Settlement agreements and consent decrees

(a) 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. (b) Definitions In this section: (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.