be cited as the ,congressional ,article ,i ,powers ,strengthening ,act4 7b7 ,table of contents ,the table of contents of this ,act is as follows3 ,sec4 #a4 ,short title2 table of contents4 ,title ,i--,sunshine for ,regulations and ,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--,judgment ,fund ,transparency ,sec4 #bja4 ,short title4 ,sec4 #bjb4 ,judgment fund transparency4 ,title ,,iii--,article ,i ,amicus and ,intervention ,sec4 #cja4 ,short title4 ,sec4 #cjb4 ,congressional intervention as of right4 ,sec4 #cjc4 ,intervention and amicus authority for house of representatives4 ,i ,sunshine for ,regulations and ,regulatory ,decrees and ,settlements #aja4 ,short title ,this title may be cited as the ,sunshine for ,regulations and ,regulatory ,decrees and ,settlements ,act of #bjag4 #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 title2 and 7#b7 any covered consent decree or settlement agreement proposed to a court on or after the date of enactment of this title4 ,,ii ,judgment ,fund ,transparency #bja4 ,short title ,this title may be cited as the ,judgment ,fund ,transparency ,act of #bjag4 #bjb4 ,judgment fund transparency 7a7 ,transparency requirement ,section #acjd of title #ca1 ,united ,states ,code1 is amended by adding at the end the following3 7d7 7#a7 ,unless the disclosure of such information is otherwise prohibited by law 7other than section #eeb;a of title #e1 ,united ,states ,code7 or court order1 the ,secretary of the ,treasury shall make available to the public on a website1 as soon as practicable1 but not later than #cj days after the date on which a payment under this section is tendered on or after ,january #a1 #bjaf1 the following information with regard to that payment3 7,a7 ,the name of the specific agency or entity whose actions gave rise to the claim or judgment4 7,b7 ,the name of the plaintiff or claimant4 7,c7 ,the name of counsel for the plaintiff or claimant4 7,d7 ,the amount paid representing principal liability1 and any amounts paid representing any ancillary liability1 including attorney fees1 costs1 and interest4 7,e7 ,a brief description of the facts that gave rise to the claim4 7,f7 ,the name of the agency that submitted the claim4 7,g7 ,any information available on reports generated by the ,judgment ,fund ,payment ,search administered by the ,treasury ,department4 7#b7 ,in addition to the information described in paragraph 7#a71 if a payment under this section is made to a foreign state on or after ,january #a1 #bjaf1 the ,secretary of the ,treasury shall make available to the public in accordance with paragraph 7#a71 the following information with regard to that payment3 7,a7 ,a description of the method of payment4 7,b7 ,a description of the currency denominations used for the payment4 7,c7 ,the name and location of each financial institution owned or controlled1 directly or indirectly1 by a foreign state or an agent of a foreign state through which the payment passed or from which the payment was withdrawn1 including any financial institution owned or controlled1 directly or indirectly1 by a foreign state or an agent of a foreign state that is holding the payment as of the date on which the information is made available4 7#c7 ,not later than ,january #a1 #bjah1 and annually thereafter1 the ,secretary of the ,treasury shall make available to the public on the website described in paragraph 7#a7-- 7,a7 the total amount paid under this section during the year preceding the date of the report2 and 7,b7 the amount paid under this section during the year preceding the date of the report-- 7i7 for attorney fees2 7ii7 for interest2 and 7iii7 for all other payments4 7#d7 ,in this subsection1 the term foreign state has the meaning given the term in section #afjc of title #bh4 7e7 ,except with regard to children under eighteen1 the disclosure of information required in this section shall not be considered a clearly unwarranted invasion of personal privacy for purposes of title #e1 ,united ,states ,code4 7f7 ,no payment may be made under this section to a state sponsor of terrorism1 as defined in section #afje;,a7h7 of title #bh1 or to an organization that has been designated as a foreign terrorist organization under section #bai of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #aahi74 4 7b7 ,implementation ,the ,secretary of the ,treasury shall carry out the amendment made by this section by not later than #fj days after the date of enactment of this title4 ,,iii ,article ,i ,amicus and ,intervention #cja4 ,short title ,this title may be cited as the ,article ,i ,amicus and ,intervention ,act of #bjag4 #cjb4 ,congressional intervention as of right 7a7 ,deadline for report on limitation on enforcement of laws ,paragraph 7#b7 of section #ecj;,d7b7 of title #bh1 ,united ,states ,code1 is amended to read as follows3 7#b7 under subsection 7a77#a77;,b71 within such time as will reasonably enable the ,house of ,representatives and the ,senate to take action1 separately or jointly1 to intervene in a timely fashion in the proceeding1 but in no event-- 7,a7 later than #cj days after the making of each determination2 and 7,b7 later than #ba days before any applicable deadline for filing any pleading necessary-- 7i7 to defend or assert the constitutionality of the provision at issue2 or 7ii7 to request review of any judicial1 administrative1 or other determination adversely affecting the constitutionality of such provision2 4 7b7 ,intervention as of right ,section #ecj;,d of title #bh1 ,united ,states ,code1 is amended by adding at the end the following3 7f7 ,intervention as of right ,the ,senate or ,house of ,representatives may intervene as of right in any proceeding referenced in subsection 7a77#a77;,b7 in order to defend or assert the constitutionality of any provision of any ,federal statute1 rule1 regulation1 program1 policy1 or other law1 or to appeal or request review of any judicial1 administrative1 or other determination adversely affecting the constitutionality of any such provision4 ,notwithstanding any otherwise applicable time limits or other provisions of law to the contrary1 if such intervention is filed not later than #ba days after receipt of the notice required by this section the intervention shall be deemed timely and shall preserve the right of the ,senate or ,house of ,representatives to advance any applicable legal arguments in favor of the constitutionality of any such provision4 4 #cjc4 ,intervention and amicus authority for house of representatives ,section #aja of the ,legislative ,branch ,appropriations ,act1 #bjjj 7#b ,u4,s4,c4 #eega71 is amended-- 7#a7 by striking subsection 7d72 and 7#b7 by inserting after subsection 7b7 the following 7and redesignating succeeding subsections accordingly73 7c7 ,house of representatives intervention and amicus authority 7#a7 ,actions or proceedings ,when directed to do so in accordance with the ,rules of the ,house of ,representatives1 the ,general ,counsel of the ,house of ,representatives shall intervene or appear as amicus curiae in the name of the ,house1 or in the name of an officer1 committee1 subcommittee1 or chair of a committee or subcommittee of the ,house1 or other entity of the ,house1 in any legal action or proceeding pending in any court of the ,united ,states or of a ,state or political subdivision thereof4 7#b7 ,intervention or appearance as of right ,intervention as a party or appearance as amicus curiae shall be of right and may be denied by a court only upon an express finding that such intervention or appearance is untimely and would significantly delay the pending action or1 in the case of intervention1 that standing to intervene is required and has not been established under section #b of article ,,iii of the ,constitution of the ,united ,states4 7#c7 ,rule of construction ,nothing in this section shall be construed to confer standing on any party seeking to bring1 or jurisdiction on any court with respect to1 any civil or criminal action against ,congress1 either ,house of ,congress1 a ,member of ,congress1 a committee or subcommittee of a ,house of ,congress1 any office or agency of ,congress1 or any officer or employee of a ,house of ,congress or any office or agency of ,congress4 4 ,passed the ,house of ,representatives ,october #be1 #bjag4;,clerk4