,,ii #aaith ,,congress #b;d ,session ,s4 #ebef ,,in ,,the ,,senate ,,of ,,the ,,united ,,states ,august #e1 #bjbf,ms4 ,cortez ,masto 7for herself1 ,mr4 ,schiff1 ,mr4 ,blumenthal1 and ,ms4 ,hirono7 introduced the following bill2 which was read twice and referred to the ,committee on the ,judiciary ,a ,,bill ,to provide increased oversight of certain pardons1 to clarify the applicability of bribery prohibitions to pardons and commutations1 and for other purposes4 #a4 ,short title ,this ,act may be cited as the ,abuse of the ,pardon ,prevention ,act of #bjbf4 #b4 ,definitions ,in this ,act3 7#a7 ,appropriate congressional committees ,the term appropriate congressional committees means-- 7,a7 the ,committee on the ,judiciary of the ,house of ,representatives and the ,committee on the ,judiciary of the ,senate2 and 7,b7 if an investigation relates to intelligence or counterintelligence matters1 the ,permanent ,select ,committee on ,intelligence of the ,house of ,representatives and the ,select ,committee on ,intelligence of the ,senate4 7#b7 ,covered offense ,the term covered offense means-- 7,a7 an offense against the ,united ,states that arises from an investigation in which the target or subject is-- 7i7 the ,president2 7ii7 a relative of the ,president2 7iii7 a former ,president2 7iv7 any individual who is serving or has previously served as a political appointee under the ,president2 7v7 any individual who was an employee of an authorized committee 7as defined in section #cja of the ,federal ,election ,campaign ,act of #aiga 7#eb ,u4,s4,c4 #cjaja77 of the ,president for any election to the office of ,president2 or 7vi7 in the case of an offense motivated by a direct and significant personal or pecuniary interest of any individual described in clause 7i71 7ii71 7iii71 7iv71 or 7v71 any person or entity2 7,b7 an offense under section #ajb of the ,revised ,statutes 7#ab ,u4,s4,c4 #aib72 or 7,c7 an offense under section #ajja1 #aeje1 #aeab1 or #afba of title #ah1 ,united ,states ,code1 provided that the offense occurred in relation to a ,congressional proceeding or investigation4 7#c7 ,pardon ,the term pardon includes a commutation of sentence4 7#d7 ,political appointee ,the term political appointee-- 7,a7 means any individual1 other than the ,president or the ,vice ,president1 employed or holding office-- 7i7 in the ,executive ,office of the ,president1 the ,office of the ,vice ,president1 or any other office of the ,white ,house2 or 7ii7 in a confidential1 policy-making1 policy-determining1 or policy-advocating position appointed by the ,president1 by and with the advice and consent of the ,senate2 and 7,b7 does not include-- 7i7 a career employee2 or 7ii7 an individual in the ,foreign ,service4 7#e7 ,relative ,the term relative-- 7,a7 has the meaning given the term in section #caaj7;a7 of title #e1 ,united ,states ,code2 and 7,b7 includes the spouse of an individual described in section #caaj7;a7 of title #e1 ,united ,states ,code4 #c4 ,department of ,justice ,inspector ,general oversight relating to certain pardons 7a7 ,definitions ,in this section1 the term ,inspector ,general means the ,inspector ,general of the ,department of ,justice4 7b7 ,required investigation ,in the event that the ,president grants an individual a pardon for a covered offense1 as soon as practicable after the date of such pardon1 the ,inspector ,general shall begin an investigation of the pardon4 7c7 ,required information 7#a7 ,in general ,not later than #cj days after the date on which the ,president grants an individual a pardon for a covered offense1 for purposes of an investigation under subsection 7b7-- 7,a7 the ,attorney ,general shall submit to the ,inspector ,general-- 7i7 all materials obtained or prepared by the prosecution team1 including the ,attorney ,general and any ,united ,states ,attorney1 and all materials obtained or prepared by any investigative agency of the ,united ,states ,government1 relating to the offense for which the individual was so pardoned2 and 7ii7 all materials obtained or produced by the ,department of ,justice in relation to the pardon2 and 7,b7 the ,president shall submit to the ,inspector ,general all materials obtained or produced within the ,executive ,office of the ,president in relation to the pardon4 7#b7 ,report on noncompliance ,not later than #aj days after the date on which the ,attorney ,general or ,president fails or refuses to comply with the requirement under paragraph 7#a71 the ,inspector ,general shall submit a report to ,congress on the failure or refusal1 which shall include a list of the documents or information that has not been submitted as required under paragraph 7#a74 7d7 ,treatment of information ,rule #f7;e7 of the ,federal ,rules of ,criminal ,procedure may not be construed to prohibit the disclosure of information required by subsection 7c7 of this section4 7e7 ,report 7#a7 ,in general ,the ,inspector ,general shall submit to ,congress and publish a report of the findings of each investigation conducted under this section4 7#b7 ,form of report ,each report submitted to ,congress under this subsection shall be in unclassified form1 but may1 if necessary1 contain a classified annex4 #d4 ,congressional oversight relating to certain pardons 7a7 ,submission of information ,in the event that the ,president grants an individual a pardon for a covered offense1 not later than #cj days after the date of such pardon-- 7#a7 the ,attorney ,general shall submit to the chairs and ranking members of the appropriate congressional committees-- 7,a7 all materials obtained or prepared by the prosecution team1 including the ,attorney ,general and any ,united ,states ,attorney1 and all materials obtained or prepared by any investigative agency of the ,united ,states ,government1 relating to the offense for which the individual was so pardoned2 and 7,b7 all materials obtained or produced by the ,department of ,justice in relation to the pardon2 and 7#b7 the ,president shall submit to the chairs and ranking members of the appropriate congressional committees all materials obtained or produced within the ,executive ,office of the ,president in relation to the pardon4 7b7 ,treatment of information ,rule #f7;e7 of the ,federal ,rules of ,criminal ,procedure may not be construed to prohibit the disclosure of information required by subsection 7a7 of this section4 #e4 ,bribery in connection with pardons and commutations ,section #bja of title #ah1 ,united ,states ,code1 is amended-- 7#a7 in subsection 7a7-- 7,a7 in paragraph 7#a71 by inserting 1 including the ,president and the ,vice ,president of the ,united ,states1 after or an officer or employee or person2 7,b7 in paragraph 7#b7-- 7i7 by striking means any person and inserting the following3 8means-- 7,a7 any person 2 7ii7 by striking and at the end2 and 7iii7 by adding at the end the following3 7,b7 any person who is an apparent successful candidate for the office of ,president1 as determined under section #c7;c7 of the ,presidential ,transition ,act of #aifc 7#c ,u4,s4,c4 #ajb note71 and has not yet assumed the office of ,president2 and 7,c7 any person who is an apparent successful candidate for the office of ,vice ,president1 as determined under section #c7;c7 of the ,presidential ,transition ,act of #aifc 7#c ,u4,s4,c4 #ajb note71 and has not yet assumed the office of ,vice ,president2 and 2 and 7,c7 in paragraph 7#c71 by inserting 1 including any pardon1 commutation1 or reprieve1 or an offer of any such pardon1 commutation1 or reprieve before the period at the end2 and 7#b7 in subsection 7b77#c71 by inserting 7including1 for purposes of this paragraph1 any pardon1 commutation1 or reprieve1 or offer any such pardon1 commutation1 or reprieve7 after corruptly gives1 offers1 or promises anything of value4 #f4 ,prohibition on presidential self-pardon ,the ,president's grant of a pardon to himself or herself is void and of no effect1 and shall not deprive the courts of jurisdiction1 or operate to confer on the ,president any legal immunity from investigation or prosecution4 #g4 ,financial disclosure reports by pardon recipients 7a7 ,definitions ,in this section3 7#a7 ,covered individual ,the term covered individual means an individual who is granted a pardon by the ,president on or after the date of enactment of this ,act4 7#b7 ,director ,the term ,director means the ,director of the ,office of ,government ,ethics4 7#c7 ,gift ,the term gift-- 7,a7 has the meaning given the term in section #bfce4bjc of title #e1 ,code of ,federal ,regulations1 as in effect on the date of enactment of this ,act2 and 7,b7 includes-- 7i7 any gift that is solicited or accepted indirectly1 as defined in section #bfce4bjc of title #e1 ,code of ,federal ,regulations1 as in effect on the date of enactment of this ,act2 7ii7 any contribution to an authorized committee 7as defined in section #cja of the ,federal ,election ,campaign ,act of #aiga 7#eb ,u4,s4,c4 #cjaja77 of the ,president for any election to the office of ,president2 7iii7 any contribution1 donation1 transfer1 or provision of money1 real property1 tangible personal property1 or anything else of value1 made directly or indirectly to1 or for the benefit of1 a ,presidential library1 including-- 7,i7 a ,presidential archival depository2 7,,ii7 any private or nonprofit entity established or operated for the purpose of planning1 constructing1 endowing1 maintaining1 supporting1 or operating a ,presidential archival depository1 ,presidential center1 ,presidential museum1 or ,presidential library2 or 7,,iii7 any entity controlled by or affiliated with an entity described in subclause 7,i7 or 7,,ii72 and 7iv7 any contribution1 donation1 in-kind contribution of goods or professional services1 or transfer of funds 7including funds derived from legal settlements7 made directly or indirectly to1 or for the benefit of1 a ,white ,house construction or renovation entity4 7#d7 ,presidential archival depository ,the term ,presidential archival depository has the meaning given the term in section #baja of title #dd1 ,united ,states ,code4 7#e7 ,white ,house construction or renovation entity ,the term ,white ,house construction or renovation entity means-- 7,a7 any ,treasury account or agency fund established or utilized to receive funds or gifts for construction1 renovation1 repair1 maintenance1 alteration1 expansion1 or demolition on the ,white ,house 7including the ,executive ,residence at the ,white ,house72 7,b7 the ,white ,house ,historical ,association1 the ,white ,house ,endowment ,trust1 the ,white ,house ,acquisition ,trust1 the ,national ,park ,foundation1 or any other nonprofit organization1 #eja7;c77#c7 entity1 trust1 foundation1 or special-purpose vehicle established1 operated1 or utilized to solicit1 accept1 hold1 or disburse funds for construction1 renovation1 repair1 maintenance1 alteration1 expansion1 or demolition on ,white ,house 7including the ,executive ,residence at the ,white ,house72 and 7,c7 any entity controlled by or affiliated with an entity described in subparagraph 7,a7 or 7,b74 7b7 ,requirement 7#a7 ,in general 7,a7 ,submissions through online portal 7i7 ,initial report ,except as provided in subparagraph 7,b71 if a covered individual gave a gift to the ,president who granted the covered individual a pardon during the #cfe-;day period before the date on which the pardon was granted1 not later than #cj days after the date on which the pardon is granted1 the covered individual shall submit to the ,director1 through the online portal established under subsection 7c71 a financial disclosure report with respect to the gift4 7ii7 ,continuing reports ,except as provided in subparagraph 7,b71 if a covered individual gives a gift to the ,president who granted the covered individual a pardon on or after the date on which the pardon is granted1 not later than ,may #ae of each year during the #e-year period following the date on which the pardon is granted1 the covered individual shall submit to the ,director1 through the online portal established under subsection 7c71 a financial disclosure report with respect to the gift4 7,b7 ,submissions prior to online portal ,any report required to be submitted under clause 7i7 or 7ii7 of subparagraph 7,a7 during the period before the ,director has established the online portal pursuant to subsection 7c7 shall be submitted in such form and manner as the ,director may require4 7#b7 ,contents ,each financial disclosure report submitted under paragraph 7#a7 shall include1 which respect to each gift required to be reported-- 7,a7 the date on which the covered individual gave the gift to the ,president2 7,b7 a description of the gift2 and 7,c7 the value of the gift4 7c7 ,online submission ,not later than #ahj days after the date of enactment of this ,act1 the ,director shall establish an online portal on the internet website of the ,office of ,government ,ethics through which covered individuals shall submit the financial disclosure reports required under subsection 7b74 7d7 ,publication of financial disclosure reports ,the ,director shall publish in a searchable format on the publicly accessible internet website of the ,office of ,government ,ethics each financial disclosure report submitted in accordance with subsection 7b7 not later than #ae days after the date on which the financial disclosure report is submitted4 #h4 ,severability ,if any provision of this ,act1 an amendment made by this ,act1 or the application of such provision or amendment to any person or circumstance is held to be unconstitutional1 the remainder of this ,act1 the amendments made by this ,act1 and the application of such provision or amendment to any person or circumstance shall not be affected thereby4