[Congressional Record Volume 169, Number 15 (Tuesday, January 24, 2023)]
[House]
[Pages H262-H265]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
SETTLEMENT AGREEMENT INFORMATION DATABASE ACT OF 2023
Mr. COMER. Mr. Speaker, I move to suspend the rules and pass the bill
(H.R. 300) to amend chapter 3 of title 5, United States Code, to
require the publication of settlement agreements, and for other
purposes, as amended.
The Clerk read the title of the bill.
The text of the bill is as follows:
H.R. 300
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;
[[Page H263]]
``(XI) a brief description of any economic data and
methodology used to justify the terms of the settlement
agreement;
``(XII) any modification 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 paragraph (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.
The SPEAKER pro tempore. Pursuant to the rule, the gentleman from
Kentucky (Mr. Comer) and the gentleman from Maryland (Mr. Raskin) each
will control 20 minutes.
The Chair recognizes the gentleman from Kentucky.
General Leave
Mr. COMER. Madam Speaker, I ask unanimous consent that all Members
may have 5 legislative days in which to revise and extend their remarks
and include extraneous material on this measure.
The SPEAKER pro tempore. Is there objection to the request of the
gentleman from Kentucky?
There was no objection.
Mr. COMER. Mr. Speaker, I yield myself such time as I may consume.
Mr. Speaker, I rise in support of H.R. 300, the Settlement Agreement
Information Database Act.
Transparency and public participation are vital to ensure the
public's continued trust in our government. Federal agencies frequently
use settlement agreements to resolve litigation without going through
lengthy public trials. However, it is impossible for Congress and the
public to determine the impact these settlement agreements have on
State and local governments and private-sector entities because they
must continue to follow the agency requirements these agreements
mandate.
Such secret negotiations and agreements essentially prevent the
public from participating in important policy decisions.
These Federal settlements agreements impose a tremendous burden. They
are often difficult to see and hard to understand.
Further, State and local governments, industry stakeholders, and
taxpayers can be directly affected by the settlements for years, yet
they can't provide input. This legislation seeks to correct that
problem.
The Settlement Agreement Information Database Act, or SAID Act,
requires Federal agencies to submit information regarding consent
decrees and settlement agreements to a public electronic database.
This public resource, to be overseen by the Office of Management and
Budget, will include dates, payments, attorney's fees awards, and a
list of State and local governments and other entities impacted by each
settlement.
Currently, agencies release information about settlements at their
discretion and will only publicize the facts that reflect favorably
upon the agency. Furthermore, the terms of the settlement agreements
are often deemed confidential.
Under the requirements of the SAID Act, if an agency believes that
information regarding an agreement should remain confidential, the
agency head must publish an explanation of why it is confidential. This
will increase transparency and shine a much-needed light on agency
settlement agreements.
I thank my Committee on Oversight and Accountability colleagues Gary
Palmer and Gerry Connolly for preparing this important legislation for
consideration today.
Mr. Speaker, I urge my colleagues on both sides of the aisle to
support this commonsense legislation, and I reserve the balance of my
time.
Mr. RASKIN. Mr. Speaker, I yield myself such time as I may consume.
Mr. Speaker, I do indeed support this significant, commonsense, and
bipartisan legislation. I thank the chairman again, and I thank
Representatives Palmer and Connolly for their hard work on it.
The Settlement Agreement Information Database Act will create a
database of settlement agreements entered into by Federal agencies
relating to alleged violations of Federal civil or criminal law. The
OMB will manage the database and set deadlines for submission.
The heads of executive agencies will be required to submit details
about the
[[Page H264]]
types of settlement agreements they have entered into, the parties who
are actually involved in them, the specific violations, and the dates
upon which such settlement agreements were made. All information about
the settlement agreements would remain public until 5 years after they
terminate.
The information in the agreements would remain subject to the Freedom
of Information Act, but if the head of the agency decided to keep an
entire agreement confidential, he or she would be required to provide a
specific explanation of that action.
{time} 1745
This legislation will substantially improve the transparency
surrounding so many settlement agreements, which in the past have been
very difficult for the public to access or even to find. Transparency
is, of course, central to the rule of law.
Mr. Speaker, I reserve the balance of my time.
Mr. COMER. Mr. Speaker, I yield 5 minutes to the gentleman from
Alabama (Mr. Palmer).
Mr. PALMER. Mr. Speaker, I rise in support of H.R. 300, the
Settlement Agreement Information Database Act.
The principle of open government is a hallmark of our system of
governing, dating as far back as the Enlightenment.
The open government doctrine maintains that citizens have a right to
access the Federal Government's records and operations to facilitate
oversight of the public business.
Open government principles are key to fulfilling the promise of a
nation ruled by the consent of the governed.
Open government requires transparency and public participation, which
are vital to ensure the public's continued trust in our government.
Increasingly, however, Federal agencies have entered into legally
binding settlement agreements to resolve litigation without going
through lengthy public trials that often provide the transparency.
Unfortunately, agencies generally release limited information about
these settlements. When information is published, it is usually in the
form of a press release focused more on self-promoting than informing.
Furthermore, Federal agencies can unilaterally deem the terms of a
settlement agreement confidential with no explanation.
Such secret negotiations and agreements prevent the public from
participating in important policy decisions made on their behalf.
As a result, it is impossible for Congress and the public to
determine the comprehensive impact of these settlement agreements on
State and local governments, private sector entities, and taxpayers.
These parties are often barred from providing input but must continue
to follow the mandated requirements which often remain in effect for
decades.
Today, I am pleased to join my colleagues on both sides of the aisle
as we take this first step to correct this problem.
The Settlement Agreement Information Database Act, or the SAID Act,
will increase the transparency of the Federal Government and shine a
much-needed light on settlement agreements.
The bill requires Federal agencies to submit information regarding
settlement agreements to a public, electronic database.
This public resource, to be overseen by the Office of Management and
Budget, would include dates, payments, attorney's fees awards, and a
list of States, municipalities, and other entities impacted by these
settlements.
Under the requirements of the SAID Act, if the agency believes that
the information regarding an agreement should remain confidential, the
agency head must publish an explanation of why it is confidential.
Mr. Speaker, I thank my colleagues for supporting this bipartisan
legislation. They include Chairman Comer, Ranking Member Raskin,
Representatives Ami Bera, Scott Peters, Andy Barr, and French Hill.
I especially thank my colleague across the aisle, Representative
Gerry Connolly, for his leadership in introducing this bill jointly
with me.
In a time when Americans feel divided, it is important to come
together to support commonsense, good government legislation.
I am happy we could, once again, expedite its consideration in the
House, and I urge my colleagues on both sides of the aisle to support
this commonsense legislation.
Mr. RASKIN. Mr. Speaker, I yield 1 minute to the gentlewoman from
Texas (Ms. Jackson Lee), my colleague.
Ms. JACKSON LEE. Mr. Speaker, first of all, let me express my
appreciation to the members of this committee, Gerry Connolly, and then
to look at my friend, Mr. Raskin, I am delighted to be on the floor
with him and delighted to be on the floor with the manager of this
legislation as well.
Mr. Speaker, I rise in support of H.R. 300, the Settlement Agreement
Information Database Act of 2023, which would help increase the
transparency of executive agencies to the public and allow the public
to hold the government accountable.
This is the people's House. We were just discussing, even today, the
enormity of the work that we have done in the powerful infrastructure
bill, the CHIPS bill, and the Inflation Reduction Act. But if there are
aspects of a bill that should be directed to the people, if there is
information that lets them have a fullness of what has happened on
behalf of the American people--what have we accomplished?
The SPEAKER pro tempore. The time of the gentlewoman has expired.
Mr. RASKIN. Mr. Speaker, I yield an additional 1 minute to the
gentlewoman from Texas.
Ms. JACKSON LEE. Mr. Speaker, H.R. 300 would make public certain
information included in settlement agreements entered into by executive
agencies by establishing a public database for the reporting of
agreements that cover alleged violation of civil or criminal law.
The information that will be disclosed to the public include: what
type of settlement it is, any costs of money involved in the settlement
agreement, what State and local governments are affected by the
settlements, and the duration and modifications of such.
This ties into my point earlier of knowing information about what is
going on in the government in terms of our legislation. This
specifically provides the information to families and businesses and
communities if there has been a settlement on a matter that they are
interested in.
True transparency is for the government to be known by American
citizens on everything we do, and one of the most hidden is the idea of
settlements of cases. Maybe it has impacted a city, an individual, a
family, a school, and it is important to know what these agreements
are.
Mr. Speaker, I am very pleased to have this legislation in the name
of transparency, and I rise to support H.R. 300, and I ask my
colleagues to support it enthusiastically as well.
Mr. Speaker, I rise today in support of H.R. 300, the `Settlement
Agreement Information Database Act of 2023,'' which would help increase
transparency of executive agencies to the public and allow the people
to hold the government accountable.
H.R. 300 would make public certain information included in settlement
agreements entered into by Executive agencies by establishing a public
database for the reporting of agreements that cover alleged violation
of Federal civil or criminal law.
The information that will be disclosed to the public include the
following: what the type of settlement agreement it is, who is
involved, any costs or money involved in the settlement agreement, what
state and local governments are affected by the settlement agreements,
the duration and modifications of the settlement agreement and any
justifications for the settlement agreement.
This bill also allows for confidentiality in situations where the
interests of the confidentiality provision would protect public
interest.
An information database is important in the oversight of executive
agencies, to ensure they are properly carrying out and enforcing laws
we have passed.
As a senior member of the Homeland Security Committee, this
information would be vital to the security of the country.
This information is important in knowing what secret deals are being
made that relate to the violation of federal civil or criminal law, and
to whom and where settlement payments are being sent.
H.R. 300 is a crucial step in protecting democracy.
By making settlement agreements public information, the public will
feel more confident that there are no secret deals to cover bad
behavior by corrupt government officials.
[[Page H265]]
Additionally, this act serves as a deterrent for potential bad
behavior in any government agency because the information database
would ensure that bad behavior could not be hidden.
We work in an office of public trust, and the best way to ensure that
the people trust us and listen to us, is to be as transparent as
possible in any actions we take.
H.R. 300 helps the people to keep the government and check and hold
us accountable.
By becoming transparent in how settlements are paid, taxpayers can be
confident in how their money is being spent and what ways settlement
agreements are impacting fiscal health.
It is important that we know the financial burden these settlements
have on state and local governments.
The people deserve to be informed on where their money is being put
and how that affects their communities and public services.
This way, when the people feel violated or that a community issue is
not addressed, they can better advocate for themselves and participate
in the democratic process.
As elected officials, our job is to make sure we are helping our
constituents and advocating for their issues.
If we limit information, we are stopping our citizens from getting
the help they need from us or understanding who they should hold
accountable for a problem.
That would be a detriment to democracy.
H.R. 300 is necessary because it is an important step in creating
government transparency which is crucial to the democratic process.
Mr. COMER. Mr. Speaker, I reserve the balance of my time.
Mr. RASKIN. Mr. Speaker, I would say, in closing, that I was moved by
what Mr. Palmer had to say, that democracy is based on consent, and
consent is based on access, but there is no access if you don't have
transparency.
I think about something that James Madison said: ``And a people who
mean to be their own governors must arm themselves with the power that
knowledge gives.'' So people need to have knowledge of everything that
our government is doing. We don't want government entities entering
into secret, sweetheart settlements with different litigants. It has
got to be open to the whole public.
Mr. Speaker, I thank him and I thank the chairman for bringing this
forward, and I yield back the balance of my time.
Mr. COMER. Mr. Speaker, I am happy we could expedite the Settlement
Agreement Information Database Act's consideration today.
This Chamber has passed the SAID Act with broad support three
separate times, in the 115th, 116th, and 117th Congresses. It is time
the Senate acted on this important legislation.
Mr. Speaker, I urge my colleagues to support this necessary,
bipartisan legislation, and I yield back the balance of my time.
Mr. CONNOLLY. Mr. Speaker, I rise today in support of the Settlement
Agreement Information Database Act, which I'm co-leading with my
colleague from Alabama, Mr. Palmer.
This bipartisan legislation was considered under suspension and
agreed to in the House of Representatives by a voice vote in previous
Congresses.
I am glad to note that the first couple of bills from the Oversight
and Accountability Committee coming to the Floor in the 118th Congress
are bipartisan measures.
That continues the tradition from the 117th Congress, when the first
bill on the Floor from the Oversight Committee was the FedRAMP
Authorization Act (117th), a bipartisan bill I wrote, co-led, and
passed with now-Chairman James Comer.
Federal settlement agreements, negotiated behind closed doors, cannot
continue to be shrouded in secrecy when they directly affect States,
municipalities, and local stakeholders.
The SAID Act bring these binding agreements into the light by
requiring federal agencies to publicly publish their documents or
provide the public with written justification to keep the records
confidential.
Details of the settlement agreements would remain public until 5
years after the termination of the agreements.
Increased transparency and better intergovernmental collaboration
help form the foundation of good government, and this bill is one more
tool to ensure government accountability.
I am a former local government official who served on the Fairfax
County Board of Supervisors for 14 years, including 5 years as
Chairman.
I currently chair the Congressional Caucus on Former Local Elected
Officials, and I have authorized legislation, the Restore the
Partnership Act, which would revive the Advisory Commission on
Intergovernmental Relations.
I am committed to enhancing the intergovernmental partnership, which
often entails requiring the federal government to be more transparent
and proactive in its relationship with local governments.
When it comes to settlement agreements that have the potential of
tying the hands of local governments on everything from stormwater
management to public education the default should be transparency.
I welcome this bipartisan legislation, urge my colleagues to support
it, and ask the Senate to act on this bill.
The SPEAKER pro tempore. The question is on the motion offered by the
gentleman from Kentucky (Mr. Comer) that the House suspend the rules
and pass the bill, H.R. 300, as amended.
The question was taken.
The SPEAKER pro tempore. In the opinion of the Chair, two-thirds
being in the affirmative, the ayes have it.
Mr. COMER. Mr. Speaker, on that I demand the yeas and nays.
The yeas and nays were ordered.
The SPEAKER pro tempore. Pursuant to clause 8 of rule XX, further
proceedings on this motion will be postponed.
____________________