SACKLER Act

I 117TH CONGRESS 1ST SESSION H. R. 2096 To prohibit the non-consensual release of claims by States, municipalities, federally recognized Tribes, or the United States against non-debtors, and for other purposes. IN THE HOUSE OF REPRESENTATIVES MARCH 19, 2021 Mrs. CAROLYN B. MALONEY of New York (for herself and Mr. DESAULNIER) introduced the following bill; which was referred to the Committee on the Judiciary A BILL To prohibit the non-consensual release of claims by States, municipalities, federally recognized Tribes, or the United States against non-debtors, and for other purposes. Be it enacted by the Senate and House of Representa- 1 tives of the United States of America in Congress assembled, 2 SECTION 1. SHORT TITLE. 3 This Act may be cited as the ‘‘Stop shielding Assets 4 from Corporate Known Liability by Eliminating non-debt- 5 or Releases Act’’ or the ‘‘SACKLER Act’’. 6 SEC. 2. NON-DEBTOR RELEASES. 7 (a) PROHIBITION ON CERTAIN NON-DEBTOR RE- 8 LEASES.—Section 105(b) of title 11, United States Code, 9 VerDate Sep 11 2014 02:31 May 25, 2021 Jkt 019200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6201 E:\BILLS\H2096.IH H2096 pbinns on DSKJLVW7X2PROD with BILLS 2 •HR 2096 IH is amended by striking ‘‘a court may not’’ and all that 1 follows, and inserting the following: ‘‘a court may not— 2 ‘‘(1) appoint a receiver in a case under this 3 title; or 4 ‘‘(2) except as provided by section 524(g) of 5 this title, enjoin or release a claim against a non- 6 debtor by a State, municipality, federally recognized 7 Tribe, or the United States.’’. 8 (b) TEMPORARY STAY ON ACTIONS AGAINST NON- 9 DEBTORS.—Section 105 of title 11, United States Code, 10 is amended by adding at the end the following: 11 ‘‘(e) Notwithstanding subsection (b)(2), a court may 12 issue an order staying, for a period not to exceed 90 days, 13 the commencement or continuation, including the issuance 14 or employment of process, of a judicial, administrative, or 15 other action or proceeding by a State, municipality, feder- 16 ally recognized Tribe, or the United States against a non- 17 debtor that was or could have been commenced before the 18 commencement of the case under this title, or to recover 19 a claim against a non-debtor that arose before the com- 20 mencement of the case under this title.’’. 21 Æ VerDate Sep 11 2014 02:31 May 25, 2021 Jkt 019200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6301 E:\BILLS\H2096.IH H2096 pbinns on DSKJLVW7X2PROD with BILLS