I
106TH CONGRESS
2D SESSION
H. R. 3626
To reform the process by which the Office of the Pardon Attorney investigates
and reviews potential exercises of executive clemency.
IN THE HOUSE OF REPRESENTATIVES
FEBRUARY 10, 2000
Mr. FOSSELLA introduced the following bill; which was 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.
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ‘‘Pardon Attorney Re-
form and Integrity Act’’.
SEC. 2. REPRIEVES AND PARDONS.
(a) DEFINITIONS.—In this section—
(1) the term ‘‘executive clemency’’ means any
exercise by the President of the power to grant re-
prieves and pardons under clause 1 of section 2 of
article II of the Constitution of the United States,
and includes any pardon, commutation, reprieve, or
remission of a fine; and
(2) the term ‘‘victim’’ has the meaning given
the term in section 503(e) of the Victims’ Rights
and Restitution Act of 1990 (42 U.S.C. 10607(e)).
(b) ESTABLISHMENT OF OFFICE OF THE PARDON
ATTORNEY.—There is hereby established in the Depart-
ment of Justice the Office of the Pardon Attorney. It shall
be the duty of the Pardon Attorney to assist the Attorney
General to carry out the responsibilities of the Attorney
General under this Act and in advising the President re-
garding executive clemency.
(c) REPORTING REQUIREMENT.—If the Attorney
General investigates or reviews, in any particular matter
or case, a potential grant of executive clemency, the Attor-
ney General shall prepare and submit to the President a
written report, which shall include—
(1) a description of the efforts of the Attorney
General—
(A) to make each determination required
under subsection (d); and
(B) to make the notifications required
under subsection (e)(1); and
(2) any written statement submitted under sub-
section (d) by a victim or by a Federal, State, or
local law enforcement official, investigator, pros-
ecutor, probation officer, judge, or prison official.
(d) DETERMINATIONS REQUIRED.—In the prepara-
tion of any report under subsection (c), the Attorney Gen-
eral shall make all reasonable efforts to—
(1) inform the victims of each offense that is
the subject of the potential grant of executive clem-
ency that they may submit written statements for
inclusion in the report submitted by the Attorney
General under subsection (c), and determine the
opinions of those victims regarding the potential
grant of executive clemency;
(2) determine the opinions of law enforcement
officials, investigators, prosecutors, probation offi-
cers, judges, and prison officials involved in appre-
hending, prosecuting, sentencing, incarcerating, or
supervising the conditional release from imprison-
ment of the person for whom a grant of executive
clemency is petitioned or otherwise under consider-
ation as to the propriety of granting executive clem-
ency and particularly whether the person poses a
danger to any person or society and has expressed
remorse and accepted responsibility for the criminal
conduct to which a grant of executive clemency
would apply;
(3) determine the opinions of Federal, State,
and local law enforcement officials as to whether the
person for whom a grant of executive clemency is pe-
titioned or otherwise under consideration may have
information relevant to any ongoing investigation or
prosecution, or any effort to apprehend a fugitive;
and
(4) determine the opinions of Federal, State,
and local law enforcement or intelligence agencies
regarding the effect that a grant of executive clem-
ency would have on the threat of terrorism or other
ongoing or future criminal activity.
(e) NOTIFICATION TO VICTIMS.—
(1) IN GENERAL.—The Attorney General shall
make all reasonable efforts to notify the victims of
each offense that is the subject of the potential
grant of executive clemency of the following events,
as soon as practicable after their occurrence:
(A) The undertaking by the Attorney Gen-
eral of any investigation or review of a potential
grant of executive clemency in a particular mat-
ter or case.