[Congressional Record Volume 172, Number 49 (Wednesday, March 18, 2026)]
[Senate]
[Page S1232]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
SA 4492. Mr. SCHIFF submitted an amendment intended to be proposed by
him to the bill S. 1383, to establish the Veterans Advisory Committee
on Equal Access, and for other purposes; which was ordered to lie on
the table; as follows:
At the appropriate place, insert the following:
SEC. _____. CORRUPTION CLAWBACK.
(a) Short Title.--This section may be cited as the
``Corruption Clawback Act''.
(b) Definition.--In this section, 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.
(c) Recovery of Payments Made to the President.--
(1) 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.
(2) Considerations.--In determining whether a payment
described in subsection (b) 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--
(A) 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;
(B) whether the amount of the covered payment exceeds
typical payouts for similar claims by private citizens; and
(C) whether the settlement bypassed standard legal defenses
(such as statutes of limitations or sovereign immunity) that
career Government lawyers would typically assert.
(3) 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.
(d) 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
subsection (c)(2).
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