[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[S. 3563 Introduced in Senate (IS)]

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118th CONGRESS
  2d Session
                                S. 3563

To require the President to publish a statement of reasons for pardons, 
                        and for other purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                            January 9, 2024

Mr. Blumenthal introduced the following bill; which was read twice and 
referred to the Committee on Homeland Security and Governmental Affairs

_______________________________________________________________________

                                 A BILL


 
To require the President to publish a statement of reasons for pardons, 
                        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 ``Pardon Transparency to Protect 
Investigations Act of 2024''.

SEC. 2. DEFINITIONS.

    In this Act:
            (1) Executive clemency.--the term ``executive clemency''--
                    (A) means any exercise by the President of the 
                power to grant reprieves or pardons under clause 1 of 
                section 2 of article II of the Constitution of the 
                United States; and
                    (B) includes any pardon, commutation, reprieve, or 
                remission of a fine.
            (2) Victim.--The term ``victim'' has the meaning given the 
        term in section 503(e) of the Victims' Rights and Restitution 
        Act of 1990 (34 U.S.C. 20141(e)).

SEC. 3. STATEMENT OF REASONS FOR PARDONS.

    On the date on which any grant of executive clemency is made, the 
President shall publish in the Federal Register and on the official 
website of the President a written explanation of the reasons for 
granting such executive clemency.

SEC. 4. DUTIES OF THE PARDON ATTORNEY.

    (a) Justice Impact Statement.--The Pardon Attorney shall, as soon 
as the Pardon Attorney becomes aware of any potential grant of 
executive clemency being considered by the President, begin preparing a 
Justice Impact Statement, which shall be made available to the 
President and Congress as soon as practicable but not later than 30 
days after the date on which the Pardon Attorney becomes so aware, and 
which shall include--
            (1) a description of the efforts of the Pardon Attorney--
                    (A) to make each determination required under 
                subsection (b); and
                    (B) to contact victims as required under subsection 
                (b)(1); and
            (2) any written statement submitted by a victim under 
        subsection (b)(1).
    (b) Notification.--Any employee of the Department of Justice or 
Executive Office of the President who learns that the President is 
considering a grant of executive clemency shall immediately inform the 
Pardon Attorney of such consideration.
    (c) Determinations Required.--In the preparation of any Justice 
Impact Statement under subsection (a), the 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 Justice Impact 
        Statement prepared by the Pardon Attorney;
            (2) determine the opinions of the victims described in 
        paragraph (1) regarding the potential grant of executive 
        clemency; and
            (3) determine the opinions of the Attorney General, the 
        Secretary of Homeland Security, and other Federal law 
        enforcement officials, as appropriate, as to the potential 
        impact of the grant of executive clemency on the success of any 
        ongoing investigation or prosecution.
    (d) Justice Impact Statement Completion.--The Justice Impact 
Statement required under subsection (a) shall be completed and 
submitted even if submitted after executive clemency is granted.

SEC. 5. PARDON LOBBYING DISCLOSURE.

    (a) Definitions.--Section 3 of the Lobbying Disclosure Act of 1995 
(2 U.S.C. 1602) is amended--
            (1) in paragraph (8)--
                    (A) in subparagraph (A)--
                            (i) in clause (iii), by striking ``or'' 
                        after the semicolon;
                            (ii) in clause (iv), by striking the period 
                        and inserting ``; or''; and
                            (iii) by adding at the end the following:
                            ``(v) the issuance of a grant of executive 
                        clemency, as defined in section 2 of the Pardon 
                        Transparency to Protect Investigations Act of 
                        2024, in the form of a pardon, commutation of 
                        sentence, reprieve, or remission of fine.''; 
                        and
                    (B) in subparagraph (B)(xii), by striking ``made 
                to'' and inserting ``except as provided in subparagraph 
                (A)(v), made to''; and
            (2) in paragraph (10), by inserting after the word 
        ``period'' the following: ``, or any individual who is employed 
        or retained by a client for financial or other compensation for 
        services that include not fewer than 1 lobbying contact 
        relating to a potential grant of executive clemency, as defined 
        in section 2 of the Pardon Transparency to Protect 
        Investigations Act of 2024, regardless of the percent of the 
        services provided by the individual to that client that consist 
        of lobbying activities.''
    (b) Registration of Lobbyists.--Section 4 of the Lobbying 
Disclosure Act of 1995 (2 U.S.C. 1603) is amended by adding at the end 
the following:
    ``(e) Registration Relating to Grants of Executive Clemency.--Not 
later than 2 days after the date on which a lobbyist first makes a 
lobbying contact pertaining to a potential grant of executive clemency, 
as defined in section 2 of the Pardon Transparency to Protect 
Investigations Act of 2024, or is employed or retained to make a 
lobbying contact pertaining to a potential grant of executive clemency, 
as so defined in that Act, whichever is earlier, such lobbyist (or the 
organization employing such lobbyist) shall register with the Secretary 
of the Senate and the Clerk of the House of Representatives in 
accordance with the requirements of this section, regardless of the 
total income or expenses related to such lobbying activities.''.
    (c) Reports by Registered Lobbyists.--Section 5 of the Lobbying 
Disclosure Act of 1995 (2 U.S.C. 1604) is amended by adding at the end 
the following:
    ``(f) Lobbying Contacts Relating to Executive Clemency.--Not later 
than 2 days after a lobbying contact pertaining to a potential grant of 
executive clemency, as defined in section 2 of the Pardon Transparency 
to Protect Investigations Act of 2024, each registrant shall file a 
report with the Secretary of the Senate and the Clerk of the House of 
Representatives containing the information described in subsection (b) 
relating to the lobbying contact pertaining to the potential grant of 
executive clemency.''.

SEC. 6. STUDIES AND REPORTS.

    (a) Studies.--
            (1) In general.--Beginning on the date that is 180 days 
        after the date of enactment of this Act, and every other year 
        thereafter, the Pardon Attorney shall conduct a study on the 
        extent of compliance or noncompliance with this Act.
            (2) Reports to congress.--Not later than April 1 of each 
        year following the completion of the study required under 
        subsection, the Pardon Attorney shall submit to Congress a 
        report containing the findings of the study and any 
        recommendations to improve compliance with this Act.

SEC. 7. SEVERABILITY.

    If any provision of this Act, an amendment made by this Act, or the 
application of such a provision or amendment to any particular person 
or circumstance is held invalid, the remaining provisions of this Act 
and the amendments made by this Act, and the application of such 
remaining provisions and amendments to any other person or 
circumstance, shall not be affected thereby.
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