Sunshine for Regulatory Decrees and Settlements Act of 2025

Increased Transparency for the Public: Agencies are required to publish notices of intent to sue and complaints online within 15 days, and must publish proposed consent decrees or settlement agreements in the Federal Register and online at least 60 days before filing them with a court. (Section 3(a)(1) and Section 3(d)(1))

Greater Opportunity for Public Input: The bill requires agencies to accept public comment on matters addressed by the proposed agreements and mandates that the agency respond to those comments. (Section 3(d)(2))

Enhanced Participation via Intervention: The Act creates a rebuttable presumption that a person's interests are not adequately represented by existing parties, making it easier for individuals to intervene in legal actions that affect them. (Section 3(b)(1))

Access to Public Hearings: Agencies are permitted to hold public hearings regarding proposed decrees or settlements, providing a forum for public engagement. (Section 3(d)(3))

Accountability through Reporting: Agencies must submit annual reports to Congress detailing the number, identity, and content of covered civil actions and agreements, including the statutory basis and any attorney fee awards. (Section 3(g))

Increased Burdens on Agencies regarding Financial and Discretionary Terms: The bill requires the Attorney General or agency head to personally sign a certification for terms that convert discretionary authority into nondiscretionary duties, commit unbudgeted funds, or divest an agency of its statutory discretion. (Section 3(e))

Strict Requirements for Court Submissions: When moving for a decree or settlement, agencies must submit a summary of public comments, a response to those comments, and a certified index of the administrative record to the court. (Section 3(d)(2)(C))

Mandatory Deadlines and Justifications: If a proposed agreement requires agency action by a certain date, the agency must inform the court of any unaddressed required actions and explain why the agreement is in the public interest. (Section 3(d)(4))