Sec. 393. Limitation on donations made pursuant to settlement agreements to which certain departments or agencies are a party
256 words·~1 min read·
/bill/115/hr/10/rh/section-393A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
No settlement to which a department or agency is a party may direct or provide for a payment to any person who is not a victim of the alleged wrongdoing. Any Executive branch official or agent thereof who enters into or enforces a settlement in violation of subsection (a), shall be subject to the same penalties that would apply in the case of a violation of section 3302 of title 31, United States Code. Subsections
(a)and
(b)apply only in the case of a settlement agreement concluded on or after the date of enactment of this Act. The term department or agency — has the meaning given the term agency under section 311; and means the Department of Housing and Urban Development, the Department of Justice, and the Rural Housing Service of the Department of Agriculture. The term settlement agreement means a settlement agreement resolving a civil action or potential civil action, a plea agreement, a deferred prosecution agreement, or a non-prosecution agreement. The term payment means a payment or loan. The term payment to any person who is not a victim means any payment other than a payment— to a person who is party to the lawsuit or settlement; that provides restitution for or otherwise directly remedies actual harm (including to the environment) directly and proximately caused by the party making the payment as a result of that party’s alleged wrongdoing; that constitutes payment for services rendered in connection with the case; or made pursuant to section 3663 of title 18, United States Code.