[Federal Register Volume 65, Number 189 (Thursday, September 28, 2000)]
[Rules and Regulations]
[Pages 58223-58224]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 00-24750]



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DEPARTMENT OF JUSTICE

28 CFR Part 1

[AG Order No. 2323-2000]


Office of the Pardon Attorney; Rules Governing Petitions for 
Executive Clemency, Victim Notification and Comment

AGENCY: Department of Justice.

ACTION: Final rule.

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SUMMARY: This rule amends the existing regulations on executive 
clemency to codify the Attorney General's practice of providing notice 
to the victims of the crime when an offender convicted of a federal 
felony files a petition for executive clemency. Under these procedures, 
the Department will invite victims to submit comments, if they wish to 
do so, and inform them of the President's final decision on the 
clemency request. The rule also defines the term ``victim'' for 
purposes of such notifications, and lists criteria considered in 
determining in what circumstances such victim notification is 
warranted.

EFFECTIVE DATE: This rule is effective September 28, 2000.

FOR FURTHER INFORMATION CONTACT: Roger C. Adams, Pardon Attorney, U.S. 
Department of Justice, Washington, DC 20530, telephone (202) 616-6070.

SUPPLEMENTARY INFORMATION: Since 1996, the United States Attorneys 
Manual (USAM) section on clemency expressly mentions the issue of 
victim input. Drawing on these provisions in the USAM, this rule 
provides that in appropriate cases (e.g., if it appears likely that 
clemency could be recommended in the case), reasonable effort will be 
made to notify the victim(s) of an offense for which clemency 
(commutation or pardon) is sought that a request for clemency has been 
made, and that the victim(s) may submit comments concerning clemency. 
Moreover, the rule provides that in such cases the victim(s) will be 
informed of the final decision on the clemency request. The term 
``victim'' is defined consistently with the definition used in the 
existing Attorney General Victim/Witness Guidelines.

Administrative Procedure Act

    This rule relates to matters of agency management or personnel, and 
is therefore exempt from the usual requirements of prior notice and 
comment and a 30-day delay in effective date. See 5 U.S.C. 553(a)(2). 
Moreover, to the extent that rulemaking procedures would otherwise be 
applicable, the Department finds that this rule would be exempted from 
the requirements of prior notice and comment as a rule of agency 
organization, procedure, or practice. See 5 U.S.C. 553(b)(A). 
Similarly, the effective date of this rule need not be delayed for 30 
days after publication because the rule is not a ``substantive rule.'' 
See 5 U.S.C. 553(d).

Executive Order 12866

    This rule has been drafted and reviewed in accordance with 
Executive Order 12866, section 1(b), Principles of Regulation. The 
Department of Justice has determined that this rule is not a 
``significant regulatory action'' under Executive Order 12866, section 
3(f), Regulatory Planning and Review, and accordingly it has not been 
reviewed by the Office of Management and Budget.

Executive Order 13132

    This rule will not have substantial direct effects on the States, 
on the relationship between the national government and the States, or 
on the distribution of power and responsibilities among the various 
levels of government. Therefore, in accordance with Executive Order 
13132, it is determined that this rule does not have sufficient 
federalism implications to warrant the preparation of a Federalism 
Assessment.

Executive Order 12988

    This regulation meets the applicable standards set forth in 
sections 3(a) and 3(b)(2) of Executive Order 12988, Civil Justice 
Reform.

Unfunded Mandates Reform Act of 1995

    This rule will not result in the expenditure by State, local, and 
tribal governments, in the aggregate, or by the private sector, of $100 
million or more in any one year, and it will not significantly or 
uniquely affect small governments. Therefore, no actions were deemed 
necessary under the provisions of the Unfunded Mandates Reform Act of 
1995.

Small Business Regulatory Enforcement Fairness Act of 1996

    This rule is not a major rule as defined by section 251 of the 
Small Business Regulatory Enforcement Fairness Act of 1996, 5 U.S.C. 
804. This rule will not result in an annual effect on the economy of 
$100 million or more; a major increase in costs or prices; or 
significant adverse effects on competition, employment, investment, 
productivity, innovation, or the ability of United States-based 
companies to compete with foreign-based companies in domestic and 
export markets.
    As a rule relating to agency management or personnel, this rule is 
also therefore excluded from the scope of a covered ``rule'' for the 
purposes of Chapter 8 of Title 5 U.S.C. See 5 U.S.C. 804(3)(B). 
Moreover, to the extent that this rule would be considered to be a rule 
of agency organization, procedure, or practice, it is excluded from the 
scope of a covered ``rule'' pursuant to 5 U.S.C. 804(3)(C).
    Accordingly, because this action is not a covered ``rule'' it is 
exempt from the requirement for the Department to submit a report to 
each House of Congress and the Comptroller General before this rule can 
take effect as provided in 5 U.S.C. 801(a)(1).

List of Subjects in 28 CFR Part 1

    Clemency, Pardon.

    With the approval of the President, acting in conformity with his 
authority as Chief Executive and with Article II, Section 2 of the 
United States Constitution, and by virtue of the authority vested in me 
by 28 U.S.C. 509, 510, and 5 U.S.C. 301, part 1 of chapter I of title 
28 of the Code of Federal Regulations is amended as follows:

PART 1--EXECUTIVE CLEMENCY

    1. The authority citation for part 1 continues to read as follows:

    Authority: U.S. Const., Art. II, sec. 2; authority of the 
President as Chief Executive, and 28 U.S.C. 509, 510.


    2. Section 1.6 is revised to read as follows:


Sec. 1.6  Consideration of petitions; notification of victims; 
recommendations to the President.

    (a) Upon receipt of a petition for executive clemency, the Attorney 
General shall cause such investigation to be made of the matter as he 
or she may deem necessary and appropriate, using the services of, or 
obtaining reports from, appropriate officials and agencies of the 
Government, including the Federal Bureau of Investigation.
    (b)(1) When a person requests clemency (in the form of either a 
commutation of a sentence or a pardon after serving a sentence) for a 
conviction of a felony offense for which there was a victim, and the 
Attorney General concludes from the information developed in the 
clemency case that investigation of the clemency case warrants 
contacting the victim, the Attorney General shall cause reasonable 
effort to be made to notify the victim or victims of the crime for 
which clemency is sought:

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    (i) That a clemency petition has been filed;
    (ii) That the victim may submit comments regarding clemency; and
    (iii) Whether the clemency request ultimately is granted or denied 
by the President.
    (2) In determining whether contacting the victim is warranted, the 
Attorney General shall consider the seriousness and recency of the 
offense, the nature and extent of the harm to the victim, the 
defendant's overall criminal history and history of violent behavior, 
and the likelihood that clemency could be recommended in the case.
    (3) For the purposes of this paragraph (b), ``victim'' means an 
individual who:
    (i) Has suffered direct or threatened physical, emotional, or 
pecuniary harm as a result of the commission of the crime for which 
clemency is sought (or, in the case of an individual who died or was 
rendered incompetent as a direct and proximate result of the commission 
of the crime for which clemency is sought, one of the following 
relatives of the victim (in order of preference): the spouse; an adult 
offspring; or a parent); and
    (ii) Has on file with the Federal Bureau of Prisons a request to be 
notified pursuant to 28 CFR 551.152 of the offender's release from 
custody.
    (4) For the purposes of this paragraph (b), ``reasonable effort'' 
is satisfied by mailing to the last-known address reported by the 
victim to the Federal Bureau of Prisons under 28 CFR 551.152.
    (5) The provisions of this paragraph (b) apply to clemency cases 
filed on or after September 28, 2000.
    (c) The Attorney General shall review each petition and all 
pertinent information developed by the investigation and shall 
determine whether the request for clemency is of sufficient merit to 
warrant favorable action by the President. The Attorney General shall 
report in writing his or her recommendation to the President, stating 
whether in his or her judgment the President should grant or deny the 
petition.

    Dated: August 9, 2000.
Janet Reno,
Attorney General.
    Approved: September 15, 2000.
William J. Clinton,
President.
[FR Doc. 00-24750 Filed 9-27-00; 8:45 am]
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