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. 

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

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Stop Settlement Slush 

5 Funds Act of 2021’’. 

6 SEC. 2. LIMITATION ON DONATIONS MADE PURSUANT TO 

7 SETTLEMENT AGREEMENTS TO WHICH THE 

8 UNITED STATES IS A PARTY. 

9 (a) DEFINITION.—In this section, the term ‘‘settle10 ment agreement’’ means a settlement agreement resolving 


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1 a civil action or potential civil action, a plea agreement, 

2 a deferred prosecution agreement, or a non-prosecution 

3 agreement. 

4 (b) LIMITATION ON REQUIRED DONATIONS.—An of5 ficial or agent of the Federal Government may not enter 

6 into or enforce any settlement agreement on behalf of the 

7 United States, directing or providing for a payment or 

8 loan to any person or entity other than the United States, 

9 other than a payment or loan that provides restitution for 

10 or otherwise directly remedies actual harm (including to 

11 the environment) directly and proximately caused by the 

12 party making the payment or loan or constitutes payment 

13 for services rendered in connection with the case, or a pay14 ment pursuant to section 3663 of title 18, United States 

15 Code. 

16 (c) PENALTY.—Any official or agent of the Federal 

17 Government who violates subsection (b) shall be subject 

18 to the same penalties that would apply in the case of a 

19 violation of section 3302 of title 31, United States Code. 

20 (d) EFFECTIVE DATE.—Subsections (b) and (c) shall 

21 apply only to any settlement agreement concluded on or 

22 after the date of enactment of this Act. 

23 (e) REPORTS ON SETTLEMENT AGREEMENTS.— 

24 (1) IN GENERAL.—Beginning at the end of the 

25 first fiscal year that begins after the date of enactVerDate Sep 11 2014 05:14 Jun 24, 2021 Jkt 019200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\S2079.IS S2079

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1 ment of this Act, and annually thereafter, the head 

2 of each Federal agency shall submit electronically to 

3 the Congressional Budget Office a report on each 

4 settlement agreement entered into by that agency 

5 during that fiscal year that directs or provides for 

6 a payment or loan to a person or entity other than 

7 the United States that provides restitution for or 

8 otherwise directly remedies actual harm (including 

9 to the environment) directly and proximately caused 

10 by the party making the payment or loan, or con11 stitutes payment for services rendered in connection 

12 with the case, including the parties to each settle13 ment agreement, the source of the settlement funds, 

14 and where and how such funds were and will be dis15 tributed. 

16 (2) PROHIBITION ON ADDITIONAL FUNDING.— 

17 No additional funds are authorized to be appro18 priated to carry out this subsection. 

Æ 


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