II 

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. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Pardon Transparency 

5 to Protect Investigations Act of 2024’’. 

6 SEC. 2. DEFINITIONS. 

7 In this Act: 

8 (1) EXECUTIVE CLEMENCY.—the term ‘‘execu9 tive clemency’’— 

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1 (A) means any exercise by the President of 

2 the power to grant reprieves or pardons under 

3 clause 1 of section 2 of article II of the Con4 stitution of the United States; and 

5 (B) includes any pardon, commutation, re6 prieve, or remission of a fine. 

7 (2) VICTIM.—The term ‘‘victim’’ has the mean8 ing given the term in section 503(e) of the Victims’ 

9 Rights and Restitution Act of 1990 (34 U.S.C. 

10 20141(e)). 

11 SEC. 3. STATEMENT OF REASONS FOR PARDONS. 

12 On the date on which any grant of executive clemency 

13 is made, the President shall publish in the Federal Reg14 ister and on the official website of the President a written 

15 explanation of the reasons for granting such executive 

16 clemency. 

17 SEC. 4. DUTIES OF THE PARDON ATTORNEY. 

18 (a) JUSTICE IMPACT STATEMENT.—The Pardon At19 torney shall, as soon as the Pardon Attorney becomes 

20 aware of any potential grant of executive clemency being 

21 considered by the President, begin preparing a Justice Im22 pact Statement, which shall be made available to the 

23 President and Congress as soon as practicable but not 

24 later than 30 days after the date on which the Pardon 

25 Attorney becomes so aware, and which shall include— 

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1 (1) a description of the efforts of the Pardon 

2 Attorney— 

3 (A) to make each determination required 

4 under subsection (b); and 

5 (B) to contact victims as required under 

6 subsection (b)(1); and 

7 (2) any written statement submitted by a victim 

8 under subsection (b)(1). 

9 (b) NOTIFICATION.—Any employee of the Depart10 ment of Justice or Executive Office of the President who 

11 learns that the President is considering a grant of execu12 tive clemency shall immediately inform the Pardon Attor13 ney of such consideration. 

14 (c) DETERMINATIONS REQUIRED.—In the prepara15 tion of any Justice Impact Statement under subsection 

16 (a), the Pardon Attorney shall make all reasonable efforts 

17 to— 

18 (1) inform the victims of each offense that is 

19 the subject of the potential grant of executive clem20 ency that they may submit written statements for 

21 inclusion in the Justice Impact Statement prepared 

22 by the Pardon Attorney; 

23 (2) determine the opinions of the victims de24 scribed in paragraph (1) regarding the potential 

25 grant of executive clemency; and 

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1 (3) determine the opinions of the Attorney Gen2 eral, the Secretary of Homeland Security, and other 

3 Federal law enforcement officials, as appropriate, as 

4 to the potential impact of the grant of executive 

5 clemency on the success of any ongoing investigation 

6 or prosecution. 

7 (d) JUSTICE IMPACT STATEMENT COMPLETION.— 

8 The Justice Impact Statement required under subsection 

9 (a) shall be completed and submitted even if submitted 

10 after executive clemency is granted. 

11 SEC. 5. PARDON LOBBYING DISCLOSURE. 

12 (a) DEFINITIONS.—Section 3 of the Lobbying Disclo13 sure Act of 1995 (2 U.S.C. 1602) is amended— 

14 (1) in paragraph (8)— 

15 (A) in subparagraph (A)— 

16 (i) in clause (iii), by striking ‘‘or’’ 

17 after the semicolon; 

18 (ii) in clause (iv), by striking the pe19 riod and inserting ‘‘; or’’; and 

20 (iii) by adding at the end the fol21 lowing: 

22 ‘‘(v) the issuance of a grant of execu23 tive clemency, as defined in section 2 of 

24 the Pardon Transparency to Protect Inves25 tigations Act of 2024, in the form of a 

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1 pardon, commutation of sentence, reprieve, 

2 or remission of fine.’’; and 

3 (B) in subparagraph (B)(xii), by striking 

4 ‘‘made to’’ and inserting ‘‘except as provided in 

5 subparagraph (A)(v), made to’’; and 

6 (2) in paragraph (10), by inserting after the 

7 word ‘‘period’’ the following: ‘‘, or any individual 

8 who is employed or retained by a client for financial 

9 or other compensation for services that include not 

10 fewer than 1 lobbying contact relating to a potential 

11 grant of executive clemency, as defined in section 2 

12 of the Pardon Transparency to Protect Investiga13 tions Act of 2024, regardless of the percent of the 

14 services provided by the individual to that client that 

15 consist of lobbying activities.’’ 

16 (b) REGISTRATION OF LOBBYISTS.—Section 4 of the 

17 Lobbying Disclosure Act of 1995 (2 U.S.C. 1603) is 

18 amended by adding at the end the following: 

19 ‘‘(e) REGISTRATION RELATING TO GRANTS OF EXEC20 UTIVE CLEMENCY.—Not later than 2 days after the date 

21 on which a lobbyist first makes a lobbying contact per22 taining to a potential grant of executive clemency, as de23 fined in section 2 of the Pardon Transparency to Protect 

24 Investigations Act of 2024, or is employed or retained to 

25 make a lobbying contact pertaining to a potential grant 

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1 of executive clemency, as so defined in that Act, whichever 

2 is earlier, such lobbyist (or the organization employing 

3 such lobbyist) shall register with the Secretary of the Sen4 ate and the Clerk of the House of Representatives in ac5 cordance with the requirements of this section, regardless 

6 of the total income or expenses related to such lobbying 

7 activities.’’. 

8 (c) REPORTS BY REGISTERED LOBBYISTS.—Section 

9 5 of the Lobbying Disclosure Act of 1995 (2 U.S.C. 1604) 

10 is amended by adding at the end the following: 

11 ‘‘(f) LOBBYING CONTACTS RELATING TO EXECUTIVE

12 CLEMENCY.—Not later than 2 days after a lobbying con13 tact pertaining to a potential grant of executive clemency, 

14 as defined in section 2 of the Pardon Transparency to 

15 Protect Investigations Act of 2024, each registrant shall 

16 file a report with the Secretary of the Senate and the 

17 Clerk of the House of Representatives containing the in18 formation described in subsection (b) relating to the lob19 bying contact pertaining to the potential grant of executive 

20 clemency.’’. 

21 SEC. 6. STUDIES AND REPORTS. 

22 (a) STUDIES.— 

23 (1) IN GENERAL.—Beginning on the date that 

24 is 180 days after the date of enactment of this Act, 

25 and every other year thereafter, the Pardon AttorVerDate Sep 11 2014 19:08 Jan 11, 2024 Jkt 049200 PO 00000 Frm 00006 Fmt 6652 Sfmt 6201 E:\BILLS\S3563.IS S3563
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1 ney shall conduct a study on the extent of compli2 ance or noncompliance with this Act. 

3 (2) REPORTS TO CONGRESS.—Not later than 

4 April 1 of each year following the completion of the 

5 study required under subsection, the Pardon Attor6 ney shall submit to Congress a report containing the 

7 findings of the study and any recommendations to 

8 improve compliance with this Act. 

9 SEC. 7. SEVERABILITY. 

10 If any provision of this Act, an amendment made by 

11 this Act, or the application of such a provision or amend12 ment to any particular person or circumstance is held in13 valid, the remaining provisions of this Act and the amend14 ments made by this Act, and the application of such re15 maining provisions and amendments to any other person 

16 or circumstance, shall not be affected thereby. 

Æ