II 

116TH CONGRESS 

1ST SESSION S. 1456 

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 SENATE OF THE UNITED STATES 

MAY 14, 2019 

Mr. LEE (for himself, Mr. RISCH, Mr. PERDUE, Mr. CRUZ, and Mr. YOUNG) 

introduced the following bill; which was read twice and referred to the 

Committee on Homeland Security and Governmental Affairs 

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, 

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 settleVerDate Sep 11 2014 05:26 May 23, 2019 Jkt 089200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6201 E:\BILLS\S1456.IS S1456

kjohnson on DSK79L0C42 with BILLS
2 

•S 1456 IS

1 ment shall deposit such amount in the general fund of the 

2 Treasury. 

3 (b) USE OF AMOUNTS SUBJECT TO APPROPRIA4 TION.—Any amounts deposited pursuant to subsection (a) 

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

6 as are provided in advance in appropriation Acts. 

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

8 of the following: 

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

10 to such amounts as a whistleblower, including any 

11 amounts received as a percentage of amounts re12 ceived by the Government pursuant to a judgment or 

13 settlement agreement. 

14 (2) A loan guarantee program. 

15 (3) An insurance program. 

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

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

18 Commerce for Intellectual Property and Director of the 

19 United States Patent and Trademark Office shall submit 

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

21 or proceeds from a settlement collected by the United 

22 States Patent and Trademark Office for the previous fis23 cal year. 

24 (e) DEFINITIONS.—In this section— 

25 (1) the term ‘‘agency’’— 


kjohnson on DSK79L0C42 with BILLS
3 

•S 1456 IS

1 (A) has the meaning given that term in 

2 section 551 of title 5, United States Code; and 

3 (B) does not include the United States 

4 Postal Service or the United States Patent and 

5 Trademark Office; and 

6 (2) the term ‘‘loan guarantee’’ has the meaning 

7 given the term in section 502 of the Federal Credit 

8 Reform Act of 1990 (2 U.S.C. 661a). 

9 SEC. 3. OFFSETTING COLLECTIONS AND RECEIPTS AS REV10 ENUE. 

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

12 1974 (2 U.S.C. 621 et seq.) is amended— 

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

14 as provided in section 316,’’ before ‘‘offsetting re15 ceipts’’; and 

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

17 ‘‘TREATMENT OF OFFSETTING COLLECTIONS AND

18 RECEIPTS

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

20 law, offsetting receipts and collections shall be treated as 

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

22 The preceding sentence shall not apply to the United 

23 States Postal Service or the United States Patent and 

24 Trademark Office.’’. 


kjohnson on DSK79L0C42 with BILLS
4 

•S 1456 IS

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

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

3 to section 315 the following: 

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

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

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

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

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

8 900(c)(12))) beginning one year after the date of the en9 actment of this Act. 

Æ 


kjohnson on DSK79L0C42 with BILLS