S. 3382 (112th): Sunshine for Regulatory Decrees and Settlements Act of 2012

Jul 12, 2012 (112th Congress, 2011–2013)
Died (Referred to Committee)
Charles “Chuck” Grassley
Senior Senator from Iowa
Read Text »
Last Updated
Jul 12, 2012
13 pages
Related Bills
S. 714 (113th) was a re-introduction of this bill in a later Congress.

Referred to Committee
Last Action: Apr 11, 2013

H.R. 3862 (Related)
Sunshine for Regulatory Decrees and Settlements Act of 2012

Reported by Committee
Last Action: Mar 27, 2012


This bill was introduced on July 12, 2012, in a previous session of Congress, but was not enacted.

Introduced Jul 12, 2012
Referred to Committee Jul 12, 2012
Full Title

A bill 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.


No summaries available.

6 cosponsors (6R) (show)

Senate Judiciary

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Primary Source

THOMAS.gov (The Library of Congress)

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GovTrack’s Bill Summary

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Library of Congress Summary

The summary below was written by the Congressional Research Service, which is a nonpartisan division of the Library of Congress.

Sunshine for Regulatory Decrees and Settlements Act of 2012 - 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 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.
Requires an agency against which a covered civil action is brought to publish the complaint in a readily accessible manner and to provide interested parties an opportunity to intervene and to conduct settlement negotiations through mediation.
Requires an agency seeking to enter a covered settlement agreement to publish such 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 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 any proposed covered settlement agreement that includes terms that:
(1) convert into a duty a discretionary authority of an agency to propose, promulgate, revise, or amend regulations;
(2) commit an agency to expend funds that have not been appropriated and budgeted;
(3) commit an agency to seek a particular appropriation or budget authorization;
(4) divest an agency of discretion committed to it by statute or the Constitution; or
(5) otherwise afford any relief that the court could not enter under its own authority.
Requires a court to grant de novo review of a covered settlement agreement if an agency files a motion to modify such 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.

House Republican Conference Summary

The summary below was written by the House Republican Conference, which is the caucus of Republicans in the House of Representatives.

No summary available.

House Democratic Caucus Summary

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