To amend title 28, United States Code, to prohibit Presidents and Vice Presidents from receiving damages payments from the United States, and for other purposes.
- Bill Number
- H.R. 8309
- Origin Chamber
- House
- Congress
- 119th Congress, Session 2
- Policy Area
- Law
- Status
- Introduced
- Latest Action
- 2026-04-15: Referred to the House Committee on the Judiciary.
- Last Updated
- 2026-04-29T08:07:27Z
AI-Generated Summary
Purpose
This bill (H.R. 8309) aims to prevent current and former U.S. Presidents and Vice Presidents—along with their close family members and related trusts—from receiving certain payments (like damages or settlements) from the U.S. government. It introduces strict rules, transparency measures, and penalties to avoid conflicts of interest or self-dealing.
Key Provisions
- Definition of "Covered Individual": Includes the current President or Vice President; a former President whose former Vice President is now President; their spouses or dependent children; and any trusts or entities created for their benefit.
- Ban on Settlements and Payments:
- Covered individuals cannot recover damages, attorney's fees, or other payments from the U.S. through settlements, consent decrees (court-approved agreements), or similar deals.
- They cannot redirect such payments to third parties.
- They are barred from filing administrative claims (non-court government complaints) seeking these payments.
- U.S. agencies cannot process or pay out such claims.
- Rules for Lawsuits:
- Courts can award only actual or compensatory damages (real losses, not punitive or extra awards) and only if:
- The court appoints an independent counsel (removable only by the court for cause) to represent the defending agency.
- The agency fully cooperates under court supervision.
- All court filings, proceedings, and audio must be posted online publicly and for free in real-time.
- Rules for Former Covered Individuals (after leaving office):
- Claims can proceed, but only with safeguards:
- An expert career employee (removable only for good cause) leads the review.
- No executive branch officials appointed by the covered individual can participate.
- Settlement terms and payment details must be published in the Federal Register (official government record) within 7 days.
- Agencies must notify relevant congressional committees of claims and outcomes.
- Penalties:
- Covered individuals: Forfeit payments, fines up to $1 million or the payment amount, and/or up to 5 years in prison.
- Government employees violating rules: Fines up to $50,000 and/or up to 6 months in prison.
- Time Limits:
- 10-year statute of limitations (time limit) for enforcing penalties.
- Time limits for covered individuals' underlying claims are paused during their time in office.
- Effective Date: Applies to any payment requests or recoveries after enactment, even if the original claim is older.
Significant Changes to Existing Law
- Adds a new Section 2417 to Chapter 161 of Title 28, U.S. Code (which covers U.S. involvement in lawsuits).
- Previously, no specific law barred these officials from government settlements or imposed these guardrails, independent counsel requirements, or transparency mandates. It limits awards beyond actual damages in suits against the U.S.
Potential Impacts
- Government Agencies: Increased administrative burdens, including appointing independent experts/counsel, ensuring cooperation, publishing details, and notifying Congress—potentially slowing claim processing.
- Citizens (Especially Presidents/VPs): Severely restricts current officials' ability to obtain government payouts; former officials face more oversight but can still pursue claims.
- Courts: Must enforce new procedural hurdles and provide full public access to proceedings.
- No direct impact on international relations.
Main Stakeholders Affected
- Current/Former Presidents and Vice Presidents (and families/trusts): Primary targets, with limited access to government payments.
- U.S. Government Agencies/Departments: Responsible for compliance, reviews, and transparency.
- Federal Courts: Handle appointments, supervision, and public disclosures.
- Congress: Receives notifications on claims and settlements.
- Taxpayers: Indirectly affected, as it aims to reduce potentially wasteful government payouts.
Notable Legal, Constitutional, or Political Implications
- Legal: Alters how claims under laws like the Federal Tort Claims Act (allowing suits against the government for certain harms) are handled for these officials; emphasizes actual damages only, potentially narrowing recovery options.
- Constitutional: Could raise separation of powers questions by mandating court-appointed counsel and agency cooperation, or by treating officials differently from other citizens (equal protection concerns).
- Political: Promotes accountability and transparency to prevent perceived abuses in settlements during or after service, but may be seen as targeting specific high-profile cases. Applies retroactively to old claims if payments occur post-enactment.
This summary was generated by AI and may contain inaccuracies. Refer to the official source document for the authoritative text.
Sponsor
Cosponsors (4)
Rep. Min, Dave [D-CA-47], Rep. Schneider, Bradley Scott [D-IL-10], Rep. Olszewski, Johnny [D-MD-2], Rep. Beyer, Donald S. [D-VA-8]
Recent Actions
- 2026-04-15: Referred to the House Committee on the Judiciary.
- 2026-04-15: Introduced in House
- 2026-04-15: Introduced in House
Bill Versions
- To amend title 28, United States Code, to prohibit Presidents and Vice Presidents from receiving damages payments from the United States, and for other purposes. — issued 2026-04-15 — PDF (8 pages)