I 

115TH CONGRESS 

1ST SESSION H. R. 850 

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 

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 

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. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 


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•HR 850 IH

1 SECTION 1. SHORT TITLE. 

2 This Act may be cited as the ‘‘Agency Accountability 

3 Act of 2017’’. 

4 SEC. 2. APPROPRIATION OF FUNDS REQUIRED. 

5 (a) IN GENERAL.—Notwithstanding any other provi6 sion of law, and consistent with subsection (c), an agency 

7 that receives a fee, fine, penalty, or proceeds from a settle8 ment shall deposit such amount in the general fund of the 

9 Treasury. 

10 (b) USE OF AMOUNTS.— 

11 (1) SUBJECT TO APPROPRIATION.—Consistent 

12 with paragraph (2), any amounts deposited pursuant 

13 to subsection (a) shall only be available to the ex14 tent, and in such amounts, as are provided in ad15 vance in appropriation Acts. 

16 (2) OBLIGATION LIMITATION; DEFICIT REDUC17 TION.—Of the amounts so deposited during the fis18 cal year in which this section is enacted, such 

19 amounts— 

20 (A) may not be available for obligation 

21 during such fiscal year; and 

22 (B) shall be used for purposes of deficit re23 duction. 

24 (c) EXCEPTION.—This section shall not apply to any 

25 amounts to be paid to an individual entitled to such 

26 amounts as a whistleblower, including any amounts reVerDate Sep 11 2014 22:43 Feb 10, 2017 Jkt 069200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\H850.IH H850

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1 ceived as a percentage of amounts received by the Govern2 ment pursuant to a judgment or settlement agreement. 

3 (d) USPTO REPORT TO CONGRESS REQUIRED.—Not 

4 later than March 1 of each year, the Under Secretary of 

5 Commerce for Intellectual Property and Director of the 

6 United States Patent and Trademark Office shall submit 

7 to Congress a report that describes any fee, fine, penalty, 

8 or proceeds from a settlement collected by the United 

9 States Patent and Trademark Office for the previous fis10 cal year. 

11 (e) AGENCY DEFINED.—The term ‘‘agency’’ has the 

12 meaning given that term in section 551 of title 5, United 

13 States Code, but does not include the United States Postal 

14 Service or the United States Patent and Trademark Of15 fice. 

16 SEC. 3. OFFSETTING COLLECTIONS AND RECEIPTS AS REV17 ENUE. 

18 (a) IN GENERAL.—The Congressional Budget Act of 

19 1974 (2 U.S.C. 621 et seq.) is amended— 

20 (1) in section 3(2)(A)(iv), by inserting ‘‘except 

21 as provided in section 316,’’ before ‘‘offsetting re22 ceipts’’; and 

23 (2) by adding after section 315 the following: 


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1 ‘‘TREATMENT OF OFFSETTING COLLECTIONS AND

2 RECEIPTS

3 ‘‘SEC. 316. Notwithstanding any other provision of 

4 law, offsetting receipts and collections shall be treated as 

5 revenue for purposes of carrying out this or any other Act. 

6 The preceding sentence shall not apply to the United 

7 States Postal Service or the United States Patent and 

8 Trademark Office.’’. 

9 (b) CLERICAL AMENDMENT.—The table of contents 

10 of such Act is amended by inserting after the item relating 

11 to section 315 the following: 

‘‘316. Treatment of offsetting collections and receipts.’’. 

12 (c) APPLICATION.—The amendments made by this 

13 section shall apply during budget years (as that term is 

14 defined in section 250(c)(12) of the Balanced Budget and 

15 Emergency Deficit Control Act of 1985 (2 U.S.C. 

16 900(c)(12))) beginning in 2019. 

Æ 


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