HouseH.R. 10764119th Congress
Executive Settlement Review Act
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[Congressional Bills 119th Congress]
[From the U.S. Government Publishing Office]
[H.R. 10764 Introduced in House (IH)]
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119th CONGRESS
2d Session
H. R. 10764
To amend title 31, United States Code, to require certain procedures
for compromise settlements or awards for executive branch officials,
and for other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
October 6, 2026
Ms. Moore of Wisconsin introduced the following bill; which was
referred to the Committee on the Judiciary
_______________________________________________________________________
A BILL
To amend title 31, United States Code, to require certain procedures
for compromise settlements or awards for executive branch officials,
and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Executive Settlement Review Act''.
SEC. 2. RESTRICTION ON CERTAIN PAYMENTS FOR COMPROMISE SETTLEMENTS OR
AWARDS.
Section 1304 of title 31, United States Code, is amended by adding
at the end the following:
``(e)(1) A compromise settlement or award for monetary relief in
the amount of $250,000 or more, or nonmonetary relief, may not be
awarded to a covered person, unless the covered person meets the
requirements of this subsection and subsection (f).
``(2) Notwithstanding section 1491 of title 28, a covered person
seeking monetary relief in the amount of $250,000 or more, or
nonmonetary relief, shall bring a suit for such relief against the
United States, or against its agencies or officials upon obligations or
liabilities of the United States, before a panel of 3 judges of the
United States District Court for the District of Columbia, convened
pursuant to section 2284 of title 28.
``(3) Notwithstanding section 1253 of title 28, any appeal of a
final judgment of the panel shall lie to the United States Court of
Appeals for the District of Columbia.
``(4) In this subsection, the term `covered person' means--
``(A) the President or Vice President;
``(B) any member of the cabinet;
``(C) any individual who is employed by the Executive
Office of the President who is paid at a rate of basic pay
equivalent to or exceeding the GS-15 level;
``(D) a political appointee of the President;
``(E) a special government employee (as defined in section
202 of title 18) within the executive branch who is retained,
designated, appointed, or employed by the President;
``(F) an individual who served in a position described
under subparagraph (B), (C), (D), or (E) during the period for
which the President who appointed such individual is in Office,
including any period after such individual leaves such a
position;
``(G) the parent, spouse, child, or spouse of a child of an
individual described in subparagraph (A) or (B); and
``(H) an entity--
``(i) affiliated with any individual described in
subparagraphs (A) through (G), except that the entity's
employment of such individual in a non-officer position
is not an affiliation for the purpose of this
subsection;
``(ii) in which any of such individuals possess any
ownership interest, or authority to control or
influence decisions; or
``(iii) which is otherwise subject to the power of
such individuals to determine, direct, or decide
important matters affecting said entity.
``(f)(1) Any proposal for a compromise settlement or award agreed
to by each party to a suit brought under subsection (e)(2) shall be--
``(A) filed with the United States District Court for the
District of Columbia panel convened pursuant to section 2284 of
title 28;
``(B) published in the Federal Register by the United
States; and
``(C) made available for public comment.
``(2) Any written public comment relating to such proposal, shall
be filed with such district court panel and published by the United
States in the Federal Register not later than 60 days after the filing
of such proposal with the district court panel.
``(3)(A) Except as provided in subparagraph (B), copies of such
proposal and any other materials and documents which the United States
considered determinative in formulating such proposal, shall also be
made available to the public at the district court and in such other
districts as the court may subsequently direct.
``(B) Subparagraph (A) shall not apply to any document that is
subject to Federal privacy laws, including the Privacy Act of 1974 or
the Health Insurance Portability and Accountability Act and such
documents shall be filed under seal with the court.
``(4)(A) After the 60-day period described in paragraph (2), and
such additional time as the United States may request and the court may
grant to respond to such public comments, the district court panel
shall consider any written comments and responses relating to the
proposal submitted under paragraph (1).
``(B) At the close of the period during which such public comments
may be received, the United States shall file with the district court
and cause to be published in the Federal Register a response to such
public comments during the additional time period granted under
subparagraph (A).
``(C) At the expiration of the period for public comment and
response, each party to the suit shall file with the district court a
brief that explains the case or controversy, the reason the party
agreed to the settlement, and the reason the settlement should be
approved by the court. Such brief shall include--
``(i) a statement of disputed and undisputed facts;
``(ii) an evidentiary record, including any documents which
were determinative in formulating the proposed settlement;
``(iii) a description of the adversity underlying the suit
and details of any and all communications between the parties;
and
``(iv) a summary of public comments, and, in the brief
filed by the United States, the response of the United States
to such comments.
``(D) The Attorney General or his designee shall establish
procedures to carry out the provisions of this subsection, but the 60-
day period described in paragraph (2) may not be shortened except by
order of the district court upon a showing that--
``(i) extraordinary circumstances require such shortening;
and
``(ii) such shortening is not adverse to the public
interest.
``(5)(A) Before entering any judgment approving a compromise
settlement or award proposed by the United States under this section,
the court shall--
``(i) determine that the entry of such judgment is
not against the public interest; and
``(ii) exercise judicial review of the proposal in
accordance with subparagraph (B).
``(B) The district court shall hold unlawful and set aside any
proposal found to be--
``(i) arbitrary, capricious, an abuse of discretion, or
otherwise not in accordance with law;
``(ii) contrary to constitutional right, power, privilege,
or immunity;
``(iii) in excess of statutory jurisdiction, authority, or
limitations, or short of statutory right;
``(iv) without observance of procedure required by law;
``(v) unwarranted by the facts in the record, including
those facts noted during the public comment period or provided
via amicus brief, and which the court deems to be credible; or
``(vi) unfair for reasons that may include--
``(I) the settlement being tainted by improper
collusion or corruption of any kind;
``(II) the award being in excess of what a non-
covered plaintiff would reasonably expect to receive
under the same circumstances;
``(III) the terms of the settlement, including its
enforcement mechanism, being unclear; or
``(IV) the settlement failing to reflect a
resolution of the claims in the complaint.
``(6) In making a determination under paragraph (6), the court
may--
``(A) take testimony of Government officials or experts or
such other expert witnesses, upon motion of any party or
participant or upon its own motion, as the court may deem
appropriate;
``(B) appoint a special master and such outside consultants
or expert witnesses as the court may deem appropriate;
``(C) compel and obtain the views, evaluations, or advice
of any individual, group or agency of government with respect
to any aspects of the proposed judgment or the effect of such
judgment, in such manner as the court deems appropriate;
``(D) authorize full or limited participation in
proceedings before the court by interested persons or agencies,
including appearance amicus curiae, intervention as a party
pursuant to the Federal Rules of Civil Procedure, examination
of witnesses or documentary materials, or participation in any
other manner and extent which serves the public interest as the
court may deem appropriate;
``(E) review any comments including any objections filed
with the United States under paragraph (4) concerning the
proposed judgment and the responses of the United States to
such comments and objections; and
``(F) take such other action in the public interest as the
court may deem appropriate.
``(7) At the time of the filing of any proposal for a compromise
settlement or award under paragraph (1), each party shall file with the
district court a description of the adversity underlying the suit and
details of any and all communications between the parties.
``(8) Any fact stipulated as part of a suit brought in accordance
with this subsection--
``(A) shall only be admissible against a party to such suit
in another action or proceeding if there is sufficient evidence
to support such stipulated fact; and
``(B) does not constitute prima facie evidence against such
party in any such action or proceeding.''.
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