[Congressional Bills 119th Congress]
[From the U.S. Government Publishing Office]
[S. 5256 Introduced in Senate (IS)]
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119th CONGRESS
2d Session
S. 5256
To provide increased oversight of certain pardons, to clarify the
applicability of bribery prohibitions to pardons and commutations, and
for other purposes.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
August 5, 2026
Ms. Cortez Masto (for herself, Mr. Schiff, Mr. Blumenthal, and Ms.
Hirono) introduced the following bill; which was read twice and
referred to the Committee on the Judiciary
_______________________________________________________________________
A BILL
To provide increased oversight of certain pardons, to clarify the
applicability of bribery prohibitions to pardons and commutations, and
for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Abuse of the Pardon Prevention Act
of 2026''.
SEC. 2. DEFINITIONS.
In this Act:
(1) Appropriate congressional committees.--The term
``appropriate congressional committees'' means--
(A) the Committee on the Judiciary of the House of
Representatives and the Committee on the Judiciary of
the Senate; and
(B) if an investigation relates to intelligence or
counterintelligence matters, the Permanent Select
Committee on Intelligence of the House of
Representatives and the Select Committee on
Intelligence of the Senate.
(2) Covered offense.--The term ``covered offense'' means--
(A) an offense against the United States that
arises from an investigation in which the target or
subject is--
(i) the President;
(ii) a relative of the President;
(iii) a former President;
(iv) any individual who is serving or has
previously served as a political appointee
under the President;
(v) any individual who was an employee of
an authorized committee (as defined in section
301 of the Federal Election Campaign Act of
1971 (52 U.S.C. 30101)) of the President for
any election to the office of President; or
(vi) in the case of an offense motivated by
a direct and significant personal or pecuniary
interest of any individual described in clause
(i), (ii), (iii), (iv), or (v), any person or
entity;
(B) an offense under section 102 of the Revised
Statutes (12 U.S.C. 192); or
(C) an offense under section 1001, 1505, 1512, or
1621 of title 18, United States Code, provided that the
offense occurred in relation to a Congressional
proceeding or investigation.
(3) Pardon.--The term ``pardon'' includes a commutation of
sentence.
(4) Political appointee.--The term ``political
appointee''--
(A) means any individual, other than the President
or the Vice President, employed or holding office--
(i) in the Executive Office of the
President, the Office of the Vice President, or
any other office of the White House; or
(ii) in a confidential, policy-making,
policy-determining, or policy-advocating
position appointed by the President, by and
with the advice and consent of the Senate; and
(B) does not include--
(i) a career employee; or
(ii) an individual in the Foreign Service.
(5) Relative.--The term ``relative''--
(A) has the meaning given the term in section
3110(a) of title 5, United States Code; and
(B) includes the spouse of an individual described
in section 3110(a) of title 5, United States Code.
SEC. 3. DEPARTMENT OF JUSTICE INSPECTOR GENERAL OVERSIGHT RELATING TO
CERTAIN PARDONS.
(a) Definitions.--In this section, the term ``Inspector General''
means the Inspector General of the Department of Justice.
(b) Required Investigation.--In the event that the President grants
an individual a pardon for a covered offense, as soon as practicable
after the date of such pardon, the Inspector General shall begin an
investigation of the pardon.
(c) Required Information.--
(1) In general.--Not later than 30 days after the date on
which the President grants an individual a pardon for a covered
offense, for purposes of an investigation under subsection
(b)--
(A) the Attorney General shall submit to the
Inspector General--
(i) all materials obtained or prepared by
the prosecution team, including the Attorney
General and any United States Attorney, and all
materials obtained or prepared by any
investigative agency of the United States
Government, relating to the offense for which
the individual was so pardoned; and
(ii) all materials obtained or produced by
the Department of Justice in relation to the
pardon; and
(B) the President shall submit to the Inspector
General all materials obtained or produced within the
Executive Office of the President in relation to the
pardon.
(2) Report on noncompliance.--Not later than 10 days after
the date on which the Attorney General or President fails or
refuses to comply with the requirement under paragraph (1), the
Inspector General shall submit a report to Congress on the
failure or refusal, which shall include a list of the documents
or information that has not been submitted as required under
paragraph (1).
(d) Treatment of Information.--Rule 6(e) of the Federal Rules of
Criminal Procedure may not be construed to prohibit the disclosure of
information required by subsection (c) of this section.
(e) Report.--
(1) In general.--The Inspector General shall submit to
Congress and publish a report of the findings of each
investigation conducted under this section.
(2) Form of report.--Each report submitted to Congress
under this subsection shall be in unclassified form, but may,
if necessary, contain a classified annex.
SEC. 4. CONGRESSIONAL OVERSIGHT RELATING TO CERTAIN PARDONS.
(a) Submission of Information.--In the event that the President
grants an individual a pardon for a covered offense, not later than 30
days after the date of such pardon--
(1) the Attorney General shall submit to the chairs and
ranking members of the appropriate congressional committees--
(A) all materials obtained or prepared by the
prosecution team, including the Attorney General and
any United States Attorney, and all materials obtained
or prepared by any investigative agency of the United
States Government, relating to the offense for which
the individual was so pardoned; and
(B) all materials obtained or produced by the
Department of Justice in relation to the pardon; and
(2) 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 pardon.
(b) Treatment of Information.--Rule 6(e) of the Federal Rules of
Criminal Procedure may not be construed to prohibit the disclosure of
information required by subsection (a) of this section.
SEC. 5. BRIBERY IN CONNECTION WITH PARDONS AND COMMUTATIONS.
Section 201 of title 18, United States Code, is amended--
(1) in subsection (a)--
(A) in paragraph (1), by inserting ``, including
the President and the Vice President of the United
States,'' after ``or an officer or employee or
person'';
(B) in paragraph (2)--
(i) by striking ``means any person'' and
inserting the following: ``means--
``(A) any person'';
(ii) by striking ``and'' at the end; and
(iii) by adding at the end the following:
``(B) any person who is an apparent successful
candidate for the office of President, as determined
under section 3(c) of the Presidential Transition Act
of 1963 (3 U.S.C. 102 note), and has not yet assumed
the office of President; and
``(C) any person who is an apparent successful
candidate for the office of Vice President, as
determined under section 3(c) of the Presidential
Transition Act of 1963 (3 U.S.C. 102 note), and has not
yet assumed the office of Vice President; and''; and
(C) in paragraph (3), by inserting ``, including
any pardon, commutation, or reprieve, or an offer of
any such pardon, commutation, or reprieve'' before the
period at the end; and
(2) in subsection (b)(3), by inserting ``(including, for
purposes of this paragraph, any pardon, commutation, or
reprieve, or offer any such pardon, commutation, or reprieve)''
after ``corruptly gives, offers, or promises anything of
value''.
SEC. 6. PROHIBITION ON PRESIDENTIAL SELF-PARDON.
The President's grant of a pardon to himself or herself is void and
of no effect, and shall not deprive the courts of jurisdiction, or
operate to confer on the President any legal immunity from
investigation or prosecution.
SEC. 7. FINANCIAL DISCLOSURE REPORTS BY PARDON RECIPIENTS.
(a) Definitions.--In this section:
(1) 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 Act.
(2) Director.--The term ``Director'' means the Director of
the Office of Government Ethics.
(3) Gift.--The term ``gift''--
(A) has the meaning given the term in section
2635.203 of title 5, Code of Federal Regulations, as in
effect on the date of enactment of this Act; and
(B) includes--
(i) any gift that is solicited or accepted
indirectly, as defined in section 2635.203 of
title 5, Code of Federal Regulations, as in
effect on the date of enactment of this Act;
(ii) any contribution to an authorized
committee (as defined in section 301 of the
Federal Election Campaign Act of 1971 (52
U.S.C. 30101)) of the President for any
election to the office of President;
(iii) any contribution, donation, transfer,
or provision of money, real property, tangible
personal property, or anything else of value,
made directly or indirectly to, or for the
benefit of, a Presidential library, including--
(I) a Presidential archival
depository;
(II) any private or nonprofit
entity established or operated for the
purpose of planning, constructing,
endowing, maintaining, supporting, or
operating a Presidential archival
depository, Presidential center,
Presidential museum, or Presidential
library; or
(III) any entity controlled by or
affiliated with an entity described in
subclause (I) or (II); and
(iv) any contribution, donation, in-kind
contribution of goods or professional services,
or transfer of funds (including funds derived
from legal settlements) made directly or
indirectly to, or for the benefit of, a White
House construction or renovation entity.
(4) Presidential archival depository.--The term
``Presidential archival depository'' has the meaning given the
term in section 2101 of title 44, United States Code.
(5) White house construction or renovation entity.--The
term ``White House construction or renovation entity'' means--
(A) any Treasury account or agency fund established
or utilized to receive funds or gifts for construction,
renovation, repair, maintenance, alteration, expansion,
or demolition on the White House (including the
Executive Residence at the White House);
(B) the White House Historical Association, the
White House Endowment Trust, the White House
Acquisition Trust, the National Park Foundation, or any
other nonprofit organization, 501(c)(3) entity, trust,
foundation, or special-purpose vehicle established,
operated, or utilized to solicit, accept, hold, or
disburse funds for construction, renovation, repair,
maintenance, alteration, expansion, or demolition on
White House (including the Executive Residence at the
White House); and
(C) any entity controlled by or affiliated with an
entity described in subparagraph (A) or (B).
(b) Requirement.--
(1) In general.--
(A) Submissions through online portal.--
(i) Initial report.--Except as provided in
subparagraph (B), if a covered individual gave
a gift to the President who granted the covered
individual a pardon during the 365-day period
before the date on which the pardon was
granted, not later than 30 days after the date
on which the pardon is granted, the covered
individual shall submit to the Director,
through the online portal established under
subsection (c), a financial disclosure report
with respect to the gift.
(ii) Continuing reports.--Except as
provided in subparagraph (B), 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 granted,
not later than May 15 of each year during the
5-year period following the date on which the
pardon is granted, the covered individual shall
submit to the Director, through the online
portal established under subsection (c), a
financial disclosure report with respect to the
gift.
(B) Submissions prior to online portal.--Any report
required to be submitted under clause (i) or (ii) of
subparagraph (A) during the period before the Director
has established the online portal pursuant to
subsection (c) shall be submitted in such form and
manner as the Director may require.
(2) Contents.--Each financial disclosure report submitted
under paragraph (1) shall include, which respect to each gift
required to be reported--
(A) the date on which the covered individual gave
the gift to the President;
(B) a description of the gift; and
(C) the value of the gift.
(c) Online Submission.--Not later than 180 days after the date of
enactment of this Act, 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 (b).
(d) 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 (b) not later
than 15 days after the date on which the financial disclosure report is
submitted.
SEC. 8. SEVERABILITY.
If any provision of this Act, an amendment made by this Act, or the
application of such provision or amendment to any person or
circumstance is held to be unconstitutional, the remainder of this Act,
the amendments made by this Act, and the application of such provision
or amendment to any person or circumstance shall not be affected
thereby.
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