#aafth ,,congress #ast ,session ,h4 ,r4 #iie ,,an ,,act ,to amend chapter #c of title #e1 ,united ,states ,code1 to require the publication of settlement agreements1 and for other purposes4 #a4 ,short title ,this ,act may be cited as the ,settlement ,agreement ,information ,database ,act of #bjai4 #b4 ,information regarding settlement agreements entered into by ,federal agencies 7a7 ,requirements for settlement agreements ,chapter #c of title #e1 ,united ,states ,code1 is amended by adding at the end the following new section3 #cjg4 ,information regarding settlement agreements 7a7 ,definitions ,in this section3 7#a7 ,local government ,the term local government has the meaning given that term in section #feja of title #ca4 7#b7 ,order type ,the term order type means the type of action or instrument used to settle a civil or criminal judicial action4 7#c7 ,settlement agreement ,the term settlement agreement means a settlement agreement 7including a consent decree7 that-- 7,a7 is entered into by an ,executive agency2 and 7,b7 relates to an alleged violation of ,federal civil or criminal law4 7#d7 ,state ,the term ,state means each of the several ,states1 the ,district of ,columbia1 each territory or possession of the ,united ,states1 and each federally recognized ,indian ,tribe4 7b7 ,settlement ,agreement ,information ,database 7#a7 ,executive agency requirement 7,a7 ,in general ,subject to subparagraph 7,b71 the head of each ,executive agency shall1 in accordance with guidance issued pursuant to paragraph 7#b71 submit the following information to the database established under paragraph 7#c73 7i7 ,a list of each settlement agreement1 in a categorized and searchable format1 entered into by the ,executive agency1 as a party to a lawsuit1 which shall include1 for each settlement agreement-- 7,i7 the order type of the settlement agreement2 7,,ii7 the date on which the parties entered into the settlement agreement2 7,,iii7 a list of specific violations that specify the basis for the action taken1 with a description of the claims each party settled under the settlement agreement2 7,,iv7 the amount of attorneys' fees and other litigation costs awarded1 if any1 including a description of the statutory basis for such an award2 7,v7 the amount each party settling a claim under the settlement agreement is obligated to pay under the settlement agreement2 7,,vi7 the total amount the settling parties are obligated to pay under the settlement agreement2 7,,vii7 the amount1 if any1 the settling party is obligated to pay that is expressly specified under the settlement agreement as a civil or criminal penalty or fine2 7,,viii7 any payment made under the settlement agreement1 including a description of any payment made to the ,federal ,government2 7,,ix7 the projected duration of the settlement agreement1 if available2 7,x7 a list of ,state or local governments that may be directly affected by the terms of the settlement agreement2 7,,xi7 a brief description of any economic data and methodology used to justify the terms of the settlement agreement2 7,,xii7 any modifications to the settlement agreement1 when applicable2 7,,xiii7 notice and comments1 when applicable2 and 7,,xiv7 whether the settlement agreement is still under judicial enforcement and any period of time by which the parties agreed to have certain conditions met4 7ii7 ,a copy of each-- 7,i7 settlement agreement entered into by the ,executive agency2 and 7,,ii7 statement issued under paragraph 7#d74 7,b7 ,nondisclosure ,the requirement to submit information or a copy of a settlement agreement under subparagraph 7,a7 shall not apply to the extent the information or copy 7or portion thereof7-- 7i7 is subject to a confidentiality provision that prohibits disclosure of the information or copy 7or portion thereof72 and 7ii7 would not be disclosed under section #eeb1 if the ,executive agency provides a citation to the applicable exemption4 7,c7 ,clarification of responsible agency ,in a case in which an ,executive agency is acting at the request or on behalf of another ,executive agency 7referred to as the originating agency71 the originating agency is responsible for submitting information under subparagraph 7,a74 7#b7 ,guidance ,the ,director of the ,office of ,management and ,budget shall issue guidance for ,executive agencies to implement paragraph 7#a74 ,such guidance shall include the following3 7,a7 ,specific dates by which submissions must be made1 not less than twice a year4 7,b7 ,data standards1 including common data elements and a common1 nonproprietary1 searchable1 machine-readable1 platform independent format4 7,c7 ,a requirement that the information and documents required under paragraph 7#a7 are publicly available for a period starting on the date of the settlement through not less than #e years after the termination of the settlement agreement4 7#c7 ,establishment of database ,the ,director of the ,office of ,management and ,budget1 or the head of an ,executive agency designated by the ,director1 shall establish and maintain a public1 searchable1 downloadable database for ,executive agencies to directly upload and submit the information and documents required under paragraph 7#a7 for immediate publication online4 7#d7 ,statement of confidentiality ,if the head of an ,executive agency determines that a confidentiality provision in a settlement agreement1 or the sealing of a settlement agreement1 is required to protect the public interest of the ,united ,states1 the head of the ,executive agency may except the settlement agreement from the requirement in paragraph 7#a7 and shall issue a written public statement stating why such action is required to protect the public interest of the ,united ,states1 which shall explain-- 7,a7 what interests confidentiality protects2 and 7,b7 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 resources4 4 7b7 ,technical and conforming amendment ,the table of sections for chapter #c of title #e1 ,united ,states ,code1 is amended by adding at the end the following new item3 #cjg4 ,information regarding settlement agreements4 4 7c7 ,deadline ,to establish database ,not later than #a year after the date of the enactment of this ,act1 the ,director of the ,office of ,management and ,budget shall issue guidance required by section #cjg7;b77#b7 of title #e1 ,united ,states ,code1 as added by subsection 7a71 and establish the settlement agreement information database required by section #cjg7;b77#c7 of title #e1 ,united ,states ,code1 as added by subsection 7a74 7d7 ,deadline for first submission ,not later than #ij days after the ,director issues guidance under section #cjg7;b77#b7 of title #e1 ,united ,states ,code1 as added by subsection 7a71 the head of each ,executive agency 7as defined in section #aje of title #e1 ,united ,states ,code7 shall begin submitting information to the database established under such section #cjg4 #c4 ,amendments to the ,freedom of ,information ,act ,section #eeb7;a77#b7 of title #e1 ,united ,states ,code1 is amended-- 7#a7 by redesignating subparagraphs 7,b7 through 7,e7 as subparagraphs 7,c7 through 7,f71 respectively2 and 7#b7 by inserting after subparagraph 7,a7 the following new subparagraph3 7,b7 each settlement agreement 7as defined in section #cjg7 entered into by an ,executive agency1 with redactions for information that the agency may withhold under paragraph 7#h7 and subsections 7b7 and 7c7 of this section2 4 #d4 ,rule of construction ,nothing in this ,act1 or the amendments made by this ,act1 shall be construed to require the disclosure of information or records that any agency may properly withhold from public disclosure under section #eeb of title #e1 ,united ,states ,code 7commonly known as the ,freedom of ,information ,act74 #e4 ,effective date2 applicability ,this ,act shall be effective #ahj days after the date of the enactment of this ,act and shall apply-- 7#a7 with respect to any settlement agreement 7as such term is defined in section #cjg of title #e1 ,united ,states ,code1 as added by section #b71 entered into on or after the date of the enactment of this ,act2 and 7#b7 to the extent practicable1 any such settlement agreement 7as such term is defined in section #cjg of title #e1 ,united ,states ,code1 as added by section #b7 that remains in effect on or after the date of the enactment of this ,act4 #f4 ,determination of budgetary effects ,the budgetary effects of this ,act1 for the purpose of complying with the ,statutory ,pay-,as-,you-,go ,act of #bjaj1 shall be determined by reference to the latest statement titled ,budgetary ,effects of ,,paygo ,legislation for this ,act1 submitted for printing in the ,congressional ,record by the ,chairman of the ,house ,budget ,committee1 provided that such statement has been submitted prior to the vote on passage4 ,passed the ,house of ,representatives ,february #ac1 #bjai4;,clerk4