I 

114TH CONGRESS 

2D SESSION H. R. 5499 

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 

JUNE 16, 2016 

Mr. PALMER (for himself, Mr. BABIN, Mr. BARR, Mr. BENISHEK, Mr. BISHOP

of Michigan, Mr. BISHOP of Utah, Mr. BROOKS of Alabama, Mr. BUCK, 

Mr. BYRNE, Mr. CHABOT, Ms. FOXX, Mr. GOHMERT, Mr. GROTHMAN, 

Mr. JODY B. HICE of Georgia, Mr. HUDSON, Mr. JORDAN, Mr. 

LAMALFA, Mr. LOUDERMILK, Mr. MOOLENAAR, Mr. SANFORD, Mr. SCALISE, Mr. AUSTIN SCOTT of Georgia, Mr. SESSIONS, Mr. SMITH of Missouri, Mr. THOMPSON of Pennsylvania, Mr. WEBER of Texas, Mr. 

WESTERMAN, Mr. WALKER, Mr. MEADOWS, Mrs. ELLMERS of North 

Carolina, Mr. WILLIAMS, Mr. BRADY of Texas, Mr. SMITH of Texas, Mr. 

HENSARLING, Mr. SENSENBRENNER, Mrs. MCMORRIS RODGERS, Mr. 

DESJARLAIS, Mr. POE of Texas, Mr. COLE, Mrs. LOVE, Mr. FLORES, 

Mr. CHAFFETZ, Mr. ROSKAM, Mr. BRIDENSTINE, Mr. DUNCAN of South 

Carolina, Mr. STUTZMAN, Mr. PERRY, Mr. HUELSKAMP, Mr. GRIFFITH, 

Mr. DESANTIS, Mr. GOSAR, Mr. KELLY of Mississippi, Mr. YOHO, Mr. 

RATCLIFFE, Mr. ALLEN, Mr. MULVANEY, Mr. GARRETT, Mr. LABRADOR, 

Mr. SCHWEIKERT, Mr. BLUM, Mr. MOONEY of West Virginia, Mr. 

MCCLINTOCK, Mr. NUNES, Mr. WEBSTER of Florida, Mr. MULLIN, and 

Mr. MESSER) 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, 


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•HR 5499 IH

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, 

3 SECTION 1. SHORT TITLE. 

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

5 Act of 2016’’. 

6 SEC. 2. APPROPRIATION OF FUNDS REQUIRED. 

7 (a) IN GENERAL.—Notwithstanding any other provi8 sion of law, an agency that receives a fee, fine, penalty, 

9 or proceeds from a settlement shall deposit such amount 

10 in the general fund of the Treasury. 

11 (b) USE OF AMOUNTS.— 

12 (1) SUBJECT TO APPROPRIATION.—Consistent 

13 with paragraph (2), any amounts deposited pursuant 

14 to subsection (a) shall only be available to the ex15 tent, and in such amounts, as are provided in ad16 vance in appropriation Acts. 

17 (2) OBLIGATION LIMITATION; DEFICIT REDUC18 TION.—Of the amounts so deposited during the fis19 cal year in which this section is enacted, such 

20 amounts— 

21 (A) may not be available for obligation 

22 during such fiscal year; and 

23 (B) shall be used for purposes of deficit re24 duction. 


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•HR 5499 IH

1 (c) 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 (d) 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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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 in 2018. 

Æ 


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