Information regarding settlement agreements entered into by agencies

(a)

Requirements for settlement agreements

Subchapter I of chapter 3 of title 5, United States Code, is amended by adding at the end the following:

307.

Information regarding settlement agreements

(a)

Definitions

In this section: (1)

Agency

The term agency has the meaning given the term in section 3502 of title 44. (2)

Covered settlement agreement

(A)

In general

The term covered settlement agreement means a settlement agreement or deferred prosecution agreement that meets 1 or more of the following requirements: (i)Requires not less than $10,000,000 in total explicitly obligated payments of a settling party on the date on which the settlement agreement is executed. (ii)Involves the appointment of a special master or monitor. (iii)Involves a party that is a State, metropolitan city, local government, county, or other unit of government that is not the Federal Government. (iv)Is designated as a covered settlement agreement by the Director as a result of meeting additional criteria determined by the Director as described in subsection (b)(2)(C). (B)

Exclusions

The term covered settlement agreement does not include a settlement agreement that relates to any of the following: (i)The United States Trustee Program. (ii)A Federal employee personnel action, including an action before the Equal Employment Opportunity Commission, the Office of Special Counsel, or the Merit Systems Protection Board, or any other internal personnel-related matter. (iii)A non-prosecution agreement or plea bargain. (iv)The Internal Revenue Code of 1986. (v)Any matter that may be brought as an action pursuant to chapter 46 of title 18. (3)

Director

The term Director means the Director of the Office of Management and Budget. (4)

Local government

The term local government has the meaning given the term in section 6501 of title 31. (5)

Originating agency

The term originating agency means an agency on behalf of which or at the request of which another agency executes a settlement agreement. (6)

Settlement agreement

The term settlement agreement means an agreement (including a consent decree) that— (A)is entered into by an agency; and (B)resolves an alleged violation of Federal, civil, or criminal law. (7)

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)

Covered settlement agreement information database

(1)

Agency requirement

(A)

In general

Not later than 2 years after the date of the enactment of this section, the head of each agency that has entered into a covered settlement agreement shall establish and maintain a public online database that, subject to subparagraph (B), contains the following information and documents to the extent practicable: (i)A list (in a categorized and searchable format) that includes each covered settlement agreement entered into by such agency and publishes with respect to each such covered settlement agreement the following: (I)Whether the covered settlement agreement resolves a civil or criminal claim or both. (II)The date on which each party settling a claim under the covered settlement agreement executes such covered settlement agreement. (III)Any specific statutory provision alleged to have been violated, as may be set forth in any corresponding public letter or complaint. (IV)Any expressly denominated amount of fees and other expenses of attorneys provided by or to the United States. (V)The amount, if any, each party settling a claim under the covered settlement agreement is explicitly obligated to pay as set forth in such covered settlement agreement. (VI)The amount, if any, each party settling a claim under the covered settlement agreement is obligated to pay as expressly specified under the covered settlement agreement as a civil or criminal penalty or fine. (VII)Any payment made under the covered settlement agreement, including the amount of any payment made to or by the Federal Government. (VIII)The projected duration of the covered settlement agreement, if available. (IX)A list of any State, local government, county, or any other unit of government that is directly identified by the substantive terms of the covered settlement agreement. (ii)A copy of each such covered settlement agreement. (B)

Exemptions

The requirement to publish a copy of or any other information with respect to a covered settlement agreement pursuant to subparagraph (A) does not apply to the extent such copy (or portion thereof) or information— (i)is subject to a confidentiality provision or court order that prohibits the disclosure of such copy (or portion) or information; or (ii)would be subject to withholding from public disclosure under section 552. (2)

Guidance

Not later than 1 year after the date of the enactment of this section, the Director, in coordination with the Attorney General, shall issue, and periodically update as necessary thereafter, guidance for the head of each agency to implement paragraph (1) that includes the following: (A)Specific dates by which such head shall publish information necessary to maintain the database of such agency pursuant to paragraph (1)(A), which shall be not less frequently than annually. (B)Data standards, including common data elements and a common, nonproprietary, searchable, machine-readable, and platform-independent format, for the publication of information pursuant to paragraph (1)(A). (C)Additional criteria that such head shall use to determine if a settlement agreement is likely to require significant compliance costs such that such head shall designate such settlement agreement as a covered settlement agreement. (D)A requirement that such head shall use a uniform resource locator for the establishment of the database of such agency pursuant to paragraph (1)(A) that— (i)is— (I)in a consistent format across agencies; and (II)descriptive, memorable, and pronounceable; and (ii)may be agencyname.gov/settlements. (E)A process that such head may use to request certification from the Director that a database of such agency that exists on the date of the enactment of this section complies with this subsection. (F)A process for requiring the head of not less than 1 agency to publish a covered settlement agreement on a database required by paragraph (1)(A) if— (i)multiple agencies are a party to such covered settlement agreement; or (ii)such head enters into an additional covered settlement agreement at the request of or on behalf of an originating agency. (3)

Non-disclosure transparency

(A)

Report on non-disclosure

Not later than 2 years after the date of the enactment of this section, and not less frequently than annually thereafter, the head of each agency that establishes and maintains a database pursuant to paragraph (1)(A) shall submit to Congress and make publicly available on the website of such agency a report on covered settlement agreements that the agency does not publicly disclose in the database for the covered settlements published in the previous year. (B)

Report contents

The report described in subparagraph (A) shall include— (i)the number of covered settlement agreements that were fully exempted under paragraph (1)(B); (ii)for each covered settlement agreement fully exempted under paragraph (1)(B), the specific exemption under that paragraph that applies; and (iii)in the case of a full exemption under paragraph (1)(B)(ii), the specific exemptions under section 552 that apply.

(b)

Clerical amendment

The table of sections for subchapter I of 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)

Rule of construction

(1)

In general

Any information published on a database established and maintained pursuant to section 307(b)(1)(A) of title 5, United States Code, as added by subsection (a), shall not affect the terms of a settlement agreement or the interpretation or application of the settlement agreement. (2)

Legal rights

The inclusion or omission of information or documents in a database established and maintained pursuant to section 307(b)(1)(A) of title 5, United States Code, as added by subsection (a), shall not be construed as creating any legal right or opportunity for judicial review. (3)

Freedom of Information Act

Nothing in this Act, or the amendments made by this Act, shall be construed to require the disclosure of information or records that the head of an agency may withhold from public disclosure under section 552 of title 5, United States Code. (4)

Classified information

Nothing in this Act, or the amendments made by this Act, shall be construed to require the disclosure of classified information. (d)

Applicability

This Act, and the amendments made by this Act, shall apply with respect to— (1)any covered settlement agreement (as defined in section 307(a) of title 5, United States Code, as added by subsection (a)) entered into on or after the date of the enactment of this Act; and (2)to the extent practicable, any such covered settlement agreement that— (A)was entered into on or after January 1, 2015; and (B)remains in effect on or after the date of the enactment of this Act.