H.R. 469 - 115th Congress (2017-2018) - Congressional Article I Powers Strengthening Act

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.

Text (4)

October 26, 2017

October 25, 2017

October 16, 2017

January 12, 2017

Amendments (5)

Oct 25, 2017

Not Agreed to in House

Sponsorship

House Amendment 467

Amendment sought to create additional exception for consent decrees or settlement agreements entered into pursuant to Meese Policy (28 C.F.R. Sec. 0.160-0.163 (2017)).

Active

Oct 25, 2017

Not Agreed to in House

Sponsorship

House Amendment 466

Amendment sought to exempt any consent decree or settlement agreement pertaining to the improvement or maintenance of air or water quality.

Active

Oct 25, 2017

Not Agreed to in House

Sponsorship

House Amendment 465

Amendment sought to exempt any consent decree or covered settlement agreement pertaining to a deadline established by Congress to significantly improve access to high-speed broadband in under-served markets, such as low-income and rural communities.

Active

Oct 25, 2017

Not Agreed to in House

Sponsorship

House Amendment 464

An amendment numbered 2 printed in Part A of House Report 115-363 to call for exception for consent decrees or settlement agreements relating to the enforcement of civil rights laws.

Active

Oct 25, 2017

Agreed to in House

Sponsorship

House Amendment 463

An amendment numbered 1 printed in Part A of House Report 115-363 to clarify the application of 5 USC 552a (The Privacy Act) to the bill.

Agreed To

Actions (32)

Show Only Major Actions

10/26/2017

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

10/25/2017

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

10/25/2017

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

10/25/2017

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

10/25/2017

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.

10/25/2017

The previous question was ordered pursuant to the rule.

10/25/2017

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

10/25/2017

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.

10/25/2017

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.

10/25/2017

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.

10/25/2017

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.

10/25/2017

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.

10/25/2017

Subsequently, the Committee resumed its sitting.

10/25/2017

The Committee rose informally.

10/25/2017

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.

10/25/2017

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.

10/25/2017

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.

10/25/2017

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.

10/25/2017

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

10/25/2017

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

10/25/2017

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

10/25/2017

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.

10/25/2017

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

10/24/2017

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)

10/23/2017

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.

10/16/2017

Placed on the Union Calendar, Calendar No. 251.

10/16/2017

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

07/12/2017

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

07/12/2017

Committee Consideration and Mark-up Session Held.

02/06/2017

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

01/12/2017

Referred to the House Committee on the Judiciary.

01/12/2017

Introduced in House

Public Record

Record Updated

Jan 11, 2023 1:34:25 PM