H. R. 850
IN THE HOUSE OF REPRESENTATIVES
February 3, 2017
Mr. Palmer (for himself, Mr. Aderholt, Mr. Allen, Mr. Babin, Mrs. Blackburn, Mr. Blum, Mr. Brat, Mr. Bridenstine, Mr. Brooks of Alabama, Mr. Buck, Mr. Byrne, Mr. Chaffetz, Mr. Coffman, Mr. Davidson, Mr. Duncan of South Carolina, Mr. Dunn, Mr. Emmer, Mr. Farenthold, Mr. Fleischmann, Ms. Foxx, Mr. Gohmert, Mr. Griffith, Mr. Harris, Mr. Hensarling, Mr. Jody B. Hice of Georgia, Mr. Jordan, Mr. McClintock, Mr. Mullin, Mr. Palazzo, Mr. Perry, Mr. Ratcliffe, Mr. Renacci, Mr. Rokita, Mr. Rouzer, Mr. Sanford, Mr. Schweikert, Mr. Smith of Missouri, Mr. Smith of Texas, Mr. Walberg, Mr. Walker, Mr. Westerman, Mr. Young of Iowa, Mr. Abraham, Mr. Carter of Georgia, Mrs. Hartzler, Mr. Hudson, Mr. McHenry, Mr. Mooney of West Virginia, Mr. Russell, Mr. Austin Scott of Georgia, Mr. Arrington, and Mr. Budd) introduced the following bill; which was referred to the Committee on Oversight and Government Reform, and in addition to the Committees on the Judiciary, the Budget, and Rules, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned
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.
This Act may be cited as the
Agency Accountability Act of 2017.
Appropriation of funds required
Notwithstanding any other provision of law, and consistent with subsection (c), an agency that receives a fee, fine, penalty, or proceeds from a settlement shall deposit such amount in the general fund of the Treasury.
Use of amounts
Subject to appropriation
Consistent with paragraph (2), any amounts deposited pursuant to subsection (a) shall only be available to the extent, and in such amounts, as are provided in advance in appropriation Acts.
Obligation limitation; deficit reduction
Of the amounts so deposited during the fiscal year in which this section is enacted, such amounts—
may not be available for obligation during such fiscal year; and
shall be used for purposes of deficit reduction.
This section shall not apply to any amounts to be paid to an individual entitled to such amounts as a whistleblower, including any amounts received as a percentage of amounts received by the Government pursuant to a judgment or settlement agreement.
USPTO Report to Congress required
Not later than March 1 of each year, the Under Secretary of Commerce for Intellectual Property and Director of the United States Patent and Trademark Office shall submit to Congress a report that describes any fee, fine, penalty, or proceeds from a settlement collected by the United States Patent and Trademark Office for the previous fiscal year.
agency has the meaning given that term in section 551 of title 5, United States Code, but does not include the United States Postal Service or the United States Patent and Trademark Office.
Offsetting collections and receipts as revenue
The Congressional Budget Act of 1974 (2 U.S.C. 621 et seq.) is amended—
in section 3(2)(A)(iv), by inserting
except as provided in section 316, before
offsetting receipts; and
by adding after section 315 the following:
Treatment of offsetting collections and receipts
Notwithstanding any other provision of law, offsetting receipts and collections shall be treated as revenue for purposes of carrying out this or any other Act. The preceding sentence shall not apply to the United States Postal Service or the United States Patent and Trademark Office.
The table of contents of such Act is amended by inserting after the item relating to section 315 the following:
316. Treatment of offsetting collections and receipts.
The amendments made by this section shall apply during budget years (as that term is defined in section 250(c)(12) of the Balanced Budget and Emergency Deficit Control Act of 1985 (2 U.S.C. 900(c)(12))) beginning in 2019.