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II
117TH CONGRESS
1ST SESSION
S. 2079
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
JUNE 16, 2021
Mr. TUBERVILLE 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 Representa-
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tives of the United States of America in Congress assembled,
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SECTION 1. SHORT TITLE.
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This Act may be cited as the ‘‘Stop Settlement Slush
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Funds Act of 2021’’.
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SEC. 2. LIMITATION ON DONATIONS MADE PURSUANT TO
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SETTLEMENT AGREEMENTS TO WHICH THE
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UNITED STATES IS A PARTY.
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(a) DEFINITION.—In this section, the term ‘‘settle-
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ment agreement’’ means a settlement agreement resolving
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a civil action or potential civil action, a plea agreement,
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a deferred prosecution agreement, or a non-prosecution
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agreement.
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(b) LIMITATION ON REQUIRED DONATIONS.—An of-
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ficial or agent of the Federal Government may not enter
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into or enforce any settlement agreement on behalf of the
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United States, directing or providing for a payment or
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loan to any person or entity other than the United States,
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other than a payment or loan that provides restitution for
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or otherwise directly remedies actual harm (including to
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the environment) directly and proximately caused by the
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party making the payment or loan or constitutes payment
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for services rendered in connection with the case, or a pay-
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ment pursuant to section 3663 of title 18, United States
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Code.
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(c) PENALTY.—Any official or agent of the Federal
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Government who violates subsection (b) shall be subject
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to the same penalties that would apply in the case of a
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violation of section 3302 of title 31, United States Code.
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(d) EFFECTIVE DATE.—Subsections (b) and (c) shall
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apply only to any settlement agreement concluded on or
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after the date of enactment of this Act.
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(e) REPORTS ON SETTLEMENT AGREEMENTS.—
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(1) IN GENERAL.—Beginning at the end of the
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first fiscal year that begins after the date of enact-
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ment of this Act, and annually thereafter, the head
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of each Federal agency shall submit electronically to
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the Congressional Budget Office a report on each
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settlement agreement entered into by that agency
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during that fiscal year that directs or provides for
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a payment or loan to a person or entity other than
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the United States that provides restitution for or
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otherwise directly remedies actual harm (including
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to the environment) directly and proximately caused
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by the party making the payment or loan, or con-
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stitutes payment for services rendered in connection
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with the case, including the parties to each settle-
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ment agreement, the source of the settlement funds,
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and where and how such funds were and will be dis-
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tributed.
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(2) PROHIBITION ON ADDITIONAL FUNDING.—
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No additional funds are authorized to be appro-
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priated to carry out this subsection.
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Æ
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