[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.

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