[Congressional Bills 119th Congress]
[From the U.S. Government Publishing Office]
[S. 256 Introduced in Senate (IS)]
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119th CONGRESS
1st Session
S. 256
To require the President to publish a statement of reasons for pardons,
and for other purposes.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
January 25, 2025
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 and
Accountability Act of 2025''.
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 contact victims as required under subsection
(c)(1); and
(B) to make each determination required under
paragraphs (2) and (3) of subsection (c); and
(2) any written statement submitted by a victim under
subsection (c)(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 any crime committed by the person
receiving a 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, State,
local, and Tribal 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 and Accountability Act of 2025, 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 and Accountability Act
of 2025, 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 and Accountability
Act of 2025, 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
and Accountability Act of 2025, 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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