United States 115th Congress Status: Passed House 1 R cosponsors

HR 469 — Congressional Article I Powers Strengthening Act

Last action — Received in the Senate and Read twice and referred to the Committee on the Judiciary.

  1. ✓
    Introduced
  2. ✓
    In Committee
  3. 3
    Passed House
  4. 4
    Passed Senate
  5. 5
    To Executive
  6. 6
    Enacted

This bill died with 115th Congress. It reached “Passed House” and never advanced before the session ended, so it can no longer move — a new version would have to be reintroduced in the current session.

This bill is no longer active — its legislative session has ended, so there are no live odds of enactment. It would have to be reintroduced in the current session to move again.

In plain language

The bill limits agency consent decrees and settlements requiring regulatory action.

This bill aims to impose restrictions on how agencies can enter consent decrees and settle lawsuits that involve regulatory actions. It ensures that relevant parties, especially those affected by agency actions, have a chance to participate in these proceedings.

Summary

Sunshine for Regulations and Regulatory Decrees and Settlements Act of 2017 This bill establishes public notice and comment procedures and motion to intervene standards for civil actions seeking to compel agency action and alleging that an agency is unlawfully withholding or unreasonably delaying an agency action, and for consent decrees or settlement agreements that require agency action, relating to a regulatory action that would affect the rights of: (1) private persons other than the person bringing the action; or (2) a state, local, or tribal government. The bill sets forth requirements for: agencies against which such an action is brought to publish online, within 15 days after receipt, the notice of intent to sue and the complaint; courts to consider motions to intervene and allow amicus participation; and any settlement proceedings to include intervening parties and to be conducted pursuant to the mediation or alternative dispute resolution program of the court or by a district judge. Agencies seeking to enter such a consent decree or settlement agreement must: publish, and accept and respond to public comment on, the proposed agreement or decree for 60 days before filing it with the court; and make available to the court the administrative record and a summary of public comments and any public hearings. The Department of Justice, or an agency litigating a matter independently, must certify to the court its approval of such proposed: (1) consent decrees that include 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) settlement agreements that include 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. Courts: (1) shall not approve such consent decrees or settlement agreements unless they allow sufficient time and procedures to comply with the Administrative Procedure Act, rulemaking statutes, and executive orders; and (2) shall grant de novo review if an agency files a motion to modify such a decree or agreement on the basis that its terms are no longer fully in the public interest due to changed facts and circumstances or the agency's obligations to fulfill other duties.

Bill Text

What changed in the latest version

5 added · 1 removed

Plain-language change summary

The text indicates that HR 469 was received by the Senate, read twice, and referred to the Committee on the Judiciary as of October 26, 2017. It also shows that a line indicating the bill was engrossed in the House has been removed. This change clarifies the current status of the bill in the legislative process.

→
Previous
Latest
469 Engrossed in House (EH)] <DOC> 115th CONGRESS 1st Session H.
469 Referred in Senate (RFS)] <DOC> 115th CONGRESS 1st Session H.
469 _______________________________________________________________________ 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 thereof, and for other purposes.
469 _______________________________________________________________________ IN THE SENATE OF THE UNITED STATES October 26, 2017 Received;
read twice and referred to the Committee on the Judiciary _______________________________________________________________________ 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 thereof, and for other purposes.
Clerk.
KAREN L.
115th CONGRESS 1st Session H.
HAAS, Clerk.
R.
469 _______________________________________________________________________ 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 thereof, and for other purposes.
⬇ Download PDF
View plain text versions (4)

Action History

  1. Introduced in House

  2. Introduced in House

  3. Referred to the House Committee on the Judiciary.

  4. Referred to the Subcommittee on Regulatory Reform, Commercial And Antitrust Law.

  5. Committee Consideration and Mark-up Session Held.

  6. Ordered to be Reported by the Yeas and Nays: 15 - 8.

  7. Reported by the Committee on Judiciary. H. Rept. 115-347.

  8. Reported by the Committee on Judiciary. H. Rept. 115-347.

  9. Placed on the Union Calendar, Calendar No. 251.

  10. Rules Committee Resolution H. Res. 577 Reported to House. Rule provides for consideration of H.R. 469 and H.R. 732. Measure will be considered read. Specified amendments are in order. Rule provides for one hour of general debate for H.R. 469. The rule also provides for consideration of amendments printed in part A of the report. The rule provides for one hour of general debate for H.R. 732. The rule provides for consideration of amendments printe in part B of the report.

  11. ORDER OF PROCEDURE - Mr. Collins(GA) asked unanimous consent that during consideration of H.R. 469, pursuant to H.Res. 577, the amendment at the desk be in order in lieu of the amendment printed in part A of House Report 115-363 and numbered 2. Agreed to without objection (consideration: CR H8097; text: CR H8097)

  12. Considered under the provisions of rule H. Res. 577. (consideration: CR H8194-8209)

  13. Rule provides for consideration of H.R. 469 and H.R. 732. Measure will be considered read. Specified amendments are in order. Rule provides for one hour of general debate for H.R. 469. The rule also provides for consideration of amendments printed in part A of the report. The rule provides for one hour of general debate for H.R. 732. The rule provides for consideration of amendments printe in part B of the report.

  14. The Speaker designated the Honorable John J. Duncan, Jr. to act as Chairman of the Committee.

  15. House resolved itself into the Committee of the Whole House on the state of the Union pursuant to H. Res. 577 and Rule XVIII.

  16. GENERAL DEBATE - The Committee of the Whole proceeded with one hour of general debate on H.R. 469.

  17. DEBATE - Pursuant to the provisions of H. Res. 577, the Committee of the Whole proceeded with 10 minutes of debate on the Collins (GA) amendment No. 1.

  18. DEBATE - Pursuant to the provisions of H. Res. 577, the Committee of the Whole proceeded with 10 minutes of debate on the Conyers amendment No. 2.

  19. DEBATE - Pursuant to the provisions of H. Res. 577, the Committee of the Whole proceeded with 10 minutes of debate on the Johnson (GA) amendment No. 3.

  20. POSTPONED 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 vote, and the Chair postponed further proceedings on the question of adoption of the amendment until a time to be announced.

  21. The Committee rose informally.

  22. Subsequently, the Committee resumed its sitting.

  23. DEBATE - Pursuant to the provisions of H. Res. 577, the Committee of the Whole proceeded with 10 minutes of debate on the McEachin amendment No. 4.

  24. POSTPONED PROCEEDINGS - At the conclusion of debate on the McEachin amendment, the Chair put the question on adoption of the amendment and by voice vote announced that the noes had prevailed. Mr. McEachin demanded a recorded vote, and the Chair postponed further proceedings on the question of adoption of the amendment until a time to be announced.

  25. DEBATE - Pursuant to the provisions of H. Res. 577, the Committee of the Whole proceeded with 10 minutes of debate on the Cartwright amendment No. 6.

  26. POSTPONED PROCEEDINGS - At the conclusion of debate on the Cartwright amendment, the Chair put the question on adoption of the amendment and by voice vote announced that the noes had prevailed. Mr. Cartwright demanded a recorded vote, and the Chair postponed further proceedings on the question of adoption of the amendment until a time to be announced.

  27. UNFINISHED BUSINESS - The Chair announced that the unfinished business was on adoption of amendments, which had been debated earlier and on which further proceedings had been postponed.

  28. The House rose from the Committee of the Whole House on the state of the Union to report H.R. 469.

  29. The previous question was ordered pursuant to the rule.

  30. The 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.

  31. Passed/agreed to in House: On passage Passed by recorded vote: 234 - 187 (Roll no. 588).(text: CR H8199-8201)

  32. On passage Passed by recorded vote: 234 - 187 (Roll no. 588). (text: CR H8199-8201)

  33. Motion to reconsider laid on the table Agreed to without objection.

  34. Received in the Senate and Read twice and referred to the Committee on the Judiciary.

Sponsors

Sponsorship breakdown

Export CSV (upgrade) →

1 sponsors · 0 co-sponsors · 546 not signed on

Sponsors (1)

Co-sponsors (0)

None.

Not signed on (546)

546 members have not signed on to this bill.

Show all 546 →

"Not signed on" means a member has not sponsored or co-sponsored this bill — it does not imply opposition. Members flagged Voted No have a recorded No vote on this bill.

Whip count is in markup. Polling the chamber and every recorded vote this session. Only the first open is slow. It’s instant for you after this. Calling the roll · Tallying · Engrossing

Subjects

elections
Cross-referencing the record. Reading this bill against every other bill in the corpus by meaning, not keywords. Only the first open is slow. It’s instant for you after this. Matching · Ranking · Engrossing

Frequently asked questions

What does HR 469 do?
Sunshine for Regulations and Regulatory Decrees and Settlements Act of 2017 This bill establishes public notice and comment procedures and motion to intervene standards for civil actions seeking to compel agency action and alleging that an agency is unlawfully withholding or unreasonably delaying an agency action, and for consent decrees or settlement agreements that require agency action, relating to a regulatory action that would affect the rights of: (1) private persons other than the person bringing the action; or (2) a state, local, or tribal government. The bill sets forth requirements for: agencies against which such an action is brought to publish online, within 15 days after receipt, the notice of intent to sue and the complaint; courts to consider motions to intervene and allow amicus participation; and any settlement proceedings to include intervening parties and to be conducted pursuant to the mediation or alternative dispute resolution program of the court or by a district judge. Agencies seeking to enter such a consent decree or settlement agreement must: publish, and accept and respond to public comment on, the proposed agreement or decree for 60 days before filing it with the court; and make available to the court the administrative record and a summary of public comments and any public hearings. The Department of Justice, or an agency litigating a matter independently, must certify to the court its approval of such proposed: (1) consent decrees that include 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) settlement agreements that include 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. Courts: (1) shall not approve such consent decrees or settlement agreements unless they allow sufficient time and procedures to comply with the Administrative Procedure Act, rulemaking statutes, and executive orders; and (2) shall grant de novo review if an agency files a motion to modify such a decree or agreement on the basis that its terms are no longer fully in the public interest due to changed facts and circumstances or the agency's obligations to fulfill other duties.
Who sponsors HR 469?
HR 469 is sponsored by Collins, Doug (Republican).
What is the current status of HR 469?
This bill died with 115th Congress. It reached “Passed House” and never advanced before the session ended, so it can no longer move — a new version would have to be reintroduced in the current session.
Where can I track HR 469?
Track HR 469 free on One Click Politics — get push/email alerts when it moves.

Make your voice heard on HR 469

Find the representatives who decide this bill and tell them where you stand — for yourself, or mobilize your whole list in one click with One Click Politics advocacy software.

Find my representatives → Run a campaign

Stay ahead of HR 469

Last checked for changes 3 months ago · updated continuously

One Click Politics tracks every bill in Congress and all 50 states.

Track this bill →