Bill > HR6622

This bill, the Sunshine for Regulatory Decrees and Settlements Act of 2025, aims to increase transparency and public participation in the process of agencies entering into consent decrees and settlement agreements that require them to take regulatory action. A "covered civil action" is defined as a lawsuit seeking to force an agency to act or alleging an agency is improperly delaying action that affects private individuals or governments. A "covered consent decree" or "covered settlement agreement" refers to agreements reached in such lawsuits or any other agreement that mandates agency regulatory action impacting third parties. The bill mandates that agencies must publish proposed consent decrees and settlement agreements, along with their legal basis and terms, in the Federal Register and online at least 60 days before they are filed with a court, allowing for public comment and requiring the agency to respond to these comments. It also establishes a rebuttable presumption that individuals or governments seeking to intervene in these cases are not adequately represented by existing parties, and requires courts to consider the specific circumstances of state, local, and tribal governments when evaluating intervention. Furthermore, settlement negotiations must include any intervening parties and can be conducted through court-ordered mediation or by a judge other than the presiding one. The bill also requires agency heads or the Attorney General to personally certify approval for certain types of terms within these agreements, such as those that convert discretionary agency authority into non-discretionary duties or commit agencies to spending unappropriated funds. Finally, it mandates that courts review these agreements to ensure they allow sufficient time and procedures for agencies to comply with rulemaking laws and that any motions to modify existing decrees due to changed circumstances or public interest will be reviewed anew by the court.

Justice

https://www.congress.gov/bill/119th-congress/house-bill/6622/all-info