What This Bill Does
This bill requires federal agencies to deposit fees, fines, penalties and settlement money into the Treasury instead of keeping it. Congress would then need to approve spending that money through a special budget process, rather than agencies deciding how to use it on their own.
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Who It Affects
Federal agencies that collect fees, fines, penalties or settlement money. The bill excludes the United States Postal Service and United States Patent and Trademark Office.
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Key Provisions
* Federal agencies must deposit all fees, fines, penalties and settlement proceeds into the general Treasury fund, not keep the money themselves (Sec. 2(a))
* Any money deposited can only be spent if Congress approves it in advance through appropriation acts (budget bills that approve specific spending) (Sec. 2(b))
* The law does not apply to whistleblower payments, loan guarantee programs or insurance programs (Sec. 2(c))
* The Patent and Trademark Office must report to Congress each year about fees, fines, penalties and settlement money it collected (Sec. 2(d))
* Money collected by agencies must be counted as revenue when Congress makes budget decisions (Sec. 3)
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What Changes
If passed, federal agencies would lose the ability to use fees and penalties they collect without getting Congress to approve that spending first. The Patent and Trademark Office would start filing yearly reports to Congress about money it collects.
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Important Definitions
The bill defines "agency" as government departments and offices listed in federal law, but specifically excludes the Postal Service and Patent and Trademark Office (Sec. 2(e)).
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Effective Date
The budget rule changes take effect one year after the law passes. Not specified in bill text for other provisions.
I
118TH CONGRESS
1ST SESSION H. R. 2368
To require the appropriation of funds to use a fee, fine, penalty, or proceeds
from a settlement received by a Federal agency, and for other purposes.
IN THE HOUSE OF REPRESENTATIVES
MARCH 29, 2023
Mr. PALMER introduced the following bill; which was referred to the Com-
mittee on Oversight and Accountability, and in addition to the Commit-
tees on the Judiciary, the Budget, and Rules, for a period to be subse-
quently determined by the Speaker, in each case for consideration of such
provisions as fall within the jurisdiction of the committee concerned
A BILL
To require the appropriation of funds to use a fee, fine,
penalty, or proceeds from a settlement received by a
Federal agency, 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 ‘‘Agency Accountability
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Act of 2023’’.
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SEC. 2. APPROPRIATION OF FUNDS REQUIRED.
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(a) IN GENERAL.—Notwithstanding any other provi-
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sion of law, and consistent with subsection (c), an agency
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•HR 2368 IH
that receives a fee, fine, penalty, or proceeds from a settle-
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ment shall deposit such amount in the general fund of the
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Treasury.
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(b) USE
OF AMOUNTS SUBJECT
TO APPROPRIA-
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TION.—Any amounts deposited pursuant to subsection (a)
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shall only be available to the extent, and in such amounts,
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as are provided in advance in appropriation Acts.
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(c) EXCEPTIONS.—This section shall not apply to any
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of the following:
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(1) Amounts to be paid to an individual entitled
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to such amounts as a whistleblower, including any
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amounts received as a percentage of amounts re-
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ceived by the Government pursuant to a judgment or
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settlement agreement.
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(2) A loan guarantee program.
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(3) An insurance program.
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(d) USPTO REPORT TO CONGRESS REQUIRED.—Not
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later than March 1 of each year, the Under Secretary of
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Commerce for Intellectual Property and Director of the
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United States Patent and Trademark Office shall submit
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to Congress a report that describes any fee, fine, penalty,
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or proceeds from a settlement collected by the United
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States Patent and Trademark Office for the previous fis-
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cal year.
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•HR 2368 IH
(e) AGENCY DEFINED.—The term ‘‘agency’’ has the
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meaning given that term in section 551 of title 5, United
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States Code, but does not include the United States Postal
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Service or the United States Patent and Trademark Of-
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fice.
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SEC. 3. OFFSETTING COLLECTIONS AND RECEIPTS AS REV-
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ENUE.
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(a) IN GENERAL.—The Congressional Budget Act of
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1974 (2 U.S.C. 621 et seq.) is amended—
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(1) in section 3(2)(A)(iv), by inserting ‘‘except
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as provided in section 316,’’ before ‘‘offsetting re-
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ceipts’’; and
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(2) by adding after section 315 the following:
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‘‘TREATMENT OF OFFSETTING COLLECTIONS AND
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RECEIPTS
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‘‘SEC. 316. Notwithstanding any other provision of
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law, offsetting receipts and collections shall be treated as
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revenue for purposes of carrying out this or any other Act.
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The preceding sentence shall not apply to the United
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States Postal Service or the United States Patent and
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Trademark Office.’’.
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(b) CLERICAL AMENDMENT.—The table of contents
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of such Act is amended by inserting after the item relating
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to section 315 the following:
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‘‘316. Treatment of offsetting collections and receipts.’’.
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•HR 2368 IH
(c) APPLICATION.—The amendments made by this
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section shall apply during budget years (as that term is
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defined in section 250(c)(12) of the Balanced Budget and
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Emergency Deficit Control Act of 1985 (2 U.S.C.
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900(c)(12))) beginning one year after the date of the en-
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actment of this Act.
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Æ
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