Corruption Clawback Act

#4094 | S Congress #119

Subjects:

Last Action: Read twice and referred to the Committee on the Judiciary. (3/12/2026)

Bill Text Source: Congress.gov

Summary and Impacts
Original Text
[Congressional Bills 119th Congress]
[From the U.S. Government Publishing Office]
[S. 4094 Introduced in Senate (IS)]

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119th CONGRESS
  2d Session
                                S. 4094

To require the Attorney General to recover certain payments made to the 
                               President.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                             March 12, 2026

  Mr. Schiff (for himself, Ms. Hirono, Mr. Durbin, and Ms. Duckworth) 
introduced the following bill; which was read twice and referred to the 
                       Committee on the Judiciary

_______________________________________________________________________

                                 A BILL


 
To require the Attorney General to recover certain payments made to the 
                               President.

    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 ``Corruption Clawback Act''.

SEC. 2. DEFINITION.

    In this Act, the term ``covered payment'' means any portion of any 
monetary settlement, administrative award, including an award made 
under section 2672 of title 28, United States Code, or a court-ordered 
judgment--
            (1) paid from the United States Treasury or in accordance 
        with section 1304 of title 31, United States Code;
            (2) paid to an individual when they served as President;
            (3) that would not have been paid but for the individual 
        holding the status, authority, or duties associated with their 
        position as President; and
            (4) relating to an administrative claim filed or settlement 
        reached on or after January 20, 2025.

SEC. 3. RECOVERY OF PAYMENTS MADE TO THE PRESIDENT.

    (a) In General.--The Attorney General shall bring a civil action in 
the United States Court of Federal Claims or the United States Court of 
Appeals for the District of Columbia Circuit to recover any covered 
payment.
    (b) Considerations.--In determining whether a payment described in 
section 2 would not have been made but for the individual holding the 
status, authority, or duties associated with their position as 
President, the court should consider--
            (1) whether the officials who authorized or negotiated the 
        covered payment on behalf of the Government were appointed by, 
        or previously served as personal counsel to, the President;
            (2) whether the amount of the covered payment exceeds 
        typical payouts for similar claims by private citizens; and
            (3) whether the settlement bypassed standard legal defenses 
        (such as statutes of limitations or sovereign immunity) that 
        career Government lawyers would typically assert.
    (c) Use of Recovered Payments.--Any covered payment that is 
recovered under this section shall be used by the Public Integrity 
Section of the Criminal Division of the Department of Justice.

SEC. 4. REPORT.

    Not later than 180 days after the date on which a covered payment 
that is greater than $1,000,000 is made, the Comptroller General shall 
submit to Congress a report that includes the considerations described 
in section 3(b).
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