[Congressional Bills 117th Congress]
[From the U.S. Government Publishing Office]
[S. 3900 Introduced in Senate (IS)]

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117th CONGRESS
  2d Session
                                S. 3900

   To amend chapter 3 of title 5, United States Code, to require the 
     publication of settlement agreements, and for other purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                             March 22, 2022

 Mr. Lankford introduced the following bill; which was read twice and 
referred to the Committee on Homeland Security and Governmental Affairs

_______________________________________________________________________

                                 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 2022''.

SEC. 2. DEFINITIONS.

    In this Act:
            (1) Executive agency.--The term ``Executive agency'' has 
        the meaning given the term in section 105 of title 5, United 
        States Code.
            (2) Settlement agreement.--The term ``settlement 
        agreement'' has the meaning given the term in section 307 of 
        title 5, United States Code, as added by section 3(a) of this 
        Act.

SEC. 3. 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:
``Sec. 307. Information regarding settlement agreements
    ``(a) Definitions.--In this section:
            ``(1) Local government.--The term `local government' has 
        the meaning given the 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), which 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:

``307. Information regarding settlement agreements.''.
    (c) Deadline To Establish Database.--Not later than 1 year after 
the date of enactment of this Act, the Director of the Office of 
Management and Budget shall--
            (1) issue the guidance required under section 307(b)(2) of 
        title 5, United States Code, as added by subsection (a); and
            (2) establish the settlement agreement information database 
        required under 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 date on which the Director issues the guidance required under 
section 307(b)(2) of title 5, United States Code, as added by 
subsection (a), the head of each Executive agency shall begin 
submitting information to the database established under such section 
307.

SEC. 4. AMENDMENTS TO THE FREEDOM OF INFORMATION ACT.

    Section 552(a) of title 5, United States Code, is amended--
            (1) in paragraph (2)--
                    (A) by redesignating subparagraphs (B) through (E) 
                as subparagraphs (C) through (F), respectively;
                    (B) by inserting after subparagraph (A) the 
                following:
            ``(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;'';
                    (C) in subparagraph (F), as so redesignated, by 
                striking ``subparagraph (D)'' and inserting 
                ``subparagraph (E)''; and
                    (D) in the flush text following subparagraph (F), 
                as so redesignated--
                            (i) by striking ``subparagraph (D)'' and 
                        inserting ``subparagraph (E)''; and
                            (ii) by striking ``subparagraph (E)'' and 
                        inserting ``subparagraph (F)''; and
            (2) in paragraph (4)(B), by striking ``paragraph (2)(C)'' 
        and inserting ``paragraph (2)(D)''.

SEC. 5. 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. 6. EFFECTIVE DATE; APPLICABILITY.

    This Act shall--
            (1) be effective on the date that is 180 days after the 
        date of enactment of this Act; and
            (2) apply--
                    (A) with respect to any settlement agreement 
                entered into on or after the date of the enactment of 
                this Act; and
                    (B) to the extent practicable, any such settlement 
                agreement that remains in effect on or after the date 
                of enactment of this Act.

SEC. 7. 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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