No Regulation Through Litigation Act of 2021
Bill: H.R.3045 | Sponsor: Rep. Good, Bob (R-VA)
Policy area: Government Operations and Politics

Summary:
No Regulation Through Litigation Act of 2021
This bill modifies the authority of federal agencies to enter into consent decrees and limits the inclusion of attorney fees in consent decrees or settlement agreements that result in a regulation or guidance document.

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 Representatives 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 2021''.

SEC. 2. SETTLEMENT AGREEMENTS AND CONSENT DECREES.

    (a) Limitation on Consent Decrees.--The head of a Federal agency 
may not enter into a consent decree that exceeds the authority of the 
court that enters the order related to such decree.
    (b) Limitation on Attorneys' Fees and Litigation Costs.--A 
settlement agreement or consent decree resulting in a regulation or 
guidance document with respect 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 ``guidance document''--
                    (A) means an agency statement of general 
                applicability (other than a regulation that has the 
                force and effect of law promulgated in accordance 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 
                                technical issue; or
                                    (II) an interpretation of a 
                                statutory or regulatory issue; and
                    (B) may include--
                            (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 
                        described 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 section 
                        553 of title 5, United States Code;
                            (ii) a formal rulemaking under sections 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 military 
                        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, management, 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 provision to other persons or 
circumstances, and the remainder of this Act, shall not be affected 
thereby.
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