[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[H.R. 788 Introduced in House (IH)]
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118th CONGRESS
1st Session
H. R. 788
To limit donations made pursuant to settlement agreements to which the
United States is a party, and for other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
February 2, 2023
Mr. Gooden of Texas (for himself, Mr. DesJarlais, Mr. Tiffany, Mr.
Norman, Mr. Moolenaar, Mr. Luetkemeyer, Mr. Perry, Mr. Issa, Mr. Weber
of Texas, Mr. Biggs, Ms. Tenney, Mr. Ellzey, Mr. Palmer, and Mr. Cline)
introduced the following bill; which was referred to the Committee on
the Judiciary
_______________________________________________________________________
A BILL
To limit donations made pursuant to settlement agreements to which the
United States is a party, and for other purposes.
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 ``Stop Settlement Slush Funds Act of
2023''.
SEC. 2. LIMITATION ON DONATIONS MADE PURSUANT TO SETTLEMENT AGREEMENTS
TO WHICH THE UNITED STATES IS A PARTY.
(a) Limitation on Required Donations.--An official or agent of the
Government may not enter into or enforce any settlement agreement on
behalf of the United States directing or providing for a payment to any
person or entity other than the United States, other than a payment
that provides restitution for or otherwise directly remedies actual
harm (including to the environment) directly and proximately caused by
the party making the payment, or constitutes payment for services
rendered in connection with the case.
(b) Penalty.--Any official or agent of the Government who violates
subsection (a), shall be subject to the same penalties that would apply
in the case of a violation of section 3302 of title 31, United States
Code.
(c) Effective Date.--Subsections (a) and (b) apply only in the case
of a settlement agreement entered on or after the date of enactment of
this Act.
(d) Definition.--The term ``settlement agreement'' means a
settlement agreement resolving a civil action or potential civil
action.
(e) Reports on Settlement Agreements.--
(1) In general.--Not later than at the end of the first
fiscal year that begins after the date of enactment of this
Act, and annually thereafter, the head of each Federal agency
shall submit electronically to the Congressional Budget Office
a report on each settlement agreement entered into by that
agency during that fiscal year that directs or provides for a
payment to a person or entity other than the United States that
is providing restitution for or otherwise directly remedies
actual harm (including to the environment) directly and
proximately caused by the party making the payment, or that
constitutes payment for services rendered in connection with
the case, which shall include the parties to each settlement
agreement, the source of the settlement funds, and where and
how such funds were and will be distributed.
(2) Prohibition on additional funding.--No additional funds
are authorized to be appropriated to carry out this subsection.
(3) Sunset.--This subsection shall cease to be effective on
the date that is 7 years after the date of enactment of this
Act.
(f) Annual Audit Requirement.--
(1) In general.--Not later than at the end of the first
fiscal year that begins after the date of enactment of this
Act, and annually thereafter, the Inspector General of each
Federal agency shall submit a report on any settlement
agreement entered into in violation of this section by that
agency to--
(A) the Committee on the Judiciary, the Committee
on the Budget, and the Committee on Appropriations of
the Senate; and
(B) the Committee on the Judiciary, the Committee
on the Budget, and the Committee on Appropriations of
the House of Representatives.
(2) Prohibition on additional funding.--No additional funds
are authorized to be appropriated to carry out this subsection.
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