Abuse of the Pardon Prevention Act

Bill: 116-hr-7694
Sponsor: full_name: Rep. Schiff, Adam B. [D-CA-28]
Introduced: 2020-07-21
Policy area: Crime and Law Enforcement
Subjects: Congressional oversight

Criminal investigation, prosecution, interrogation

Criminal procedure and sentencing

Evidence and witnesses

Fraud offenses and financial crimes

Government ethics and transparency, public corruption

Presidents and presidential powers, Vice Presidents
Latest action: action_date: 2020-07-23
text: Ordered to be Reported (Amended).

Summaries:
action_date: 2020-07-21
action_desc: Introduced in House
text: <p><b>Abuse of the Pardon Prevention Act</b></p> <p>This bill requires the President and the Department of Justice (DOJ) to provide certain information when the President grants a pardon for certain offenses. The bill also amends criminal statutes relating to the bribery of public officials.</p> <p>If the President pardons or commutes the sentence of an individual for certain crimes, the President and DOJ shall submit to Congress all materials obtained, produced, or prepared by certain government entities relating to the offense and pardon. This requirement shall apply to a pardon for an offense against the United States involving the President or a relative of the President, or for specified offenses such as witness tampering and obstruction of justice.</p> <p>The President and DOJ shall make these submissions no later than 30 days after the pardon. </p> <p>The bill also amends a criminal statute prohibiting the bribery of public officials to state that for the purposes of the statute (1) the President or Vice President is a <em>public</em> <em>official</em>; and (2) a pardon, commutation, or reprieve (or an offer of such) is an <i>official act</i>. (Generally, the statute prohibits, among other things, corruptly offering anything of value to a public official with intent to influence an official act.)</p>

tv_txt: I 116th CONGRESS 2d Session H. R. 7694 IN THE HOUSE OF REPRESENTATIVES July 21, 2020 Mr. Schiff (for himself and Mr. Nadler ) introduced the following bill; which was referred to the Committee on the Judiciary A BILL To provide increased Congressional oversight of certain pardons, to clarify the applicability of bribery prohibitions to pardons and commutations, and for other purposes.

1. Short title This Act may be cited as the Abuse of the Pardon Prevention Act . 2. 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. 3. 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 .