Summary#
This bill requires the President to publish a written explanation whenever the President grants a pardon, commutation, reprieve, or remission of a fine. It creates new paperwork and notification duties for the Pardon Attorney and narrows when and how people who lobby for clemency must register and report. The stated goal is greater transparency and accountability around executive clemency.
- Main change: The President must publish a statement of reasons for any grant of executive clemency in the Federal Register and on the official presidential website on the date the clemency is granted.
- Pardon Attorney duties: The Pardon Attorney must prepare a “Justice Impact Statement” as soon as they learn a clemency case is being considered, provide it to the President and Congress within 30 days, include victims’ written statements, and record efforts to contact victims and relevant law enforcement. The statement must be completed even if published after clemency is granted.
- Notification duty: Any DOJ or White House employee who learns the President is considering a clemency grant must immediately tell the Pardon Attorney.
- Lobbying rules: The Lobbying Disclosure Act is changed so that lobbying about a possible clemency must be registered within 2 days and reported within 2 days, regardless of the usual income thresholds. Lobbying on clemency is explicitly included in the definition of covered lobbying.
- Oversight: The Pardon Attorney must study compliance with the law every two years (starting 180 days after enactment) and send Congress a report with findings and recommendations by April 1 after each study.
What it means for you#
- Victims of crime: Victims may be contacted and can submit written statements that will be included in the Justice Impact Statement the Pardon Attorney prepares.
- People seeking clemency (and their supporters): There will be a public statement explaining the President’s reasons on the day clemency is granted. Supporters who lobby for clemency will face faster registration and reporting rules.
- Lobbyists and firms: Anyone who makes lobbying contacts about a potential pardon must register within 2 days and report each contact within 2 days, even if their usual lobbying income or expenses are below the normal threshold. This could increase paperwork and compliance duties.
- Department of Justice / Pardon Attorney: The Pardon Attorney must start preparing impact statements promptly, collect victim input, consult relevant law enforcement, and produce periodic compliance studies and reports to Congress. DOJ and White House employees must notify the Pardon Attorney if they learn the President is considering clemency.
- Law enforcement agencies: Federal, state, local, and tribal law enforcement may be asked for opinions about how a clemency grant would affect investigations or prosecutions.
- General public / taxpayers: More written explanations of why clemency was granted will be publicly available, which increases public access to information about pardons and commutations.
Expenses#
No publicly available information.
- This could mean additional administrative costs for the Pardon Attorney’s office and the Department of Justice to prepare Justice Impact Statements, run notifications, and produce the required studies and reports.
- It could increase compliance costs for lobbyists and the organizations that employ them because of faster registration and reporting timelines.
- There may be minor costs to post statements on the presidential website and in the Federal Register and to support any necessary tracking systems.
- The bill does not specify new staff or funding, nor does it include a formal budget estimate.
Proponents' View#
- The bill appears intended to increase transparency by making the President’s reasons for granting clemency public on the date of grant.
- Supporters may argue it increases accountability by documenting victim input and law enforcement views on how clemency would affect ongoing cases.
- The changes to the lobbying law could be seen as reducing hidden influence by requiring quick registration and reporting of clemency-related lobbying.
- Regular compliance studies and reports to Congress could improve oversight and show whether the new rules are being followed.
Opponents' View#
- One concern is that the bill adds administrative steps and deadlines that could slow down or complicate the clemency process or impose burdens on the Pardon Attorney’s office without additional funding.
- The bill does not explain how to handle confidential, classified, or safety-sensitive information in published reason statements or Justice Impact Statements. It is unclear whether any privacy or security exemptions apply.
- It is unclear what penalties or enforcement mechanisms exist if the President, staff, or lobbyists do not follow the new rules.
- The faster registration and reporting rules for lobbyists may capture informal advocates or small organizations and increase compliance costs.
- The bill does not clearly say how victim statements will be protected if they contain sensitive personal information.