[Congressional Bills 106th Congress]
[From the U.S. Government Publishing Office]
[S. 2042 Reported in Senate (RS)]






                                                       Calendar No. 445
106th CONGRESS
  2d Session
                                S. 2042

                          [Report No. 106-231]

   To reform the process by which the Office of the Pardon Attorney 
  investigates and reviews potential exercises of executive clemency.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                            February 9, 2000

    Mr. Hatch (for himself, Mr. Nickles, Mr. Lott, Mr. Abraham, Mr. 
    Thurmond, Mr. Kyl, Mr. Ashcroft, Mr. Sessions, Mr. Smith of New 
  Hampshire, Mr. Coverdell, Mr. Murkowski, Mr. Helms, and Mr. Gramm) 
introduced the following bill; which was read twice and referred to the 
                       Committee on the Judiciary

                             March 9, 2000

                 Reported by Mr. Hatch, with amendments
  [Omit the part struck through and insert the part printed in italic]

_______________________________________________________________________

                                 A BILL


 
   To reform the process by which the Office of the Pardon Attorney 
  investigates and reviews potential exercises of executive clemency.

    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 ``Pardon Attorney Reform and Integrity 
Act''.

SEC. 2. REPRIEVES AND PARDONS.

    (a) Definitions.--In this section--
            (1) the term ``executive clemency'' means any exercise by 
        the President of the power to grant reprieves and pardons under 
        clause 1 of section 2 of article II of the Constitution of the 
        United States, and includes any pardon, commutation, reprieve, 
        or remission of a fine; and
            (2) the term ``victim'' has the meaning given the term in 
        section 503(e) of the Victims' Rights and Restitution Act of 
        1990 (42 U.S.C. 10607(e)).
    (b) Reporting Requirement.--If the President delegates to the 
<DELETED>Attorney General</DELETED> Pardon Attorney the responsibility 
for investigating <DELETED>or reviewing</DELETED>, in any particular 
matter or case, a potential grant of executive clemency, the 
<DELETED>Attorney General</DELETED> Pardon Attorney shall prepare and 
make available to the President a written report, which shall include--
            (1) a description of the efforts of the <DELETED>Attorney 
        General</DELETED> Pardon Attorney--
                    (A) to make each determination required under 
                subsection (c); and
                    (B) to make the notifications required under 
                subsection (d)(1); and
            (2) any written statement submitted by a victim under 
        subsection (c).
    (c) Determinations Required.--In the preparation of any report 
under subsection (b), the <DELETED>Attorney General</DELETED> Pardon 
Attorney shall make all reasonable efforts to--
            (1) inform the victims of each offense that is the subject 
        of the potential grant of executive clemency that they may 
        submit written statements for inclusion in the report prepared 
        by the <DELETED>Attorney General</DELETED> Pardon Attorney 
        under subsection (b), and determine the opinions of those 
        victims regarding the potential grant of executive clemency;
            (2) determine the opinions of law enforcement officials, 
        investigators, prosecutors, probation officers, judges, and 
        prison officials involved in apprehending, prosecuting, 
        sentencing, incarcerating, or supervising the conditional 
        release from imprisonment of the person for whom a grant of 
        executive clemency is petitioned or otherwise under 
        consideration as to the propriety of granting executive 
        clemency and particularly whether the person poses a danger to 
        any person or society and has expressed remorse and accepted 
        responsibility for the criminal conduct to which a grant of 
        executive clemency would apply;
            (3) determine the opinions of Federal, State, and local law 
        enforcement officials as to whether the person for whom a grant 
        of executive clemency is petitioned or otherwise under 
        consideration may have information relevant to any ongoing 
        investigation or prosecution, or any effort to apprehend a 
        fugitive; and
            (4) determine the opinions of Federal, State, and local law 
        enforcement or intelligence agencies regarding the effect that 
        a grant of executive clemency would have on the threat of 
        terrorism or other ongoing or future criminal activity.
    (d) Notification to Victims.--
            (1) In general.--The <DELETED>Attorney General</DELETED> 
        Pardon Attorney shall make all reasonable efforts to notify the 
        victims of each offense that is the subject of the potential 
        grant of executive clemency of the following events, as soon as 
        practicable after their occurrence:
                    (A) The undertaking by the <DELETED>Attorney 
                General</DELETED> Pardon Attorney of any investigation 
                <DELETED>or review</DELETED> of a potential grant of 
                executive clemency in a particular matter or case.
                    (B) The making available to the President of any 
                report under subsection (b).
                    (C) The decision of the President to deny any 
                petition or request for executive clemency.
            (2) Notification of grant of executive clemency.--If the 
        President grants executive clemency, the <DELETED>Attorney 
        General</DELETED> Pardon Attorney shall make all reasonable 
        efforts to notify the victims of each offense that is the 
        subject of the potential grant of executive clemency that such 
        grant has been made as soon as practicable after that grant is 
        made, and, if such grant will result in the release of any 
        person from custody, such notice shall be prior to that release 
        from custody, if practicable.
    (e) No Effect on Other Actions.--Nothing in this section shall be 
construed to--
            (1) limit the ability of the President to seek advice 
        directly from the Attorney General or any informal advisor 
        regarding any pardon matter;
            (<DELETED>1</DELETED> 2) prevent any officer or employee of 
        the Department of Justice from contacting any victim, 
        prosecutor, investigator, or other person in connection with 
        any investigation <DELETED>or review</DELETED> of a potential 
        grant of executive clemency;
            (<DELETED>2</DELETED> 3) prohibit the inclusion of any 
        other information or view in any report to the President; or
            (<DELETED>3</DELETED> 4) affect the manner in which the 
        <DELETED>Attorney General</DELETED> Pardon Attorney determines 
        which petitions for executive clemency lack sufficient merit to 
        warrant any investigation <DELETED>or review</DELETED>.
    (f) Applicability.--Notwithstanding any other provision of this 
section, this section does not apply to any petition or other request 
for executive clemency that, in the judgment of the <DELETED>Attorney 
General</DELETED> Pardon Attorney, lacks sufficient merit to justify 
investigation <DELETED>or review</DELETED>, such as the contacting of a 
United States Attorney.
    (g) Regulations.--Not later than 90 days after the date of 
enactment of this Act, the Attorney General shall promulgate 
regulations governing the procedures for complying with this section.
                                     

                                                       Calendar No. 445

106th CONGRESS

  2d Session

                                S. 2042

                          [Report No. 106-231]

_______________________________________________________________________

                                 A BILL

   To reform the process by which the Office of the Pardon Attorney 
  investigates and reviews potential exercises of executive clemency.

_______________________________________________________________________

                             March 9, 2000

                        Reported with amendments