‘‘(II) statement issued under 
paragraph (4). 
‘‘(B) NONDISCLOSURE.—The requirement 
to submit information or a copy of a settlement 
agreement under subparagraph (A) shall not 
apply to the extent the information or copy (or 
portion thereof)— 
‘‘(i) is subject to a confidentiality pro-
vision that prohibits disclosure of the infor-
mation or copy (or portion thereof); and 
‘‘(ii) would not be disclosed under sec-
tion 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: 
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‘‘(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 inde-
pendent 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 Di-
rector 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 informa-
tion 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, 
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the head of the Executive agency may except the 
settlement agreement from the requirement in para-
graph (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 ex-
plain— 
‘‘(A) what interests confidentiality pro-
tects; and 
‘‘(B) why the interests protected by con-
fidentiality outweigh the public’s interest in 
knowing about the conduct of the Federal Gov-
ernment and the expenditure of Federal re-
sources.’’. 
(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). 
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(d) DEADLINE FOR FIRST SUBMISSION.—Not later 
than 90 days after the Director issues guidance under sec-
tion 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), re-
spectively; and 
(2) by inserting after subparagraph (A) the fol-
lowing 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 infor-
mation or records that any agency may properly withhold 
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from public disclosure under section 552 of title 5, United 
States Code (commonly known as the ‘‘Freedom of Infor-
mation 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 settle-
ment agreement (as such term is defined in section 
307 of title 5, United States Code, as added by sec-
tion 2) that remains in effect on or after the date 
of the enactment of this Act. 
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Union Calendar No. 813 
115TH CONGRESS 
2D SESSION 
H. R. 6777 
[Report No. 115–1046] 
A BILL 
To amend chapter 3 of title 5, United States Code, 
to require the publication of settlement agree-
ments, and for other purposes. 
NOVEMBER 27, 2018 
Committed to the Committee of the Whole House on the 
State of the Union and ordered to be printed 
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