Ban Presidential Settlement Payments

Summary#

This bill would add a new section to chapter 161 of title 28 of the U.S. Code. It defines "covered individuals" to include the President, the Vice President, a former President in a specific situation (a former President whose former Vice President is the current President), the spouse or dependent child of those people, and trusts or other legal vehicles set up for their benefit or control.

The bill bars covered individuals from recovering or agreeing to recover damages, attorney fees, or any other payment from the United States through settlements, consent decrees, administrative resolutions, or similar arrangements. It also bars covered individuals from filing administrative claims seeking such payments. Agencies may not process or fulfill such administrative claims.

In court cases against the United States, courts may not award anything other than actual or compensatory damages to covered individuals. Courts may award actual or compensatory damages only if the covered individual agrees to the appointment of an independent counsel (removable only by the court for cause) to represent the agency defending the claim, and the court appoints that counsel and the agency cooperates with them.

The bill requires public online access to all filings and proceedings in such cases, including contemporaneous audio of court sessions. For former covered individuals, the bill allows claims or settlements only if certain guardrails are met: an expert career employee removable only for good cause must lead review; no executive-branch employee appointed by the covered individual may take part; settlement terms and any payments must be published in the Federal Register within 7 days; and agencies must provide copies of the claim and any resulting approval or denial to relevant congressional committees.

The bill sets penalties: a covered individual who willfully or knowingly violates the ban may face disgorgement, civil penalties up to the greater of $1,000,000 or the aggregate payment amount, imprisonment up to 5 years, or a combination. Any person who willfully causes an agency to violate the processing ban may face civil penalties up to $50,000, imprisonment up to 6 months, or both. The bill sets a 10-year statute of limitations for enforcement and tolls limitation periods for underlying claims while the person is a covered individual. The new section would apply to payments occurring after enactment regardless of when the underlying claim arose.

What it means for you#

  • If you are the current President or Vice President, you could not recover settlement payments, attorney fees, or other payments from the United States through settlements or administrative claims while in office.
  • If you are a former President or Vice President, you or related covered individuals may bring claims or receive settlements only if the bill's procedural and transparency requirements are met.
  • Federal agencies must refuse to process covered administrative claims and must follow publication and reporting rules for any allowed payments to former covered individuals.
  • Courts handling such suits must limit damages to actual or compensatory damages and follow rules about appointing independent counsel and making proceedings public.

Expenses#

No publicly available information on the bill's estimated effects on federal spending or budgetary costs is included in the bill text. The bill does specify monetary penalties: civil penalties up to the greater of $1,000,000 or the amount paid to a covered individual, and up to $50,000 for officers or employees who cause agency violations.

Proponents' View#

The bill's stated purpose is to prohibit Presidents and Vice Presidents from receiving damages or settlement payments from the United States and to add procedures, transparency, and limits for any claims by former covered individuals. Sponsors introduced the bill and referred it to the House Judiciary Committee.

Opponents' View#

No publicly available information on opponents' views or official objections is included in the bill text or the provided metadata.