In-Depth: Sponsoring Rep. Doug Collins (R-GA) introduced this bill to inhibit the ability of federal agencies to circumvent established regulatory processes by entering into so-called “sue and settle arrangements” using consent decrees:

“The Sunshine Act represents a commitment I made to regulatory reform in my first term in office. Consent decrees weren’t designed as tools for back-room deals without the input of the people they impact most. I’m proud to have worked with Senator Grassley to curb this mischief by bringing transparency and accountability to the federal rulemaking process. This legislation lessens the power of bureaucrats to burden hardworking Americans with rules that bog down our economy and erode Americans’ right to know about and respond to federal rulemaking.”

House Democrats expressed opposition to this bill, writing in its committee report:

“As with all the anti-regulatory proposals this Committee has considered in this Congress, H.R. 469 is a solution in search of a problem. Notwithstanding a lack of credible evidence that agencies ‘‘collude’’ with plaintiffs to enter consent decrees or settlement agreements, this legislation will impose new burdensome procedural requirements on agencies and courts. As a result, well-funded third-party interests will have further opportunities to delay the resolution of litigation intended to force agencies to meet their legal obligations. And, the bill will make it harder to resolve such litigation quickly and cost-effectively.”

This legislation passed the House Judiciary Committee on a party-line 15-8 vote and has the support of 21 cosponsors in the House, all of whom are Republicans.

Of Note: Congressman Collins’ press release notes that over 100 regulations were adopted through consent decrees and settlement agreements during the Obama administration, with a total estimated annual cost of more than $100 billion. Collins offered as an example the MACT Utility Rule, which has an annual cost of $9 billion and enacted emissions regulations outside the purview of the Clean Air Act through a consent decree responding to a lawsuit which cited the Clean Air Act.

Media:

• Sponsoring Rep. Doug Collins (R-GA) Press Release
  
• CBO Cost Estimate
  
• Bloomberg BNA
  
• Gainesville Times
  
• The Hill
  
• The Regulatory Review
  
• Washington Examiner
  
• U.S. Chamber of Commerce (In Favor)