Summary

This bill aims to impose certain limitations on consent decrees and settlement agreements by agencies that require them to take regulatory action according to their terms.

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HR 3446

SEC. 1. SHORT TITLE

This Act may be cited as the “Limiting Consent Decrees and Settlement Agreements” Act.

SEC. 2. FINDINGS AND PURPOSES

(a) Findings—Congress finds that—

1. The terms of a consent decree or settlement agreement may not be fully in the public interest due to the obligations of an agency to fulfill other duties.
2. Changing facts and circumstances may affect the adequacy of a consent decree or settlement agreement.
3. Agencies have been reluctant to pursue certain regulatory actions that are necessary for compliance with their terms.

SEC. 3. DEFINITIONS

(a) In this Act, the following definitions apply:

• Civil action: The term “civil action” has the meaning given by section 1331 of title 28, United States Code.
• Consent decree or settlement agreement: The terms “consent decree” and “settlement agreement” have the meanings given in subsection (b).

SEC. 4. MOTIONS TO MODIFY CONSENT DECREES

(a) In General—If an agency moves a court to modify a consent decree or settlement agreement, the court shall review the motion and the consent decree or settlement agreement de novo.

SEC. 5. EFFECTIVE DATE

This Act applies to—

<li any civil action filed on or after the date of enactment of this Act;

<li any consent decree or settlement agreement proposed to a court on or after the date of enactment of this Act.