US HB469 | 2017-2018 | 115th Congress

Status

Spectrum: Partisan Bill (Republican 22-0)
Status: Engrossed on October 26 2017 - 50% progression, died in committee
Action: 2017-10-26 - Received in the Senate and Read twice and referred to the Committee on the Judiciary.
Pending: Senate Judiciary Committee
Text: Latest bill text (Engrossed) [PDF]

Summary

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.

Tracking Information

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Title

Congressional Article I Powers Strengthening Act

Sponsors


Roll Calls

2017-10-25 - House - On agreeing to the Johnson (GA) amendment (A003) H.Amdt.465 RC# 585 (Y: 185 N: 231 NV: 16 Abs: 0) [FAIL]
2017-10-25 - House - On agreeing to the McEachin amendment (A004) H.Amdt.466 RC# 586 (Y: 187 N: 226 NV: 19 Abs: 0) [FAIL]
2017-10-25 - House - On agreeing to the Cartwright amendment (A005) H.Amdt.467 RC# 587 (Y: 186 N: 232 NV: 14 Abs: 0) [FAIL]
2017-10-25 - House - On passage RC# 588 (Y: 234 N: 187 NV: 11 Abs: 0) [PASS]

History

DateChamberAction
2017-10-26SenateReceived in the Senate and Read twice and referred to the Committee on the Judiciary.
2017-10-25HouseMotion to reconsider laid on the table Agreed to without objection.
2017-10-25HouseOn passage Passed by recorded vote: 234 - 187 (Roll no. 588). (text: CR H8199-8201)
2017-10-25HouseThe 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.
2017-10-25HouseThe previous question was ordered pursuant to the rule.
2017-10-25HouseThe House rose from the Committee of the Whole House on the state of the Union to report H.R. 469.
2017-10-25HouseH.Amdt.467 On agreeing to the Cartwright amendment (A005) Failed by recorded vote: 186 - 232 (Roll no. 587).
2017-10-25HouseH.Amdt.466 On agreeing to the McEachin amendment (A004) Failed by recorded vote: 187 - 226 (Roll no. 586).
2017-10-25HouseH.Amdt.465 On agreeing to the Johnson (GA) amendment (A003) Failed by recorded vote: 185 - 231 (Roll no. 585).
2017-10-25HouseUNFINISHED 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.
2017-10-25HousePOSTPONED 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.
2017-10-25HouseDEBATE - 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.
2017-10-25HouseH.Amdt.467 Amendment (A005) offered by Mr. Cartwright. (consideration: CR H8205-8206; text: CR H8205)
2017-10-25HousePOSTPONED 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.
2017-10-25HouseDEBATE - 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.
2017-10-25HouseH.Amdt.466 Amendment (A004) offered by Mr. McEachin. (consideration: CR H8204-8205; text: CR H8204)
2017-10-25HouseSubsequently, the Committee resumed its sitting.
2017-10-25HouseThe Committee rose informally.
2017-10-25HousePOSTPONED 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.
2017-10-25HouseDEBATE - 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.
2017-10-25HouseH.Amdt.465 Amendment (A003) offered by Mr. Johnson (GA). (consideration: CR H8203-8204; text: CR H8203)
2017-10-25HouseH.Amdt.464 On agreeing to the Conyers amendment (A002) Failed by voice vote.
2017-10-25HouseDEBATE - 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.
2017-10-25HouseH.Amdt.464 Amendment (A002) offered by Mr. Conyers. (consideration: CR H8202-8203; text: CR H8202)
2017-10-25HouseH.Amdt.463 On agreeing to the Collins (GA) amendment (A001) Agreed to by voice vote.
2017-10-25HouseDEBATE - 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.
2017-10-25HouseH.Amdt.463 Amendment (A001) offered by Mr. Collins (GA). (consideration: CR H8202; text: CR H8202)
2017-10-25HouseGENERAL DEBATE - The Committee of the Whole proceeded with one hour of general debate on H.R. 469.
2017-10-25HouseHouse resolved itself into the Committee of the Whole House on the state of the Union pursuant to H. Res. 577 and Rule XVIII.
2017-10-25HouseThe Speaker designated the Honorable John J. Duncan, Jr. to act as Chairman of the Committee.
2017-10-25HouseRule 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.
2017-10-25HouseConsidered under the provisions of rule H. Res. 577. (consideration: CR H8194-8209)
2017-10-24HouseORDER 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)
2017-10-23HouseRules 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.
2017-10-16HousePlaced on the Union Calendar, Calendar No. 251.
2017-10-16HouseReported by the Committee on Judiciary. H. Rept. 115-347.
2017-07-12HouseOrdered to be Reported by the Yeas and Nays: 15 - 8.
2017-07-12HouseCommittee Consideration and Mark-up Session Held.
2017-02-06HouseReferred to the Subcommittee on Regulatory Reform, Commercial And Antitrust Law.
2017-01-12HouseReferred to the House Committee on the Judiciary.
2017-01-12HouseIntroduced in House

Same As/Similar To

SB119 (Related) 2017-01-12 - Read twice and referred to the Committee on the Judiciary. (Sponsor introductory remarks on measure: CR S315-316)
HR577 (Related) 2017-10-24 - Motion to reconsider laid on the table Agreed to without objection.
HB1096 (Related) 2017-10-16 - Placed on the Union Calendar, Calendar No. 252.
HB4070 (Related) 2017-10-16 - Referred to the House Committee on the Judiciary.

Subjects


US Congress State Sources


Bill Comments

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