Sunshine for Regulatory Decrees and Settlements Act of 2025
Sponsored By: Representative Cline, Ben [R-VA-6]
In Committee
Summary
Transparency and oversight for agency consent decrees would be the core change. This bill would require broad public notice, comment, and enhanced judicial checks before agencies can enter or change consent decrees or settlement agreements that affect regulatory actions.
Show full summary
- Federal agencies would have to post a notice of intent to sue and the complaint online within 15 days and publish proposed decrees or settlements in the Federal Register and online at least 60 days before filing. Agencies must submit a certified index of the administrative record to the court and the Attorney General or agency head must personally certify settlements that convert discretionary authority to mandatory duties or require unappropriated funds.
- State, local, and tribal governments and other potential intervenors would benefit from a rebuttable presumption favoring intervention and must be included in mediated settlement talks, with courts directed to weigh joint administration and preemption issues.
- The public would gain formal 60-day comment windows, possible public hearings, and access to hearing records. Courts could allow amicus participation, and any agency attempt to modify a covered decree would face de novo judicial review. Agencies must also report to Congress annually on covered actions and any attorney fees awarded.
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Bill Overview
Analyzed Economic Effects
3 provisions identified: 0 benefits, 0 costs, 3 mixed.
More public notice and participation
If enacted, the bill would require agencies to post a notice of intent to sue and the complaint online within 15 days of service. Agencies would have to publish any proposed consent decree or settlement in the Federal Register and online at least 60 days before filing, take public comments during that period, and respond to comments. Agencies could hold public hearings and must give hearing records and a certified administrative record to the court before asking a judge to enter or dismiss the agreement. The bill would also make it easier for affected people and governments to intervene or file amicus briefs and would require agencies to send Congress an annual report listing covered cases and agreements and any fee awards.
Stronger court review and agency limits
If enacted, the bill would require an Attorney General or the agency head to personally sign a certification before a court can approve certain settlements or decrees that change agency duties, bind agency discretion, or commit spending not appropriated or budgeted. Courts would have to ensure proposed agreements give agencies enough time and the proper steps to follow formal rulemaking procedures. An agency request to change a covered decree or settlement for public-interest or changed-circumstance reasons would get a full de novo court review. When a proposed agreement sets a date for agency action, the agency would have to tell the court what required rules it still has not done and explain how the agreement affects those duties.
Which lawsuits and settlements are covered
If enacted, the bill would define which suits and agreements are "covered." A "covered civil action" would mean suits that seek to force an agency to act or say an agency unreasonably delayed action that affects private people or a State, local, or tribal government. The bill would also define which consent decrees and settlement agreements count as covered. The rules would apply only to covered cases filed or to covered instruments proposed to a court on or after the date the bill is enacted.
Sponsors & CoSponsors
Sponsor
Cline, Ben [R-VA-6]
VA • R
Cosponsors
Tiffany
WI • R
Sponsored 12/11/2025
Roll Call Votes
No roll call votes available for this bill.
View on Congress.gov