II

Calendar No. 445

106TH CONGRESS

2D SESSION S. 2042

[Report No. 106–231]

To reform the process by which the Office of the Pardon Attorney investigates

and reviews potential exercises of executive clemency.

IN THE SENATE OF THE UNITED STATES

FEBRUARY 9, 2000

Mr. HATCH (for himself, Mr. NICKLES, Mr. LOTT, Mr. ABRAHAM, Mr. THURMOND, Mr. KYL, Mr. ASHCROFT, Mr. SESSIONS, Mr. SMITH of New

Hampshire, Mr. COVERDELL, Mr. MURKOWSKI, Mr. HELMS, and Mr.

GRAMM) introduced the following bill; which was read twice and referred

to the Committee on the Judiciary

MARCH 9, 2000

Reported by Mr. HATCH, with amendments

[Omit the part struck through and insert the part printed in italic]

A BILL

To reform the process by which the Office of the Pardon

Attorney investigates and reviews potential exercises of

executive clemency.

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled,
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•S 2042 RS

1 SECTION 1. SHORT TITLE.

2 This Act may be cited as the ‘‘Pardon Attorney Re3 form and Integrity Act’’.

4 SEC. 2. REPRIEVES AND PARDONS.

5 (a) DEFINITIONS.—In this section—

6 (1) the term ‘‘executive clemency’’ means any

7 exercise by the President of the power to grant re8 prieves and pardons under clause 1 of section 2 of

9 article II of the Constitution of the United States,

10 and includes any pardon, commutation, reprieve, or

11 remission of a fine; and

12 (2) the term ‘‘victim’’ has the meaning given

13 the term in section 503(e) of the Victims’ Rights

14 and Restitution Act of 1990 (42 U.S.C. 10607(e)).

15 (b) REPORTING REQUIREMENT.—If the President

16 delegates to the Attorney General Pardon Attorney the re17 sponsibility for investigating or reviewing, in any par18 ticular matter or case, a potential grant of executive clem19 ency, the Attorney General Pardon Attorney shall prepare

20 and make available to the President a written report,

21 which shall include—

22 (1) a description of the efforts of the Attorney

23 General Pardon Attorney—

24 (A) to make each determination required

25 under subsection (c); and
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1 (B) to make the notifications required

2 under subsection (d)(1); and

3 (2) any written statement submitted by a victim

4 under subsection (c).

5 (c) DETERMINATIONS REQUIRED.—In the prepara6 tion of any report under subsection (b), the Attorney Gen7 eral Pardon Attorney shall make all reasonable efforts

8 to—

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

10 the subject of the potential grant of executive clem11 ency that they may submit written statements for

12 inclusion in the report prepared by the Attorney

13 General Pardon Attorney under subsection (b), and

14 determine the opinions of those victims regarding

15 the potential grant of executive clemency;

16 (2) determine the opinions of law enforcement

17 officials, investigators, prosecutors, probation offi18 cers, judges, and prison officials involved in appre19 hending, prosecuting, sentencing, incarcerating, or

20 supervising the conditional release from imprison21 ment of the person for whom a grant of executive

22 clemency is petitioned or otherwise under consider23 ation as to the propriety of granting executive clem24 ency and particularly whether the person poses a

25 danger to any person or society and has expressed
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1 remorse and accepted responsibility for the criminal

2 conduct to which a grant of executive clemency

3 would apply;

4 (3) determine the opinions of Federal, State,

5 and local law enforcement officials as to whether the

6 person for whom a grant of executive clemency is pe7 titioned or otherwise under consideration may have

8 information relevant to any ongoing investigation or

9 prosecution, or any effort to apprehend a fugitive;

10 and

11 (4) determine the opinions of Federal, State,

12 and local law enforcement or intelligence agencies

13 regarding the effect that a grant of executive clem14 ency would have on the threat of terrorism or other

15 ongoing or future criminal activity.

16 (d) NOTIFICATION TO VICTIMS.—

17 (1) IN GENERAL.—The Attorney General Par18 don Attorney shall make all reasonable efforts to no19 tify the victims of each offense that is the subject of

20 the potential grant of executive clemency of the fol21 lowing events, as soon as practicable after their oc22 currence:

23 (A) The undertaking by the Attorney Gen24 eral Pardon Attorney of any investigation or re-
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1 view of a potential grant of executive clemency

2 in a particular matter or case.

3 (B) The making available to the President

4 of any report under subsection (b).

5 (C) The decision of the President to deny

6 any petition or request for executive clemency.

7 (2) NOTIFICATION OF GRANT OF EXECUTIVE

8 CLEMENCY.—If the President grants executive clem9 ency, the Attorney General Pardon Attorney shall

10 make all reasonable efforts to notify the victims of

11 each offense that is the subject of the potential

12 grant of executive clemency that such grant has

13 been made as soon as practicable after that grant is

14 made, and, if such grant will result in the release of

15 any person from custody, such notice shall be prior

16 to that release from custody, if practicable.

17 (e) NO EFFECT ON OTHER ACTIONS.—Nothing in

18 this section shall be construed to—

19 (1) limit the ability of the President to seek ad20 vice directly from the Attorney General or any infor21 mal advisor regarding any pardon matter;

22 (1 2) prevent any officer or employee of the De23 partment of Justice from contacting any victim,

24 prosecutor, investigator, or other person in connec-
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1 tion with any investigation or review of a potential

2 grant of executive clemency;

3 (2 3) prohibit the inclusion of any other infor4 mation or view in any report to the President; or

5 (3 4) affect the manner in which the Attorney

6 General Pardon Attorney determines which petitions

7 for executive clemency lack sufficient merit to war8 rant any investigation or review.

9 (f) APPLICABILITY.—Notwithstanding any other pro10 vision of this section, this section does not apply to any

11 petition or other request for executive clemency that, in

12 the judgment of the Attorney General Pardon Attorney,

13 lacks sufficient merit to justify investigation or review,

14 such as the contacting of a United States Attorney.

15 (g) REGULATIONS.—Not later than 90 days after the

16 date of enactment of this Act, the Attorney General shall

17 promulgate regulations governing the procedures for com18 plying with this section.

Calendar No. 445

106TH CONGRESS

2D SESSION S. 2042

[Report No. 106–231]

A BILL

To reform the process by which the Office of the

Pardon Attorney investigates and reviews potential exercises of executive clemency.

MARCH 9, 2000

Reported with amendments