Skip to main content
Federal & State Lawfederalstatelaw.com
Home/Federal/Bills (Live)
HOUSE 469115th CongressReceived in the Senate and Read twice and referred to the Committee on the Judiciary.

Congressional Article I Powers Strengthening Act

Last Action
10/26/2017

Actions

  • 2017-10-26Received in the Senate and Read twice and referred to the Committee on the Judiciary.
  • 2017-10-25Motion to reconsider laid on the table Agreed to without objection.
  • 2017-10-25On passage Passed by recorded vote: 234 - 187 (Roll no. 588). (text: CR H8199-8201)
  • 2017-10-25Passed/agreed to in House: On passage Passed by recorded vote: 234 - 187 (Roll no. 588).(text: CR H8199-8201)
  • 2017-10-25The 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.
  • 2017-10-25The previous question was ordered pursuant to the rule.
  • 2017-10-25The House rose from the Committee of the Whole House on the state of the Union to report H.R. 469.
  • 2017-10-25UNFINISHED 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.
  • 2017-10-25POSTPONED 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.
  • 2017-10-25DEBATE - 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.
  • 2017-10-25POSTPONED 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.
  • 2017-10-25DEBATE - 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.
  • 2017-10-25Subsequently, the Committee resumed its sitting.
  • 2017-10-25The Committee rose informally.
  • 2017-10-25POSTPONED 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.

Showing 15 of 20 actions. Full history on Congress.gov.

CRS Summary

As of 2017-01-12 (00)

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.

Cosponsors (20)

  • ROBERT GOODLATTE (R-VA)
  • Earl Carter (R-GA)
  • Eric Crawford (R-AR)
  • Scott Tipton (R-CO)
  • Paul Gosar (R-AZ)
  • Tom Marino (R-PA)
  • LAMAR SMITH (R-TX)
  • Robert Latta (R-OH)
  • Stevan Pearce (R-NM)
  • Blake Farenthold (R-TX)
  • Brian Babin (R-TX)
  • Andy Barr (R-KY)
  • Ted Yoho (R-FL)
  • STEVE CHABOT (R-OH)
  • Louie Gohmert (R-TX)
  • Kevin Cramer (R-ND)
  • Mike Coffman (R-CO)
  • Jason Smith (R-MO)
  • Steve King (R-IA)
  • Ted Budd (R-NC)

Subjects

  • Administrative law and regulatory procedures
  • Administrative remedies
  • Alternative dispute resolution, mediation, arbitration
  • Civil actions and liability
  • Government information and archives
  • Government liability
  • Judicial procedure and administration
  • Judicial review and appeals
  • Legal fees and court costs
Read on Congress.gov

Sourced from Congress.gov (public domain).

This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.