[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[S. 225 Introduced in Senate (IS)]
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118th CONGRESS
1st Session
S. 225
To limit donations made pursuant to settlement agreements to which the
United States is a party, and for other purposes.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
February 2, 2023
Mr. Tuberville (for himself, Mr. Tillis, Mr. Cotton, Mr. Scott of
Florida, and Ms. Lummis) introduced the following bill; which was read
twice and 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 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 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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