The U.S. House of Representatives passed Congressman Gary Palmer’s bipartisan government transparency bill, the Settlement Agreement Information Database Act (SAID Act), H.R. 300, during Tuesday’s session.
“The American people have been kept in the dark about legally binding agreements made by federal agencies for too long. Legal settlements made by these agencies must be transparent,” Rep. Palmer said in a statement. “With no database or recordkeeping standard, the public can only access this information from quickly written press releases, at best. This bipartisan bill will substantially increase government transparency. The SAID Act will provide transparency, oversight, and accountability by making these records publicly accessible. The database will be overseen and maintained by the Office of Management and Budget and include a list of state and local governments and other entities impacted by the settlement.”
The SAID Act requires federal agencies to submit information regarding settlement agreements and consent decrees into a publicly accessible database overseen by the Office of Management and Budget. If an agency believes an agreement should be confidential, the SAID Act will require a public explanation to be published. This level of transparency will provide state and local officials and the general public with a trail of documentation explaining these deals made by federal agencies.
The bipartisan SAID Act passed the House of Representatives by a vote of 425 to 0. Given that there is no opposition to the bill from either party, it is likely to pass the Senate if and when the U.S. Senate takes up the legislation.
Before the vote, Rep. Palmer spoke in favor of the legislation on the House floor.
“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,” Palmer said. “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 ensuring 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 that transparency. Unfortunately, agencies generally release limited information about these settlements. When information is released, 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 the settlement agreement confidential with no explanation. These 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 which must continue to follow the mandated requirements which often remain in effect for decades.”
Gary Palmer is in his fifth term, representing Alabama’s Sixth Congressional District. Before his election to Congress, Palmer was the President and co-founder of the Alabama Policy Institute. He and his wife reside in Hoover.
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