If enacted, HB788 would bring about a more stringent framework for settlement agreements, potentially leading to a decrease in agreements that benefit third parties without ensuring restitution or direct services. The bill mandates that annual reports be submitted by federal agencies detailing settlement agreements that diverge from this new structure, which is expected to increase transparency around government settlements. Additionally, penalties are outlined for any government official who fails to adhere to the provisions set in the bill, incentivizing compliance.
Summary
House Bill 788, known as the 'Stop Settlement Slush Funds Act of 2023', proposes significant changes regarding how settlement agreements involving the United States are managed. Specifically, the bill limits the capacity of government officials to enter into agreements that direct payments to entities other than the U.S., except under narrow conditions that address actual harm or cover service payments related to the settlement. This legislation aims to curb the use of government settlements that allegedly funnel funds to third parties without addressing direct harm caused by the responsible parties.
Sentiment
The sentiment around HB788 is mixed, with supporters advocating that it will bring accountability to government settlements and prevent the misuse of taxpayer dollars. Critics argue that the bill may hinder the government's ability to effectively negotiate settlements that can benefit communities through third-party programs. This divergence in opinion reveals a broader concern about balancing responsible governance with necessary flexibility in addressing civil damages.
Contention
Notably, some points of contention raised during discussions include concerns about the restriction this bill places on settlements that may otherwise provide necessary funding for community programs or remediation efforts. Opponents of the bill fear that overly restricting settlements could lead to greater financial burdens on the communities the government is meant to protect. The debate highlights the tension between ensuring fiscal responsibility and maintaining the capacity to support ongoing community needs through negotiated settlements.
Related
Providing for consideration of the bill (H.R. 788) to limit donations made pursuant to settlement agreements to which the United States is a party, and for other purposes; providing for consideration of the joint resolution (H.J. Res. 98) providing for congressional disapproval under chapter 8 of title 5, United States Code, of the rule submitted by the National Labor Relations Board relating to "Standard for Determining Joint Employer Status''; and providing for consideration of the joint resolution (S.J. Res. 38) providing for congressional disapproval under chapter 8 of title 5, United States Code, of the rule submitted by the Federal Highway Administration relating to "Waiver of Buy America Requirements for Electric Vehicle Chargers''.
Settlement Agreement Information Database Act of 2023 This bill requires executive agencies to submit information regarding settlement agreements to a public database. Specifically, an agency must submit information regarding any settlement agreement (including a consent decree) entered into by the agency related to an alleged violation of federal law. If an agency determines that information regarding an agreement must remain confidential to protect the public interest, the agency must publish an explanation of why the information is confidential.