101. Short title
This title may be cited as the “Abuse of the Pardon Power Prevention Act”.
Division A — Preventing Abuses of Presidential Power
A Preventing Abuses of Presidential Power
I Abuse of the Pardon Power Prevention
102. Congressional oversight relating to certain pardons
Definitions— In this section:
Appropriate congressional committees— The term appropriate congressional committees means—
the Committee on the Judiciary of the Senate and the Committee on the Judiciary of the House of Representatives; and
if an investigation relates to intelligence or counterintelligence matters, the Select Committee on Intelligence of the Senate and the Permanent Select Committee on Intelligence of the House of Representatives.
Covered offense— The term covered offense means—
an offense against the United States that arises from an investigation in which the President, or a relative of the President, is a target or subject;
an offense under section 102 of the Revised Statutes of the United States (2 U.S.C. 192); or
an offense under section 1001, 1505, 1512, or 1621 of title 18, United States Code, if the offense occurred in relation to a Congressional proceeding or investigation.
Pardon— The term pardon includes a commutation of sentence.
Relative— The term relative has the meaning given that term in section 3110 of title 5, United States Code.
Submission of information— If the President grants an individual a pardon for a covered offense, not later than 30 days after the date of such pardon the Attorney General shall submit to the chairpersons and ranking members of the appropriate congressional committees—
all materials obtained or produced 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
all materials obtained or produced by the Department of Justice in relation to the pardon.
Treatment of information— Rule 6(e) of the Federal Rules of Criminal Procedure shall not be construed to prohibit the disclosure of information required by subsection (b).
103. Bribery in connection with pardons and commutations
Section 201 of title 18, United States Code, is amended—
in subsection (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
in paragraph (3), by inserting before the period at the end the following: “, including any pardon, commutation, or reprieve, or an offer of any such pardon, commutation, or reprieve”; and
in subsection (b)(3), by inserting “(including, for purposes of this paragraph, any pardon, commutation, or reprieve, or an offer of any such pardon, commutation, or reprieve)” after “corruptly gives, offers, or promises anything of value”.
104. Prohibition on presidential self-pardon
II Ensuring No President is Above the Law
201. Short title
This title may be cited as the “No President is Above the Law Act”.
202. Tolling of statute of limitations
Offenses committed by the president or vice president during or prior to tenure in office— Section 3282 of title 18, United States Code, is amended by adding at the end the following:
“(c) Offenses committed by the president or vice president during or prior to tenure in office—In the case of any person serving as President or Vice President of the United States, the duration of that person’s tenure in office shall not be considered for purposes of any statute of limitations applicable to any Federal criminal offense committed by that person (including any offenses committed during any period of time preceding such tenure in office).”
Applicability— The amendments made by subsection (a) shall apply to any offense committed before the date of enactment of this section, if the statute of limitations applicable to that offense had not run as of such date.
III Enforcement of the Foreign and Domestic Emoluments Clauses of the Constitution
301. Short title
This title may be cited as the “Foreign and Domestic Emoluments Enforcement Act”.
302. Definitions
In this title:
The term emolument means any profit, gain, or advantage that is received directly or indirectly from any government of a foreign country, the Federal Government, or any State or local government, or from any instrumentality thereof, including payments arising from commercial transactions at fair market value.
The term person holding any office of profit or trust under the United States includes the President of the United States and the Vice-President of the United States.
The term government of a foreign country has the meaning given such term in section 1(e) of the Foreign Agents Registration Act of 1938, as amended (22 U.S.C. 611(e)).
303. Prohibition on acceptance of foreign and domestic emoluments
Foreign— Except as otherwise provided in section 7342 of title 5, United States Code, it shall be unlawful for any person holding an office of profit or trust under the United States to accept from a government of a foreign country, without first obtaining the consent of Congress, any present or emolument, or any office or title. The prohibition under this subsection applies without regard to whether the present, emolument, office, or title is—
provided directly or indirectly by that government of a foreign country; or
provided to that person or to any private business interest of that person.
Domestic— It shall be unlawful for the President to accept from the United States, or any of them, any emolument other than the compensation for his or her services as President provided for by Federal law. The prohibition under this subsection applies without regard to whether the emolument is provided directly or indirectly, and without regard to whether the emolument is provided to the President or to any private business interest of the President.
304. Civil actions by Congress concerning foreign emoluments
Cause of action— The Senate or the House of Representatives may bring a civil action against any person for a violation of subsection (a) of section 303.
Special rules— In any civil action described in subsection (a), the following rules shall apply:
The action shall be filed before the United States District Court for the District of Columbia.
The action shall be heard by a three-judge court convened pursuant to section 2284 of title 28, United States Code. It shall be the duty of such court to advance on the docket and to expedite to the greatest possible extent the disposition of any such action. Such action shall be reviewable only by appeal directly to the Supreme Court of the United States. Such appeal shall be taken by the filing of a notice of appeal within 10 days, and the filing of a jurisdictional statement within 30 days, of the entry of the final decision.
It shall be the duty of the Supreme Court of the United States to advance on the docket and to expedite to the greatest possible extent the disposition of any such action and appeal.
Remedy— If the court determines that a violation of subsection (a) of section 303 has occurred, the court shall issue an order enjoining the course of conduct found to constitute the violation, and such of the following as are appropriate:
The disgorgement of the value of any foreign present or emolument.
The surrender of the physical present or emolument to the Department of State, which shall, if practicable, dispose of the present or emolument and deposit the proceeds into the United States Treasury.
The renunciation of any office or title accepted in violation of such subsection.
A prohibition on the use or holding of such an office or title.
Such other relief as the court determines appropriate.
Use of government funds prohibited— No appropriated funds, funds provided from any accounts in the United States Treasury, funds derived from the collection of fees, or any other Government funds shall be used to pay any disgorgement imposed by the court pursuant to this section.
305. Disclosures concerning foreign and domestic emoluments
Disclosures— Section 102(a) of the Ethics in Government Act of 1978 (5 U.S.C. App.) is amended by adding at the end the following:
“(9) Any present, emolument, office, or title received from a government of a foreign country, including the source, date, type, and amount or value of each present or emolument accepted on or before the date of filing during the preceding calendar year.
“(10) Each business interest that is reasonably expected to result in the receipt of any present or emolument from a government of a foreign country during the current calendar year.
“(11) In addition, the President shall report—
“(A) any emolument received from the United States, or any of them, other than the compensation for his or her services as President provided for by Federal law; and
“(B) any business interest that is reasonably expected to result in the receipt of any emolument from the United States, or any of them.”
Rule of construction— Nothing in the amendments made by this section shall be construed to affect the prohibition against the acceptance of presents and emoluments under section 303.
306. Enforcement authority of the Director of the Office of Government Ethics
General authority— Section 402(a) of the Ethics in Government Act of 1978 (5 U.S.C. App.) is amended—
by striking “(a) The Director” and inserting “(a)(1) The Director”; and
by adding at the end the following new paragraph:
“(2) The Director shall provide overall direction of executive branch policies related to compliance with the Foreign and Domestic Emoluments Enforcement Act and the amendments made by such Act and shall have the authority to—
“(A) issue administrative fines to individuals for violations;
“(B) order individuals to take corrective action, including disgorgement, divestiture, and recusal, as the Director deems necessary; and
“(C) bring civil actions to enforce such fines and orders.”
Specific authorities— Section 402(b) of such Act (5 U.S.C. App.) is amended—
by striking “and” at the end of paragraph (14);
by striking the period at the end of paragraph (15) and inserting “; and”; and
by adding at the end the following new paragraph:
“(16) developing and promulgating rules and regulations to ensure compliance with the Foreign and Domestic Emoluments Enforcement Act and the amendments made by such Act, including establishing—
“(A) requirements for reporting and disclosure;
“(B) a schedule of administrative fines that may be imposed by the Director for violations; and
“(C) a process for referral of matters to the Office of Special Counsel for investigation in compliance with section 1216(d) of title 5, United States Code.”
307. Jurisdiction of the Office of Special Counsel
Section 1216 of title 5, United States Code, is amended—
in subsection (a)—
in paragraph (4), by striking “and” at the end;
in paragraph (5) by striking the period and inserting “; and”; and
by adding at the end the following:
“(6) any violation of section 303 of the Foreign and Domestic Emoluments Enforcement Act or of the amendments made by section 305 of such Act.”
by adding at the end the following:
“(d) If the Director of the Office of Government Ethics refers a matter for investigation pursuant to section 402 of the Ethics in Government Act of 1978, or if the Special Counsel receives a credible complaint of a violation referred to in subsection (a)(6), the Special Counsel shall complete an investigation not later than 120 days thereafter. If the Special Counsel investigates any violation pursuant to subsection (a)(6), the Special Counsel shall report not later than 7 days after the completion of such investigation to the Director of the Office of Government Ethics and to Congress on the results of such investigation.”