Corruption Clawback Act
- Sponsor
- Sen. Schiff, Adam B. [D-CA]
- Committees
- Judiciary Committee (primary)
- Last action
- Mar 12, 2026
Bottom line
The 'Corruption Clawback Act' seeks to enhance presidential accountability by requiring the Attorney General to recover taxpayer funds paid to a President if those payments were unduly influenced by their office.
What it actually does
This bill mandates the Attorney General to initiate civil actions to recover 'covered payments' made from the U.S. Treasury to an individual while they served as President. These payments must be those that would not have been made but for the individual's presidential status, and relate to claims filed or settlements reached on or after January 20, 2025. The bill also provides courts with specific considerations for determining if a payment was contingent on presidential status and directs recovered funds to the Public Integrity Section of the Department of Justice.
Proponents argue
Proponents argue this bill is a vital step to prevent potential corruption and ensure accountability for the highest office. They contend it closes a critical loophole where presidential influence could lead to personal financial gain from taxpayer-funded settlements or judgments, thereby restoring public trust and upholding the integrity of the presidency. The specified court considerations provide necessary guardrails against arbitrary enforcement.
Opponents contend
Opponents might argue that this bill is politically motivated, potentially targeting specific individuals or future administrations, and could create a chilling effect on legitimate claims a President might have. They may also contend that the criteria for recovery are overly broad or vague, leading to subjective interpretations and potential harassment, and that existing ethics laws are sufficient to address such concerns.
The bill is exceptionally short and clear, allowing an informed reader to fully understand its provisions in a matter of minutes.
Section 1
Short Title
This section formally names the Act the 'Corruption Clawback Act.' This provides a concise and easily recognizable name for the legislation, facilitating its reference and discussion in legal and public discourse.
Supporters argue
Supporters would state that establishing a clear short title is standard legislative practice, making the bill easier to identify and discuss.
Critics contend
No specific opposition is typically raised against this provision as it is a procedural naming convention.
Tradeoffs
None.
Section 2
Definition of 'Covered Payment'
This section defines a 'covered payment' as any monetary settlement, administrative award, or court-ordered judgment that is paid from the U.S. Treasury to an individual while they served as President. Crucially, it must be a payment that would not have occurred but for their presidential status, and it must relate to claims filed or settlements reached on or after January 20, 2025. This definition establishes the precise scope of payments subject to recovery.
Section 3(a) and 3(b)
Attorney General's Mandate and Court Considerations for Recovery
This section mandates the Attorney General to bring a civil action in either the U.S. Court of Federal Claims or the U.S. Court of Appeals for the District of Columbia Circuit to recover any 'covered payment.' It further instructs courts to consider specific factors when determining if a payment was contingent on presidential status. These factors include whether authorizing officials were presidential appointees or personal counsel, if the payment exceeds typical payouts for similar claims by private citizens, or if standard legal defenses were bypassed.
Section 3(c)
Allocation of Recovered Funds
This section specifies that any 'covered payment' successfully recovered by the Attorney General under this Act shall be used by the Public Integrity Section of the Criminal Division of the Department of Justice. This earmarks the recovered funds for a specific unit within the DOJ responsible for investigating and prosecuting public corruption.
Section 4
Comptroller General Report on Large Payments
This section requires the Comptroller General to submit a report to Congress within 180 days after any 'covered payment' exceeding $1,000,000 is made. The report must include an analysis based on the same considerations outlined in Section 3(b) for courts, effectively providing congressional oversight on significant payments that could potentially fall under the 'corruption clawback' criteria.