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 ‘‘Sunshine for Regulatory 
Decrees and Settlements Act of 2023’’. 
SEC. 2. DEFINITIONS. 
In this Act— 
(1) the terms ‘‘agency’’ and ‘‘agency action’’ 
have the meanings given those terms under section 
551 of title 5, United States Code; 
(2) the term ‘‘covered civil action’’ means a civil 
action— 
(A) seeking to compel agency action; 
(B) alleging that an agency is unlawfully 
withholding or unreasonably delaying an agency 
action relating to a regulatory action that would 
affect the rights of— 
(i) private persons other than the per-
son bringing the action; or 
(ii) a State, local, or tribal govern-
ment; and 
(C) brought under— 
(i) chapter 7 of title 5, United States 
Code; or 
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(ii) any other statute authorizing such 
an action; 
(3) the term ‘‘covered consent decree’’ means— 
(A) a consent decree entered into in a cov-
ered civil action; and 
(B) any other consent decree that requires 
agency action relating to a regulatory action 
that affects the rights of— 
(i) private persons other than the per-
son bringing the action; or 
(ii) a State, local, or tribal govern-
ment; 
(4) the term ‘‘covered consent decree or settlement 
agreement’’ means a covered consent decree and a cov-
ered settlement agreement; and 
(5) the term ‘‘covered settlement agreement’’ 
means— 
(A) a settlement agreement entered into in 
a covered civil action; and 
(B) any other settlement agreement that re-
quires agency action relating to a regulatory ac-
tion that affects the rights of— 
(i) private persons other than the per-
son bringing the action; or 
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(ii) a State, local, or tribal govern-
ment. 
SEC. 3. CONSENT DECREE AND SETTLEMENT REFORM. 
(a) PLEADINGS AND PRELIMINARY MATTERS.— 
(1) IN GENERAL.—In any covered civil action, 
the agency against which the covered civil action is 
brought shall publish the notice of intent to sue and 
the complaint in a readily accessible manner, includ-
ing by making the notice of intent to sue and the 
complaint available online not later than 15 days 
after receiving service of the notice of intent to sue or 
complaint, respectively. 
(2) ENTRY OF A COVERED CONSENT DECREE OR 
SETTLEMENT AGREEMENT.—A party may not make a 
motion for entry of a covered consent decree or to dis-
miss a civil action pursuant to a covered settlement 
agreement until after the end of proceedings in ac-
cordance with paragraph (1) and subparagraphs (A) 
and (B) of paragraph (2) of subsection (d) or sub-
section (d)(3)(A), whichever is later. 
(b) INTERVENTION.— 
(1) REBUTTABLE PRESUMPTION.—In considering 
a motion to intervene in a covered civil action or a 
civil action in which a covered consent decree or set-
tlement agreement has been proposed that is filed by 
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a person who alleges that the agency action in dispute 
would affect the person, the court shall presume, sub-
ject to rebuttal, that the interests of the person would 
not be represented adequately by the existing parties 
to the action. 
(2) 
STATE, 
LOCAL, 
AND
TRIBAL
GOVERN-
MENTS.—In considering a motion to intervene in a 
covered civil action or a civil action in which a cov-
ered consent decree or settlement agreement has been 
proposed that is filed by a State, local, or tribal gov-
ernment, the court shall take due account of whether 
the movant— 
(A) administers jointly with an agency that 
is a defendant in the action the statutory provi-
sions that give rise to the regulatory action to 
which the action relates; or 
(B) administers an authority under State, 
local, or tribal law that would be preempted by 
the regulatory action to which the action relates. 
(c) SETTLEMENT NEGOTIATIONS.—Efforts to settle a 
covered civil action or otherwise reach an agreement on a 
covered consent decree or settlement agreement shall— 
(1) be conducted pursuant to the mediation or 
alternative dispute resolution program of the court or 
by a district judge other than the presiding judge, 
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magistrate judge, or special master, as determined 
appropriate by the presiding judge; and 
(2) include any party that intervenes in the ac-
tion. 
(d) PUBLICATION
OF
AND COMMENT
ON COVERED 
CONSENT DECREES OR SETTLEMENT AGREEMENTS.— 
(1) IN GENERAL.—Not later than 60 days before 
the date on which a covered consent decree or settle-
ment agreement is filed with a court, the agency seek-
ing to enter the covered consent decree or settlement 
agreement shall publish in the Federal Register and 
online— 
(A) the proposed covered consent decree or 
settlement agreement; and 
(B) a statement providing— 
(i) the statutory basis for the covered 
consent decree or settlement agreement; and 
(ii) a description of the terms of the 
covered consent decree or settlement agree-
ment, including whether it provides for the 
award of attorneys’ fees or costs and, if so, 
the basis for including the award. 
(2) PUBLIC COMMENT.— 
(A) IN
GENERAL.—An agency seeking to 
enter a covered consent decree or settlement 
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agreement shall accept public comment during 
the period described in paragraph (1) on any 
issue relating to the matters alleged in the com-
plaint in the applicable civil action or addressed 
or affected by the proposed covered consent decree 
or settlement agreement. 
(B) RESPONSE TO COMMENTS.—An agency 
shall respond to any comment received under 
subparagraph (A). 
(C) SUBMISSIONS TO COURT.—When mov-
ing that the court enter a proposed covered con-
sent decree or settlement agreement or for dis-
missal pursuant to a proposed covered consent 
decree or settlement agreement, an agency 
shall— 
(i) inform the court of the statutory 
basis for the proposed covered consent decree 
or settlement agreement and its terms; 
(ii) submit to the court a summary of 
the comments received under subparagraph 
(A) and the response of the agency to the 
comments; 
(iii) submit to the court a certified 
index of the administrative record of the no-
tice and comment proceeding; and 
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(iv) make the administrative record de-
scribed in clause (iii) fully accessible to the 
court. 
(D) INCLUSION
IN
RECORD.—The court 
shall include in the court record for a civil ac-
tion the certified index of the administrative 
record submitted by an agency under subpara-
graph (C)(iii) and any documents listed in the 
index which any party or amicus curiae appear-
ing before the court in the action submits to the 
court. 
(3) PUBLIC HEARINGS PERMITTED.— 
(A) IN GENERAL.—After providing notice in 
the Federal Register and online, an agency may 
hold a public hearing regarding whether to enter 
into a proposed covered consent decree or settle-
ment agreement. 
(B) RECORD.—If an agency holds a public 
hearing under subparagraph (A)— 
(i) the agency shall— 
(I) submit to the court a sum-
mary of the proceedings; 
(II) submit to the court a certified 
index of the hearing record; and 
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(III) provide access to the hearing 
record to the court; and 
(ii) the full hearing record shall be in-
cluded in the court record. 
(4) MANDATORY DEADLINES.—If a proposed cov-
ered consent decree or settlement agreement requires 
an agency action by a date certain, the agency shall, 
when moving for entry of the covered consent decree 
or settlement agreement or dismissal based on the cov-
ered consent decree or settlement agreement, inform 
the court of— 
(A) any required regulatory action the 
agency has not taken that the covered consent de-
cree or settlement agreement does not address; 
(B) how the covered consent decree or settle-
ment agreement, if approved, would affect the 
discharge of the duties described in subparagraph 
(A); and 
(C) why the effects of the covered consent de-
cree or settlement agreement on the manner in 
which the agency discharges its duties is in the 
public interest. 
(e) SUBMISSION BY THE GOVERNMENT.— 
(1) IN
GENERAL.—For any proposed covered 
consent decree or settlement agreement that contains 
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a term described in paragraph (2), the Attorney Gen-
eral or, if the matter is being litigated independently 
by an agency, the head of the agency shall submit to 
the court a certification that the Attorney General or 
head of the agency approves the proposed covered con-
sent decree or settlement agreement. The Attorney 
General or head of the agency shall personally sign 
any certification submitted under this paragraph. 
(2) TERMS.—A term described in this paragraph 
is— 
(A) in the case of a covered consent decree, 
a term that— 
(i) converts into a nondiscretionary 
duty a discretionary authority of an agency 
to propose, promulgate, revise, or amend 
regulations; 
(ii) commits an agency to expend 
funds that have not been appropriated and 
that have not been budgeted for the regu-
latory action in question; 
(iii) commits an agency to seek a par-
ticular appropriation or budget authoriza-
tion; 
(iv) divests an agency of discretion 
committed to the agency by statute or the 
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Constitution of the United States, without 
regard to whether the discretion was grant-
ed to respond to changing circumstances, to 
make policy or managerial choices, or to 
protect the rights of third parties; or 
(v) otherwise affords relief that the 
court could not enter under its own author-
ity upon a final judgment in the civil ac-
tion; or 
(B) in the case of a covered settlement 
agreement, a term— 
(i) that provides a remedy for a failure 
by the agency to comply with the terms of 
the covered settlement agreement other than 
the revival of the civil action resolved by the 
covered settlement agreement; and 
(ii) that— 
(I) interferes with the authority of 
an agency to revise, amend, or issue 
rules under the procedures set forth in 
chapter 5 of title 5, United States 
Code, or any other statute or Executive 
order prescribing rulemaking proce-
dures for a rulemaking that is the sub-
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ject of the covered settlement agree-
ment; 
(II) commits the agency to expend 
funds that have not been appropriated 
and that have not been budgeted for the 
regulatory action in question; or 
(III) for such a covered settlement 
agreement that commits the agency to 
exercise in a particular way discretion 
which was committed to the agency by 
statute or the Constitution of the 
United States to respond to changing 
circumstances, to make policy or man-
agerial choices, or to protect the rights 
of third parties. 
(f) REVIEW BY COURT.— 
(1) AMICUS.—A court considering a proposed 
covered consent decree or settlement agreement shall 
presume, subject to rebuttal, that it is proper to allow 
amicus participation relating to the covered consent 
decree or settlement agreement by any person who 
filed public comments or participated in a public 
hearing on the covered consent decree or settlement 
agreement under paragraph (2) or (3) of subsection 
(d). 
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(2) REVIEW OF DEADLINES.— 
(A) PROPOSED
COVERED
CONSENT
DE-
CREES.—For a proposed covered consent decree, 
a court shall not approve the covered consent de-
cree unless the proposed covered consent decree 
allows sufficient time and incorporates adequate 
procedures for the agency to comply with chapter 
5 of title 5, United States Code, and other appli-
cable statutes that govern rulemaking and, unless 
contrary to the public interest, the provisions of 
any Executive order that governs rulemaking. 
(B) 
PROPOSED
COVERED
SETTLEMENT 
AGREEMENTS.—For a proposed covered settle-
ment agreement, a court shall ensure that the 
covered settlement agreement allows sufficient 
time and incorporates adequate procedures for 
the agency to comply with chapter 5 of title 5, 
United States Code, and other applicable statutes 
that govern rulemaking and, unless contrary to 
the public interest, the provisions of any Execu-
tive order that governs rulemaking. 
(g) ANNUAL REPORTS.—Each agency shall submit to 
Congress an annual report that, for the year covered by the 
report, includes— 
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(1) the number, identity, and content of covered 
civil actions brought against and covered consent de-
crees or settlement agreements entered against or into 
by the agency; and 
(2) a description of the statutory basis for— 
(A) each covered consent decree or settle-
ment agreement entered against or into by the 
agency; and 
(B) any award of attorneys fees or costs in 
a civil action resolved by a covered consent de-
cree or settlement agreement entered against or 
into by the agency. 
SEC. 4. MOTIONS TO MODIFY CONSENT DECREES. 
If an agency moves a court to modify a covered consent 
decree or settlement agreement and the basis of the motion 
is that the terms of the covered consent decree or settlement 
agreement are no longer fully in the public interest due to 
the obligations of the agency to fulfill other duties or due 
to changed facts and circumstances, the court shall review 
the motion and the covered consent decree or settlement 
agreement de novo. 
SEC. 5. EFFECTIVE DATE. 
This Act shall apply to— 
(1) any covered civil action filed on or after the 
date of enactment of this Act; and 
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Union Calendar No. 367 
118TH CONGRESS 
2D SESSION 
H. R. 3446 
[Report No. 118–443] 
A BILL 
To impose certain limitations on consent decrees 
and settlement agreements by agencies that re-
quire the agencies to take regulatory action in 
accordance with the terms thereof, and for other 
purposes. 
APRIL 5, 2024 
Reported with an amendment, committed to the Com-
mittee of the Whole House on the State of the Union, 
and ordered to be printed 
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