S.Amdt. 4492

Mr. Schiff submitted an amendment to bill S. 1383 to add a section called the Corruption Clawback Act.

The purpose of this amendment is to allow the Attorney General to bring civil actions to recover covered payments. These are monetary settlements, administrative awards, or court-ordered judgments paid from the United States Treasury to an individual who served as President.

To be a covered payment, the money must meet these criteria:

• It relates to a claim or settlement reached on or after January 20, 2025.
• It would not have been paid if the person did not hold the status, authority, or duties of the President.

When deciding if a payment was made because of the person's position as President, the court should look at:

• If the officials who negotiated the payment were appointed by or served as personal counsel to the President.
• If the payment is higher than what private citizens typically receive for similar claims.
• If the settlement skipped standard legal defenses that career Government lawyers usually use.

Any money recovered will be used by the Public Integrity Section of the Criminal Division of the Department of Justice.

Additionally, if a covered payment over $1,000,000 is made, the Comptroller General must give Congress a report within 180 days that includes the considerations used by the court.