S. 5256

119 S5256 IS: Abuse of the Pardon Prevention Act of 2026
 U.S. Senate
 2026-08-05
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 II  119th CONGRESS  2d Session  S. 5256  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.
1.
Short title
This Act may be cited as the   Abuse of the Pardon Prevention Act of 2026  .
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.
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.
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.
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 .
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.
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.
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.