Pardon Transparency and Accountability

Summary#

This bill, the Pardon Transparency and Accountability Act of 2026, would make several new rules about presidential clemency (pardons, commutations, reprieves, and remission of fines). Its main change is to require public explanations and more paperwork around any grant of executive clemency. The stated policy goal is to increase transparency about why clemency is granted and to track lobbying and victim input related to clemency decisions.

Key changes:

• President must publish reasons: The President must publish a written explanation of the reasons for any grant of clemency on the day the clemency is granted, in the Federal Register and on the White House website.
• Justice Impact Statement: The Pardon Attorney must prepare a Justice Impact Statement as soon as they learn a clemency is being considered and deliver it to the President and Congress no later than 30 days after becoming aware. The statement must describe victim contact efforts, include victim statements if submitted, and report determinations about law enforcement views.
• Victim notice and input: The Pardon Attorney must try to inform victims that they may submit written statements for inclusion in the Justice Impact Statement, and must seek victims’ opinions and relevant law enforcement views.
• Lobbying disclosure tightened: People who lobby about clemency must register within 2 days and must file a report within 2 days after a lobbying contact about a potential clemency, even if the usual income thresholds would not require registration.
• Compliance studies: Every two years, starting 180 days after enactment, the Pardon Attorney must study compliance with the law and report findings and recommendations to Congress.

What it means for you#

• President / White House

  • Must publish a written explanation for every clemency grant on the same day the grant is made.
  • Will receive Justice Impact Statements prepared by the Pardon Attorney when clemency is being considered.

• Pardon Attorney and Department of Justice staff

  • Must begin preparing Justice Impact Statements when they learn clemency is under consideration.
  • Must make efforts to contact victims and gather statements and to determine law enforcement views.
  • Must produce recurring studies and reports on compliance.

• Victims of federal crimes

  • May be contacted by the Pardon Attorney and may submit written statements for inclusion in the Justice Impact Statement.
  • The Pardon Attorney must try to determine victims’ opinions about the clemency.

• People seeking clemency

  • Their pardons, commutations, or other clemency grants will be publicly accompanied by a written explanation on the day of the grant.

• Lobbyists and persons who hire them

  • If you lobby or are hired to lobby about a potential clemency, you must register within 2 days of first contact or of being hired for that purpose.
  • You must file a report within 2 days after each lobbying contact about a potential clemency.

• Congress

  • Will receive Justice Impact Statements and periodic reports from the Pardon Attorney about compliance.

• General public

  • Will have quicker public access to written reasons for clemency (Federal Register and White House website).

Expenses#

No publicly available information.

Possible costs and burdens (inferred from the bill):

• The Department of Justice and the Pardon Attorney may need more staff time to prepare Justice Impact Statements, contact victims, and conduct studies and reports.
• The White House may need staff time and web publication resources to post written explanations on the day of a grant.
• Increased administrative work for the agencies that oversee lobbyist registration and reporting to process more, faster filings.
• Potential compliance costs for lobbyists and organizations that must register and report under a tighter schedule.

Proponents' View#

• The bill appears intended to make clemency more transparent by requiring public explanations when the President grants pardons or commutations.
• Supporters may argue this could give crime victims a clearer chance to be heard and to see how their views were considered.
• The bill could make lobbying around clemency more visible by forcing quick registration and reporting for people who try to influence clemency decisions.
• The required studies and reports may help track whether the law is followed and suggest improvements.

Opponents' View#

• One concern is that the bill does not explain penalties or enforcement steps if the President, the Pardon Attorney, or lobbyists fail to meet the new requirements.
• The bill does not clearly say how to handle classified, sensitive, or privacy-protected information in the required written explanations or Justice Impact Statements.
• Requiring publication of reasons "on the date" of a grant could create timing pressures or conflict with other review needs; the bill does not detail how timing conflicts are resolved.
• The fast deadlines for lobbyist registration and reporting (within 2 days) may be hard to meet in practice and may increase administrative burden for agencies and small firms.
• Preparing Justice Impact Statements and conducting biannual studies could increase DOJ staffing and processing costs; the bill does not provide budget or staffing details.