H.R. 469 — what changed

added This title may be cited as the “Sunshine for Regulations and Regulatory Decrees and Settlements Act of 2017”.

added In this title—

added If an agency moves a court to modify a covered consent decree or settlement agreement and the basis of the motion is that the terms of the covered consent decree or settlement agreement are no longer fully in the public interest due to the obligations of the agency to fulfill other duties or due to changed facts and circumstances, the court shall review the motion and the covered consent decree or settlement agreement de novo.

added This title shall apply to—

added This title may be cited as the “Judgment Fund Transparency Act of 2017”.

added “(d)

added “(1) Unless the disclosure of such information is otherwise prohibited by law (other than section 552a of title 5, United States Code) or court order, the Secretary of the Treasury shall make available to the public on a website, as soon as practicable, but not later than 30 days after the date on which a payment under this section is tendered on or after January 1, 2016, the following information with regard to that payment:

added “(A) The name of the specific agency or entity whose actions gave rise to the claim or judgment.

added “(B) The name of the plaintiff or claimant.

added “(C) The name of counsel for the plaintiff or claimant.

added “(D) The amount paid representing principal liability, and any amounts paid representing any ancillary liability, including attorney fees, costs, and interest.

added “(E) A brief description of the facts that gave rise to the claim.

added “(F) The name of the agency that submitted the claim.

added “(G) Any information available on reports generated by the Judgment Fund Payment Search administered by the Treasury Department.

added “(2) In addition to the information described in paragraph (1), if a payment under this section is made to a foreign state on or after January 1, 2016, the Secretary of the Treasury shall make available to the public in accordance with paragraph (1), the following information with regard to that payment:

added “(A) A description of the method of payment.

added “(B) A description of the currency denominations used for the payment.

added “(C) The name and location of each financial institution owned or controlled, directly or indirectly, by a foreign state or an agent of a foreign state through which the payment passed or from which the payment was withdrawn, including any financial institution owned or controlled, directly or indirectly, by a foreign state or an agent of a foreign state that is holding the payment as of the date on which the information is made available.

added “(3) Not later than January 1, 2018, and annually thereafter, the Secretary of the Treasury shall make available to the public on the website described in paragraph (1)—

added “(A) the total amount paid under this section during the year preceding the date of the report; and

added “(B) the amount paid under this section during the year preceding the date of the report—

added “(i) for attorney fees;

added “(ii) for interest; and

added “(iii) for all other payments.

added “(4) In this subsection, the term “foreign state” has the meaning given the term in section 1603 of title 28.

added “(e) Except with regard to children under eighteen, the disclosure of information required in this section shall not be considered a “clearly unwarranted invasion of personal privacy” for purposes of title 5, United States Code.

added “(f) No payment may be made under this section to a state sponsor of terrorism, as defined in section 1605A(h) of title 28, or to an organization that has been designated as a foreign terrorist organization under section 219 of the Immigration and Nationality Act (8 U.S.C. 1189).”

added This title may be cited as the “Article I Amicus and Intervention Act of 2017”.

added “(2) under subsection (a)(1)(B), within such time as will reasonably enable the House of Representatives and the Senate to take action, separately or jointly, to intervene in a timely fashion in the proceeding, but in no event—

added “(A) later than 30 days after the making of each determination; and

added “(B) later than 21 days before any applicable deadline for filing any pleading necessary—

added “(i) to defend or assert the constitutionality of the provision at issue; or

added “(ii) to request review of any judicial, administrative, or other determination adversely affecting the constitutionality of such provision;”

added “(f) Intervention as of right—The Senate or House of Representatives may intervene as of right in any proceeding referenced in subsection (a)(1)(B) in order to defend or assert the constitutionality of any provision of any Federal statute, rule, regulation, program, policy, or other law, or to appeal or request review of any judicial, administrative, or other determination adversely affecting the constitutionality of any such provision. Notwithstanding any otherwise applicable time limits or other provisions of law to the contrary, if such intervention is filed not later than 21 days after receipt of the notice required by this section the intervention shall be deemed timely and shall preserve the right of the Senate or House of Representatives to advance any applicable legal arguments in favor of the constitutionality of any such provision.”

added Section 101 of the Legislative Branch Appropriations Act, 2000 (2 U.S.C. 5571), is amended—

added “(c) House of representatives intervention and amicus authority

added “(1) Actions or proceedings—When directed to do so in accordance with the Rules of the House of Representatives, the General Counsel of the House of Representatives shall intervene or appear as amicus curiae in the name of the House, or in the name of an officer, committee, subcommittee, or chair of a committee or subcommittee of the House, or other entity of the House, in any legal action or proceeding pending in any court of the United States or of a State or political subdivision thereof.

added “(2) Intervention or appearance as of right—Intervention as a party or appearance as amicus curiae shall be of right and may be denied by a court only upon an express finding that such intervention or appearance is untimely and would significantly delay the pending action or, in the case of intervention, that standing to intervene is required and has not been established under section 2 of article III of the Constitution of the United States.

added “(3) Rule of construction—Nothing in this section shall be construed to confer standing on any party seeking to bring, or jurisdiction on any court with respect to, any civil or criminal action against Congress, either House of Congress, a Member of Congress, a committee or subcommittee of a House of Congress, any office or agency of Congress, or any officer or employee of a House of Congress or any office or agency of Congress.”