by relevant characteristics, including age, gen-
der identity, race and ethnicity, sexual orienta-
tion, disability, type of offense, years served, 
and geographical location of the individual ap-
plying for clemency; and 
(G) establish a process for applicants 
whose applications are not recommended to the 
President to petition for reconsideration by the 
full Board after rejection by a panel. 
(2) PRIORITY.—In carrying out the duties 
under paragraph (1), the Board shall seek guidance 
from the President on any priority factors for re-
viewing applications. Any selected priority factors 
shall be included in the annual report under section 
7. 
(c) POWER TO COMPEL.—The Board may request 
any Federal agency or Federal judicial officer to disclose 
information, data, and reports related to any application 
being considered for clemency. The Federal agency or 
Federal judicial officer shall fully disclose all relevant in-
formation, data, and reports, including presentence re-
ports, subject to any restrictions in accordance with the 
law. 
(d) ADMISSION OF GUILT.—The Board shall not re-
quire any applicant to admit guilt as a condition of rec-
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ommendation for pardon, commutation, remission of a 
fine or forfeiture or restoration of civil and political rights. 
Any admission of guilt in an application may not be used 
against an applicant in any way nor is such admission ad-
missible in a court of law. 
(e) DEFINITIONS.—In this section: 
(1) CLEMENCY.—The term ‘‘clemency’’ includes 
a full pardon, partial or full commutation of sen-
tence, or remission of a fine or forfeiture or restora-
tion of civil and political rights. 
(2) FEDERAL
OFFENSE.—The term ‘‘Federal 
offense’’ includes any offense under Federal statute 
or the Uniform Code of Military Justice. 
SEC. 3. MEMBERSHIP. 
(a) BOARD COMPOSITION.—The Board shall be com-
posed of 9 members possessing significant experience with 
the criminal legal system, clemency, behavioral health, or 
reentry services appointed by the President, including— 
(1) an individual who was formerly incarcer-
ated; 
(2) an individual who has been directly im-
pacted by crime; 
(3) an individual who has previously served or 
currently serves in a Federal defender organization; 
and 
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(4) an individual who shall serve as representa-
tive of the Department of Justice. 
(b) INDEPENDENT MEMBERS.—To be a member ap-
pointed pursuant to subsection (a), except subsection 
(a)(4), the member shall have or have had no affiliation 
with the Department of Justice in the 16 years prior to 
such appointment. 
(c) TERMS.— 
(1) IN GENERAL.—Members of the Board may 
serve throughout the presidency of the President 
who appointed them. 
(2) VACANCY.—Any vacancy of the Board shall 
not affect the powers and duties of the Board. The 
President shall have the authority to fill a vacancy 
on the Board. 
(3) REAPPOINTMENT.—A member of the Board 
shall be eligible for reappointment to the Board. 
(d) CHAIRPERSON.—The Chairperson of the Board 
shall be designated by the President after all members are 
appointed to the Board. 
(e) PANELS.—The Board may convene panels of 3 
Board members to review applications and recommend in-
dividuals for clemency if 2 of the Board members on the 
panel are in favor of such recommendation. 
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(f) MAJORITY.—The Board shall require a majority 
of members present and voting to approve actions of the 
Board. 
(g) PROHIBITION OF COMPENSATION OF FEDERAL 
EMPLOYEES.—Members of the Board who are full-time 
officers and employees of the United States may not re-
ceive additional pay, allowances, or benefits by reason of 
their service on the Board. 
(h) COMPENSATION
OF NON-FEDERAL EMPLOY-
EES.—Members of the Board who are not full-time offi-
cers and employees of the United States shall each be paid 
at a rate equal to the rate of basic pay for level IV of 
the Executive Schedule by the Executive Office of the 
President. 
(i) TRAVEL EXPENSES.—Each member of the Board 
shall receive travel expenses, including per diem in lieu 
of subsistence, in accordance with applicable provisions 
under subchapter I of chapter 57 of title 5, United States 
Code. 
(j) MEETINGS.—The Board shall meet at the call of 
the Chairperson not less than once a quarter each year 
to conduct business. 
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SEC. 4. ABOLITION OF OFFICE OF THE PARDON ATTORNEY; 
TRANSFER OF FUNCTIONS AND PERSONNEL 
OF THE OFFICE OF THE PARDON ATTORNEY 
TO THE BOARD. 
(a) ABOLITION.—The Office of the Pardon Attorney 
of the Department of Justice shall be abolished not later 
than 120 days after the date of enactment of this Act. 
(b) TRANSFER OF FUNCTIONS.—The functions of the 
Office of the Pardon Attorney shall be transferred to and 
carried out by the Board. The functions authorized to be 
performed by the office described in subsection (a) as of 
the day before the date of enactment of this Act, and the 
assets and personnel associated with such functions, are 
transferred to the Board. 
(c) GRADE RETENTION.—In the case of an employee 
transferred to the Board under subsection (b), whether a 
full-time or part-time employee— 
(1) subsections (b) and (c) of section 5362 of 
title 5, United States Code, relating to grade reten-
tion, shall apply to the employee, except that— 
(A) the grade retention period shall be the 
one-year period beginning on the date of the 
transfer; and 
(B) paragraphs (1), (2), and (3) of such 
subsection (c) shall not apply to the employee; 
and 
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(2) the employee may not be separated, other 
than pursuant to chapter 75 of title 5, United States 
Code, during such one-year period. 
(d) ADMINISTRATIVE HEAD.—The Board established 
under section 2 shall appoint, in consultation with the At-
torney General, a Pardon Attorney to act as the adminis-
trative head of the Board. Such Pardon Attorney shall re-
port to the Board and be paid by the Executive Office 
of the President. 
(e) REFERENCES.—Any reference in any other Fed-
eral law, Executive order, rule, regulation, delegation of 
authority, or any document— 
(1) to the head of the Office of the Pardon At-
torney is deemed to be the Pardon Attorney ap-
pointed by the Board established under section 2, in 
consultation with the Attorney General, to act as the 
administrative head of the Board; or 
(2) to the Office of the Pardon Attorney is 
deemed to refer to the Board. 
(f) EXERCISE OF AUTHORITIES.—Except as other-
wise provided by law, the Board may, for the purposes 
of performing the functions of the Office of the Pardon 
Attorney, exercise all authorities under any provision of 
law that were available with respect to the performance 
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of the function immediately before the effective date of 
the transfer of the function under this section. 
(g) SAVINGS PROVISIONS.— 
(1) LEGAL
DOCUMENTS.—All orders, deter-
minations, rules, regulations, permits, grants, loans, 
contracts, agreements, certificates, licenses, and 
privileges— 
(A) that have been issued, made, granted, 
or allowed to become effective by the President 
or any other Government official, or by a court 
of competent jurisdiction, in the performance of 
any function that is transferred by this Act; 
and 
(B) that are in effect on the effective date 
of such transfer (or become effective after such 
date pursuant to their terms as in effect on 
such effective date), 
shall continue in effect according to their terms until 
modified, terminated, superseded, set aside, or re-
voked in accordance with law by the President, any 
other authorized Government official, a court of 
competent jurisdiction, or operation of law. 
(2) PROCEEDINGS.—This Act shall not affect 
any proceedings or any application for any benefits, 
service, license, permit, certificate, or financial as-
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sistance pending on the date of enactment of this 
Act before an office abolished by this Act, but such 
proceedings and applications shall be continued. Or-
ders shall be issued in such proceedings, appeals 
shall be taken therefrom, and payments shall be 
made pursuant to such orders, as if this Act had not 
been enacted, and orders issued in any such pro-
ceeding shall continue in effect until modified, termi-
nated, superseded, or revoked by a duly authorized 
official, by a court of competent jurisdiction, or by 
operation of law. Nothing in this subsection shall be 
considered to prohibit the discontinuance or modi-
fication of any such proceeding under the same 
terms and conditions and to the same extent that 
such proceeding could have been discontinued or 
modified if this Act had not been enacted. 
(3) SUITS.—This Act shall not affect suits com-
menced before the date of enactment of this Act, 
and in all such suits, proceeding shall be had, ap-
peals taken, and judgments rendered in the same 
manner and with the same effect as if this Act had 
not been enacted. 
(4) NONABATEMENT OF ACTIONS.—No suit, ac-
tion, or other proceeding commenced by or against 
the Department of Justice, or by or against any in-
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dividual in the official capacity of such individual as 
an officer or employee of an office transferred by 
this Act, shall abate by reason of the enactment of 
this Act. 
(5) CONSTANCE OF SUITS.—If any Government 
officer in the official capacity of such officer is party 
to a suit with respect to a function of the officer, 
and under this Act such function is transferred to 
any other officer or office, then such suit shall be 
continued with the other officer or the head of such 
other office, as applicable, substituted or added as a 
party. 
(6) ADMINISTRATIVE
PROCEDURE
AND
JUDI-
CIAL REVIEW.—Except as otherwise provided by this 
Act, any statutory requirements relating to notice, 
hearings, action upon the record, or administrative 
or judicial review that apply to any function trans-
ferred by this Act shall apply to the exercise of such 
function by the head of the Federal agency, and 
other officers of the agency, to which such function 
is transferred by this Act. 
(h) TRANSFER
OF ASSETS.—Except as otherwise 
provided in this Act, so much of the personnel, property, 
records, and unexpended balances of appropriations, allo-
cations, and other funds employed, used, held, available, 
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or to be made available in connection with a function 
transferred to an official or agency by this Act shall be 
available to the official or the head of that agency, respec-
tively, at such time or times as the Director of the Office 
of Management and Budget directs for use in connection 
with the functions transferred. 
(i) DELEGATION AND ASSIGNMENT.—Except as oth-
erwise expressly prohibited by law or otherwise provided 
in this Act, an official to whom functions are transferred 
under this Act (including the head of any office to which 
functions are transferred under this Act) may delegate 
any of the functions so transferred to such officers and 
employees of the office of the official as the official may 
designate, and may authorize successive redelegations of 
such functions as may be necessary or appropriate. No 
delegation of functions under this section or under any 
other provision of this Act shall relieve the official to whom 
a function is transferred under this Act of responsibility 
for the administration of the function. 
(j) AUTHORITY OF THE DIRECTOR OF THE OFFICE 
OF MANAGEMENT
AND BUDGET WITH RESPECT
TO 
FUNCTIONS TRANSFERRED.— 
(1) DETERMINATIONS.—If necessary, the Di-
rector shall make any determination of the functions 
that are transferred under this Act. 
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(2) INCIDENTAL TRANSFERS.—The Director, at 
such time or times as the Director shall provide, 
may make such determinations as may be necessary 
with regard to the functions transferred by this Act, 
and to make such additional incidental dispositions 
of personnel, assets, liabilities, grants, contracts, 
property, records, and unexpended balances of ap-
propriations, authorizations, allocations, and other 
funds held, used, arising from, available to, or to be 
made available in connection with such functions, as 
may be necessary to carry out the provisions of this 
Act. The Director shall provide for the termination 
of the affairs of all entities terminated by this Act 
and for such further measures and dispositions as 
may be necessary to effectuate the purposes of this 
Act. 
(k) CERTAIN VESTING OF FUNCTIONS CONSIDERED 
TRANSFERS.—For purposes of this Act, the vesting of a 
function in a department or office pursuant to reestablish-
ment of an office shall be considered to be transfer of the 
function. 
(l) AVAILABILITY OF EXISTING FUNDS.—Existing 
appropriations and funds available for the performance of 
functions, programs, and activities terminated pursuant to 
this Act shall remain available, for the duration of their 
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period of availability, for necessary expenses in connection 
with the termination and resolution of such functions, pro-
grams, and activities. 
(m) DEFINITIONS.—In this section: 
(1) FUNCTION.—The term ‘‘function’’ includes 
any duty, obligation, power, authority, responsibility, 
right, privilege, activity, or program. 
(2) OFFICE.—The term ‘‘office’’ includes any 
office, administration, agency, bureau, institute, 
council, unit, organizational entity, or component 
thereof. 
SEC. 5. FEDERAL ADVISORY COMMITTEE. 
The Federal Advisory Committee Act (5 U.S.C. App.) 
shall not apply to the Board established pursuant to this 
Act. 
SEC. 6. ADEQUATE REPRESENTATION OF DEFENDANTS. 
Section 3006A(a)(2)(B)) of title 18, United States 
Code is amended by striking ‘‘seeking relief under’’ and 
inserting ‘‘seeking relief from their conviction or sentence, 
including pursuant to’’. 
SEC. 7. REPORT. 
Not later than 90 days after the date on which the 
Board is established, the Chairperson of the Board shall 
submit to Congress a report on the established procedures 
for review of clemency applications and administrative 
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plans related to research and any other actions the Board 
will be taking. This report shall include a plan for address-
ing pending applications, which may include augmentation 
of staff through temporary hire or assignment to the 
Board. 
SEC. 8. REPORT ON U.S. ATTORNEY CHARGING AND PLEA 
PRACTICES. 
Not later than two years after the date of enactment 
of this Act, the Director of the National Institute of Jus-
tice shall complete a review and publish a report on the 
charging and plea bargaining practices of U.S. Attorneys’ 
Offices, including racial and gender disparities. The Direc-
tor may consult with the Department of Justice Office of 
the Inspector General to secure any information necessary 
to complete this report. 
SEC. 9. REPORT ON PSYCHOLOGICAL IMPACT OF INCAR-
CERATION. 
Not later than one year after the date of enactment 
of this Act, the Director of the National Institute of Jus-
tice shall publish a report summarizing the current body 
of research on the psychological impact of people who are 
incarcerated. This report shall be completed in coordina-
tion with at least 2 individuals who have published peer- 
reviewed scholarship or have expertise on this topic. 
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SEC. 10. SEVERABILITY. 
If any application of this Act or any provision of this 
Act to any person or circumstance is held invalid, the re-
mainder of this Act and the application of this Act to other 
persons and circumstances shall not be affected by the in-
validity. 
Æ 
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