[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[H.R. 300 Introduced in House (IH)]
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118th CONGRESS
1st Session
H. R. 300
To amend chapter 3 of title 5, United States Code, to require the
publication of settlement agreements, and for other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
January 11, 2023
Mr. Palmer (for himself, Mr. Connolly, Mr. Barr, Mr. Peters, Mr. Bera,
Mr. Hill, and Mr. Comer) introduced the following bill; which was
referred to the Committee on Oversight and Accountability, and in
addition to the Committee on the Budget, for a period to be
subsequently determined by the Speaker, in each case for consideration
of such provisions as fall within the jurisdiction of the committee
concerned
_______________________________________________________________________
A BILL
To amend chapter 3 of title 5, United States Code, to require the
publication of settlement agreements, 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 ``Settlement Agreement Information
Database Act of 2023''.
SEC. 2. INFORMATION REGARDING SETTLEMENT AGREEMENTS ENTERED INTO BY
FEDERAL AGENCIES.
(a) Requirements for Settlement Agreements.--Chapter 3 of title 5,
United States Code, is amended by adding at the end the following new
section:
``Sec. 307. Information regarding settlement agreements
``(a) Definitions.--In this section:
``(1) Local government.--The term `local government' has
the meaning given that term in section 6501 of title 31.
``(2) Order type.--The term `order type' means the type of
action or instrument used to settle a civil or criminal
judicial action.
``(3) Settlement agreement.--The term `settlement
agreement' means a settlement agreement (including a consent
decree) that--
``(A) is entered into by an Executive agency; and
``(B) relates to an alleged violation of Federal
civil or criminal law.
``(4) State.--The term `State' means each of the several
States, the District of Columbia, each territory or possession
of the United States, and each federally recognized Indian
Tribe.
``(b) Settlement Agreement Information Database.--
``(1) Executive agency requirement.--
``(A) In general.--Subject to subparagraph (B), the
head of each Executive agency shall, in accordance with
guidance issued pursuant to paragraph (2), submit the
following information to the database established under
paragraph (3):
``(i) A list of each settlement agreement,
in a categorized and searchable format, entered
into by the Executive agency, as a party to a
lawsuit, which shall include, for each
settlement agreement--
``(I) the order type of the
settlement agreement;
``(II) the date on which the
parties entered into the settlement
agreement;
``(III) a list of specific
violations that specify the basis for
the action taken, with a description of
the claims each party settled under the
settlement agreement;
``(IV) the amount of attorneys'
fees and other litigation costs
awarded, if any, including a
description of the statutory basis for
such an award;
``(V) the amount each party
settling a claim under the settlement
agreement is obligated to pay under the
settlement agreement;
``(VI) the total amount the
settling parties are obligated to pay
under the settlement agreement;
``(VII) the amount, if any, the
settling party is obligated to pay that
is expressly specified under the
settlement agreement as a civil or
criminal penalty or fine;
``(VIII) any payment made under the
settlement agreement, including a
description of any payment made to the
Federal Government;
``(IX) the projected duration of
the settlement agreement, if available;
``(X) a list of State or local
governments that may be directly
affected by the terms of the settlement
agreement;
``(XI) a brief description of any
economic data and methodology used to
justify the terms of the settlement
agreement;
``(XII) any modifications to the
settlement agreement, when applicable;
``(XIII) notice and comments, when
applicable; and
``(XIV) whether the settlement
agreement is still under judicial
enforcement and any period of time by
which the parties agreed to have
certain conditions met.
``(ii) A copy of each--
``(I) settlement agreement entered
into by the Executive agency; and
``(II) statement issued under
paragraph (4).
``(B) Nondisclosure.--The requirement to submit
information or a copy of a settlement agreement under
subparagraph (A) shall not apply to the extent the
information or copy (or portion thereof)--
``(i) is subject to a confidentiality
provision that prohibits disclosure of the
information or copy (or portion thereof); and
``(ii) would not be disclosed under section
552, if the Executive agency provides a
citation to the applicable exemption.
``(C) Clarification of responsible agency.--In a
case in which an Executive agency is acting at the
request or on behalf of another Executive agency
(referred to as the originating agency), the
originating agency is responsible for submitting
information under subparagraph (A).
``(2) Guidance.--The Director of the Office of Management
and Budget shall issue guidance for Executive agencies to
implement paragraph (1). Such guidance shall include the
following:
``(A) Specific dates by which submissions must be
made, not less than twice a year.
``(B) Data standards, including common data
elements and a common, nonproprietary, searchable,
machine-readable, platform independent format.
``(C) A requirement that the information and
documents required under paragraph (1) are publicly
available for a period starting on the date of the
settlement through not less than 5 years after the
termination of the settlement agreement.
``(3) Establishment of database.--The Director of the
Office of Management and Budget, or the head of an Executive
agency designated by the Director, shall establish and maintain
a public, searchable, downloadable database for Executive
agencies to directly upload and submit the information and
documents required under paragraph (1) for immediate
publication online.
``(4) Statement of confidentiality.--If the head of an
Executive agency determines that a confidentiality provision in
a settlement agreement, or the sealing of a settlement
agreement, is required to protect the public interest of the
United States, the head of the Executive agency may except the
settlement agreement from the requirement in paragraph (1) and
shall issue a written public statement stating why such action
is required to protect the public interest of the United
States, which shall explain--
``(A) what interests confidentiality protects; and
``(B) why the interests protected by
confidentiality outweigh the public's interest in
knowing about the conduct of the Federal Government and
the expenditure of Federal resources.''.
(b) Technical and Conforming Amendment.--The table of sections for
chapter 3 of title 5, United States Code, is amended by adding at the
end the following new item:
``307. Information regarding settlement agreements.''.
(c) Deadline To Establish Database.--Not later than 1 year after
the date of the enactment of this Act, the Director of the Office of
Management and Budget shall issue guidance required by section
307(b)(2) of title 5, United States Code, as added by subsection (a),
and establish the settlement agreement information database required by
section 307(b)(3) of title 5, United States Code, as added by
subsection (a).
(d) Deadline for First Submission.--Not later than 90 days after
the Director issues guidance under section 307(b)(2) of title 5, United
States Code, as added by subsection (a), the head of each Executive
agency (as defined in section 105 of title 5, United States Code) shall
begin submitting information to the database established under such
section 307.
SEC. 3. AMENDMENTS TO THE FREEDOM OF INFORMATION ACT.
Section 552(a)(2) of title 5, United States Code, is amended--
(1) by redesignating subparagraphs (B) through (E) as
subparagraphs (C) through (F), respectively; and
(2) by inserting after subparagraph (A) the following new
subparagraph:
``(B) each settlement agreement (as defined in section 307)
entered into by an Executive agency, with redactions for
information that the agency may withhold under paragraph (8)
and subsections (b) and (c) of this section;''.
SEC. 4. RULE OF CONSTRUCTION.
Nothing in this Act, or the amendments made by this Act, shall be
construed to require the disclosure of information or records that any
agency may properly withhold from public disclosure under section 552
of title 5, United States Code (commonly known as the ``Freedom of
Information Act'').
SEC. 5. EFFECTIVE DATE; APPLICABILITY.
This Act shall be effective 180 days after the date of the
enactment of this Act and shall apply--
(1) with respect to any settlement agreement (as such term
is defined in section 307 of title 5, United States Code, as
added by section 2), entered into on or after the date of the
enactment of this Act; and
(2) to the extent practicable, any such settlement
agreement (as such term is defined in section 307 of title 5,
United States Code, as added by section 2) that remains in
effect on or after the date of the enactment of this Act.
SEC. 6. DETERMINATION OF BUDGETARY EFFECTS.
The budgetary effects of this Act, for the purpose of complying
with the Statutory Pay-As-You-Go Act of 2010, shall be determined by
reference to the latest statement titled ``Budgetary Effects of PAYGO
Legislation'' for this Act, submitted for printing in the Congressional
Record by the Chairman of the House Budget Committee, provided that
such statement has been submitted prior to the vote on passage.
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