[Congressional Record Volume 161, Number 136 (Monday, September 21, 2015)]
[Senate]
[Page S6851]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

  SA 2668. Mr. LANKFORD (for Mr. Vitter) proposed an amendment to the 
bill S. 1109, to require adequate information regarding the tax 
treatment of payments under settlement agreements entered into by 
Federal agencies, and for other purposes; as follows:

       On page 2, strike lines 11 through 20 and insert the 
     following:
       ``(1) the term `covered settlement agreement' means a 
     settlement agreement (including a consent decree)--
       ``(A) that is entered into by an Executive agency; and
       ``(B)(i) that--
       ``(I) relates to an alleged violation of Federal civil or 
     criminal law; and
       ``(II) requires the payment of a total of not less than 
     $1,000,000 by 1 or more non-Federal persons; or
       ``(ii) that--
       ``(I) relates to the rule making process of the Executive 
     agency or an alleged failure by the Executive agency to 
     engage in a rule making process; and
       ``(II) requires the payment of a total of not less than 
     $200,000 in attorney fees, costs, or expenses by the 
     Executive agency or entity within the Federal Government to a 
     non-Federal person;
       On page 2, line 23, strike ``and''.
       On page 2, line 26, strike the period and insert ``; and''.
       On page 2, after line 26, insert the following:
       ``(4) the term `rule making' has the meaning given that 
     term under section 551(5).
       On page 4, line 3, strike ``and''.
       On page 4, between lines 16 and 17, insert the following:

       ``(VII) a description of where amounts collected under the 
     covered settlement agreement will be deposited, including, if 
     applicable, the deposit of such amounts in an account 
     available for use for 1 or more programs of the Federal 
     Government; and

       On page 7, line 25, insert ``or that entered into a 
     settlement agreement that involves regulatory action or 
     regulatory changes'' after ``covered settlement agreement''.
       On page 8, line 11, strike ``and''.
       On page 8, line 15, strike the period and insert a 
     semicolon.
       On page 8, between lines 15 and 16, insert the following:
       ``(D) the total amount of attorney fees, costs, and 
     expenses paid to non-Federal persons under settlement 
     agreements (including consent decrees) of the Executive 
     agency during that fiscal year; and
       ``(E) the number of settlement agreements (including 
     consent decrees) between the Executive agency and non-Federal 
     persons that involve regulatory action or regulatory changes, 
     including the promulgation of new rules, during that fiscal 
     year.
       On page 8, strike line 25 and all that follows through page 
     9, line 20.
       On page 9, line 21, strike ``(c)'' and insert ``(b)''.

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