[Congressional Bills 115th Congress]
[From the U.S. Government Publishing Office]
[H.R. 732 Referred in Senate (RFS)]

<DOC>
115th CONGRESS
  1st Session
                                H. R. 732


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                            October 25, 2017

  Received; read twice and referred to the Committee on the Judiciary

_______________________________________________________________________

                                 AN ACT


 
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 
2017''.

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 or 
loan to any person or entity other than the United States, other than a 
payment or loan 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 loan, and, to the 
extent any victim thereof was an identifiable person, suffered by the 
payee or lendee, or constitutes payment for services rendered in 
connection with the case or a payment pursuant to section 3663 of title 
18, United States Code.
    (b) Limitation on Cy-Pres.--Amounts remaining after all claims have 
been satisfied shall be repaid proportionally to each party who 
contributed to the original payment.
    (c) Penalty.--Any official or agent of the Government who violates 
subsection (a) or (b), 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.
    (d) Effective Date.--Subsections (a), (b), and (c) apply only in 
the case of a settlement agreement concluded on or after the date of 
enactment of this Act.
    (e) Definition.--The term ``settlement agreement'' means a 
settlement agreement resolving a civil action or potential civil 
action, a plea agreement, a deferred prosecution agreement, or a non-
prosecution agreement.
    (f) Reports on Settlement Agreements.--
            (1) In general.--Beginning at the end of the first fiscal 
        year that begins after the date of the 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 
        or loan to a person or entity other than the United States 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 loan, or constitutes 
        payment for services rendered in connection with the case, 
        including 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 the enactment of 
        this Act.
    (g) Annual Audit Requirement.--
            (1) In general.--Beginning at the end of the first fiscal 
        year that begins after the date of the enactment of this Act, 
        and annually thereafter, the Inspector General of each Federal 
        agency shall submit a report to the Committees on the 
        Judiciary, on the Budget and on Appropriations of the House of 
        Representatives and the Senate, on any settlement agreement 
        entered into in violation of this section by that agency.
            (2) Prohibition on additional funding.--No additional funds 
        are authorized to be appropriated to carry out this subsection.

            Passed the House of Representatives October 24, 2017.

            Attest:

                                                 KAREN L. HAAS,

                                                                 Clerk.