Bill Details
HR.849 - 119th Congress
Status
Latest action
2025-01-31 - Referred to the House Committee on the Judiciary.
Introduced Date
2025-01-31
Policy Area
Government Operations and Politics
Committees
View committees (1)
Sponsors
Cosponsors
8
0
0
AI Summary This summary was generated by AI from the bill text. AI can get information wrong.
This bill would limit how federal agencies use settlement agreements and consent decrees in lawsuits. It says an agency could not agree to a consent decree that goes beyond what the court itself has the power to order. It also would stop agencies from using settlements or consent decrees to create new regulations or guidance while also paying attorneys’ fees or litigation costs. In plain terms, the bill is meant to keep agencies from changing policy through court settlements in ways that bypass the normal rulemaking process.
- Federal agencies could not enter into a consent decree that is broader than the court’s legal authority.
- If a settlement or consent decree leads to a regulation or guidance document, the agreement could not include payment of attorneys’ fees or litigation costs.
- The bill gives a broad definition of “guidance document,” covering things like memos, notices, bulletins, directives, news releases, letters, blog posts, no-action letters, speeches, advisories, manuals, and circulars.
- It also defines “regulation” as an agency rule or policy meant to have the force of law, while excluding some military, foreign affairs, internal agency, and other exempted categories.
Official Summaries
No Regulation Through Litigation Act of 2025
This bill specifies that a federal agency may not enter into a consent decree that exceeds the authority of the court that enters the order related to the decree. It also limits the inclusion of attorney fees or litigation costs in consent decrees or settlement agreements that result in a regulation or guidance document.
Current Full Text
[Congressional Bills 119th Congress]
[From the U.S. Government Publishing Office]
[H.R. 849 Introduced in House (IH)]
<DOC>
119th CONGRESS
1st Session
H. R. 849
To provide limitations for Federal agencies entering into settlement
agreements and consent decrees, and for other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
January 31, 2025
Mr. Cloud (for himself, Mr. Ogles, Mr. Higgins of Louisiana, Mr. Crane,
Mr. Tiffany, and Mr. Perry) introduced the following bill; which was
referred to the Committee on the Judiciary
_______________________________________________________________________
A BILL
To provide limitations for Federal agencies entering into settlement
agreements and consent decrees, 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 ``No Regulation Through Litigation Act
of 2025''.
SEC. 2. SETTLEMENT AGREEMENTS AND CONSENT DECREES.
(a) Limitation on Consent Decrees.--The head of a Federal agency
may not enter into a consent decree that exceeds the authority of the
court that enters the order related to such decree.
(b) Limitation on Attorneys' Fees and Litigation Costs.--A
settlement agreement or consent decree resulting in a regulation or
guidance document with respect to which a Federal agency is a party may
not include the payment of attorneys' fees or litigation costs.
(c) Definitions.--In this Act:
(1) Guidance document.--The term ``guidance document''--
(A) means an agency statement of general
applicability (other than a regulation that has the
force and effect of law promulgated in accordance with
the notice and public procedure under section 553 of
title 5, United States Code) that--
(i) does not have the force and effect of
law; and
(ii) sets forth--
(I) an agency decision or a policy
on a statutory, regulatory, or
technical issue; or
(II) an interpretation of a
statutory or regulatory issue; and
(B) may include--
(i) a memorandum;
(ii) a notice;
(iii) a bulletin;
(iv) a directive;
(v) a news release;
(vi) a letter;
(vii) a blog post;
(viii) a no-action letter;
(ix) a speech by an agency official;
(x) an advisory;
(xi) a manual;
(xii) a circular; or
(xiii) any combination of the items
described in clauses (i) through (xii).
(2) Regulation.--The term ``regulation''--
(A) means an agency statement of general
applicability and future effect, which the agency
intends to have the force and effect of law, that is
designed to implement, interpret, or prescribe law or
policy or to describe the procedure or practice
requirements of an agency;
(B) includes regulations issued pursuant to--
(i) an informal rulemaking under section
553 of title 5, United States Code;
(ii) a formal rulemaking under sections 556
and 557 of title 5, United States Code; and
(iii) any combination of the informal
rulemaking described in clause (i) and the
formal rulemaking described in clause (ii); and
(C) does not include--
(i) regulations that pertain to a military
or foreign affairs function of the United
States, other than procurement regulations and
regulations involving the import or export of
non-defense articles and services;
(ii) regulations or regulations that are
limited to agency organization, management, or
personnel matters; or
(iii) any other category of regulations
exempted by the Administrator of Office of
Information and Regulatory Affairs.
(d) Severability.--If any provision of this Act or the application
of any provision of this Act to any person or circumstance, is held
invalid, the application of such provision to other persons or
circumstances, and the remainder of this Act, shall not be affected
thereby.
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