[Congressional Bills 117th Congress]
[From the U.S. Government Publishing Office]
[S. 3446 Introduced in Senate (IS)]
<DOC>
117th CONGRESS
2d Session
S. 3446
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
January 6, 2022
Ms. Cortez Masto (for herself, Mr. Blumenthal, Ms. Hirono, Mr. Wyden,
Mr. Merkley, Mr. Markey, Mr. Murphy, Mr. Van Hollen, and Mr. Casey)
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 2022''.
SEC. 2. DEPARTMENT OF JUSTICE OVERSIGHT RELATING TO CERTAIN PARDONS.
(a) Definitions.--In this section:
(1) Covered offense.--The term ``covered offense'' means--
(A) an offense against the United States that
arises from an investigation in which the President, or
a relative of the President, is a target, subject, or
witness;
(B) an offense under section 192 of title 2, United
States Code; 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.
(2) Inspector general.--The term ``Inspector General''
means the Inspector General of the Department of Justice.
(3) Pardon.--The term ``pardon'' includes a commutation of
sentence.
(4) Relative.--The term ``relative'' has the meaning given
that term in section 3110(a) of title 5, United States Code.
(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 of the Department
of Justice 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. 3. 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 chairmen 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 chairmen 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.
(c) Definitions.--In this section:
(1) 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) The term ``covered offense'' means--
(A) an offense against the United States that
arises from an investigation in which the President, or
a relative of the President, is a target, subject, or
witness;
(B) an offense under section 192 of title 2, United
States Code; 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) The term ``pardon'' includes a commutation of sentence.
(4) The term ``relative'' has the meaning given that term
in section 3110(a) of title 5, United States Code.
SEC. 4. 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''; and
(B) in paragraph (3), by inserting before the
period at the end the following: ``, including any
pardon, commutation, or reprieve, or offer any such
pardon, commutation, or reprieve''; 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. 5. 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. 6. 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.
<all>