I 

116TH 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 

JANUARY 29, 2019 

Mr. PALMER (for himself, Mr. ARRINGTON, Mr. BRADY, Mr. BROOKS of Alabama, Mr. BUCK, Mr. BUDD, Mr. BYRNE, Mr. CLOUD, Mr. DAVIDSON

of Ohio, Mr. DUNCAN, Mr. FLEISCHMANN, Ms. FOXX of North Carolina, 

Mr. GAETZ, Mr. GIBBS, Mr. GOSAR, Mr. HUNTER, Mr. KING of Iowa, 

Mrs. LESKO, Mr. LOUDERMILK, Mr. MARSHALL, Mr. MEADOWS, Mr. 

MOOLENAAR, Mr. MOONEY of West Virginia, Mr. NORMAN, Mr. 

RATCLIFFE, Mr. SCHWEIKERT, Mr. WALKER, Mrs. WALORSKI, Mr. 

WESTERMAN, Mr. YOHO, Mr. ZELDIN, Mr. CONAWAY, Mr. POSEY, Mr. 

GRIFFITH, Mr. SMITH of Missouri, Mr. BABIN, Mr. AUSTIN SCOTT of 

Georgia, Mr. DAVID P. ROE of Tennessee, Mr. LAMBORN, Mr. CARTER

of Georgia, Mr. WOMACK, Mr. COLE, Mr. HILL of Arkansas, Mr. MITCHELL, Mr. DESJARLAIS, Mr. HICE of Georgia, Mr. GOHMERT, Mr. HARRIS, Mr. RICE of South Carolina, Mr. THOMPSON of Pennsylvania, Mr. 

EMMER, Mr. ALLEN, Mr. LAHOOD, Mrs. HARTZLER, Mr. ROUZER, Mr. 

ROY, Mr. WALBERG, Mr. MCHENRY, Mr. CHABOT, Mr. LUCAS, Mr. 

WENSTRUP, Mr. JOHN W. ROSE of Tennessee, and Mr. STEUBE) introduced the following bill; which was referred to the Committee on Oversight and 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. 


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•HR 850 IH

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 ‘‘Agency Accountability 

5 Act of 2019’’. 

6 SEC. 2. APPROPRIATION OF FUNDS REQUIRED. 

7 (a) IN GENERAL.—Notwithstanding any other provi8 sion of law, and consistent with subsection (c), an agency 

9 that receives a fee, fine, penalty, or proceeds from a settle10 ment shall deposit such amount in the general fund of the 

11 Treasury. 

12 (b) USE OF AMOUNTS SUBJECT TO APPROPRIA13 TION.—Any amounts deposited pursuant to subsection (a) 

14 shall only be available to the extent, and in such amounts, 

15 as are provided in advance in appropriation Acts. 

16 (c) EXCEPTIONS.—This section shall not apply to any 

17 of the following: 

18 (1) Amounts to be paid to an individual entitled 

19 to such amounts as a whistleblower, including any 

20 amounts received as a percentage of amounts re21 ceived by the Government pursuant to a judgment or 

22 settlement agreement. 

23 (2) A loan guarantee program. 

24 (3) An insurance program. 


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•HR 850 IH

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

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

3 Commerce for Intellectual Property and Director of the 

4 United States Patent and Trademark Office shall submit 

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

6 or proceeds from a settlement collected by the United 

7 States Patent and Trademark Office for the previous fis8 cal year. 

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

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

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

12 Service or the United States Patent and Trademark Of13 fice. 

14 SEC. 3. OFFSETTING COLLECTIONS AND RECEIPTS AS REV15 ENUE. 

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

17 1974 (2 U.S.C. 621 et seq.) is amended— 

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

19 as provided in section 316,’’ before ‘‘offsetting re20 ceipts’’; and 

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

22 ‘‘TREATMENT OF OFFSETTING COLLECTIONS AND

23 RECEIPTS

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

25 law, offsetting receipts and collections shall be treated as 

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


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•HR 850 IH

1 The preceding sentence shall not apply to the United 

2 States Postal Service or the United States Patent and 

3 Trademark Office.’’. 

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

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

6 to section 315 the following: 

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

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

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

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

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

11 900(c)(12))) beginning one year after the date of the en12 actment of this Act. 

Æ 


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