Sunshine for Regulatory Decrees and Settlements Act of 2025

[Congressional Bills 119th Congress]
[From the U.S. Government Publishing Office]
[H.R. 6622 Introduced in House (IH)]

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119th CONGRESS
  1st Session
                                H. R. 6622

    To impose certain limitations on consent decrees and settlement
  agreements by agencies that require the agencies to take regulatory
  action in accordance with the terms thereof, and for other purposes.

_______________________________________________________________________

                    IN THE HOUSE OF REPRESENTATIVES

                           December 11, 2025

Mr. Cline (for himself and Mr. Tiffany) introduced the following bill;
          which was referred to the Committee on the Judiciary

_______________________________________________________________________

                                 A BILL

    To impose certain limitations on consent decrees and settlement
  agreements by agencies that require the agencies to take regulatory
  action in accordance with the terms thereof, and for other purposes.

    Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Sunshine for Regulatory Decrees and
Settlements Act of 2025''.

SEC. 2. DEFINITIONS.

    In this Act--
            (1) the terms ``agency'' and ``agency action'' have the
        meanings given those terms under section 551 of title 5, United
        States Code;
            (2) the term ``covered civil action'' means a civil
        action--
                    (A) seeking to compel agency action;
                    (B) alleging that an agency is unlawfully
                withholding or unreasonably delaying an agency action
                relating to a regulatory action that would affect the
                rights of--
                            (i) private persons other than the person
                        bringing the action; or
                            (ii) a State, local, or tribal government;
                        and
                    (C) brought under--
                            (i) chapter 7 of title 5, United States
                        Code; or
                            (ii) any other statute authorizing such an
                        action;
            (3) the term ``covered consent decree'' means--
                    (A) a consent decree entered into in a covered
                civil action; and
                    (B) any other consent decree that requires agency
                action relating to a regulatory action that affects the
                rights of--
                            (i) private persons other than the person
                        bringing the action; or
                            (ii) a State, local, or tribal government;
            (4) the term ``covered consent decree or settlement
        agreement'' means a covered consent decree and a covered
        settlement agreement; and
            (5) the term ``covered settlement agreement'' means--
                    (A) a settlement agreement entered into in a
                covered civil action; and
                    (B) any other settlement agreement that requires
                agency action relating to a regulatory action that
                affects the rights of--
                            (i) private persons other than the person
                        bringing the action; or
                            (ii) a State, local, or tribal government.

SEC. 3. CONSENT DECREE AND SETTLEMENT REFORM.

    (a) Pleadings and Preliminary Matters.--
            (1) In general.--In any covered civil action, the agency
        against which the covered civil action is brought shall publish
        the notice of intent to sue and the complaint in a readily
        accessible manner, including by making the notice of intent to
        sue and the complaint available online not later than 15 days
        after receiving service of the notice of intent to sue or
        complaint, respectively.
            (2) Entry of a covered consent decree or settlement
        agreement.--A party may not make a motion for entry of a
        covered consent decree or to dismiss a civil action pursuant to
        a covered settlement agreement until after the end of
        proceedings in accordance with paragraph (1) and subparagraphs
        (A) and (B) of paragraph (2) of subsection (d) or subsection
        (d)(3)(A), whichever is later.
    (b) Intervention.--
            (1) Rebuttable presumption.--In considering a motion to
        intervene in a covered civil action or a civil action in which
        a covered consent decree or settlement agreement has been
        proposed that is filed by a person who alleges that the agency
        action in dispute would affect the person, the court shall
        presume, subject to rebuttal, that the interests of the person
        would not be represented adequately by the existing parties to
        the action.
            (2) State, local, and tribal governments.--In considering a
        motion to intervene in a covered civil action or a civil action
        in which a covered consent decree or settlement agreement has
        been proposed that is filed by a State, local, or tribal
        government, the court shall take due account of whether the
        movant--
                    (A) administers jointly with an agency that is a
                defendant in the action the statutory provisions that
                give rise to the regulatory action to which the action
                relates; or
                    (B) administers an authority under State, local, or
                tribal law that would be preempted by the regulatory
                action to which the action relates.
    (c) Settlement Negotiations.--Efforts to settle a covered civil
action or otherwise reach an agreement on a covered consent decree or
settlement agreement shall--
            (1) be conducted pursuant to the mediation or alternative
        dispute resolution program of the court or by a district judge
        other than the presiding judge, magistrate judge, or special
        master, as determined appropriate by the presiding judge; and
            (2) include any party that intervenes in the action.
    (d) Publication of and Comment on Covered Consent Decrees or
Settlement Agreements.--
            (1) In general.--Not later than 60 days before the date on
        which a covered consent decree or settlement agreement is filed
        with a court, the agency seeking to enter the covered consent
        decree or settlement agreement shall publish in the Federal
        Register and online--
                    (A) the proposed covered consent decree or
                settlement agreement; and
                    (B) a statement providing--
                            (i) the statutory basis for the covered
                        consent decree or settlement agreement; and
                            (ii) a description of the terms of the
                        covered consent decree or settlement agreement,
                        including whether it provides for the award of
                        attorneys' fees or costs and, if so, the basis
                        for including the award.
            (2) Public comment.--
                    (A) In general.--An agency seeking to enter a
                covered consent decree or settlement agreement shall
                accept public comment during the period described in
                paragraph (1) on any issue relating to the matters
                alleged in the complaint in the applicable civil action
                or addressed or affected by the proposed covered
                consent decree or settlement agreement.
                    (B) Response to comments.--An agency shall respond
                to any comment received under subparagraph (A).
                    (C) Submissions to court.--When moving that the
                court enter a proposed covered consent decree or
                settlement agreement or for dismissal pursuant to a
                proposed covered consent decree or settlement
                agreement, an agency shall--
                            (i) inform the court of the statutory basis
                        for the proposed covered consent decree or
                        settlement agreement and its terms;
                            (ii) submit to the court a summary of the
                        comments received under subparagraph (A) and
                        the response of the agency to the comments;
                            (iii) submit to the court a certified index
                        of the administrative record of the notice and
                        comment proceeding; and
                            (iv) make the administrative record
                        described in clause (iii) fully accessible to
                        the court.
                    (D) Inclusion in record.--The court shall include
                in the court record for a civil action the certified
                index of the administrative record submitted by an
                agency under subparagraph (C)(iii) and any documents
                listed in the index which any party or amicus curiae
                appearing before the court in the action submits to the
                court.
            (3) Public hearings permitted.--
                    (A) In general.--After providing notice in the
                Federal Register and online, an agency may hold a
                public hearing regarding whether to enter into a
                proposed covered consent decree or settlement
                agreement.
                    (B) Record.--If an agency holds a public hearing
                under subparagraph (A)--
                            (i) the agency shall--
                                    (I) submit to the court a summary
                                of the proceedings;
                                    (II) submit to the court a
                                certified index of the hearing record;
                                and
                                    (III) provide access to the hearing
                                record to the court; and
                            (ii) the full hearing record shall be
                        included in the court record.
            (4) Mandatory deadlines.--If a proposed covered consent
        decree or settlement agreement requires an agency action by a
        date certain, the agency shall, when moving for entry of the
        covered consent decree or settlement agreement or dismissal
        based on the covered consent decree or settlement agreement,
        inform the court of--
                    (A) any required regulatory action the agency has
                not taken that the covered consent decree or settlement
                agreement does not address;
                    (B) how the covered consent decree or settlement
                agreement, if approved, would affect the discharge of
                the duties described in subparagraph (A); and
                    (C) why the effects of the covered consent decree
                or settlement agreement on the manner in which the
                agency discharges its duties is in the public interest.
    (e) Submission by the Government.--
            (1) In general.--For any proposed covered consent decree or
        settlement agreement that contains a term described in
        paragraph (2), the Attorney General or, if the matter is being
        litigated independently by an agency, the head of the agency
        shall submit to the court a certification that the Attorney
        General or head of the agency approves the proposed covered
        consent decree or settlement agreement. The Attorney General or
        head of the agency shall personally sign any certification
        submitted under this paragraph.
            (2) Terms.--A term described in this paragraph is--
                    (A) in the case of a covered consent decree, a term
                that--
                            (i) converts into a nondiscretionary duty a
                        discretionary authority of an agency to
                        propose, promulgate, revise, or amend
                        regulations;
                            (ii) commits an agency to expend funds that
                        have not been appropriated and that have not
                        been budgeted for the regulatory action in
                        question;
                            (iii) commits an agency to seek a
                        particular appropriation or budget
                        authorization;
                            (iv) divests an agency of discretion
                        committed to the agency by statute or the
                        Constitution of the United States, without
                        regard to whether the discretion was granted to
                        respond to changing circumstances, to make
                        policy or managerial choices, or to protect the
                        rights of third parties; or
                            (v) otherwise affords relief that the court
                        could not enter under its own authority upon a
                        final judgment in the civil action; or
                    (B) in the case of a covered settlement agreement,
                a term--
                            (i) that provides a remedy for a failure by
                        the agency to comply with the terms of the
                        covered settlement agreement other than the
                        revival of the civil action resolved by the
                        covered settlement agreement; and
                            (ii) that--
                                    (I) interferes with the authority
                                of an agency to revise, amend, or issue
                                rules under the procedures set forth in
                                chapter 5 of title 5, United States
                                Code, or any other statute or Executive
                                order prescribing rulemaking procedures
                                for a rulemaking that is the subject of
                                the covered settlement agreement;
                                    (II) commits the agency to expend
                                funds that have not been appropriated
                                and that have not been budgeted for the
                                regulatory action in question; or
                                    (III) for such a covered settlement
                                agreement that commits the agency to
                                exercise in a particular way discretion
                                which was committed to the agency by
                                statute or the Constitution of the
                                United States to respond to changing
                                circumstances, to make policy or
                                managerial choices, or to protect the
                                rights of third parties.
    (f) Review by Court.--
            (1) Amicus.--A court considering a proposed covered consent
        decree or settlement agreement shall presume, subject to
        rebuttal, that it is proper to allow amicus participation
        relating to the covered consent decree or settlement agreement
        by any person who filed public comments or participated in a
        public hearing on the covered consent decree or settlement
        agreement under paragraph (2) or (3) of subsection (d).
            (2) Review of deadlines.--
                    (A) Proposed covered consent decrees.--For a
                proposed covered consent decree, a court shall not
                approve the covered consent decree unless the proposed
                covered consent decree allows sufficient time and
                incorporates adequate procedures for the agency to
                comply with chapter 5 of title 5, United States Code,
                and other applicable statutes that govern rulemaking
                and, unless contrary to the public interest, the
                provisions of any Executive order that governs
                rulemaking.
                    (B) Proposed covered settlement agreements.--For a
                proposed covered settlement agreement, a court shall
                ensure that the covered settlement agreement allows
                sufficient time and incorporates adequate procedures
                for the agency to comply with chapter 5 of title 5,
                United States Code, and other applicable statutes that
                govern rulemaking and, unless contrary to the public
                interest, the provisions of any Executive order that
                governs rulemaking.
    (g) Annual Reports.--Each agency shall submit to Congress an annual
report that, for the year covered by the report, includes--
            (1) the number, identity, and content of covered civil
        actions brought against and covered consent decrees or
        settlement agreements entered against or into by the agency;
        and
            (2) a description of the statutory basis for--
                    (A) each covered consent decree or settlement
                agreement entered against or into by the agency; and
                    (B) any award of attorneys fees or costs in a civil
                action resolved by a covered consent decree or
                settlement agreement entered against or into by the
                agency.

SEC. 4. MOTIONS TO MODIFY CONSENT DECREES.

    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.

SEC. 5. EFFECTIVE DATE.

    This Act shall apply to--
            (1) any covered civil action filed on or after the date of
        enactment of this Act; and
            (2) any covered consent decree or settlement agreement
        proposed to a court on or after the date of enactment of this
        Act.
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