II

106TH CONGRESS

2D SESSION S. 2042

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, and Mr. COVERDELL) introduced the following bill; which

was read twice and referred to the Committee on the Judiciary

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,

3 SECTION 1. SHORT TITLE.

4 This Act may be cited as the ‘‘Pardon Attorney Re5 form and Integrity Act’’.

6 SEC. 2. REPRIEVES AND PARDONS.

7 (a) DEFINITIONS.—In this section—

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

9 exercise by the President of the power to grant re-
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1 prieves and pardons under clause 1 of section 2 of

2 article II of the Constitution of the United States,

3 and includes any pardon, commutation, reprieve, or

4 remission of a fine; and

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

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

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

8 (b) REPORTING REQUIREMENT.—If the President

9 delegates to the Attorney General the responsibility for in10 vestigating or reviewing, in any particular matter or case,

11 a potential grant of executive clemency, the Attorney Gen12 eral shall prepare and make available to the President a

13 written report, which shall include—

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

15 General—

16 (A) to make each determination required

17 under subsection (c); and

18 (B) to make the notifications required

19 under subsection (d)(1); and

20 (2) any written statement submitted by a victim

21 under subsection (c).

22 (c) DETERMINATIONS REQUIRED.—In the prepara23 tion of any report under subsection (b), the Attorney Gen24 eral shall make all reasonable efforts to—
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1 (1) inform the victims of each offense that is

2 the subject of the potential grant of executive clem3 ency that they may submit written statements for

4 inclusion in the report prepared by the Attorney

5 General under subsection (b), and determine the

6 opinions of those victims regarding the potential

7 grant of executive clemency;

8 (2) determine the opinions of law enforcement

9 officials, investigators, prosecutors, probation offi10 cers, judges, and prison officials involved in appre11 hending, prosecuting, sentencing, incarcerating, or

12 supervising the conditional release from imprison13 ment of the person for whom a grant of executive

14 clemency is petitioned or otherwise under consider15 ation as to the propriety of granting executive clem16 ency and particularly whether the person poses a

17 danger to any person or society and has expressed

18 remorse and accepted responsibility for the criminal

19 conduct to which a grant of executive clemency

20 would apply;

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

22 and local law enforcement officials as to whether the

23 person for whom a grant of executive clemency is pe24 titioned or otherwise under consideration may have

25 information relevant to any ongoing investigation or
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1 prosecution, or any effort to apprehend a fugitive;

2 and

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

4 and local law enforcement or intelligence agencies

5 regarding the effect that a grant of executive clem6 ency would have on the threat of terrorism or other

7 ongoing or future criminal activity.

8 (d) NOTIFICATION TO VICTIMS.—

9 (1) IN GENERAL.—The Attorney General 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 of the following events,

13 as soon as practicable after their occurrence:

14 (A) The undertaking by the Attorney Gen15 eral of any investigation or review of a potential

16 grant of executive clemency in a particular mat17 ter or case.

18 (B) The making available to the President

19 of any report under subsection (b).

20 (C) The decision of the President to deny

21 any petition or request for executive clemency.

22 (2) NOTIFICATION OF GRANT OF EXECUTIVE

23 CLEMENCY.—If the President grants executive clem24 ency, the Attorney General shall make all reasonable

25 efforts to notify the victims of each offense that is
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1 the subject of the potential grant of executive clem2 ency that such grant has been made as soon as prac3 ticable after that grant is made, and, if such grant

4 will result in the release of any person from custody,

5 such notice shall be prior to that release from cus6 tody, if practicable.

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

8 this section shall be construed to—

9 (1) prevent any officer or employee of the De10 partment of Justice from contacting any victim,

11 prosecutor, investigator, or other person in connec12 tion with any investigation or review of a potential

13 grant of executive clemency;

14 (2) prohibit the inclusion of any other informa15 tion or view in any report to the President; or

16 (3) affect the manner in which the Attorney

17 General determines which petitions for executive

18 clemency lack sufficient merit to warrant any inves19 tigation or review.

20 (f) APPLICABILITY.—Notwithstanding any other pro21 vision of this section, this section does not apply to any

22 petition or other request for executive clemency that, in

23 the judgment of the Attorney General, lacks sufficient

24 merit to justify investigation or review, such as the con25 tacting of a United States Attorney.
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1 (g) REGULATIONS.—Not later than 90 days after the

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

3 promulgate regulations governing the procedures for com4 plying with this section.

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