I 
118TH CONGRESS 
1ST SESSION H. R. 2368 
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 
MARCH 29, 2023 
Mr. PALMER introduced the following bill; which was referred to the Com-
mittee on Oversight and Accountability, and in addition to the Commit-
tees on the Judiciary, the Budget, and Rules, for a period to be subse-
quently 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. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
SECTION 1. SHORT TITLE. 
This Act may be cited as the ‘‘Agency Accountability 
Act of 2023’’. 
SEC. 2. APPROPRIATION OF FUNDS REQUIRED. 
(a) IN GENERAL.—Notwithstanding any other provi-
sion of law, and consistent with subsection (c), an agency 
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that receives a fee, fine, penalty, or proceeds from a settle-
ment shall deposit such amount in the general fund of the 
Treasury. 
(b) USE
OF AMOUNTS SUBJECT
TO APPROPRIA-
TION.—Any amounts deposited pursuant to subsection (a) 
shall only be available to the extent, and in such amounts, 
as are provided in advance in appropriation Acts. 
(c) EXCEPTIONS.—This section shall not apply to any 
of the following: 
(1) Amounts to be paid to an individual entitled 
to such amounts as a whistleblower, including any 
amounts received as a percentage of amounts re-
ceived by the Government pursuant to a judgment or 
settlement agreement. 
(2) A loan guarantee program. 
(3) An insurance program. 
(d) USPTO REPORT TO CONGRESS REQUIRED.—Not 
later than March 1 of each year, the Under Secretary of 
Commerce for Intellectual Property and Director of the 
United States Patent and Trademark Office shall submit 
to Congress a report that describes any fee, fine, penalty, 
or proceeds from a settlement collected by the United 
States Patent and Trademark Office for the previous fis-
cal year. 
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(e) AGENCY DEFINED.—The term ‘‘agency’’ has the 
meaning given that term in section 551 of title 5, United 
States Code, but does not include the United States Postal 
Service or the United States Patent and Trademark Of-
fice. 
SEC. 3. OFFSETTING COLLECTIONS AND RECEIPTS AS REV-
ENUE. 
(a) IN GENERAL.—The Congressional Budget Act of 
1974 (2 U.S.C. 621 et seq.) is amended— 
(1) in section 3(2)(A)(iv), by inserting ‘‘except 
as provided in section 316,’’ before ‘‘offsetting re-
ceipts’’; and 
(2) by adding after section 315 the following: 
‘‘TREATMENT OF OFFSETTING COLLECTIONS AND 
RECEIPTS 
‘‘SEC. 316. Notwithstanding any other provision of 
law, offsetting receipts and collections shall be treated as 
revenue for purposes of carrying out this or any other Act. 
The preceding sentence shall not apply to the United 
States Postal Service or the United States Patent and 
Trademark Office.’’. 
(b) CLERICAL AMENDMENT.—The table of contents 
of such Act is amended by inserting after the item relating 
to section 315 the following: 
‘‘316. Treatment of offsetting collections and receipts.’’. 
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(c) APPLICATION.—The amendments made by this 
section shall apply during budget years (as that term is 
defined in section 250(c)(12) of the Balanced Budget and 
Emergency Deficit Control Act of 1985 (2 U.S.C. 
900(c)(12))) beginning one year after the date of the en-
actment of this Act. 
Æ 
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