,,ii #aagth ,,congress #b;d ,session ,s4 #dddd ,,in ,,the ,,senate ,,of ,,the ,,united ,,states ,june #bb1 #bjbb,mr4 ,lankford 7for himself1 ,mr4 ,inhofe1 and ,mr4 ,tillis7 introduced the following bill2 which was read twice and referred to the ,committee on ,homeland ,security and ,governmental ,affairs ,a ,,bill ,to limit donations made pursuant to settlement agreements to which the ,united ,states is a party1 and for other purposes4 #a4 ,short title ,this ,act may be cited as the ,safeguarding ,awards for ,victims and ,enforcement ,settlements ,act of #bjbb4 #b4 ,limitation on donations made pursuant to settlement agreements to which the united states is a party 7a7 ,limitation on required donations 7#a7 ,in general ,except as provided in paragraph 7#b71 an official or agent of the ,government may not enter into or enforce any settlement agreement on behalf of the ,united ,states1 directing or providing for a payment or loan1 in cash or in kind1 to any person or entity other than the ,united ,states that is not a party to the dispute4 7#b7 ,exceptions ,an official or agency of the ,government may enter into or enforce a settlement agreement on behalf of the ,united ,states described in paragraph 7#a7 only if-- 7,a7 the payment or loan provides restitution for or is otherwise intended to directly remedy actual harm 7including to the environment7 directly caused by the party making the payment or loan1 and1 to the extent any victim thereof was an identifiable person1 suffered by the payee or lendee1 which shall not include an agreement that requires a defendant in an environmental case1 in lieu of payment to the ,federal ,government1 to expend funds to provide goods or services to third parties for supplemental environmental projects2 7,b7 the payment or loan constitutes payment for services rendered in connection with the case1 including for settlement or compliance monitoring or for divestiture trustee services1 or a payment pursuant to section #cffc of title #ah1 ,united ,states ,code2 7,c7 in cases of foreign official corruption1 a trusted third party is required to facilitate the repatriation and use of funds to directly benefit those harmed by the foreign corruption2 or 7,d7 payment is expressly authorized by statute or regulation1 including restitution and forfeiture4 7b7 ,prohibition on cy-,pres redistributions in settlements ,except as otherwise provided by law1 when the ,united ,states has entered into a settlement involving a fund for payments to individual claimants1 amounts remaining after all claims on the settlement fund have been satisfied shall be repaid proportionally to each party who contributed to the settlement fund4 7c7 ,effective date ,subsections 7a7 and 7b7 shall apply to any settlement agreement concluded on or after the date of enactment of this ,act4 7d7 ,reports on settlement agreements 7#a7 ,in general ,not later than ,september #cj of the first fiscal year that begins after the date of the enactment of this ,act1 and of each fiscal year thereafter1 the head of each ,federal agency shall submit electronically to the ,congressional ,budget ,office a report on each settlement agreement described in subsection 7a77#a7 entered into by that ,federal agency during such fiscal year 7other than a settlement agreement for a qui tam action or under section #ehf7;a7 of title #bh1 ,united ,states ,code7 that meets the requirements of an exception described in subparagraph 7,a7 or 7,b7 of subsection 7a77#b71 which shall include including the parties to each such settlement agreement1 the source of the settlement funds1 and where and how such funds were and will be distributed4 7#b7 ,prohibition on additional funding ,no additional funds are authorized to be appropriated to carry out this subsection4 7#c7 ,sunset ,this subsection shall cease to be effective on the date that is #g years after the date of enactment of this ,act4 7e7 ,annual audit requirement 7#a7 ,in general ,not later than ,september #cj of the first fiscal year that begins after the date of the enactment of this ,act1 and of each fiscal year thereafter1 the ,inspector ,general of each ,federal agency shall submit a report on any settlement agreement entered into by that ,federal agency during such fiscal year in violation of this section to-- 7,a7 the ,committee on the ,judiciary1 the ,committee on the ,budget1 and the ,committee on ,appropriations of the ,senate2 and 7,b7 the ,committee on the ,judiciary1 the ,committee on the ,budget1 and the ,committee on ,appropriations of the ,house of ,representatives4 7#b7 ,prohibition on additional funding ,no additional funds are authorized to be appropriated to carry out this subsection4 7f7 ,definitions ,in this section3 7#a7 ,payment ,the term payment means any transfer of money1 cash1 or other consideration1 including constructive transfer in lieu of money4 7#b7 ,settlement agreement ,the term settlement agreement means a settlement agreement resolving a civil action or potential civil action1 participation in any pretrial diversion program1 a plea agreement1 a deferred prosecution agreement1 or a non-prosecution agreement4