I 

117TH CONGRESS 

1ST SESSION H. R. 3045 

To provide limitations for Federal agencies entering into settlement 

agreements and consent decrees, and for other purposes. 

IN THE HOUSE OF REPRESENTATIVES 

MAY 7, 2021 

Mr. GOOD of Virginia (for himself, Mr. BUDD, Mr. PERRY, and Mr. BIGGS) 

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. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘No Regulation 

5 Through Litigation Act of 2021’’. 

6 SEC. 2. SETTLEMENT AGREEMENTS AND CONSENT DE7 CREES. 

8 (a) LIMITATION ON CONSENT DECREES.—The head 

9 of a Federal agency may not enter into a consent decree 


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1 that exceeds the authority of the court that enters the 

2 order related to such decree. 

3 (b) LIMITATION ON ATTORNEYS’ FEES AND LITIGA4 TION COSTS.—A settlement agreement or consent decree 

5 resulting in a regulation or guidance document with re6 spect to which a Federal agency is a party may not include 

7 the payment of attorneys’ fees or litigation costs. 

8 (c) DEFINITIONS.—In this Act: 

9 (1) GUIDANCE DOCUMENT.—The term ‘‘guid10 ance document’’— 

11 (A) means an agency statement of general 

12 applicability (other than a regulation that has 

13 the force and effect of law promulgated in ac14 cordance with the notice and public procedure 

15 under section 553 of title 5, United States 

16 Code) that— 

17 (i) does not have the force and effect 

18 of law; and 

19 (ii) sets forth— 

20 (I) an agency decision or a policy 

21 on a statutory, regulatory, or tech22 nical issue; or 

23 (II) an interpretation of a statu24 tory or regulatory issue; and 

25 (B) may include— 


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1 (i) a memorandum; 

2 (ii) a notice; 

3 (iii) a bulletin; 

4 (iv) a directive; 

5 (v) a news release; 

6 (vi) a letter; 

7 (vii) a blog post; 

8 (viii) a no-action letter; 

9 (ix) a speech by an agency official; 

10 (x) an advisory; 

11 (xi) a manual; 

12 (xii) a circular; or 

13 (xiii) any combination of the items de14 scribed in clauses (i) through (xii). 

15 (2) REGULATION.—The term ‘‘regulation’’— 

16 (A) means an agency statement of general 

17 applicability and future effect, which the agency 

18 intends to have the force and effect of law, that 

19 is designed to implement, interpret, or prescribe 

20 law or policy or to describe the procedure or 

21 practice requirements of an agency; 

22 (B) includes regulations issued pursuant 

23 to— 

24 (i) an informal rulemaking under sec25 tion 553 of title 5, United States Code; 


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1 (ii) a formal rulemaking under sec2 tions 556 and 557 of title 5, United States 

3 Code; and 

4 (iii) any combination of the informal 

5 rulemaking described in clause (i) and the 

6 formal rulemaking described in clause (ii); 

7 and 

8 (C) does not include— 

9 (i) regulations that pertain to a mili10 tary or foreign affairs function of the 

11 United States, other than procurement 

12 regulations and regulations involving the 

13 import or export of non-defense articles 

14 and services; 

15 (ii) regulations or regulations that are 

16 limited to agency organization, manage17 ment, or personnel matters; or 

18 (iii) any other category of regulations 

19 exempted by the Administrator of Office of 

20 Information and Regulatory Affairs. 

21 (d) SEVERABILITY.—If any provision of this Act or 

22 the application of any provision of this Act to any person 

23 or circumstance, is held invalid, the application of such 


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1 provision to other persons or circumstances, and the re2 mainder of this Act, shall not be affected thereby. 

Æ 


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