Settlement Agreement Information Database Act of 2023

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?

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.

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. 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.

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.

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. Speaker, I yield 5 minutes to the gentleman from Alabama (Mr. Palmer).

Mr. Speaker, I reserve the balance of my time.

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. Speaker, on that I demand the yeas and nays.

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. 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

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.

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. Speaker, I yield 1 minute to the gentlewoman from Texas (Ms. Jackson Lee), my colleague.

Mr. Speaker, I yield an additional 1 minute to the gentlewoman from Texas.

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. 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.