II 112th CONGRESS 1st Session S. 1712 IN THE SENATE OF THE UNITED STATES October 13, 2011 Mr. Brown of Massachusetts (for himself, Mr. Tester, Mr. Barrasso, and Ms. Collins) introduced the following bill; which was read twice and referred to the Committee on the Judiciary A BILL To increase transparency in the payment of judgments and settlements by agencies, and for other purposes.

1.

Short title

This Act may be cited as the Transparency in Judgment Payments Act of 2011.

2.

Disclosure of payments

Section 1304 of title 31, United States Code, is amended by adding at the end the following: (d)(1)Not later than 30 days after the payment of a final judgment, award, or compromise settlement under this section, the Secretary of the Treasury shall publish electronically (including on a dedicated, publicly accessible Web site), in a manner consistent with applicable Federal privacy law— (A)the agency responsible for the payment; (B)a citation to the provision of law under which the claim was made; (C)the amount to be paid; (D)the amount of any interest to be paid; (E)the amount of any attorney fees to be paid; and (F)for any case filed in a court— (i)the case number for the case that resulted in the judgment, award, or settlement; and (ii)the court in which the case was filed. (2)The information published under paragraph (1) shall contain separate sections for claims filed in court and administrative claims. (3)(A)The Secretary of the Treasury shall submit to the Committee on the Judiciary and the Committee on Homeland Security and Governmental Affairs of the Senate and the Committee on the Judiciary and the Committee on Oversight and Government Reform of the House of Representatives a quarterly report that contains— (i)any information published under paragraph (1) during the preceding quarter; and (ii)a confidential appendix that includes, for each case or claim described in clause (i), the identity of the plaintiff, counsel for the plaintiff, and the defendant. (B)A report under subparagraph (A) shall be exempt from disclosure under section 552 of title 5. For purposes of section 552 of title 5, this paragraph shall be considered a statute described in subsection (b)(3)(B) of such section 552. .

3.

Litigation management

(a)

In general

Chapter 6 of title 5, United States Code, is amended by adding at the end the following:

613.

Litigation management

(a)Each agency, in consultation with the Attorney General of the United States and consistent with applicable Federal privacy law, shall submit to the Committee on Homeland Security and Governmental Affairs of the Senate and the Committee on Oversight and Government Reform of the House of Representatives an annual report describing— (1)any civil action filed or pending against the agency or any employee of the agency; and (2)any settlements entered by or final judgments entered against the agency or any employee of the agency. (b)The report required under subsection (a) shall include— (1)a summary of— (A)the number of civil actions filed, pending, or settled; (B)the number of civil actions for which more than 36 months have passed since the date the action was filed; (C)the number of claims— (i)made under a statute or regulation; and (ii)alleging a violation of a statute or regulation; (D)the number of judgments entered for and against the agency; (E)the number of settlements or consent decrees involving the agency; (F)the number of judgments entered under seal; (G)the number of settlements or consent decrees involving a confidentiality agreement or order; (H)the total amount of all judgments, settlements, and attorney fees paid by or on behalf of the agency; and (I)the total number of agency rulemakings or other actions commenced due to a judgment or settlement; (2)for each filed or pending civil action, a summary of the action that— (A)describes— (i)the nature of the action; (ii)the cause of action asserted, including specific statutory references; (iii)the nature and amount of relief requested; (iv)whether the plaintiff is a party to any other litigation against the agency; (v)whether a claim for attorney fees has been made, and if so, the statutory basis for the claim; (vi)the date the action was filed; and (vii)whether more than 36 months have passed since the date the action was filed; and (B)identifies— (i)the court, the presiding judge, and the case number; and (ii)the plaintiff and counsel for the plaintiff; and (3)for each settlement or final judgment, except a settlement or final judgment described in paragraph (4), a summary of the civil action that includes— (A)the nature of the civil action; (B)the amount of the payment or other relief granted or agreed; (C)the amount of attorneys fees paid; and (D)the nature of any rulemaking or other agency action commenced due to the settlement or judgment; and (4)for each settlement or final judgment involving a judgment under seal or a confidentiality agreement or order— (A)the parties to the settlement or final judgment; and (B)each cause of action alleged in the complaint.

. (b)

Technical and conforming amendment

The table of sections for chapter 6 of title 5, United States Code, is amended by adding at the end the following: 613. Litigation management. .