Ban Presidential Plunder of Taxpayer Funds Act
- Bill Number
- S. 4299
- Origin Chamber
- Senate
- Congress
- 119th Congress, Session 2
- Policy Area
- Law
- Status
- Introduced
- Latest Action
- 2026-04-15: Read twice and referred to the Committee on the Judiciary.
- Last Updated
- 2026-04-27T14:02:26Z
AI-Generated Summary
Purpose
The "Ban Presidential Plunder of Taxpayer Funds Act" (S. 4299) aims to prevent current and certain former Presidents and Vice Presidents—along with their families and related entities—from receiving monetary settlements, damages, attorney's fees, or other payments from the U.S. government (taxpayer funds) through claims, lawsuits, or administrative processes. It seeks to eliminate perceived conflicts of interest and ensure accountability.
Key Provisions
- Definition of "Covered Individual": Includes the sitting President, Vice President, a former President whose former Vice President is now President, their spouses or dependent children, and any trusts or entities benefiting them.
- Broad Bans:
- Covered individuals cannot recover or direct payments from the U.S. via settlements, consent decrees (court-approved agreements), or similar arrangements.
- They cannot file administrative claims (non-court government processes) seeking such payments.
- U.S. agencies cannot process or pay out such claims.
- Court Lawsuits:
- Courts can award only actual or compensatory damages (real losses, not punitive or extra awards) and only under strict conditions: court-appointed independent counsel (removable only for cause) to represent the agency, agency cooperation, and full public transparency (all filings, proceedings, and audio online for free).
- Post-Office Exceptions for Former Covered Individuals:
- Allowed if: agency appoints a removable-only-for-cause expert career employee to lead review; no executive appointees by covered individuals participate; settlement terms and payments published in the Federal Register (official government record) within 7 days; and Congress notified of claims and outcomes.
- Penalties:
- Covered individuals: disgorgement (return of funds), fines up to $1 million or payment amount, up to 5 years imprisonment for willful violations.
- Agency officers/employees: fines up to $50,000, up to 6 months imprisonment for willful violations.
- Legal Timelines:
- 10-year statute of limitations (time limit) for enforcing penalties.
- Tolling (pausing) of deadlines for underlying claims during time in office.
- Applicability: Covers requests or payments after enactment, even for older claims.
Significant Changes to Existing Law
- Adds new Section 2417 to Chapter 161 of Title 28, U.S. Code (rules on U.S. government liability and payments).
- Overrides prior laws allowing easy settlements; imposes first-of-its-kind bans and guardrails specifically targeting Presidents/Vice Presidents.
- Limits court awards and mandates independent oversight, transparency, and congressional reporting—previously unavailable.
Potential Impacts
- Government Agencies: Increases administrative burdens (e.g., appointing independent experts, publishing details); reduces flexibility in settling claims; may deter frivolous suits but complicate legitimate ones.
- Citizens/Taxpayers: Protects public funds by blocking or restricting payouts to high officials; promotes transparency in government litigation.
- No direct international relations impact noted.
Main Stakeholders Affected
- Presidents, Vice Presidents, and Families: Severely restricted access to government payments.
- U.S. Government Agencies (e.g., Department of Justice): Must follow new processes, appoint independents, and report to Congress.
- Taxpayers: Indirect beneficiaries via reduced expenditures.
- Congress: Gains oversight through notifications.
- Courts: New procedural duties for transparency and counsel appointments.
Notable Legal, Constitutional, or Political Implications
- Legal: Alters sovereign immunity (government's protection from suits) rules for specific officials; tolling provision preserves claim rights post-office. Penalties introduce criminal liability for civil matters.
- Constitutional: Potential separation of powers concerns (e.g., limiting executive litigation, mandating court-appointed counsel); does not affect immunity from criminal prosecution.
- Political: Heightens accountability for executive branch leaders but could be seen as targeting specific individuals; emphasizes public access to proceedings.
This summary was generated by AI and may contain inaccuracies. Refer to the official source document for the authoritative text.
Sponsor
Cosponsors (1)
Sen. Schumer, Charles E. [D-NY]
Recent Actions
- 2026-04-15: Read twice and referred to the Committee on the Judiciary.
- 2026-04-15: Introduced in Senate
Bill Versions
- Ban Presidential Plunder of Taxpayer Funds Act — issued 2026-04-15 — PDF (8 pages)