H.R. 6622 — Sunshine for Regulatory Decrees and Settlements Act of 2025

This section establishes definitions for terms used in the Act: (1) “agency” and “agency action” have the meanings given those terms under 5 U.S.C. §551; (2) “covered civil action” means a civil action seeking to compel agency action, alleging unlawful withholding or unreasonable delay of an agency action relating to a regulatory action that would affect rights of private persons other than the plaintiff or a state, local, or tribal government, and brought under 5 U.S.C. chapter 7 or any other authorizing statute; (3) “covered consent decree” means a consent decree entered in a covered civil action or any other consent decree requiring agency action relating to a regulatory action affecting such rights; (4) “covered consent decree or settlement agreement” means a covered consent decree and a covered settlement agreement; and (5) “covered settlement agreement” means a settlement agreement entered in a covered civil action or any other settlement agreement requiring such agency action.

This section establishes procedural reforms for covered civil actions against federal agencies, including requirements for publication of notices and complaints, intervention, settlement negotiations, and public review of proposed covered consent decrees or settlement agreements. Specifically, it (1) requires the defendant agency to publish the notice of intent to sue and complaint online within 15 days of receipt and prohibits motions to enter a covered consent decree or dismiss pursuant to a covered settlement agreement until after publication and specified proceedings; (2) directs courts to apply a rebuttable presumption of inadequate representation for certain intervenor motions and to consider state, local, or tribal governments' administration of related statutes or preempted authorities; (3) mandates settlement negotiations through court mediation or alternative dispute resolution programs (or by a different judge) that include intervenors; and (4) requires agencies to publish proposed covered consent decrees or settlement agreements in the Federal Register and online with a statement of statutory basis and terms (including any attorneys' fees) at least 60 days before filing with the court, solicit and respond to public comments during that period, submit comment summaries and certified administrative records to the court, and—for decrees or agreements with deadlines—inform the court of unfinished regulatory actions and public interest considerations. Agencies may also hold optional public hearings on proposals, with records submitted to the court.

This section requires a court to review de novo both an agency's motion to modify a covered consent decree or settlement agreement and the decree or agreement itself when the agency asserts that its terms are no longer fully in the public interest due to the agency's other obligations or changed facts and circumstances.

This section establishes the effective date of the Act as applying to (1) any covered civil action filed on or after the date of enactment and (2) any covered consent decree or settlement agreement proposed to a court on or after the date of enactment.