I 
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 Representa-
tives 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 DE-
CREES. 
(a) LIMITATION ON CONSENT DECREES.—The head 
of a Federal agency may not enter into a consent decree 
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that exceeds the authority of the court that enters the 
order related to such decree. 
(b) LIMITATION ON ATTORNEYS’ FEES AND LITIGA-
TION COSTS.—A settlement agreement or consent decree 
resulting in a regulation or guidance document with re-
spect 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 ‘‘guid-
ance document’’— 
(A) means an agency statement of general 
applicability (other than a regulation that has 
the force and effect of law promulgated in ac-
cordance 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 tech-
nical issue; or 
(II) an interpretation of a statu-
tory or regulatory issue; and 
(B) may include— 
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(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 de-
scribed 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 sec-
tion 553 of title 5, United States Code; 
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(ii) a formal rulemaking under sec-
tions 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 mili-
tary 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, manage-
ment, 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 
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provision to other persons or circumstances, and the re-
mainder of this Act, shall not be affected thereby. 
Æ 
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